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HomeMy WebLinkAboutAgenda Packet 2017_12_19City of Chula Vista Staff Report File#:17-0550, Item#: A. PRESENTATION OF A PROCLAMATION COMMENDING BATTALION CHIEF MIKE REEVES UPON 32 YEARS OF DEDICATED SERVICE City of Chula Vista Printed on 12/14/2017Page 1 of 1 powered by Legistar™2017-12-19 Agenda Packet Page 11 City of Chula Vista Staff Report File#:17-0387, Item#: 1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $200,000 FROM THE AVAILABLE BALANCE OF THE SEWER FACILITY REPLACEMENT FUND TO THE MAX FIELD PUMP STATION RECONSTRUCTION PROJECT (SW278) FOR CONTRACT CHANGE ORDERS WITH JUST CONSTRUCTION, INC.; RATIFYING CITY STAFF’S ACTION ON APPROVING CHANGE ORDERS FOR THE PROJECT; AND AUTHORIZING THE CITY ENGINEER TO EXPEND ALL AVAILABLE FUNDS IN THE PROJECT (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY On August 9, 2016, the City Council approved Resolution No. 2016-167 awarding a construction contract to Just Construction, Inc. for the Max Field Pump Station Reconstruction Project, CIP No. SW278. Due to differing site conditions, environmental constraints, and existing utility locations, portions of the wastewater pump station required redesign, resulting in an increased cost to the project exceeding the approved contingencies. The proposed action would appropriate an additional $200,000 above the amount originally approved by Council Resolution No. 2016-167 for additional staff costs and construction change orders. The proposed action would also ratify staff’s action approving construction change orders in the amount of $95,000 above the amount originally approved by Council Resolution No. 2016-167 to avoid delays to the project. The proposed action also authorizes the City Engineer to expend all available funds in the project. ENVIRONMENTAL REVIEW Environmental Notice The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines. Environmental Determination The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and/or Section 15303 Class 3 (New Construction or Conversion of Small Structures). Thus, no further environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION The Max Field Pump Station serves the Max Field - Rienstra Park Little League baseball fields. The pump station is over 30 years old and has reached the end of its service life and is in need of City of Chula Vista Printed on 12/14/2017Page 1 of 3 powered by Legistar™2017-12-19 Agenda Packet Page 12 File#:17-0387, Item#: 1. pump station is over 30 years old and has reached the end of its service life and is in need of replacement. Project SW278 includes construction of a new sewage pump station including replacing the appurtenant gravity and force main pipelines, and abandoning the existing sewage pump station. During construction, differing site conditions were encountered. The gravity sewer pipeline supplying the new pump station was deeper than shown on the construction plans, resulting in a series of changes, including a deeper sewage holding tank (wet well), larger pumps and associated piping, and larger electrical breakers, wiring and associated electrical equipment. The construction changes resulted in additional construction work beyond what was contemplated in the construction contract. The construction contractor submitted a claim to the City for delay of contract, which is currently under review. Staff expects to return to the City Council with a recommendation on the delay claim when construction work is complete. The differing site conditions resulted in change orders that exceeded the City Engineer’s authorized limits in accordance with Ordinance No. 3400. Staff directed the contractor to proceed with the work for the following reasons: ·The construction changes and additional equipment were necessary to complete the pump station project in accordance with City standards. ·Delays in authorizing the work before obtaining City Council approval would have potentially exposed the City to delay claims. ·Because the changes occurred during construction, leaving the construction site in a partially completed state until obtaining City Council approval may have caused an unsafe condition for the Max Field - Rienstra Park users. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The Max Field Pump Station Reconstruction Project supports the Healthy Community and Strong and Secure Neighborhoods Strategic Goals since it improves the safety and health of the residents and creates appealing communities to live, work and play. CURRENT YEAR FISCAL IMPACT Approval of the resolution will appropriate $200,000 from the Sewer Facility Replacement Fund to City of Chula Vista Printed on 12/14/2017Page 2 of 3 powered by Legistar™2017-12-19 Agenda Packet Page 13 File#:17-0387, Item#: 1. SW278 for construction change orders and staff costs to complete the project. ONGOING FISCAL IMPACT Upon completion of the project, the improvements will require routine City maintenance. ATTACHMENTS Resolution Staff Contact: Nicola Kavanagh, Principal Civil Engineer City of Chula Vista Printed on 12/14/2017Page 3 of 3 powered by Legistar™2017-12-19 Agenda Packet Page 14 RESOLUTION NO. 2017-_____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $200,000 FROM THE AVAILABLE BALANCE OF THE SEWER FACILITY REPLACEMENT FUND TO THE MAX FIELD PUMP STATION RECONSTRUCTION PROJECT (SW278) FOR CONTRACT CHANGE ORDERS WITH JUST CONSTRUCTION, INC.; RATIFYING CITY STAFF’S ACTION ON APPROVING CHANGE ORDERS FOR THE PROJECT; AND AUTHORIZING THE CITY ENGINEER TO EXPEND ALL AVAILABLE FUNDS IN THE PROJECT WHEREAS, on August 9, 2016 the City Council approved Resolution No. 2016-167 awarding a construction contract to Just Construction, Inc. for the Max Field Pump Station Reconstruction Project, CIP No. SW278; and WHEREAS, due to differing site conditions, environmental constraints, and existing utility locations, portions of the wastewater pump station required redesign, resulting in construction change orders, additional construction work, and an increased cost to the project exceeding the approved project contingencies; and WHEREAS, as a result of these changes the construction contractor submitted proposed change orders to the City for the increased costs; and WHEREAS, the differing site conditions resulted in change orders that exceeded the City Engineer’s authorized limits in accordance with Ordinance No. 3400; and WHEREAS, staff directed the contractor to proceed with the work to complete the pump station in accordance with City standards, minimize delays, and prevent a partially completed pump station from impacting the safe use of the baseball fields at Max Field – Rienstra Park. NOW, THEREFORE, BE IT RESOLVED that: SECTION 1: The City Council of the City of Chula Vista does hereby appropriate $200,000 from the available balance of the Sewer Facility Replacement Fund to the Max Field Pump Station Reconstruction Project (SW278) for additional staff costs and construction contract change orders with Just Construction, Inc. to complete the project. SECTION 2: The City Council of the City of Chula Vista does hereby ratify City staff’s action on approving change orders with Just Construction, Inc. for the project. SECTION 3: The City Council of the City of Chula Vista does hereby authorize the City Engineer to expend all available funds in the project. 2017-12-19 Agenda Packet Page 15 Presented by Approved as to form by William S. Valle Glen R. Googins Director of Engineering & Capital Projects City Attorney 2017-12-19 Agenda Packet Page 16 City of Chula Vista Staff Report File#:17-0491, Item#: 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY NO. 841-01 (COMMUNITY GARDENS POLICY), INCLUDING THE CONSIDERATION TO ALLOW COMMUNITY GARDENS ON ALL CITY-OWNED LAND RECOMMENDED ACTION Council adopt the resolution. SUMMARY In 2010, a City Council Policy regarding Community Gardens (Policy No. 841-01) was approved to allow the consideration of community garden uses on vacant city-owned lands. Tonight’s action will expand the consideration of use to extend to all city-owned lands, remove barriers within the policy, and provide a transparent application process. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Determination The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. BOARD/COMMISSION RECOMMENDATION On December 13, 2017, the Healthy Chula Vista Advisory Commission provided an advisory recommendation that Council approve (5-0) staff’s proposed amendments to the Community Gardens Policy (City Council Policy No. 841-01). DISCUSSION In keeping with the Healthy Community goal of the Strategic Plan, on January 5, 2016, the first Healthy Chula Vista Action Plan was adopted, providing a set of strategies to review, create and evaluate policies and programs within the City and to develop key community partnerships to promote wellness within our community. A key component of the plan included residents’ access to healthy food options. Consistent with the adopted Healthy Chula Vista Action Plan and its strategies, Staff is recommending amendments to the Community Garden Policy originally adopted in 2010 that applied only to vacant city-owned land. Tonight’s action will add other City owned lands (including certain park land areas) for consideration for community garden uses, reduce barriers, and provide a City of Chula Vista Printed on 12/14/2017Page 1 of 3 powered by Legistar™2017-12-19 Agenda Packet Page 17 File#:17-0491, Item#: 2. park land areas) for consideration for community garden uses, reduce barriers, and provide a transparent process to potential gardeners by including the associated application and user agreement in substantial form. Along with the City Council approval on November 7 th to initiate the process of establishing an Urban Agriculture Zone (“UAIZ”) in Chula Vista, this sends a clear message that Chula Vista supports local production and access to healthy food for all community members. Public Outreach Beginning in August, Healthy Chula Vista Staff has engaged community members in discussions surrounding urban agriculture through outreach events at Lauderbach Park, Norman Park Senior Center, and the Civic Center Library. Outreach has included presentations and discussion, as well as a screening of the film “Growing Cities” followed by a panel discussion. Over 100 participants attended the outreach events and provided input on all existing policies pertaining to urban agriculture in Chula Vista. During the month of November, the proposed amendments to the Community Garden Policy were published on the Healthy Chula Vista Urban Agriculture webpage and over 200 residents were notified via email of the comment period, including all Healthy Chula Vista stakeholders, attendees at urban agriculture events, and the Development Services Oversight Committee. In addition, presentations and a request for input were provided to the Sustainability Commission and Parks and Recreation Commission. Public comments received and incorporated into the final policy include: ·Changing the opening operating hour of gardens from 8:00 am to 7:00 am to be consistent with park hours throughout Chula Vista and allow opportunity for early morning activities before work or school; ·Increase the allowed fence height from three (3) to six (6) feet; and ·Translation of documents into Spanish to ensure all residents have equal access to this opportunity (to be executed after adoption). DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This item supports Section 3.1.1 - Implement policies and programs that support a healthy community, by providing healthier options. City of Chula Vista Printed on 12/14/2017Page 2 of 3 powered by Legistar™2017-12-19 Agenda Packet Page 18 File#:17-0491, Item#: 2. CURRENT YEAR FISCAL IMPACT Staff costs associated with the preparation of this staff report and for the Community Garden policy amendments are offset by grant funds through the Centers for Disease Control’s Racial and Ethnic Approaches to Community Health (REACH Chula Vista). ONGOING FISCAL IMPACT Determination of costs associated with a garden site will be assessed administratively at time of application and any fees necessary for project consideration will collected from the applicant. ATTACHMENTS 1. Community Garden Policy Amendments Staff Contact:Stacey Kurz, Development Services Department City of Chula Vista Printed on 12/14/2017Page 3 of 3 powered by Legistar™2017-12-19 Agenda Packet Page 19 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: COMMUNITY GARDENS POLICY POLICY NUMBER EFFECTIVE DATE PAGE 841-01 2/23/10 1 OF 8 ADOPTED BY: Resolution No. 2010-043 DATED: 2/23/10 AMENDED BY: BACKGROUND The City of Chula Vista recognizes community gardens as a valuable recreation activity that can provide community members access to fresh, nutritious produce, and low-intensity physical activity. Community gardens an can also foster environmental awareness, positive social interaction, and community education, all while bringing added food security to the community through the development of local food sources. The City has the ability to foster the creation of community gardens by permitting the establishment of such gardens on its vacantCity owned lands, including the public right of way. PURPOSE This policy provides to the City Manager or his their designee the authority and guidance to implement and approve the use of city-owned vacant land, not including city owned vacant land, passive/non-programmed recreational park space, and other City property (e.g. public right of way) at the City’s discretion to establish community gardens (collectively “City Community Garden Sites”). This policy further details the procedure and requirements for the establishment of community gardens on city-owned vacant landCity Community Garden Sites. POLICY I. COMMUNITY GARDEN AND COMMUNITY PARTICIPATION The City may allow the placement and use of community gardens on city-owned vacant land, passive/non-programmed recreational park space, and other City propertynot including city-owned parks (e.g. public right of way) at the City’s sole discretion, as approved by the City Manager or designee. The City Manager or designee has sole and unfettered discretion as to whether or not to allow the creation of a community garden on city-owned vacant landspursuant to this Policy. For the purposes of this policy, when approval is required by the “City,” it means approval by the City Manager or his their designee, unless otherwise indicated. A community garden, if permitted by the City, must be organized and operated by a “Community Group,” which may include local civic associations, non-profit agencies, gardening clubs, homeowners associations, or even a group formed for the purpose of establishing a garden. The Community Group must have and be able to demonstrate, to the satisfaction of the City, the capacity to effectively administer and operate the proposed community garden. The Community Group must have the support of the community where the garden is proposed as detailed further below. Each Community Group may only operate one community garden unless otherwise approved by the City. 2017-12-19 Agenda Packet Page 20 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: COMMUNITY GARDENS POLICY POLICY NUMBER EFFECTIVE DATE PAGE 841-01 2/23/10 2 OF 8 ADOPTED BY: Resolution No. 2010-043 DATED: 2/23/10 AMENDED BY: Community gardens are to be utilized by the recognized Community Group to produce annual fruits, vegetables, and flowers for use of group members, the City of Chula Vista, other non-profit agencies or groups or any other public agency approved by the City. Individual gardeners may sell their produce off-site, but it is not intended that the use of a community garden on City property be solely for business and/or for-profit endeavors. A community garden should promote environmental education, healthy diets, and encourage the involvement of all citizens who do not have a privately owned (residential) plot for gardening activities. Community gardens are a public resource, and as such, garden membership and participation must be equally open and accessible to all, in compliance with the Americans with Disabilities Act (ADA). The garden site plan prepared by the Community Group shall consider, but not be limited to, ADA compliance in terms of ingress/egress to, and from, and within the garden site, the need for raised planter beds, access to water supplies, and communication needs. The Community Group shall also identify a person as a point of contact for ADA coordination and compliance. The Community Group shall be responsible for and bear any and all costs to ensure ADA compliance. The City, in its discretion, may assist the Community Group with the group’s ADA obligations. In addition to any obligation under this policy, Community Groups and individual gardeners must abide by all federal laws, state laws, and/or City of Chula Vista Charter requirements, ordinances, resolutions, and/or policies. II. THE PROCESS FOR COMMUNITY GARDEN ESTABLISHMENT The following steps are required to request the establishment a community garden: 1. The Community Group must complete a written proposalCity Community Garden Site Application (“Application”), as provided in substantial form as Attachment 1, to establish a community garden. The written proposal must containApplication requires the following information: a. A description of the community group, including a point of contact; b. A description of the community group’s ability to effectively administer and operate a community garden; c. A proposed survey City Community Garden site to place the community garden. The City may assist the community group in locating a potential Community Garden Site; d. The signatures of 30 households within the proposed survey site obtained after a community consultation process immediately surrounding neighboring households or businesses to the proposed City Community Garden Site, as further specified in the Application. The amount of signatures required under this section may be increased by the City indicating that the 2017-12-19 Agenda Packet Page 21 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: COMMUNITY GARDENS POLICY POLICY NUMBER EFFECTIVE DATE PAGE 841-01 2/23/10 3 OF 8 ADOPTED BY: Resolution No. 2010-043 DATED: 2/23/10 AMENDED BY: proposed community garden is supported by the community (the amount of signatures required under this section may be reduced by the City, so long as there are sufficient signatures, in the opinion of the City, that reflectto ensure that there is community support for the community garden); and e. Any other information requested by the City. If more than one community group submits an application to establish a garden in the same area, garden approval will be awarded on a first-come, first-served basis to the group whose complete application is received first. The City, in its sole discretion and when possible, will assist the Community Group that did not prevail to locate alternate sites. 2. The application must include a community garden site plan that will include, but not be limited to, the layout and size of the plots, location of water sources and drainage, detailed plans for ADA compliance, and indicate any proposed structures or fences. The City must approve all community garden site plans. The site plan shall be subject to the following limitations: a. No structures or barriers to general public access can be erected, excepting fences as detailed below, raised/ accessible planting beds, shared composting facility as per IV.3.e below, plant supports, and trellises, public art, rain barrels and benches. Structures must be mobile, or will require specification in the user agreement that such structures will be disassembled and removed by the community group managing the site at the termination of the user agreement. b. Fences shall not exceed six (6) feet in height and should be constructed of wood, chain link, or ornamental metal. No fence shall be installed without review and approval by the City. c. ADA accessibility should be clearly shown on Garden Site Plan. d. Any other limitations imposed by the City. 3. The proposal Application will be submitted to the City’s Public WorksDevelopment Services Department, which will act as the lead in garden establishment and supervision for the Citydetermining appropriate department review and oversight. 34. The City will endeavor to accept or reject the proposal Application within 30 days of submittal. The City has sole and unfettered discretion as to whether or not to accept or reject the creation of a community garden on city-owned vacant landsCity Community Garden Sites. If the proposal is accepted, the City will prepare a list of potential sites as close as possible to the requested area. The City will develop this list according to a range of criteria, including, but not limited to, long-term plans for the area, absence of toxic contamination, and/or any other criteria established by the City. 4. The City and Community Group will meet to decide on a location for the garden, choosing from the 2017-12-19 Agenda Packet Page 22 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: COMMUNITY GARDENS POLICY POLICY NUMBER EFFECTIVE DATE PAGE 841-01 2/23/10 4 OF 8 ADOPTED BY: Resolution No. 2010-043 DATED: 2/23/10 AMENDED BY: sites selected in step 3. 5. The Community Group will develop an initial community garden site plan that will include, but not be limited to, the layout and size of the plots, location of water sources and drainage, detailed plans for ADA compliance, and indicate any proposed structures or fences. Thereafter, the City will assist the Community Group to develop a final community garden site plan. The City must approve all community garden site plans. The site plan shall be subject to the following limitations: a. No structures or barriers to general public access can be erected, excepting fences as detailed below, raised/ accessible planting beds, shared composting facility as per IV.3.e below, plant supports, and trellises, public art, rain barrels and benches. Structures must be mobile, or will require specification in the user agreement that such structures will be disassembled and removed by the community group managing the site at the termination of the user agreement. b. Fences shall not exceed 3 feet in height and should be constructed of wood, chain link, or ornamental metal. No fence shall be installed without review and approval by the City. c. ADA accessibility should be clearly shown on Garden Site Plan. d. Any other limitations imposed by the City. 5. After a site is selected and site plans have been completed, the City will conduct adetermine the applicability of CEQA review for the site to ensure that environmental impacts of the gardens are addressed. The Community Group is responsible for any and all costs of CEQA compliance, specifically the City may require reimbursement of its expenditures in this regard. The City, in its discretion, may assist the Community Group to meet its CEQA obligations under this policy. 6. The Community Group must agree to administer and operate the gardens according to a User Agreement, refer to Section IV. Community Garden Site User Agreement (“User Agreement”), which will extend a limited and revocable license for use of the city-owned vacant land to the community group. III. COMMUNITY GARDEN MAINTENANCE GUIDELINES All community gardens will be developed and maintained at no cost to the City of Chula Vista, have a minimal amount of impact on City of Chula Vista staff time and resources, and will be operated by volunteers from the community. The City, in its sole discretion, may assist the Community Group on a case-by-case basis. During the first season, the City of Chula Vista’s Public Works Department may assist the recognized group in the preparation of the garden site by the following: 2017-12-19 Agenda Packet Page 23 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: COMMUNITY GARDENS POLICY POLICY NUMBER EFFECTIVE DATE PAGE 841-01 2/23/10 5 OF 8 ADOPTED BY: Resolution No. 2010-043 DATED: 2/23/10 AMENDED BY: a. Removing grass b. Turning the soil c. Adding compost d. Adjusting irrigation systems. If the City elects not to assist in the above activities, the Community Group is responsible for the completion of such activities. The Community Group will be responsible for all garden activities including, but not limited to: a. Installation and maintenance of all community garden facilities; b. Maintain the garden’s cleanliness and tend to weeds, particularly from January to March, when weeds are prevalent; c. Compliance with the ADA; d. Paying utility costs such as water or electrical bills, if any; e. Collecting allotment charges from plot users; f. Keeping record of all revenues and expenses incurred by the community garden to be forwarded to City of Chula Vista Finance Department annually on or before April 15th; and g. Any other responsibility required or assigned by the City. IV. COMMUNITY GARDEN SITE USER AGREEMENT If a Community Group is allowed by the City to create a community garden on city-owned vacant landa Community Garden Site, the Community Group and individual gardeners must agree to adhere to a Community Garden Site User Agreement (“User Agreement”), as provided in substantial form in Attachment 2. The User Agreement is a limited and revocable license and does not create for the Community Group, individual gardener/participant, or any person or entity any form of property right or interest to the city-owned vacant landCommunity Garden Site, including, but not limited to, an easement, ownership interest, tenancy, adverse possession, or lease. Failure to abide by the terms of the User Agreement may result in termination of the User Agreement and community garden use. The City Manager or designee and the City Attorney or designee must approve the User Agreement. The City or the City Attorney, in their sole and unfettered discretion, may require and include any and all terms it deems appropriate in a User Agreement. The User Agreement must include, at a minimum, the following terms: 1. GENERAL TERMS: 2017-12-19 Agenda Packet Page 24 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: COMMUNITY GARDENS POLICY POLICY NUMBER EFFECTIVE DATE PAGE 841-01 2/23/10 6 OF 8 ADOPTED BY: Resolution No. 2010-043 DATED: 2/23/10 AMENDED BY: a. The term of the agreement will be for a period of no more than five years. However, the City, in its sole discretion, may increase extend or decrease the period of the term. If a change in the term is made, the City will provide written notice at least 30 days before the term ends. The Community Group must agree to continuously use the Community Garden Site for the Community Garden and that the City may enter the site at any time, with or without notice, to ensure compliance with the User Agreement. b. Acknowledgement and agreement that the User Agreement is a limited and revocable license and does not create for the Community Group, individual gardener/participant, or any person or entity any form of property right or interest to the city-owned vacant landCity Community Garden Site, including, but not limited to, an easement, ownership interest, tenancy, adverse possession, or lease. c. The City may require insurance and indemnification from the Community Group. If so, the requirement shall be under terms required by City Risk Management and/or the City Attorney’s Office. d. The requirement that all participants sign liability waivers under terms specified by the City Attorney’s office. e. Terms specifying the right of the City to terminate the User Agreement at any time and for any reason. The City may, when possible, give thirty (30) days written notice of its decision to end the User Agreement. The written notice need not provide a reason for the terminating the User Agreement. It shall simply provide the date by which community garden activities must cease and the garden site must be returned to its preexisting condition. f. Terms stating that the City will not be liable or responsible for damages or claims of any type by or from any person or entity, including and not limited to, damages or claims resulting from participation in the community garden or terminating User Agreement. 2. COMMUNITY GROUP AND PARTICIPANT TERMS: a. The Community Group shall provide that allotments of space must be made from a waiting list on a first come, first serve basis. b. Membership in the recognized Community Group, and the opportunity to be allotted a plot, must be open to any resident of the community. 2017-12-19 Agenda Packet Page 25 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: COMMUNITY GARDENS POLICY POLICY NUMBER EFFECTIVE DATE PAGE 841-01 2/23/10 7 OF 8 ADOPTED BY: Resolution No. 2010-043 DATED: 2/23/10 AMENDED BY: c. The Community Group may share costs to operate the community garden among its participants. To this end, the Community Group may require participants to pay a portion of the cost to operate the community garden, hereinafter “Allotment Charges.” Allotment Charges may cover the yearly watering, maintenance, and site improvement costs, unless otherwise determined by City of Chula Vista. Allotment Charges charged to gardeners shall not exceed the amount necessary to cover the normal operating costs of the garden. Records of Allotment Charges to gardeners and expenses will be kept and forwarded to the City of Chula Vista Finance Department to ensure correct use of monies at the same time as records of revenues and expenses. Allotment Charges must be approved in advance of invoicing by the City, at a time frame determined by the City. The City may require that the Allotment Charges charged to gardeners be reduced or eliminated. Allotment Charges may not include any salary or similar compensation to any person acting in a position of or similar to a manager for the operation or management of the community garden – all persons participating in the community garden shall be volunteers. The community garden shall be a non-profit endeavor. d. In addition to any obligation under this policy, Community Groups and individual gardeners must agree to abide by all federal laws, state laws, and local ordinances, resolutions, or polices. 3. CITY COMMUNITY GARDEN SITE TERMS: a. A description of the pre-existing conditions of the approved garden site, the requirement that at the end of the User Agreement that the garden site be returned to its original condition (to the satisfaction of the City), and the requirement for payment of damages if the site is not returned to its original condition b. Hours of operation will be from 87:00 a.m. until sunset. The City, in its sole discretion, may increase or reduce the hours of operation. c. Language stating that members will only be able to sell the produce of their community garden plots off-site. d. Only organic cultivation is to be allowed on community garden sites. No pesticides or chemical fertilizers are to be used. e. Each garden will be required to have a shared composting area, which will avoid a build up of waste and to enhance soil fertility in future seasons. f. The recognized Community Group and individual gardeners must adhere to maintenance standards 2017-12-19 Agenda Packet Page 26 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: COMMUNITY GARDENS POLICY POLICY NUMBER EFFECTIVE DATE PAGE 841-01 2/23/10 8 OF 8 ADOPTED BY: Resolution No. 2010-043 DATED: 2/23/10 AMENDED BY: set forth by City of Chula Vista. V. ADDITIONAL ITEMS As progress is made on the creation of community gardens on city-owned vacant lands, the City may explore expanding Community Gardens to other locations. The City Manager, in his or her discretion, may develop and require additional terms and/or conditions not provided for in this policy to ensure the effective implementation of this policy for the City of Chula Vista. ATTACHMENTS 1. City Community Garden Site Application 2. Community Garden Site User Agreement 2017-12-19 Agenda Packet Page 27 276 Fourth Ave | Chula Vista | California 91910 | (619) 691 -5101 D e v e l o p m e n t S e r v i c e s D e p a r t m e n t Plannin g Divisio n Developmen t Processin g CITY COMMUNITY GARDEN SITE APPLICATION This application is for the proposal of a Community Garden on City owned land per the guidelines stated in Council Policy 841-01. Applicant: The following information shall be provided for City review and approval prior to issuance of a City Community Garden Site User Agreement. This Application must be accompanied by an initial community garden site plan that includes, at a minimum: the layout and size of the plots, location of water sources and drainage, detailed plans for ADA complian ce, and indicate any proposed structures or fences. Please Complete all applicable non-shaded areas. 1. Community Garden Site Organizer (APPLICANT CONTACT INFORMATION) Applicant Contact Name Street Address of Applicant City State Zip Code Phone # Email 2. Community Garden Organization (GROUP DESCRIPTION) Group Name Please provide a description of the community group and a description of the community group’s ability to effectively administ er and operate a community garden [e.g., your experience in community gardening and financial capability to maintain garden]. 3. Community Garden Site (PROPOSED COMMUNITY GARDEN SITE) Street Address of Site Zip Code Description of Proposed Location Plot Size in Acres 2017-12-19 Agenda Packet Page 28 CITY COMMUNITY GARDEN SITE APPLICATION Page 2 of 3 276 Fourth Ave nue | Chula Vista | California 91910 | (619) 691 -5101 4. NEIGHBOR AWARENESS SIGNATURES You must obtain the signatures of adjacent neighbors (owners, not tenants) showing that they have been made aware of the application. Neighbors included should be those immediately to the right and left of the property and three neighbors in front and beh ind the proposed site. When obtaining Neighbor Awareness signatures, you should allow them to review this application and associated site plan prior to signature. The City reserves the right to request additional signatures after initial review. * Note: Garden approval will be awarded on a first-come, first-served basis. Proposed Community Garden Site Street Address: _______________________________ Owner Name: _______________________________ _______________________________ Signature Date: ____/____/_____ Street Address: _______________________________ Owner Name: _______________________________ _______________________________ Signature Date: ____/____/_____ Street Address: _______________________________ Owner Name: _______________________________ _______________________________ Signature Date: ____/____/_____ Street Address: _______________________________ Owner Name: _______________________________ _______________________________ Signature Date: ____/____/_____ Street Address: _______________________________ Owner Name: _______________________________ _______________________________ Signature Date: ____/____/_____ Street Address: _______________________________ Owner Name: _______________________________ _______________________________ Signature Date: ____/____/_____ Street Address: _______________________________ Owner Name: _______________________________ _______________________________ Signature Date: ____/____/_____ Street Address: _______________________________ Owner Name: _______________________________ _______________________________ Signature Date: ____/____/_____ 2017-12-19 Agenda Packet Page 29 CITY COMMUNITY GARDEN SITE APPLICATION Page 3 of 3 276 Fourth Ave nue | Chula Vista | California 91910 | (619) 691 -5101 5. AMERICANS WITH DISABILITIES ACT (“ADA”) COMPLIANCE You are required to have a designated a point of contact for ADA coordination and compliance. ADA Contact Name Street Address of Applicant City State Zip Code Phone # Email 6. ADDITIONAL INFORMATION Do you plan on selling the produce you harvest from this garden at/to an off-site location? □ Y □ N (If yes, a business license and other applicable County approvals may be required.) How many users do you anticipate gardening in the Community Garden? ______ What is the proposed water source? _______________________________________________________________ Do you anticipate any small and temporary structures? Describe: ______________________________________________________________________________________________ ______________________________________________________________________________________________ 7. AUTHORIZATION Community Groups and individual gardeners must abide by all federal laws, state laws, and/or City of Chula Vista Charter requirements, ordinances, resolutions, and/or policies. By signing below you are indicating the identified community group would be prepared to enter into a Community Garden Site User Agreement, including a waiver by each participant and meet all requirements of a User Group including those identified in Council Policy 841-01. Print Applicant Name Applicant Signature Date GARDEN SITE PLAN CHECKLIST □ Community Garden Site Plan that includes: □ Plot layout □ Plot size □ Location of water sources □ Drainage □ ADA Compliance & Accessibility □ Vicinity map □ North Arrow □ Proposed (nonpermanent/removable) structures □ Bar Scale □ Proposed fences (i.e., wood, chain-link, or ornamental metal) GRAY AREAS FOR STAFF USE ONLY 2017-12-19 Agenda Packet Page 30 D e v e l o p m e n t S e r v i c e s D e p a r t m e n t Plannin g Divisio n Developmen t Processin g Community Garden Site User Agreement PURPOSE: The City allows community gardens (via a license agreement) on its property pursuant to its Community Garden Policy. To participate in a community garden authorized by the Community Garden Policy, this Community Garden Site User Agreement and individual Participation/Use Community Garden Waiver must be executed. DEFINITIONS: • A “Community Garden” is defined as a single piece of land gardened collectively by way of designated plots. Each plot is cared for by an individual or shared by a group of people; to grow vegetables, fruits, and flowers for personal use and/or for donation, with one individual designated as the “Farmer of Record.” • “Community Garden Organization” means a group formed for the purpose of : (1) requesting to use City owned property to engage in community gardening; and (2), if approved by the City, to use an approved City site for community gardening, led by a Community Garden Site Organizer and having Community Garden Site Participants engage in gardening activities. • “Community Garden Site Organizer” or “Site Organizer” means that person who is the point contact for the community group wishing to use City property for community gardening and who is responsible for operating the community garden as a whole and ensuring compliance with this Agreement, City Community Gardens Policy, and any other term or condition required by the City. • “Community Garden Site Participant” or “Site Participant” means the person(s) who is actively engaged in gardening activities on a plot under the leadership and direction of the City and Community Garden Site Organizer. • “Farmer of Record” means the Community Garden Site Participant responsible for the plot they are assigned. LICENSE AGREEMENT This Licensing Agreement (“Agreement” of “License Agreement”) is entered into effective as of ____________ (“Effective Date”) by and between the City of Chula Vista (“City”) and the below listed Site Organizer and Site Participants (collectively, the “Parties” or “Community Garden Site Organization” and, individually, a “Party”) and for valuable and sufficient consideration, agree to the following: 1. Site Organizer and Site Participant(s) acknowledge and agree that this Agreement is a license agreement which solely authorizes Site Organizer and Site Participant(s) to enter upon City owned property to engage in community garden activities under the terms set forth herein , the City’s Community Garden Policy, which is hereby incorporated by reference into this Agreement, and any other term or condition required by the City. 2017-12-19 Agenda Packet Page 31 Community Garden Site User Agreement Page 2 Site Organizer and Site Participant(s) further acknowledge and agree that this License Agreement (or any other document(s)) does not create for the Community Garden Organization, Site Organizer, Site Participants, or any other entity or person(s), any form of property interest in the City owned property which is being used for community gardening, including, but not limited to lease or easement interest or right. 2. Site Organizer, agrees, to the maximum extent allowed by law, Site Organizer shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and again st any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of o r incident to any alleged acts, omissions, negligence, or willful misconduct of Site Organizer, Site Participant, or Community Garden Organization participating in the Community Garden (however formed), including its officials, officers, employees, agents, and volunteers, arising out of or in connection with the participating in community garden activities (including gardening), or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the City, including its Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, including its Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Site Organizer, Site Participant, or Community Garden Organization participating in the community garden (however formed), including its employees, agents or officers, volunteers, or any third party. This paragraph shall continue remain in effect even after the expiration of the term or termination of this Agreement. The City may require insurance in support of this paragraph, in which case the City shall provide notice of its insurance requirements. 3. Site Organizer agrees to the terms of the attached Participation/Use of Community Garden Waiver and shall execute said waiver prior to engaging in any gardening activities. (See Attachment 1.) Site Organizer shall also ensure that all site Participants and their minor child or children have fully executed the aforementioned waiver. 4. Site Participant(s) agrees to the terms of the attached Participation/Use of Community Garden Waiver and shall execute said waiver prior to engaging in any gardening activities. (See Attachment 1.) Site Participant(s) shall also ensure that their minor child or children have fully executed the aforementioned waiver prior to engaging in any gardening activities. 5. Site Organizer and Site Participant agree that they (jointly and severally) will operate the community garden under the terms of this agreement, including the below gardening terms (“Gardening Terms”), the City’s Community Garden Policy, and another terms or conditions required by the City. The Gardening Terms are as follows: A. Term: The initial term of this Agreement shall be five years, beginning the effective date. The Agreement may be renewed for additional terms at the discretion of the City. 2017-12-19 Agenda Packet Page 32 Community Garden Site User Agreement Page 3 B. Point of Contact. Site Organizer shall be the point of contact for the community garden and attendant Community Garden Organization. The Site Organizer’s duties shall include, but not be limited to, the following: (1) ensure ADA compliance and shall notify of the City of any ADA issues; (2) gather and maintain financial records as required by the City regarding operation of the community garden; (3) provide City communications and notices to Site Participants; (4) keep their contact information current; (5) ensure Site Participants abide by this Agreement (including signed waiver), City Community Garden Policy, and other term or condition required by the City (collectively “Community Garden Documents”); (6) promptly report any violations of the Community Garden Documents to designated City staff; (7) ensure that the Participation/Use Community Garden Waiver is fully executed and only those that have executed said waivers participate in gardening activities; and (8 maintain a current list of Site Participants and shall provide said list to the City-including, reporting any changes within one (1) business day of any changes. C. City Cooperation: Site Organizer and Site Participants shall cooperate and work with the City to ensure good relationships and a successful operation of the Community Garden. D. Plots: The Community Garden shall consist of the City approved garden site plan and gardening activities shall only take place on said approved garden site. Plots will be assigned to an individual or a group by the Site Organizer. Each plot can be shared by as many people as desired, with one person being designated as the plot’s Farmer of Record. E. Farmer of Record. If Site Participant is designated as the Farmer of Record, they shall be the point of contact for the Plot. The Farmer of Record’s duties shall include, but not be limited to, the following: (1) provide City communications and notices to Site Participants which are sharing the plot with the Farmer of Record; (2) keep their contact information current; (3) ensure Site Participants abide this Agreement (including signed participation waiver), and the City’s Community Garden Policy (collectively “Community Garden Documents”); and (4) promptly report any violations of Community Garden Documents to the Site Organizer and designated City staff. F. Minor Children: Site Organizer and Site Participants may seek to have their minor child (or children) participate in gardening activities with them. To do so, the Site Organizer and Site Participants must include them in their Participation/Use of Community Garden Waiver. Site Organizer and Site Participant 2017-12-19 Agenda Packet Page 33 Community Garden Site User Agreement Page 4 are responsible for supervising their own minor child (or children) at all times while at the community garden and while participating in gardening activities. G. Limits of Agricultural Use: The garden area shall be limited to growth of vegetables, fruits, and flowers, in compliance with all policies and ordinances of the City. Planting of trees will be allowed only in containers. The community garden shall not be used for any type of livestock or poultry nor shall marijuana of any type be grown, harvested, stored, or collected at a community garden. H. Chemicals: The use of insecticides, herbicides and synthetic fertilizers is strictly prohibited. Only natural organic methods and products shall be used for the treatment of nuisances and to provide plant and soil nutrition. The Qualifying Entity is encouraged to reference the Environmental Protection Agency’s National Organic Program. Therefore, only ‘Organic Gardening’ is allowed to be practiced here. No herbicides or pesticides may be used, except for organic-based materials, such as iron phosphate for snail and slug bait. I. Sale of Products: Sale of products on-site is prohibited; products grown are for personal use, for sale off- site, or for donation by members of the garden. J. Means of Planting: Raised Beds with suitable commercial grade fabric barrier lying at the base and lower sides, to prevent disturbance of native soils and to protect new soils from contaminants. New soil should be brought to the site that is suitable for planting edible vegetation. No tilling of existing ground is allowed. K. Water Source: Potable water may be available on or in close proximity to the site. If available, potable water shall be used. If the City provides water, the City may charge for such water via a separa te agreement. However, if water is not available nearby or from the City, Site Participant shall be required to provide water. L. Maintenance: The Site Organizer and Site Participants shall, jointly and severally, be responsible for all garden activities including maintenance and upkeep of garden grounds. M. Utilities: The Site Organizer shall be responsible for payment of water & electric charges if applicable, as agreed upon by the City. N. Allotment Fees: Site Organizer shall be responsible for collection of all fees, if any, associated with individual plots. 2017-12-19 Agenda Packet Page 34 Community Garden Site User Agreement Page 5 O. Mechanical Equipment: Mechanical equipment is limited to residential grade, restricted to use between operational hours of the community garden, and must adhere to the Chula Vista Code of Ordinances, regarding noise control. Equipment may be stored on -site at the risk of its owners. The City will not be liable for loss, theft, or any type of damage incurred to equipment left or used on site. P. Trash: No trash or debris shall be left on site at any time. Q. Accessory structures: Accessory structures are permitted (e.g., storage sheds) in so much as they are removable and not permanent. Accessory structures shall be subject to City approval. R. Composting: A composting area is required on the Community Garden Site. The composting area shall be indicated on the site plan and comply with Chula Vista Municipal Code section 8.25.090. Composting materials are generated from the site only, and outside materials will not be brought in , unless approved by the City. S. Fencing: Fences shall not exceed six (6) feet in height and should be constructed of wood, chain link, or ornamental metal. No fence shall be installed without review and approval by the City. Fencing is meant to provide a visual delineation of the garden lot from the right-of-way and is not intended to provide security. T. Signage: A decorative sign, meeting Chula Municipal Code Section 19.60, and no larger than 18”h x 24”w may be hung at the front of the garden to display the name of the garden and associat ed entity. A laminated document 8.5” x 11” showing the Qualifying entity’s contact information, including the primary and alternate contacts, along with the rules and guidelines for the garden will be posted within the garden boundaries, at a readable height. U. Boundaries: Garden areas shall not encroach onto adjacent properties. The cultivated areas will meet the required setback(s) for the zoning district in which the garden is located. V. Maintenance: The property shall be maintained free of high grass and weeds in accordance with City regulations. Dead garden plants shall be removed regularly. Rotting fruits and vegetables shall be collected from garden areas and properly disposed of offsite or in compost area. The Site Organizer and Site Participants, shall jointly and severally, be responsible for vermin and similar pest control. W. Miscellaneous Improvements: Benches and trellises and will be permitted on site as miscellaneous improvements. Decorative ornamentation will be restricted to placement within an individual’s plot. 2017-12-19 Agenda Packet Page 35 Community Garden Site User Agreement Page 6 Items within the garden will be limited in height and will not block clear site lines into the garden from the right-of-way(s). X. Operating Hours: Hours of operation will be from 7:00 a.m. until sunset. The City, in its discretion, may increase or reduce the hours of operation. Y. Insurance/ Waivers: The City may require insurance and indemnification from the Community Garden Organization. If so, the requirement shall be under terms required by City Risk Management and/or the City Attorney’s Office. Z. Lighting: No overhead lighting shall be permitted on site. AA. Parking: No parking will be permitted on the site. BB. Existing Trees: Removing or cutting of existing trees is strictly prohibited, unless otherwise approved by the City of Chula Vista. Trees may only be planted in containers and shall not become permanent fixtures on the City owned property. CC. Fundraising: Qualifying entities are free to undertake fundraising activities in order to build community support and resources to defray costs associated with operating a community garden. However, any fundraising activities involving use of the actual property must be pre -approved by the City of Chula Vista. DD. Access: The City of Chula Vista shall have 24 hour access to the property, with or without notice. EE. Records: Records of fees collected and expenditures related to the garden shall be maintained in a centralized location and available at the City’s request. FF. Exceptions: Any use condition for a Community Garden may be modified by Special Exception upon approval by the City. GG. Termination of Agreement: The City may terminate this agreement at any time and with or without notice. However, the City may, when possible, give thirty (30) days written notice of its decision to end this Agreement. The written notice need not provide a reason for the terminating this Agreement, but shall simply provide the date by which community garden activities must cease and the garden site must be returned to its preexisting condition. HH. Other Provisions Specific to this Site: Individual lots may have conditions not addressed in this policy. If deemed necessary, an attachment will be included as part of this Agreement, listing other provision(s) specific to the site and will be considered part of this Agreement. 2017-12-19 Agenda Packet Page 36 Community Garden Site User Agreement Page 7 II. Changes to this Agreement: The City May alter or modify any term of this Agreement, in its sole and unfettered discretion, at any time. (Signature Page to follow.) 2017-12-19 Agenda Packet Page 37 Community Garden Site User Agreement Page 8 SIGNATURE PAGE FOR SITE ORGANIZER: BY SIGNING BELOW, I AGREE THAT I have read and understand the City of Chula Vista’s “Community Garden Policy” and this Agreement (and attendant liability waiver); that I accept and agree to the terms in this Agreement (and attendant liability waiver) and the City’s Community Garden Policy; and agree to carry out the above terms with due care. Name of Organization Address of Organization Phone# Site Organizer, Print Position/ Title Site Organizer, Signature Date FOR SITE PARTICIPANTS: BY SIGNING BELOW, I AGREE THAT I have read and understand the City of Chula Vista’s “Community Garden Policy” and this Agreement (and attendant liability waiver); that I accept and agree to the terms in this Agreement, including the attendant liability waiver, and the City’s Community Garden Policy; and agree to carry out the above terms with due care: Name Signature Date Address Phone Email 2017-12-19 Agenda Packet Page 38 Community Garden Site User Agreement Page 9 Additional Terms: _______________________________________________________________________________ Utility Charges: __________________________________________________________________________________ Other provisions specific to this site: _________________________________________________________________ ATTACHMENTS: 1. Liability Waiver 2. Final City Community Garden Site Application and Site Plan Approved: __________________ Not Approved: ________________ Date: ________________ Signed by City of Chula Vista Staff: ___________________________________________ Printed Name: _________________________________ Title: ___________________________ Start of Agreement Date: ___________________________________ End of Agreement Date: ___________________________________ Date of First Site Visit by City Staff: _________________________________ GRAY AREAS FOR STAFF USE ONLY 2017-12-19 Agenda Packet Page 39 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY NO. 841-01 (COMMUNITY GARDENS POLICY), INCLUDING THE CONSIDERATION TO ALLOW COMMUNITY GARDENS ON ALL CITY OWNED LAND WHEREAS, jurisdictions are becoming increasingly aware that cities play a critical role in supporting the health and well-being of their communities; and WHEREAS, the Healthy Chula Vista Action Plan, adopted January 5, 2016, included strategies to increase local food production and encourage urban agriculture within the City of Chula Vista; and WHEREAS, in 2010, the City adopted Council Policy No. 841-01 to allow consideration of vacant city-owned lands for community garden use; and WHEREAS, since that time Staff has identified barriers and opportunities for community garden use on City owned vacant land, passive/non-programmed recreational park space, and other City property (e.g. public right of way); and WHEREAS, Staff strives to provide a transparent process to remove barriers to community garden opportunities within the community and provide equal access for all; and WHEREAS, after Staff review and public input of the City’s current Community Garden Policy, Staff has prepared amendments to the Community Garden Policy, a copy of which is also on file in the City Clerk’s Office, for City Council’s consideration. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it (1) approves amendments, in substantial form in Exhibit 1, to the Community Garden Policy (City Council Policy No. 841-01) to allow consideration of City owned vacant land, passive/non-programmed recreational park space, and other City property (e.g. public right of way) for community garden use and the associated application and user agreement, in the form substantially presented, and (2) the City Manager is further authorized to make such minor amendments or changes to the aforementioned documents as may be required or approved by the City Attorney’s Office. Presented by Approved as to form by Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney 2017-12-19 Agenda Packet Page 40 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: COMMUNITY GARDENS POLICY POLICY NUMBER EFFECTIVE DATE PAGE 841-01 2/23/10 1 OF 7 ADOPTED BY: Resolution No. 2010-043 DATED: 2/23/10 AMENDED BY: BACKGROUND The City of Chula Vista recognizes community gardens as a valuable recreation activity that can provide community members access to fresh, nutritious produce, and low-intensity physical activity. Community gardens can also foster environmental awareness, positive social interaction, and community education, all while bringing added food security to the community through the development of local food sources. The City has the ability to foster the creation of community gardens by permitting the establishment of such gardens on City owned lands, including the public right of way. PURPOSE This policy provides to the City Manager or their designee the authority and guidance to implement and approve the use of city-owned land, including city owned vacant land, passive/non-programmed recreational park space, and other City property (e.g. public right of way) at the City’s discretion to establish community gardens (collectively “City Community Garden Sites”). This policy further details the procedure and requirements for the establishment of community gardens on City Community Garden Sites. POLICY I. COMMUNITY GARDEN AND COMMUNITY PARTICIPATION The City may allow the placement and use of community gardens on city-owned vacant land, passive/non-programmed recreational park space, and other City property (e.g. public right of way) at the City’s sole discretion, as approved by the City Manager or designee. The City Manager or designee has sole and unfettered discretion as to whether or not to allow the creation of a community garden pursuant to this Policy. For the purposes of this policy, when approval is required by the “City,” it means approval by the City Manager or their designee, unless otherwise indicated. A community garden, if permitted by the City, must be organized and operated by a “Community Group,” which may include local civic associations, non-profit agencies, gardening clubs, homeowners associations, or even a group formed for the purpose of establishing a garden. The Community Group must have and be able to demonstrate, to the satisfaction of the City, the capacity to effectively administer and operate the proposed community garden. The Community Group must have the support of the community where the garden is proposed as detailed further below. Each Community Group may only operate one community garden unless otherwise approved by the City. 2017-12-19 Agenda Packet Page 41 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: COMMUNITY GARDENS POLICY POLICY NUMBER EFFECTIVE DATE PAGE 841-01 2/23/10 2 OF 7 ADOPTED BY: Resolution No. 2010-043 DATED: 2/23/10 AMENDED BY: Community gardens are to be utilized by the recognized Community Group to produce annual fruits, vegetables, and flowers for use of group members, the City of Chula Vista, other non-profit agencies or groups or any other public agency approved by the City. Individual gardeners may sell their produce off-site, but it is not intended that the use of a community garden on City property be solely for business and/or for-profit endeavors. A community garden should promote environmental education, healthy diets, and encourage the involvement of all citizens. Community gardens are a public resource, and as such, garden membership and participation must be equally open and accessible to all, in compliance with the Americans with Disabilities Act (ADA). The garden site plan prepared by the Community Group shall consider, but not be limited to, ADA compliance in terms of ingress/egress to, from, and within the garden site, the need for raised planter beds, access to water supplies, and communication needs. The Community Group shall also identify a person as a point of contact for ADA coordination and compliance. The Community Group shall be responsible for and bear any and all costs to ensure ADA compliance. In addition to any obligation under this policy, Community Groups and individual gardeners must abide by all federal laws, state laws, and/or City of Chula Vista Charter requirements, ordinances, resolutions, and/or policies. II. THE PROCESS FOR COMMUNITY GARDEN ESTABLISHMENT The following steps are required to request the establishment a community garden: 1. The Community Group must complete a City Community Garden Site Application (“Application”), as provided in substantial form as Attachment 1, to establish a community garden. The Application requires the following information: a. A description of the community group, including a point of contact; b. A description of the community group’s ability to effectively administer and operate a community garden; c. A proposed City Community Garden site to place the community garden. The City may assist the community group in locating a potential Community Garden Site; d. The signatures of immediately surrounding neighboring households or businesses to the proposed City Community Garden Site, as further specified in the Application. The amount of signatures required under this section may be increased by the City to ensure that there is community support for the community garden; and e. Any other information requested by the City. If more than one community group submits an application to establish a garden in the same area, garden approval will be awarded on a first-come, first-served basis to the group whose complete 2017-12-19 Agenda Packet Page 42 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: COMMUNITY GARDENS POLICY POLICY NUMBER EFFECTIVE DATE PAGE 841-01 2/23/10 3 OF 7 ADOPTED BY: Resolution No. 2010-043 DATED: 2/23/10 AMENDED BY: application is received first. The City, in its sole discretion and when possible, will assist the Community Group that did not prevail to locate alternate sites. 2. The application must include a community garden site plan that will include, but not be limited to, the layout and size of the plots, location of water sources and drainage, detailed plans for ADA compliance, and indicate any proposed structures or fences. The City must approve all community garden site plans. The site plan shall be subject to the following limitations: a. No structures or barriers to general public access can be erected, excepting fences as detailed below, raised/ accessible planting beds, shared composting facility as per IV.3.e below, plant supports, and trellises, public art, rain barrels and benches. Structures must be mobile, or will require specification in the user agreement that such structures will be disassembled and removed by the community group managing the site at the termination of the user agreement. b. Fences shall not exceed six (6) feet in height and should be constructed of wood, chain link, or ornamental metal. No fence shall be installed without review and approval by the City. c. ADA accessibility should be clearly shown on Garden Site Plan. d. Any other limitations imposed by the City. 3. The Application will be submitted to the City’s Development Services Department, which will act as the lead in garden establishment and determining appropriate department review and oversight. 4. The City will endeavor to accept or reject the Application within 30 days of submittal. The City has sole and unfettered discretion as to whether or not to accept or reject the creation of a community garden on City Community Garden Sites. 5. After a site is selected and site plans have been completed, the City will determine the applicability of CEQA for the site to ensure that environmental impacts of the gardens are addressed. The Community Group is responsible for any and all costs of CEQA compliance, specifically the City may require reimbursement of its expenditures in this regard. 6. The Community Group must agree to administer and operate the gardens according to a User Agreement, refer to Section IV. Community Garden Site User Agreement (“User Agreement”), which will extend a limited and revocable license for use of the city-owned vacant land to the community group. III. COMMUNITY GARDEN MAINTENANCE GUIDELINES 2017-12-19 Agenda Packet Page 43 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: COMMUNITY GARDENS POLICY POLICY NUMBER EFFECTIVE DATE PAGE 841-01 2/23/10 4 OF 7 ADOPTED BY: Resolution No. 2010-043 DATED: 2/23/10 AMENDED BY: All community gardens will be developed and maintained at no cost to the City of Chula Vista, have a minimal amount of impact on City of Chula Vista staff time and resources, and will be operated by volunteers from the community. The City, in its sole discretion, may assist the Community Group on a case-by-case basis. During the first season, the City of Chula Vista’s Public Works Department may assist the recognized group in the preparation of the garden site by the following: a. Removing grass b. Turning the soil c. Adding compost d. Adjusting irrigation systems. If the City elects not to assist in the above activities, the Community Group is responsible for the completion of such activities. The Community Group will be responsible for all garden activities including, but not limited to: a. Installation and maintenance of all community garden facilities; b. Maintain the garden’s cleanliness and tend to weeds, particularly from January to March, when weeds are prevalent; c. Compliance with the ADA; d. Paying utility costs such as water or electrical bills, if any; e. Collecting allotment charges from plot users; f. Keeping record of all revenues and expenses incurred by the community garden to be forwarded to City of Chula Vista Finance Department annually on or before April 15th; and g. Any other responsibility required or assigned by the City. IV. COMMUNITY GARDEN SITE USER AGREEMENT If a Community Group is allowed by the City to create a community garden on a Community Garden Site, the Community Group and individual gardeners must agree to adhere to a Community Garden Site User Agreement (“User Agreement”), as provided in substantial form in Attachment 2. The User Agreement is a limited and revocable license and does not create for the Community Group, individual gardener/participant, or any person or entity any form of property right or interest to the Community Garden Site, including, but not limited to, an easement, ownership interest, tenancy, adverse possession, or lease. Failure to abide by the terms of the User Agreement may result in termination of the User Agreement and community garden use. The City Manager or designee and the 2017-12-19 Agenda Packet Page 44 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: COMMUNITY GARDENS POLICY POLICY NUMBER EFFECTIVE DATE PAGE 841-01 2/23/10 5 OF 7 ADOPTED BY: Resolution No. 2010-043 DATED: 2/23/10 AMENDED BY: City Attorney or designee must approve the User Agreement. The City or the City Atto rney, in their sole and unfettered discretion, may require and include any and all terms it deems appropriate in a User Agreement. The User Agreement must include, at a minimum, the following terms: 1. GENERAL TERMS: a. The term of the agreement will be for a period of no more than five years. However, the City, in its sole discretion, may extend or decrease the period of the term. If a change in the term is made, the City will provide written notice at least 30 days before the term ends. The Community Group must agree to continuously use the Community Garden Site for the Community Garden and that the City may enter the site at any time, with or without notice, to ensure compliance with the User Agreement. b. Acknowledgement and agreement that the User Agreement is a limited and revocable license and does not create for the Community Group, individual gardener/participant, or any person or entity any form of property right or interest to the City Community Garden Site, including, but not limited to, an easement, ownership interest, tenancy, adverse possession, or lease. c. The City may require insurance and indemnification from the Community Group. If so, the requirement shall be under terms required by City Risk Management and/or the City Attorney’s Office. d. The requirement that all participants sign liability waivers under terms specified by the City Attorney’s office. e. Terms specifying the right of the City to terminate the User Agreement at any time and for any reason. The City may, when possible, give thirty (30) days written notice of its decision to end the User Agreement. The written notice need not provide a reason for the terminating the User Agreement. It shall simply provide the date by which community garden activities must cease and the garden site must be returned to its preexisting condition. f. Terms stating that the City will not be liable or responsible for damages or claims of any type by or from any person or entity, including and not limited to, damages or claims resulting from participation in the community garden or terminating User Agreement. 2. COMMUNITY GROUP AND PARTICIPANT TERMS: a. The Community Group shall provide that allotments of space must be made from a waiting list on a first come, first serve basis. 2017-12-19 Agenda Packet Page 45 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: COMMUNITY GARDENS POLICY POLICY NUMBER EFFECTIVE DATE PAGE 841-01 2/23/10 6 OF 7 ADOPTED BY: Resolution No. 2010-043 DATED: 2/23/10 AMENDED BY: b. Membership in the recognized Community Group, and the opportunity to be allotted a plot, must be open to any resident of the community. c. The Community Group may share costs to operate the community garden among its participants. To this end, the Community Group may require participants to pay a portion of the cost to operate the community garden, hereinafter “Allotment Charges.” Allotment Charges may cover the yearly watering, maintenance, and site improvement costs, unless otherwise determined by City of Chula Vista. Allotment Charges charged to gardeners shall not exceed the amount necessary to cover the normal operating costs of the garden. Records of Allotment Charges to gardeners and expenses will be kept and forwarded to the City of Chula Vista Finance Department to ensure correct use of monies at the same time as records of revenues and expenses. Allotment Charges must be approved in advance of invoicing by the City, at a time frame determined by the City. The City may require that the Allotment Charges charged to gardeners be reduced or eliminated. Allotment Charges may not include any salary or similar compensation to any person acting in a position of or similar to a manager for the operation or management of the community garden – all persons participating in the community garden shall be volunteers. The community garden shall be a non-profit endeavor. d. In addition to any obligation under this policy, Community Groups and individual gardeners must agree to abide by all federal laws, state laws, and local ordinances, resolutions, or polices. 3. CITY COMMUNITY GARDEN SITE TERMS: a. A description of the pre-existing conditions of the approved garden site, the requirement that at the end of the User Agreement that the garden site be returned to its original condition (to the satisfaction of the City), and the requirement for payment of damages if the site is not returned to its original condition b. Hours of operation will be from 7:00 a.m. until sunset. The City, in its sole discretion, may increase or reduce the hours of operation. c. Language stating that members will only be able to sell the produce of their community garden plots off-site. d. Only organic cultivation is to be allowed on community garden sites. No pesticides or chemical fertilizers are to be used. e. Each garden will be required to have a shared composting area, which will avoid a build up of 2017-12-19 Agenda Packet Page 46 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: COMMUNITY GARDENS POLICY POLICY NUMBER EFFECTIVE DATE PAGE 841-01 2/23/10 7 OF 7 ADOPTED BY: Resolution No. 2010-043 DATED: 2/23/10 AMENDED BY: waste and to enhance soil fertility in future seasons. f. The recognized Community Group and individual gardeners must adhere to maintenance standards set forth by City of Chula Vista. V. ADDITIONAL ITEMS As progress is made on the creation of community gardens on city-owned vacant lands, the City may explore expanding Community Gardens to other locations. The City Manager, in his or her discretion, may develop and require additional terms and/or conditions not provided for in this policy to ensure the effective implementation of this policy for the City of Chula Vista. ATTACHMENTS 1. City Community Garden Site Application 2. Community Garden Site User Agreement 2017-12-19 Agenda Packet Page 47 276 Fourth Ave | Chula Vista | California 91910 | (619) 691 -5101 D e v e l o p m e n t S e r v i c e s D e p a r t m e n t Plannin g Divisio n Developmen t Processin g CITY COMMUNITY GARDEN SITE APPLICATION This application is for the proposal of a Community Garden on City owned land per the guidelines stated in Council Policy 841-01. Applicant: The following information shall be provided for City review and approval prior to issuance of a City Community Garden Site User Agreement. This Application must be accompanied by an initial community garden site plan that includes, at a minimum: the layout and size of the plots, location of water sources and drainage, detailed plans for ADA complian ce, and indicate any proposed structures or fences. Please Complete all applicable non-shaded areas. 1. Community Garden Site Organizer (APPLICANT CONTACT INFORMATION) Applicant Contact Name Street Address of Applicant City State Zip Code Phone # Email 2. Community Garden Organization (GROUP DESCRIPTION) Group Name Please provide a description of the community group and a description of the community group’s ability to effectively administ er and operate a community garden [e.g., your experience in community gardening and financial capability to maintain garden]. 3. Community Garden Site (PROPOSED COMMUNITY GARDEN SITE) Street Address of Site Zip Code Description of Proposed Location Plot Size in Acres 2017-12-19 Agenda Packet Page 48 CITY COMMUNITY GARDEN SITE APPLICATION Page 2 of 3 276 Fourth Ave nue | Chula Vista | California 91910 | (619) 691 -5101 4. NEIGHBOR AWARENESS SIGNATURES You must obtain the signatures of adjacent neighbors (owners, not tenants) showing that they have been made aware of the application. Neighbors included should be those immediately to the right and left of the property and three neighbors in front and beh ind the proposed site. When obtaining Neighbor Awareness signatures, you should allow them to review this application and associated site plan prior to signature. The City reserves the right to request additional signatures after initial review. * Note: Garden approval will be awarded on a first-come, first-served basis. Proposed Community Garden Site Street Address: _______________________________ Owner Name: _______________________________ _______________________________ Signature Date: ____/____/_____ Street Address: _______________________________ Owner Name: _______________________________ _______________________________ Signature Date: ____/____/_____ Street Address: _______________________________ Owner Name: _______________________________ _______________________________ Signature Date: ____/____/_____ Street Address: _______________________________ Owner Name: _______________________________ _______________________________ Signature Date: ____/____/_____ Street Address: _______________________________ Owner Name: _______________________________ _______________________________ Signature Date: ____/____/_____ Street Address: _______________________________ Owner Name: _______________________________ _______________________________ Signature Date: ____/____/_____ Street Address: _______________________________ Owner Name: _______________________________ _______________________________ Signature Date: ____/____/_____ Street Address: _______________________________ Owner Name: _______________________________ _______________________________ Signature Date: ____/____/_____ 2017-12-19 Agenda Packet Page 49 CITY COMMUNITY GARDEN SITE APPLICATION Page 3 of 3 276 Fourth Ave nue | Chula Vista | California 91910 | (619) 691 -5101 5. AMERICANS WITH DISABILITIES ACT (“ADA”) COMPLIANCE You are required to have a designated a point of contact for ADA coordination and compliance. ADA Contact Name Street Address of Applicant City State Zip Code Phone # Email 6. ADDITIONAL INFORMATION Do you plan on selling the produce you harvest from this garden at/to an off-site location? □ Y □ N (If yes, a business license and other applicable County approvals may be required.) How many users do you anticipate gardening in the Community Garden? ______ What is the proposed water source? _______________________________________________________________ Do you anticipate any small and temporary structures? Describe: ______________________________________________________________________________________________ ______________________________________________________________________________________________ 7. AUTHORIZATION Community Groups and individual gardeners must abide by all federal laws, state laws, and/or City of Chula Vista Charter requirements, ordinances, resolutions, and/or policies. By signing below you are indicating the identified community group would be prepared to enter into a Community Garden Site User Agreement, including a waiver by each participant and meet all requirements of a User Group including those identified in Council Policy 841-01. Print Applicant Name Applicant Signature Date GARDEN SITE PLAN CHECKLIST □ Community Garden Site Plan that includes: □ Plot layout □ Plot size □ Location of water sources □ Drainage □ ADA Compliance & Accessibility □ Vicinity map □ North Arrow □ Proposed (nonpermanent/removable) structures □ Bar Scale □ Proposed fences (i.e., wood, chain-link, or ornamental metal) GRAY AREAS FOR STAFF USE ONLY 2017-12-19 Agenda Packet Page 50 D e v e l o p m e n t S e r v i c e s D e p a r t m e n t Plannin g Divisio n Developmen t Processin g Community Garden Site User Agreement PURPOSE: The City allows community gardens (via a license agreement) on its property pursuant to its Community Garden Policy. To participate in a community garden authorized by the Community Garden Policy, this Community Garden Site User Agreement and individual Participation/Use Community Garden Waiver must be executed. DEFINITIONS: • A “Community Garden” is defined as a single piece of land gardened collectively by way of designated plots. Each plot is cared for by an individual or shared by a group of people; to grow vegetables, fruits, and flowers for personal use and/or for donation, with one individual designated as the “Farmer of Record.” • “Community Garden Organization” means a group formed for the purpose of : (1) requesting to use City owned property to engage in community gardening; and (2), if approved by the City, to use an approved City site for community gardening, led by a Community Garden Site Organizer and having Community Garden Site Participants engage in gardening activities. • “Community Garden Site Organizer” or “Site Organizer” means that person who is the point contact for the community group wishing to use City property for community gardening and who is responsible for operating the community garden as a whole and ensuring compliance with this Agreement, City Community Gardens Policy, and any other term or condition required by the City. • “Community Garden Site Participant” or “Site Participant” means the person(s) who is actively engaged in gardening activities on a plot under the leadership and direction of the City and Community Garden Site Organizer. • “Farmer of Record” means the Community Garden Site Participant responsible for the plot they are assigned. LICENSE AGREEMENT This Licensing Agreement (“Agreement” of “License Agreement”) is entered into effective as of ____________ (“Effective Date”) by and between the City of Chula Vista (“City”) and the below listed Site Organizer and Site Participants (collectively, the “Parties” or “Community Garden Site Organization” and, individually, a “Party”) and for valuable and sufficient consideration, agree to the following: 1. Site Organizer and Site Participant(s) acknowledge and agree that this Agreement is a license agreement which solely authorizes Site Organizer and Site Participant(s) to enter upon City owned property to engage in community garden activities under the terms set forth herein , the City’s Community Garden Policy, which is hereby incorporated by reference into this Agreement, and any other term or condition required by the City. 2017-12-19 Agenda Packet Page 51 Community Garden Site User Agreement Page 2 Site Organizer and Site Participant(s) further acknowledge and agree that this License Agreement (or any other document(s)) does not create for the Community Garden Organization, Site Organizer, Site Participants, or any other entity or person(s), any form of property interest in the City owned property which is being used for community gardening, including, but not limited to lease or easement interest or right. 2. Site Organizer, agrees, to the maximum extent allowed by law, Site Organizer shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and again st any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of o r incident to any alleged acts, omissions, negligence, or willful misconduct of Site Organizer, Site Participant, or Community Garden Organization participating in the Community Garden (however formed), including its officials, officers, employees, agents, and volunteers, arising out of or in connection with the participating in community garden activities (including gardening), or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the City, including its Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, including its Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Site Organizer, Site Participant, or Community Garden Organization participating in the community garden (however formed), including its employees, agents or officers, volunteers, or any third party. This paragraph shall continue remain in effect even after the expiration of the term or termination of this Agreement. The City may require insurance in support of this paragraph, in which case the City shall provide notice of its insurance requirements. 3. Site Organizer agrees to the terms of the attached Participation/Use of Community Garden Waiver and shall execute said waiver prior to engaging in any gardening activities. (See Attachment 1.) Site Organizer shall also ensure that all site Participants and their minor child or children have fully executed the aforementioned waiver. 4. Site Participant(s) agrees to the terms of the attached Participation/Use of Community Garden Waiver and shall execute said waiver prior to engaging in any gardening activities. (See Attachment 1.) Site Participant(s) shall also ensure that their minor child or children have fully executed the aforementioned waiver prior to engaging in any gardening activities. 5. Site Organizer and Site Participant agree that they (jointly and severally) will operate the community garden under the terms of this agreement, including the below gardening terms (“Gardening Terms”), the City’s Community Garden Policy, and another terms or conditions required by the City. The Gardening Terms are as follows: A. Term: The initial term of this Agreement shall be five years, beginning the effective date. The Agreement may be renewed for additional terms at the discretion of the City. 2017-12-19 Agenda Packet Page 52 Community Garden Site User Agreement Page 3 B. Point of Contact. Site Organizer shall be the point of contact for the community garden and attendant Community Garden Organization. The Site Organizer’s duties shall include, but not be limited to, the following: (1) ensure ADA compliance and shall notify of the City of any ADA issues; (2) gather and maintain financial records as required by the City regarding operation of the community garden; (3) provide City communications and notices to Site Participants; (4) keep their contact information current; (5) ensure Site Participants abide by this Agreement (including signed waiver), City Community Garden Policy, and other term or condition required by the City (collectively “Community Garden Documents”); (6) promptly report any violations of the Community Garden Documents to designated City staff; (7) ensure that the Participation/Use Community Garden Waiver is fully executed and only those that have executed said waivers participate in gardening activities; and (8 maintain a current list of Site Participants and shall provide said list to the City-including, reporting any changes within one (1) business day of any changes. C. City Cooperation: Site Organizer and Site Participants shall cooperate and work with the City to ensure good relationships and a successful operation of the Community Garden. D. Plots: The Community Garden shall consist of the City approved garden site plan and gardening activities shall only take place on said approved garden site. Plots will be assigned to an individual or a group by the Site Organizer. Each plot can be shared by as many people as desired, with one person being designated as the plot’s Farmer of Record. E. Farmer of Record. If Site Participant is designated as the Farmer of Record, they shall be the point of contact for the Plot. The Farmer of Record’s duties shall include, but not be limited to, the following: (1) provide City communications and notices to Site Participants which are sharing the plot with the Farmer of Record; (2) keep their contact information current; (3) ensure Site Participants abide this Agreement (including signed participation waiver), and the City’s Community Garden Policy (collectively “Community Garden Documents”); and (4) promptly report any violations of Community Garden Documents to the Site Organizer and designated City staff. F. Minor Children: Site Organizer and Site Participants may seek to have their minor child (or children) participate in gardening activities with them. To do so, the Site Organizer and Site Participants must include them in their Participation/Use of Community Garden Waiver. Site Organizer and Site Participant 2017-12-19 Agenda Packet Page 53 Community Garden Site User Agreement Page 4 are responsible for supervising their own minor child (or children) at all times while at the community garden and while participating in gardening activities. G. Limits of Agricultural Use: The garden area shall be limited to growth of vegetables, fruits, and flowers, in compliance with all policies and ordinances of the City. Planting of trees will be allowed only in containers. The community garden shall not be used for any type of livestock or poultry nor shall marijuana of any type be grown, harvested, stored, or collected at a community garden. H. Chemicals: The use of insecticides, herbicides and synthetic fertilizers is strictly prohibited. Only natural organic methods and products shall be used for the treatment of nuisances and to provide plant and soil nutrition. The Qualifying Entity is encouraged to reference the Environmental Protection Agency’s National Organic Program. Therefore, only ‘Organic Gardening’ is allowed to be practiced here. No herbicides or pesticides may be used, except for organic-based materials, such as iron phosphate for snail and slug bait. I. Sale of Products: Sale of products on-site is prohibited; products grown are for personal use, for sale off- site, or for donation by members of the garden. J. Means of Planting: Raised Beds with suitable commercial grade fabric barrier lying at the base and lower sides, to prevent disturbance of native soils and to protect new soils from contaminants. New soil should be brought to the site that is suitable for planting edible vegetation. No tilling of existing ground is allowed. K. Water Source: Potable water may be available on or in close proximity to the site. If available, potable water shall be used. If the City provides water, the City may charge for such water via a separa te agreement. However, if water is not available nearby or from the City, Site Participant shall be required to provide water. L. Maintenance: The Site Organizer and Site Participants shall, jointly and severally, be responsible for all garden activities including maintenance and upkeep of garden grounds. M. Utilities: The Site Organizer shall be responsible for payment of water & electric charges if applicable, as agreed upon by the City. N. Allotment Fees: Site Organizer shall be responsible for collection of all fees, if any, associated with individual plots. 2017-12-19 Agenda Packet Page 54 Community Garden Site User Agreement Page 5 O. Mechanical Equipment: Mechanical equipment is limited to residential grade, restricted to use between operational hours of the community garden, and must adhere to the Chula Vista Code of Ordinances, regarding noise control. Equipment may be stored on -site at the risk of its owners. The City will not be liable for loss, theft, or any type of damage incurred to equipment left or used on site. P. Trash: No trash or debris shall be left on site at any time. Q. Accessory structures: Accessory structures are permitted (e.g., storage sheds) in so much as they are removable and not permanent. Accessory structures shall be subject to City approval. R. Composting: A composting area is required on the Community Garden Site. The composting area shall be indicated on the site plan and comply with Chula Vista Municipal Code section 8.25.090. Composting materials are generated from the site only, and outside materials will not be brought in , unless approved by the City. S. Fencing: Fences shall not exceed six (6) feet in height and should be constructed of wood, chain link, or ornamental metal. No fence shall be installed without review and approval by the City. Fencing is meant to provide a visual delineation of the garden lot from the right-of-way and is not intended to provide security. T. Signage: A decorative sign, meeting Chula Municipal Code Section 19.60, and no larger than 18”h x 24”w may be hung at the front of the garden to display the name of the garden and associat ed entity. A laminated document 8.5” x 11” showing the Qualifying entity’s contact information, including the primary and alternate contacts, along with the rules and guidelines for the garden will be posted within the garden boundaries, at a readable height. U. Boundaries: Garden areas shall not encroach onto adjacent properties. The cultivated areas will meet the required setback(s) for the zoning district in which the garden is located. V. Maintenance: The property shall be maintained free of high grass and weeds in accordance with City regulations. Dead garden plants shall be removed regularly. Rotting fruits and vegetables shall be collected from garden areas and properly disposed of offsite or in compost area. The Site Organizer and Site Participants, shall jointly and severally, be responsible for vermin and similar pest control. W. Miscellaneous Improvements: Benches and trellises and will be permitted on site as miscellaneous improvements. Decorative ornamentation will be restricted to placement within an individual’s plot. 2017-12-19 Agenda Packet Page 55 Community Garden Site User Agreement Page 6 Items within the garden will be limited in height and will not block clear site lines into the garden from the right-of-way(s). X. Operating Hours: Hours of operation will be from 7:00 a.m. until sunset. The City, in its discretion, may increase or reduce the hours of operation. Y. Insurance/ Waivers: The City may require insurance and indemnification from the Community Garden Organization. If so, the requirement shall be under terms required by City Risk Management and/or the City Attorney’s Office. Z. Lighting: No overhead lighting shall be permitted on site. AA. Parking: No parking will be permitted on the site. BB. Existing Trees: Removing or cutting of existing trees is strictly prohibited, unless otherwise approved by the City of Chula Vista. Trees may only be planted in containers and shall not become permanent fixtures on the City owned property. CC. Fundraising: Qualifying entities are free to undertake fundraising activities in order to build community support and resources to defray costs associated with operating a community garden. However, any fundraising activities involving use of the actual property must be pre -approved by the City of Chula Vista. DD. Access: The City of Chula Vista shall have 24 hour access to the property, with or without notice. EE. Records: Records of fees collected and expenditures related to the garden shall be maintained in a centralized location and available at the City’s request. FF. Exceptions: Any use condition for a Community Garden may be modified by Special Exception upon approval by the City. GG. Termination of Agreement: The City may terminate this agreement at any time and with or without notice. However, the City may, when possible, give thirty (30) days written notice of its decision to end this Agreement. The written notice need not provide a reason for the terminating this Agreement, but shall simply provide the date by which community garden activities must cease and the garden site must be returned to its preexisting condition. HH. Other Provisions Specific to this Site: Individual lots may have conditions not addressed in this policy. If deemed necessary, an attachment will be included as part of this Agreement, listing other provision(s) specific to the site and will be considered part of this Agreement. 2017-12-19 Agenda Packet Page 56 Community Garden Site User Agreement Page 7 II. Changes to this Agreement: The City May alter or modify any term of this Agreement, in its sole and unfettered discretion, at any time. (Signature Page to follow.) 2017-12-19 Agenda Packet Page 57 Community Garden Site User Agreement Page 8 SIGNATURE PAGE FOR SITE ORGANIZER: BY SIGNING BELOW, I AGREE THAT I have read and understand the City of Chula Vista’s “Community Garden Policy” and this Agreement (and attendant liability waiver); that I accept and agree to the terms in this Agreement (and attendant liability waiver) and the City’s Community Garden Policy; and agree to carry out the above terms with due care. Name of Organization Address of Organization Phone# Site Organizer, Print Position/ Title Site Organizer, Signature Date FOR SITE PARTICIPANTS: BY SIGNING BELOW, I AGREE THAT I have read and understand the City of Chula Vista’s “Community Garden Policy” and this Agreement (and attendant liability waiver); that I accept and agree to the terms in this Agreement, including the attendant liability waiver, and the City’s Community Garden Policy; and agree to carry out the above terms with due care: Name Signature Date Address Phone Email 2017-12-19 Agenda Packet Page 58 Community Garden Site User Agreement Page 9 Additional Terms: _______________________________________________________________________________ Utility Charges: __________________________________________________________________________________ Other provisions specific to this site: _________________________________________________________________ ATTACHMENTS: 1. Liability Waiver 2. Final City Community Garden Site Application and Site Plan Approved: __________________ Not Approved: ________________ Date: ________________ Signed by City of Chula Vista Staff: ___________________________________________ Printed Name: _________________________________ Title: ___________________________ Start of Agreement Date: ___________________________________ End of Agreement Date: ___________________________________ Date of First Site Visit by City Staff: _________________________________ GRAY AREAS FOR STAFF USE ONLY 2017-12-19 Agenda Packet Page 59 City of Chula Vista Staff Report File#:17-0492, Item#: 3. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 8.22 OF THE CHULA VISTA MUNICIPAL CODE TO EXPAND SMOKING PROHIBITIONS (FIRST READING) RECOMMENDED ACTION Council place the ordinance on first reading. SUMMARY Since 1975, the City of Chula Vista has recognized the dangers of smoking through the adoption of various policies, including Chula Vista Municipal Code (CVMC) Chapter 8.22, Regulations of Smoking in Public Places and Places of Employment. Tonight’s action will streamline such policies through amendments to CVMC 8.22 that add e-cigarettes to the definition of “smoking”, prohibit smoking on any portion of City owned property (inclusive of all parks, libraries, City buildings and associated parking lots), and restrict smoking to designated areas in affordable housing projects. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Determination The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. BOARD/COMMISSION RECOMMENDATION On December 12 th and 13 th, respectively, the Housing Advisory Commission (4-0) and Healthy Chula Vista Advisory Commission (5-0) provided advisory recommendations that Council approve the proposed amendments to Chula Vista Municipal Code Chapter 8.22. DISCUSSION On January 5, 2016, the first Healthy Chula Vista Action Plan was adopted, providing a set of strategies to review, create, and evaluate policies and programs within the City and to develop community partnerships to promote wellness within our community. A key component of the plan included measures to prevent chronic diseases within our community. Since 1964 the United States Surgeon General has recognized tobacco use as a public health concern. Many federal, state, and local laws have been established over the past fifty years to limit contact with second hand smoke from tobacco products and to provide cessation programs for smokers to reduce risk of chronic diseases associated with smoking. Specifically, in Chula Vista the City of Chula Vista Printed on 12/14/2017Page 1 of 3 powered by Legistar™2017-12-19 Agenda Packet Page 60 File#:17-0492, Item#: 3. smokers to reduce risk of chronic diseases associated with smoking. Specifically, in Chula Vista the following policies have been adopted over the years: ·Council Policy No. 840-01 (Ord. 1642 § 1, 1975) Prohibits smoking in confined areas used by or open to the public (e.g. city operated buildings, public meeting areas, theatres, etc.). ·Council Policy No. 840-02 (Reso. 13801, 1988) Excludes apparatus floor in all fire stations from enclosed smoking prohibition in Council Policy 840-01. ·CVMC 8.22 (Ord. 3409 § 1, 2017; Ord. 3058 § 1, 2007; Ord. 3046 § 1, 2006; Ord. 3045 § 1, 2006; Ord. 3044 § 1, 2006; Ord. 3043 § 1, 2006; Ord. 3035, 2006; Ord. 2086 § 1, 19 84; Ord. 1642 § 1, 1975) Prohibits and/or regulates smoking in public places, in or within 50 feet of any restaurant entrance, places of employment and within city parks. ·Department policies:Public Works Department (2004) - prohibits smoking in city vehicles;Police Department (2017) - establishes limitations while on-duty or in vehicles and includes e-cigarettes; and Library (2017) - prohibits smoking within 20 feet of all Library facility entrances and operable windows. ·Environmental Tobacco Smoke Control Directive (2017) Prohibits smoking within 25 feet of all building entrances and operable windows of Buildings A, B and C on City Hall campus. Cancer, respiratory issues and heart disease associated with tobacco use are among the leading preventable causes of death in the U.S. (more than 480,000 deaths per year). Diseases associated with tobacco use are top drivers of workplace productivity impairment. Secondhand smoke is estimated to cause an additional 50,000 deaths in the U.S. and exposure can increase risk of coronary heart disease and stroke by 20% to 30%. According to research, every smoker (or tobacco user) adds $5,816 in additional (indirect and direct) medical costs to employers. It is estimated that 5 -10% of the City’s workforce currently smokes and under all City insurance plans smoking cessation programs are offered at no cost. In keeping with the Healthy Community goal of the Strategic Plan, Staff is bringing forward amendments to the City’s existing policies to limit “smoking” within City owned properties and affordable housing developments. Tonight’s action will amend CVMC Chapter 8.22 to add e- cigarettes, including devices used for vaping, to the definition of “smoking,” prohibit smoking on any portion of City owned property (inclusive of all parks, libraries, City buildings, and associated parking lots), and restrict smoking to designated areas in Affordable Housing Projects to align with U.S. Department of Housing and Urban Development guidelines. This strategy was identified in the adopted Healthy Chula Vista Action Plan under the focus area of Health Care & Prevention. Other cities in the region such as Coronado, Del Mar, El Cajon and Oceanside have banned smoking in public places, including sidewalks and other right of way. While Staff is not proposing a ban on all City public right of way at this time, this step towards creating healthier places in our community demonstrates the City’s commitment to being a leader in health City of Chula Vista Printed on 12/14/2017Page 2 of 3 powered by Legistar™2017-12-19 Agenda Packet Page 61 File#:17-0492, Item#: 3. policy and provides a streamlined message to all employees. Staff anticipates returning to City Council after the ordinance is in effect, with the updated Human Resource Policy that will streamline language for all City employees regarding the prohibition of smoking on City facilities and provide additional guidance to specific departments as needed, as well as repealing all previous smoking related policies. This approach will ensure that all employees are aware of smoking policies from their first day of employment and provide a cohesive message about the dangers of smoking throughout Chula Vista. The City will comply with its meet and confer obligations, as required by the Meyers-Milias Brown Act (“MMBA”), as it proceeds in this process. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This item supports Section 3.1.1 - Implement policies and programs that support a healthy community, by providing healthier options. CURRENT YEAR FISCAL IMPACT Staff costs associated with the preparation of this staff report and for the Smoking Ordinance amendments are offset by grant funds through the Centers for Disease Control’s Racial and Ethnic Approaches to Community Health (REACH Chula Vista). Costs associated with signage will be offset by budgeted funding through the Office of Sustainability. ONGOING FISCAL IMPACT None. ATTACHMENTS 1. Proposed CVMC 8.22 Amendments Staff Contact:Stacey Kurz, Development Services Department City of Chula Vista Printed on 12/14/2017Page 3 of 3 powered by Legistar™2017-12-19 Agenda Packet Page 62 Attachment 1 Chula Vista Municipal Code Chapter 8.22 REGULATION OF SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT Page 1/3 The Chula Vista Municipal Code is current through Ordinance 3411, passed September 26, 2017. Chapter 8.22 REGULATION OF SMOKING IN PUBLIC PLACES, AFFORDABLE HOUSING PROJECTS AND PLACES OF EMPLOYMENT Sections: 8.22.010 Purpose. 8.22.020 Definitions. 8.22.030 Prohibitions. 8.22.040 Designation of smoking areas. 8.22.050 Posting of signs. 8.22.060 Governmental agency cooperation. 8.22.070 Exceptions. 8.22.080 Enforcement and appeal. 8.22.090 Violations and penalties. 8.22.100 Education for no-smoking program. 8.22.110 Severability. 8.22.010 Purpose. Because smoking of tobacco, or any other weed or plant, is a danger to health and a cause of material annoyance, inconvenience, discomfort, and a health hazard, and in order to serve public health, safety and welfare, the declared purpose of this chapter is to prohibit the smoking of tobacco, or any weed or plant, in Public Places, Affordable Housing Projects and Places of Employment, except in designated smoking areas. (Ord. 2086 § 1, 1984; Ord. 1642 § 1, 1975). 8.22.020 Definitions. “Smoke” or “Smoking” means and includes the carrying or use of a lighted pipe, or lighted cigar, or lighted cigarette or e-cigarette of any kind, including any device used for vaping, or the lighting of a pipe, cigar or cigarette of any kind. “Public Place” means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, retail stores, retail service establishments, retail food production and marketing establishments, restaurants, theaters, waiting rooms, reception areas, educational facilities, health facilities and public transportation facilities. A private residence is not a “public place.” “Place of Employment” means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, conference rooms, and employee cafeterias. A private residence is not a “place of employment.” (Ord. 2086 § 1, 1984; Ord. 1642 § 1, 1975). “Affordable Housing Project” means a housing complex which is subject to income and rent restrictions recorded against the property to the benefit of the City of Chula Vista and/or the Chula Vista Housing Authority. 8.22.030 Prohibitions. A. No person shall Smoke in a Public Place or Place of Employment, except in designated smoking areas. B. No person shall Smoke in the dining area of any restaurant or establishment where people eat, including outdoor patios, outdoor bars that serve food, or any covered eating area. C. No person shall Smoke within 50 feet of any entrance to any restaurant or establishment where people eat. D. No person shall Smoke on any portion of City owned property inclusive of all parks, libraries, City buildings, and associated parking lots. . (Ord. 3409 § 1, 2017; Ord. 3058 § 1, 2007; Ord. 3046 § 1, 2006; Ord. 3045 § 1, 2006; Ord. 3044 § 1, 2006; Ord. 3043 § 1, 2006; Ord. 3035, 2006; Ord. 2086 § 1, 1984). 2017-12-19 Agenda Packet Page 63 Attachment 1 Chula Vista Municipal Code Chapter 8.22 REGULATION OF SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT Page 2/3 The Chula Vista Municipal Code is current through Ordinance 3411, passed September 26, 2017. E. No person shall Smoke within an Affordable Housing Project, except in designated smoking areas as defined in Section 8.22.040.B. 8.22.040 Designation of smoking areas. A. Smoking areas may be designated in public places and places of employment by proprietors or other persons in charge, except in retail stores, retail service establishments, food markets, public conveyances, theaters, auditoriums, public assembly rooms, meeting rooms, rest rooms, elevators, pharmacies, libraries, museums or galleries which are open to the public or any other place where Smoking is prohibited by the Fire Marshal or by other law, ordinance or regulation. Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in adjacent nonsmoking areas. It shall be the responsibility of employers to provide Smoke-free areas for nonsmokers within existing facilities to the maximum extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing these areas. An employer who in good faith develops and promulgates a policy regarding Smoking and nonsmoking in the workplace shall be deemed to be in compliance with this section; provided, that a policy, which designates an entire workplace as a Smoking area, shall not be deemed a good faith policy. No public place other than the ones enumerated in CVMC 8.22.070 shall be designated as a smoking area in its entirety. B. Outdoor smoking areas may be designated within an Affordable Housing Project as long as they are not within 25 feet of any window, door, or common area amenities. C. Notwithstanding any other provision of this chapter, any facility or area may be designated in its entirety as a no-smoking area by the owner or manager thereof. (Ord. 3058 § 1, 2007; Ord. 2086 § 1, 1984). 8.22.050 Posting of signs. Signs which designate smoking or no-smoking areas established by this chapter shall be clearly, sufficiently, and conspicuously posted in every room, building, or other place so covered by this chapter. No-smoking signs shall be specifically placed in retail food production and marketing establishments, including grocery stores and supermarkets open to the public, so that they are clearly visible to persons upon entering the store, clearly visible to persons in checkout lines, and clearly visible to persons at meat and produce counters. The manner of such posting, including the wording, size, color, design, and place of posting, whether on the walls, doors, tables, counters, stands or elsewhere, shall be at the discretion of the owner, operator, manager, or other person having control of such room, building or other place, so long as clarity, sufficiency, and conspicuousness are apparent in communicating the intent of this chapter. (Ord. 2086 § 1, 1984). 8.22.060 Governmental agency cooperation. The City Manager shall annually request that governmental and educational agencies who conduct their specific business within the City of Chula Vista establish local operating procedures to cooperate and comply with this chapter. In federal, State, county and special school districts within the City of Chula Vista, the City Manager shall urge enforcement of their existing no-smoking prohibitions and request cooperation with this chapter. (Ord. 3058 § 1, 2007; Ord. 2086 § 1, 1984; Ord. 1642 § 1, 1975). 8.22.070 Exceptions. A. No-smoking areas are not required in individual private offices, hotel and motel meeting and assembly rooms rented to guests, areas and rooms while in use for private social functions, psychiatric facilities, jails, stores that deal exclusively in tobacco products and accessories, and smoking lounges as that term is defined in Government Code Section 7596. B. Any owner or manager of a business or other establishment subject to this chapter may apply to the City Council for an exemption or modification of the provisions of this chapter due to unique or unusual circumstances or conditions. (Ord. 3058 § 1, 2007; Ord. 2086 § 1, 1984; Ord. 1642 § 1, 1975). 2017-12-19 Agenda Packet Page 64 Attachment 1 Chula Vista Municipal Code Chapter 8.22 REGULATION OF SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT Page 3/3 The Chula Vista Municipal Code is current through Ordinance 3411, passed September 26, 2017. 8.22.080 Enforcement and appeal. A. The City Manager shall be responsible for compliance with this chapter when facilities which are owned, operated or leased by the City of Chula Vista are involved, including designating smoking areas, if any, when the City is the public employer. The City Manager shall provide business license applicants with copies of this chapter. B. The owner, operator or manager of any facility, business or agency shall post or cause to be posted all “No Smoking” signs required by this chapter. Owners, operators, managers or employees of covered entities shall be required to orally inform persons violating this chapter of the provisions of the chapter. The duty to inform such violator shall arise when such owner, operator, manager or employee becomes aware of the violation. C. It shall be the responsibility of employers to disseminate information covering the provisions of this chapter to employees. (Ord. 3058 § 1, 2007; Ord. 2086 § 1, 1984; Ord. 1642 § 1, 1975). 8.22.090 Violations and penalties. Any person who violates any provision of this chapter by smoking in a posted “No Smoking” area, or by failing to post or cause to be posted a “No Smoking” sign required by this chapter, or by a knowing failure to inform any person who violates the provisions of this chapter, when such duty to inform arises, as set forth in CVMC 8.22.080(B), is guilty of an infraction. (Ord. 3058 § 1, 2007; Ord. 2086 § 1, 1984; Ord. 1642 § 1, 1975). 8.22.100 Education for no-smoking program. The City Manager shall engage in a continuing program to inform and clarify the purposes of this chapter to citizens affected by it, and to guide owners, operators and managers in their compliance. The City shall leave the responsibility of conducting a public education campaign, regarding the health-degrading aspects of smoking, to other governmental and health agencies equipped with the needed expertise to conduct such campaign. (Ord. 3058 § 1, 2007; Ord. 1642 § 1, 1975). 8.22.110 Severability. If any provision, clause, sentence or paragraph of this chapter, or the application of this chapter to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are hereby declared to be severable. (Ord. 3058 § 1, 2007; Ord. 2086 § 1, 1984; Ord. 1642 § 1, 1975). 2017-12-19 Agenda Packet Page 65 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@A80C607F\@BCL@A80C607F.doc ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 8.22 OF THE CHULA VISTA MUNICIPAL CODE TO EXPAND SMOKING PROHIBITIONS WHEREAS, jurisdictions are becoming increasingly aware that cities play a critical role in supporting the health and well-being of their communities; and WHEREAS, the Healthy Chula Vista Action Plan, adopted January 5, 2016, included strategies to prohibit smoking on City facilities and in affordable housing projects; and WHEREAS, smoking and exposure to cigarette smoke are associated with health risks such as the onset of diseases, including various cancers as well as cardiovascular and respiratory diseases; and WHEREAS, e-cigarettes have been found to contain a number of toxins, carcinogens and components suspected of being harmful to humans; and WHEREAS, research shows each smoker costs employers nearly $6,000 in indirect and direct medical costs per year; and WHEREAS, the City desires to follow U.S. Department of Housing and Urban Development guidelines surrounding smoking in affordable housing projects where the City has deed and rent restrictions on such property; and WHEREAS, the City, including various City Departments, have previously adopted policies to prohibit and/or regulate smoking, including, but not limited to, Council Policies Nos. 840-01 and 840-02 and an Environmental Tobacco Smoke Control Directive (adopted in 2017); and WHEREAS, in order to streamline and advance policy related to smoking exposure in the City, amendments have been proposed to Chula Vista Municipal Code Chapter 8.22. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chula Vista Municipal Code Chapter 8.22 is hereby amended to read as set forth in Attachment A. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent 2017-12-19 Agenda Packet Page 66 Ordinance Page 2 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 duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by _____________________________________ ____________________________________ Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney 2017-12-19 Agenda Packet Page 67 Ordinance Page 3 ATTACHMENT A Chapter 8.22 REGULATION OF SMOKING IN PUBLIC PLACES, AFFORDABLE HOUSING PROJECTS AND PLACES OF EMPLOYMENT Sections: 8.22.010 Purpose. 8.22.020 Definitions. 8.22.030 Prohibitions. 8.22.040 Designation of smoking areas. 8.22.050 Posting of signs. 8.22.060 Governmental agency cooperation. 8.22.070 Exceptions. 8.22.080 Enforcement and appeal. 8.22.090 Violations and penalties. 8.22.100 Education for no-smoking program. 8.22.110 Severability. 8.22.010 Purpose. Because smoking of tobacco, or any other weed or plant, is a danger to health and a cause of material annoyance, inconvenience, discomfort, and a health hazard, and in order to serve public health, safety and welfare, the declared purpose of this chapter is to prohibit the smoking of tobacco, or any weed or plant, in Public Places, Affordable Housing Projects, and Places of Employment, except in designated smoking areas. 8.22.020 Definitions. “Smoke” or “Smoking” means and includes the carrying or use of a lighted pipe, or lighted cigar, or lighted cigarette or e-cigarette of any kind, including any device use for vaping, or the lighting of a pipe, cigar or cigarette of any kind. “Public Place” means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, retail stores, retail service establishments, retail food production and marketing establishments, restaurants, theaters, waiting rooms, reception areas, educational facilities, health facilities, and public transportation facilities. A private residence is not a “public place.” “Place of Employment” means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, conference rooms, and employee cafeterias. A private residence is not a “place of employment.” “Affordable Housing Project” means a housing complex which is subject to income and rent restrictions recorded against the property to the benefit of the City of Chula Vista and/or the Chula Vista Housing Authority. 8.22.030 Prohibitions. A. No person shall Smoke in a Public Place or Place of Employment, except in designated smoking areas. B. No person shall Smoke in the dining area of any restaurant or establishment where people eat, including outdoor patios, outdoor bars that serve food, or any covered eating area. C. No person shall Smoke within 50 feet of any entrance to any restaurant or establishment where people eat. D. No person shall Smoke on any portion of City owned property inclusive of all parks, libraries, City buildings, and associated parking lots. 2017-12-19 Agenda Packet Page 68 Ordinance Page 4 E. No person shall Smoke within an Affordable Housing Project, except in designated smoking areas as defined in Section 8.22.040.B. 8.22.040 Designation of smoking areas. A. Smoking areas may be designated in public places and places of employment by proprietors or other persons in charge, except in retail stores, retail service establishments, food markets, public conveyances, theaters, auditoriums, public assembly rooms, meeting rooms, rest rooms, elevators, pharmacies, libraries, museums or galleries which are open to the public or any other place where Smoking is prohibited by the Fire Marshal or by other law, ordinance or regulation. Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in adjacent nonsmoking areas. It shall be the responsibility of employers to provide Smoke-free areas for nonsmokers within existing facilities to the maximum extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing these areas. An employer who in good faith develops and promulgates a policy regarding Smoking and nonsmoking in the workplace shall be deemed to be in compliance with this section; provided, that a policy, which designates an entire workplace as a smoking area, shall not be deemed a good faith policy. No public place other than the ones enumerated in CVMC 8.22.070 shall be designated as a smoking area in its entirety. B. Outdoor smoking areas may be designated within an Affordable Housing Project as long as they are not within 25 feet of any window, door, or common area amenities. C. Notwithstanding any other provision of this chapter, any facility or area may be designated in its entirety as a no- smoking area by the owner or manager thereof. 8.22.050 Posting of signs. Signs which designate Smoking or no-smoking areas established by this chapter shall be clearly, sufficiently, and conspicuously posted in every room, building, or other place so covered by this chapter. No-smoking signs shall be specifically placed in retail food production and marketing establishments, including grocery stores and supermarkets open to the public, so that they are clearly visible to persons upon entering the store, clearly visible to persons in checkout lines, and clearly visible to persons at meat and produce counters. The manner of such posting, including the wording, size, color, design, and place of posting, whether on the walls, doors, tables, counters, stands or elsewhere, shall be at the discretion of the owner, operator, manager, or other person having control of such room, building or other place, so long as clarity, sufficiency, and conspicuousness are apparent in communicating the intent of this chapter. 8.22.060 Governmental agency cooperation. The City Manager shall annually request that governmental and educational agencies who conduct their specific business within the City of Chula Vista establish local operating procedures to cooperate and comply with this chapter. In federal, State, county and special school districts within the City of Chula Vista, the City Manager shall urge enforcement of their existing no-smoking prohibitions and request cooperation with this chapter. 8.22.070 Exceptions. A. No-smoking areas are not required in individual private offices, hotel and motel meeting and assembly rooms rented to guests, areas and rooms while in use for private social functions, psychiatric facilities, jails, stores that deal exclusively in tobacco products and accessories, and smoking lounges as that term is defined in Government Code Section 7596. B. Any owner or manager of a business or other establishment subject to this chapter may apply to the City Council for an exemption or modification of the provisions of this chapter due to unique or unusual circumstances or conditions. 8.22.080 Enforcement and appeal. A. The City Manager shall be responsible for compliance with this chapter when facilities which are owned, operated or leased by the City of Chula Vista are involved, including designating smoking areas, if any, when the City is the public employer. The City Manager shall provide business license applicants with copies of this chapter. 2017-12-19 Agenda Packet Page 69 Ordinance Page 5 B. The owner, operator or manager of any facility, business or agency shall post or cause to be posted all “No Smoking” signs required by this chapter. Owners, operators, managers or employees of covered entities shall be required to orally inform persons violating this chapter of the provisions of the chapter. The duty to inform such violator shall arise when such owner, operator, manager or employee becomes aware of the violation. C. It shall be the responsibility of employers to disseminate information covering the provisions of this chapter to employees. 8.22.090 Violations and penalties. Any person who violates any provision of this chapter by smoking in a posted “No Smoking” area, or by failing to post or cause to be posted a “No Smoking” sign required by this chapter, or by a knowing failure to inform any person who violates the provisions of this chapter, when such duty to inform arises, as set forth in CVMC 8.22.080(B), is guilty of an infraction. 8.22.100 Education for no-smoking program. The City Manager shall engage in a continuing program to inform and clarify the purposes of this chapter to citizens affected by it, and to guide owners, operators and managers in their compliance. The City shall leave the responsibility of conducting a public education campaign, regarding the health-degrading aspects of smoking, to other governmental and health agencies equipped with the needed expertise to conduct such campaign. 8.22.110 Severability. If any provision, clause, sentence or paragraph of this chapter, or the application of this chapter to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are hereby declared to be severable. 2017-12-19 Agenda Packet Page 70 City of Chula Vista Staff Report File#:17-0506, Item#: 4. REPORT REGARDING DEVELOPMENT IMPACT FEES, THE PARKLAND ACQUISITION AND DEVELOPMENT FEE, AND TRUNK SEWER CAPITAL RESERVE FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2017 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING REQUISITE FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 66001(d) FOR DEVELOPMENT PROJECT FEES COLLECTED AND REMAINING UNEXPENDED FOR FIVE OR MORE YEARS (POGGI CANYON SEWER DEVELOPMENT IMPACT FEE, OTAY RANCH VILLAGES 1, 2, 5, & 6 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE, AND OTAY RANCH VILLAGE 11 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING REQUISITE FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 66001(d) FOR DEVELOPMENT PROJECT FEES COLLECTED AND REMAINING UNEXPENDED FOR FIVE OR MORE YEARS (EASTERN TRANSPORTATION DEVELOPMENT IMPACT FEE) C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING REQUISITE FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 66001(d) FOR DEVELOPMENT PROJECT FEES COLLECTED AND REMAINING UNEXPENDED FOR FIVE OR MORE YEARS (TELEGRAPH CANYON DRAINAGE DEVELOPMENT IMPACT FEE) RECOMMENDED ACTION Council accept the report and adopt the resolutions. SUMMARY California Government Code Section 66000 requires local agencies assessing Development Impact Fees (DIFs) and sewer capacity charges to make available specified financial data to the public each fiscal year. This report satisfies that requirement and has been available in the City Clerk’s Office for public review since December 4, 2017. An equivalent report for the Parkland Acquisition and Development (PAD) fees is included in this report for ease of reference and convenience to the public. Local agencies are also required to make findings every five years for any DIF funds remaining unexpended. These findings must identify the purpose of the fee and demonstrate a reasonable relationship between the fee and the purpose for which it was charged. This year, the City has identified unexpended fees that were on deposit for five or more years and has elected to make the required findings. City of Chula Vista Printed on 12/14/2017Page 1 of 11 powered by Legistar™2017-12-19 Agenda Packet Page 71 File#:17-0506, Item#: 4. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Determination The Development Services Director has reviewed the proposed activity, filing of an annual report regarding the Development Impact Fee, Parkland Acquisition and Development Fee, and Trunk Sewer Capital Reserve for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378(b)(4) of the State CEQA Guidelines because acceptance of fiscal reports is a fiscal activity that does not involve a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The City of Chula Vista collects several types of Development Impact Fees (DIFs), Parkland Acquisition and Development fees, and Trunk Sewer Capital Reserve fees, which were assessed during the fiscal year ending June 30, 2017. The major categories of facilities financed via DIFs include transportation, traffic signals, pedestrian bridges, drainage, sewer and public facilities. Development impact fees are updated in two manners: 1) Through a comprehensive DIF program review; or 2) a Council-enacted automatic annual adjustment, based upon an appropriate index. There were no comprehensive DIF updates completed in fiscal year 2017. In October of 2016, the following automatic index-based annual adjustments went into effect: City of Chula Vista Printed on 12/14/2017Page 2 of 11 powered by Legistar™2017-12-19 Agenda Packet Page 72 File#:17-0506, Item#: 4. Other fees addressed in this report remain at the same rate as the previous fiscal year. DEVELOPMENT IMPACT FEES Transportation Development Impact Fee (TDIF) The TDIF fee was established on January 12, 1988 via Ordinance 2251 to finance and coordinate the construction of new transportation facilities so that new streets are built when needed to serve new development. This fee is applicable to all new development east of Interstate 805. Prior to the program, streets were built by developers in a fragmented fashion. In addition, equity issues arose, as some developers with frontages on large streets were required to improve those streets while other developers with only smaller local street frontages had less improvement requirements. Now, all developers in the eastern portion of Chula Vista pay the same fee per equivalent dwelling unit. The City then constructs the street or a developer does. If the developer constructs the street, they receive a TDIF fee credit which is then applied towards payment of these fees at time of final inspection. The TDIF is subject to an annual index-based adjustment. In October 2016, the fee increased from $13,330 to $13,541 per equivalent dwelling unit (EDU). The fees for all land use types, as well as detailed FY 2016-17 financial information are presented in Attachment 1, Schedule A. City of Chula Vista Printed on 12/14/2017Page 3 of 11 powered by Legistar™2017-12-19 Agenda Packet Page 73 File#:17-0506, Item#: 4. Western Transportation Development Impact Fee (WTDIF) The Western TDIF fee was adopted on March 18, 2008 via Ordinances 3106 through 3110 to finance and coordinate the construction of new transportation facilities in the western neighborhoods of the City, as well as to spread the costs associated with the construction of the facilities equitably among the developing properties within the benefit area. The WTDIF is subject to an annual index-based adjustment. In October 2016, the fee increased from $4,004 to $4,084 per EDU. The fees for all land use types, as well as detailed FY 2016-17 financial information are presented in Attachment 1, Schedule B. Bayfront Transportation Development Impact Fee (BFDIF) The Bayfront Transportation Development Impact Fee was adopted on November 18, 2014 via Ordinance 3327 to finance and coordinate the construction of new transportation facilities in the Chula Vista Bayfront area, as well as to spread the costs associated with the construction of the facilities equitably among the developing properties within the benefit area. This fee is applicable to new development in the Chula Vista Bayfront area, generally described as properties west of Interstate 5 and between E Street and Naples Street. The BFDIF is subject to an annual index-based adjustment. In October 2016, the fee increased from $9,678 to $9,871 per EDU. No financial activity was recorded in the current fiscal year. Traffic Signal Fee The Traffic Signal fee was adopted to finance and facilitate construction of traffic signal improvements required to mitigate increases in traffic volume caused by new development. This citywide fee is assessed per average daily trip generated. The Traffic Signal fee is subject to an annual index-based adjustment. In October 2016, the fee increased from $36.01 to $37.28 per trip. Detailed FY 2016-17 financial information is presented in Attachment 1, Schedule C. Telegraph Canyon Drainage Development Impact Fee The Telegraph Canyon Drainage fee was adopted to finance and facilitate construction of drainage improvements serving the Telegraph Canyon Drainage Basin. The fee has remained at $4,579 per acre since 1998. In November of 2015, the City Council did consider and approve a comprehensive update of the Telegraph Canyon Drainage DIF. The 2015 action revised the detailed capital improvement program and confirmed the existing rate of $4,579 per acre. Detailed FY 2016-17 financial information is presented in Attachment 1, Schedule D. Telegraph Canyon Gravity Sewer Development Impact Fee The Telegraph Canyon Gravity Sewer fee was adopted to finance and facilitate expansion of the trunk sewer serving Telegraph Canyon Sewer Basin tributary properties. The fee has remained unchanged at $216.50 per EDU since 1998. The fees for all land use types, as well as detailed FY City of Chula Vista Printed on 12/14/2017Page 4 of 11 powered by Legistar™2017-12-19 Agenda Packet Page 74 File#:17-0506, Item#: 4. 2016-17 financial information are presented in Attachment 1, Schedule E. With all anticipated Telegraph Canyon Gravity Sewer DIF improvements installed and the fund balance exhausted, on May 31, 2017, the City Council repealed the Telegraph Canyon Gravity Sewer Fee by Ordinance No. 2017-3402. Poggi Canyon Sewer Basin Development Impact Fee The Poggi Canyon Sewer Basin fee was adopted to finance and facilitate construction of the Poggi Canyon Trunk Sewer, serving properties within the benefit area. This fee is applicable to the Poggi Canyon Basin. The fee was established at $400 per EDU in 1997. In June 2009, the Poggi Canyon Sewer DIF was updated and the fee was reduced to $265 per EDU. The fee remains unchanged since the 2009 action. The fees for all land use types, as well as detailed FY 2016-17 financial information are presented in Attachment 1, Schedule E. Salt Creek Sewer Basin Development Impact Fee The Salt Creek Sewer Basin fee was adopted to finance and facilitate construction of the Salt Creek Trunk Sewer, serving properties within the benefit area. This fee is applicable to the Salt Creek Sewer Basin, a portion of the Upper Otay Lake Basin north of the Salt Creek Sewer Basin, Wolf Canyon Basin, and a portion of the Lower Otay Lake Basin east of the Salt Creek Sewer Basin. In July 2015, the City Council considered and approved a comprehensive update of the Salt Creek Sewer Basin DIF. The 2015 action confirmed the existing rate of $1,330 per EDU and authorized annual index-based updates. An index-based update was implemented in October 2016, increasing the fee from $1,360 to $1,381 per EDU. The fees for all land use types, as well as detailed FY 2016- 17 financial information are presented in Attachment 1, Schedule E. Otay Ranch Village 1, 2, 5, & 6 Pedestrian Bridge Development Impact Fee The Otay Ranch Village 1, 2, 5, & 6 Pedestrian Bridge fee was adopted to finance and facilitate construction of pedestrian bridge facilities that will serve the subject villages. A comprehensive update of the fee program was considered and approved by the City Council in December 2015. The 2015 action reduced the fee from $1,114 to $844 per single-family dwelling unit and authorized annual index-based updates. The first such update occurred in October 2016, increasing the fee from $844 to $857 per EDU. The fees for all land use types, as well as detailed FY 2016-17 financial information is presented in Attachment 1, Schedule F. Otay Ranch Village 11 Pedestrian Bridge Development Impact Fee The Otay Ranch Village 11 Pedestrian Bridge fee was adopted to finance and facilitate construction of four pedestrian bridges in Otay Ranch Village 11. The Village 11 Pedestrian Bridge DIF is subject to an annual index-based adjustment. In October 2016, the fee increased from $2,390 to $2,432 per single-family dwelling unit. The fees for all land use types, as well as detailed FY 2016-17 financial information are presented in Attachment 1, City of Chula Vista Printed on 12/14/2017Page 5 of 11 powered by Legistar™2017-12-19 Agenda Packet Page 75 File#:17-0506, Item#: 4. Schedule F. Eastern Urban Center (Millenia) Pedestrian Bridge Development Impact Fee The Eastern Urban Center (Millenia) Pedestrian Bridge Development Impact Fee was adopted to finance and facilitate construction of the Eastlake Parkway Pedestrian Bridge in the Eastern Urban Center (Millenia) project area. The EUC Pedestrian Bridge DIF was established with an initial rate of $615.13 per single-family DU via Ordinance 3273, adopted in August of 2013. The fees for all land use types, as well as detailed FY 2016-17 financial information are presented in Attachment 1, Schedule F. It is anticipated that City Council will consider updating this fee during FY 2017-18 to correspond with an anticipated amendment to the Eastern Urban Center (Millenia) Specific Planning Area Plan. Public Facilities Development Impact Fee (PFDIF) The Public Facilities DIF was adopted to finance and facilitate construction of public facilities necessary to serve new development. The fee includes six components. All components are subject to an annual index-based adjustment. In October 2016, the combined fee increased from $9,940 to $10,180 per single-family dwelling unit. Detailed FY 2016-17 financial information is presented in Attachment 1, Schedule G. The components of the PFDIF, including current fees are as follows: §Administration ($632)-Administration of the PFDIF program, oversight of expenditures and revenues, preparation of updates, calculation of costs, etc. §Civic Center Expansion ($2,907)-Expansion of the Civic Center per the 1989 Civic Center Master Plan to provide sufficient building space and parking needed to serve new development. The Civic Center Master Plan was updated in July 2001 to include impacts of Otay Ranch development. Project phases included the remodel and expansion of City Hall, remodel of the Public Services Building and remodel of the former Police Facility, Community Development and Legislative Buildings. Includes associated capital expenses. §Police Facility ($1,760) - Improvements per the Civic Center Master Plan to provide sufficient building space and associated facilities needed to serve new development. Improvements include construction of a new police facility, upgrading the communications center and installation of new communication consoles. This fee also includes the purchase and installation of a computer-aided dispatch system (CAD), Police Records Management System, Mobile Data Terminals, and police vehicles. §Corporation Yard Relocation ($472)-Relocation of the City’s Public Works Center from the Bayfront area to the more centrally located site on Maxwell Road. Also includes the purchase of new vehicles directly attributable to new development and the need to maintain an expanding infrastructure network. §Libraries ($1,671) - Improvements include construction of the South Chula Vista Library and future planned libraries and installation of an automated library system. This component is based on the facility needs identified in the Library Master Plan and is applicable to new City of Chula Vista Printed on 12/14/2017Page 6 of 11 powered by Legistar™2017-12-19 Agenda Packet Page 76 File#:17-0506, Item#: 4. residential development only. §Fire Suppression System ($1,469) - Projects include the relocation of Fire Stations 3 and 4, construction of a fire training tower and classroom, purchase of a brush rig, installation of a radio communications tower and construction of various fire stations in developing areas of the City. This fee currently reflects the nine-station network called for in the 1999 Fire Station Master Plan. This fee also includes the purchase of fire apparatus for new stations, as required to serve new development. §Major Recreation Facilities ($1,269) - Component added in November 2002 to build major recreation facilities required to serve new development such as community centers, gymnasiums, swimming pools, and senior/teen centers. This component is based on the facility needs identified in the Park & Recreation Master Plan and is applicable to new residential development only. Although the majority of the public facility project costs are borne by new development, it is important to note that some public facility projects contain both a City and new development cost share. The City share often reflects “joint impetus” projects, which are necessitated by growth and non-growth factors and/or the City’s obligation to correct pre-existing space/equipment deficiencies. The PFDIF fees only relate to new development’s cost share for each component. Parkland Acquisition and Development (PAD) Fees The Parkland Acquisition and Development in-lieu fee was adopted by the City to acquire neighborhood and community parkland and to construct parks and recreational facilities. The acquisition component of the fee is set at $12,676 for areas east of I-805 and $4,994 for areas west of I-805, per single-family dwelling unit. The development component of the fee is applicable citywide and is subject to an annual index- based adjustment. In October 2016, the development component increased from $5,365 to $5,549 per single-family dwelling unit. This action increased the combined fee from $18,041 to $18,255 and from $10,358 to $10,543; for areas east and west of I-805, respectively. The PAD fee is applicable to new residential development only. In fiscal year 2013-14, the fee requirement for hotel and motel developments was eliminated via Ordinance 2014-3303. The fees for all residential land use types, as well as detailed FY 2016-17 financial information are presented in Attachment 2. Trunk Sewer Capital Reserve Fees The Trunk Sewer Capital Reserve fee was established in 1985 by Ordinance 2107 to finance all or a portion of the cost to enlarge sewer facilities to enhance efficiency of utilization and/or adequacy of sewer capacity. The fee program was last comprehensively updated in 2014, decreasing the fee per EDU from $3,478 to $3,450. The 2014 action also authorized annual index-based updates. An index-based update was implemented in October 2016, increasing the fee from $3,528 to $3,584 per EDU. City of Chula Vista Printed on 12/14/2017Page 7 of 11 powered by Legistar™2017-12-19 Agenda Packet Page 77 File#:17-0506, Item#: 4. Detailed FY 2016-17 financial information is presented in Attachment 3. Interfund Loans On February 17, 2015, the City Council approved an Interfund Loan Policy, along with a series of resolutions affirming and consolidating various interfund loans between DIF, PAD, and Trunk Sewer Capital Reserve Funds. Pursuant to the Policy, all interfund loans will accrue interest charges equal to the City’s actual pooled cash investment return. As a result of this change, the interest charges to date for all existing interfund loans were recalculated. The total amount due, as reported in the attached schedules may, therefore, vary significantly from the amounts presented in prior reports. In addition, interest rates will no longer be reported for interfund loans in this report, as the applicable rate will vary based upon the City’s actual investment returns. FY 2016-17 Financial Information Detailed FY 2016-17 financial information is presented in the Attachments as follows: §Attachment 1, Schedules A through F, reports the required financial information for all DIFs except the Public Facilities DIF. Attachment 1, Schedule G reports the required financial information for the Public Facilities DIF and its components. §Attachment 2 reports the required financial information for the Parkland Acquisition and Development fees. §Attachment 3 reports the required information for the Trunk Sewer Capital Reserve fees. The schedules contain the following items: §Beginning balance as of July 1, 2016. §Fees received during the fiscal year ending June 30, 2017. §Other miscellaneous revenues received during the fiscal year ending June 30, 2017. §Interest earned from investing the cash balances available in each fund or from interfund loans during the fiscal year ending June 30, 2017. §Expenditures from each of the funds during the fiscal year ending June 30, 2017. §A description of each capital and non-capital project with expenditures funded entirely or in part by DIF/PAD/Trunk Sewer funds in FY 2016-17 and the percentage of the project funded by this fee through FY 2016-17. More detailed information on capital projects is available in the annual Capital Improvement Program (CIP) Budget. §Outstanding balances of interfund loans made from DIF/PAD/Trunk Sewer Capital Reserve funds, as of the end of FY 2016-17. §Ending balances as of June 30, 2017 for each fund. §The amount, description, and purpose of each fee. §Identification of an approximate date by which the construction of public improvements will commence. Findings Required for Funds in Possession Over 5 Years Government Code Section 66001(d) requires the local agency to make findings with respect to any City of Chula Vista Printed on 12/14/2017Page 8 of 11 powered by Legistar™2017-12-19 Agenda Packet Page 78 File#:17-0506, Item#: 4. Government Code Section 66001(d) requires the local agency to make findings with respect to any portion of development impact fees remaining unexpended for the fifth year following the first deposit into the account or fund, and every five years thereafter. Section 66001(d) of the Government Code states: (d)(1) For the fifth fiscal year following the first deposit into the account or fund, and every five years thereafter, the local agency shall make all of the following findings with respect to that portion of the account or fund remaining unexpended, whether committed or uncommitted: (A) Identify the purpose to which the fee is to be put. (B) Demonstrate a reasonable relationship between the fee and the purpose for which it is charged. (C) Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements identified in paragraph (2) of subdivision (a). (D) Designate the approximate dates on which the funding referred to in subparagraph (C) is expected to be deposited into the appropriate account or fund. The City last made these findings in 2012. This year, the City has identified development impact fee funds remaining unexpended for five or more years for the following DIF programs: §Poggi Canyon Sewer Development Impact Fee, §Otay Ranch Villages 1, 2, 5, & 6 Pedestrian Bridge Development Impact Fee, and §Otay Ranch Village 11 Pedestrian Bridge Development Impact Fee. §Transportation Development Impact Fee (TDIF) §Telegraph Canyon Drainage Development Impact Fee In an effort to make information readily available to interested parties, copies of this report were sent to the San Diego Building Industry Association, Baldwin & Sons, Brookfield Homes, CalAtlantic Homes, Chelsea Investment Corporation, Chesnut Properties, HomeFed Corporation, KB Home Coastal, Meridian Development, Pacifica Companies, Shea Homes, Sudberry Properties, and Trammel Crow Residential. DECISION-MAKER CONFLICT Resolution A - Poggi Canyon Sewer Development Impact Fee, Otay Ranch Villages 1, 2, 5, & 6 Pedestrian Bridge Development Impact Fee, and Otay Ranch Village 11 Pedestrian Bridge Development Impact Fee Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property that is the subject of this action. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. Resolution B - Eastern Transportation Development Impact Fee (TDIF) Staff has reviewed the property holdings of the City Council and has found that Councilmembers City of Chula Vista Printed on 12/14/2017Page 9 of 11 powered by Legistar™2017-12-19 Agenda Packet Page 79 File#:17-0506, Item#: 4. Staff has reviewed the property holdings of the City Council and has found that Councilmembers Aguilar, McCann, Padilla, and Mayor Casillas Salas have property holdings within 500 feet of the boundaries of the property that is the subject of this action. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. Resolution C - Telegraph Canyon Drainage Development Impact Fee Staff has reviewed the property holdings of the City Council and has found that Councilmembers Aguilar, McCann and Mayor Casillas Salas have property holdings within 500 feet of the boundaries of the property that is the subject of this action. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Accepting the report supports the Operational Excellence goal by ensuring the City’s development impact fee programs continue to comply with relevant California Government Code reporting requirements. CURRENT YEAR FISCAL IMPACT With findings that identify the continued need for the unexpended and/or uncommitted fees, the City retains these fees for future projects. Without a determination of findings that the unexpended funds are still needed for the projects, the City would be obligated to refund $21.01 million in DIF funds that have been held for five or more years as summarized in the table below, plus interest accrued, pursuant to the State Government Code Section 66001. The loss of the funds would jeopardize future development in the City. ONGOING FISCAL IMPACT With findings that identify the continued need for the unexpended and/or uncommitted fees, the City retains the fees for future projects. Without a determination of findings that the unexpended funds are still needed for the projects, the City would be obligated to refund $21.01 million in DIF funds that have been held for five or more years as summarized in the above table, plus interest accrued, pursuant to the State Government Code Section 66001. The loss of the funds would jeopardize the City of Chula Vista Printed on 12/14/2017Page 10 of 11 powered by Legistar™2017-12-19 Agenda Packet Page 80 File#:17-0506, Item#: 4. City’s ability to address the impacts of new development. ATTACHMENTS 1. Schedules A through G: FY 2016-17 Financial Information for all DIFs, including the Public Facilities DIF 2. FY 2016-17 Financial Information for PAD Fees 3. FY 2016-17 Financial Information for Trunk Sewer Capital Reserve Fees Staff Contact: Paul Oberbauer, Development Services Department City of Chula Vista Printed on 12/14/2017Page 11 of 11 powered by Legistar™2017-12-19 Agenda Packet Page 81 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING REQUISITE FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 66001(d) FOR DEVELOPMENT PROJECT FEES COLLECTED AND REMAINING UNEXPENDED FOR FIVE OR MORE YEARS (POGGI CANYON SEWER DEVELOPMENT IMPACT FEE; OTAY RANCH VILLAGES 1, 2, 5, & 6 PEDESTRAIN BRIDGE DEVELOPMENT IMPACT FEE; AND OTAY RANCH VILLAGE 11 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE) WHEREAS, California Government Code section 66001(d) requires local agencies to make findings with respect to any portion of Development Impact Fees (DIFs) remaining unexpended five or more years after deposit of the fee; and WHEREAS, such findings must identify the purpose to which the fee is to be put, demonstrate a reasonable relationship between the fee and the purpose for which it is charged, identify all the sources and amounts of funding anticipated to complete financing of incomplete projects and designate the approximate dates to which the anticipated funding will be deposited into the appropriate account or fund; and WHEREAS, the City has identified unexpended fees on deposit for five or more years and has elected to make the required findings pursuant to Section 66001(d) of the Government Code for the Poggi Canyon Sewer Development Impact Fee (“Poggi DIF”); Otay Ranch Villages 1, 2, 5, & 6 Pedestrian Bridge Development Impact Fee (“Otay Ranch Pedestrian Bridge DIF”); and the Otay Ranch Village 11 Pedestrian Bridge Development Impact Fee (“Village 11 Pedestrian Bridge DIF”); and WHEREAS, for each fee listed above, the purpose of the fee and the demonstration of the reasonable relationship between the fee and the purpose for which it is charged are contained in the “Poggi Canyon Sewer Basin Plan,” dated April 2009; the “City of Chula Vista Pedestrian Bridge Development Impact Fee Report for Otay Ranch Village 2,” dated June 2015; and the “City of Chula Vista Pedestrian Bridge Development Impact Fee Report for Otay Ranch Village 11,” dated February 2003, which are incorporated by this reference; and WHEREAS, each incomplete project being funded by the fees listed above will continue to receive funding from the fee(s) as development subject to the respective fees occurs, the funds will be deposited into the appropriate account or fund as they become available and will be appropriated through the City’s budget, as adopted and amended from time to time, and there is no additional funding source anticipated at this time. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby find that the purpose for the Poggi Canyon Sewer Development Impact 2017-12-19 Agenda Packet Page 82 Fee and the demonstration of the reasonable relationship between the Poggi DIF and the purpose for which it is charged is as set forth in the “Poggi Canyon Sewer Basin Plan,” dated April 2009, a copy of which is on file in the office of the City Clerk; and that the purpose for the Otay Ranch Villages 1, 2, 5, & 6 Pedestrian Bridge Development Impact Fee and the demonstration of the reasonable relationship between the Otay Ranch Pedestrian Bridge DIF and the purpose for which it is charged is as set forth in the “City of Chula Vista Pedestrian Bridge Development Impact Fee Report for Otay Ranch Village 2,” dated June 2015, a copy of which is on file in the office of the City Clerk; and that the purpose for the Otay Ranch Village 11 Pedestrian Bridge Development Impact Fee and the demonstration of the reasonable relationship between the Village 11 Pedestrian Bridge DIF and the purpose for which it is charged is as set forth in the “City of Chula Vista Pedestrian Bridge Development Impact Fee Report for Otay Ranch Village 11,” dated February 2003, a copy of which is on file in the office of the City Clerk; and BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it does hereby find that each incomplete project being funded by the Poggi DIF, Otay Ranch Pedestrian Bridge DIF, and the Village 11 Pedestrian Bridge DIF will continue to receive funding from the fees as development subject to the respective fees occurs, that the funds will be deposited into the appropriate account or fund when received and will be appropriated through the City’s budget, as adopted and amended from time to time, and that there is no additional funding source anticipated at this time. Presented by Approved as to form by Kelly Broughton, FASLA Glen R. Googins Director of Development Services City Attorney 2017-12-19 Agenda Packet Page 83 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING REQUISITE FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 66001(d) FOR DEVELOPMENT PROJECT FEES COLLECTED AND REMAINING UNEXPENDED FOR FIVE OR MORE YEARS (EASTERN TRANSPORTATION DEVELOPMENT IMPACT FEE) WHEREAS, California Government Code Section 66001(d) requires local agencies to make findings with respect to any portion of Development Impact Fees (DIFs) remaining unexpended five or more years after deposit of the fee; and WHEREAS, such findings must identify the purpose to which the fee is to be put, demonstrate a reasonable relationship between the fee and the purpose for which it is charged, identify all the sources and amounts of funding anticipated to complete financing of incomplete projects and designate the approximate dates to which the anticipated funding will be deposited into the appropriate account or fund; and WHEREAS, the City has identified unexpended fees on deposit for five or more years and has elected to make the required findings pursuant to Section 66001(d) of the Government Code for the Eastern Transportation Development Impact Fee (“TDIF”); and WHEREAS, the purpose of the TDIF and the demonstration of the reasonable relationship between the fee and the purpose for which it is charged are contained in the “Eastern Transportation Development Impact Fee” report, dated September 2014, which is incorporated by this reference; and WHEREAS, each incomplete project being funded by the TDIF will continue to receive funding from the fee(s) as development subject to the TDIF occurs; additional funding to be applied to incomplete TDIF projects may become available in the future, but the source and amount of such funding is not known at this time; the sources and amounts of the funding will be identified as the funding becomes available; the funds received will be deposited into the appropriate account or fund as they become available, and will be appropriated through the City’s budget, as adopted and amended from time to time. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby find that the purpose for the Eastern Transportation Development Impact Fee and the demonstration of the reasonable relationship between the TDIF and the purpose for which it is charged is as set forth in the “Eastern Transportation Development Impact Fee” report, dated September 2014, a copy of which is on file in the office of the City Clerk; and BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it does hereby find that each incomplete project being funded by the TDIF will continue to receive 2017-12-19 Agenda Packet Page 84 funding from the TDIF as development subject to the TDIF occurs, that additional funding to incomplete TDIF projects may become available in the future, but the amount and source of such funding is unknown at this time, at which time the sources and amounts of the funding will be identified and the funds will be deposited to the appropriate account or fund as the funding becomes available and appropriated through the City’s budget, as adopted and amended from time to time. Presented by Approved as to form by Kelly Broughton, FASLA Glen R. Googins Director of Development Services City Attorney 2017-12-19 Agenda Packet Page 85 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING REQUISITE FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 66001(d) FOR DEVELOPMENT PROJECT FEES COLLECTED AND REMAINING UNEXPENDED FOR FIVE OR MORE YEARS (TELEGRAPH CANYON DRAINAGE DEVELOPMENT IMPACT FEE) WHEREAS, California Government Code Section 66001(d) requires local agencies to make findings with respect to any portion of Development Impact Fees (DIFs) remaining unexpended five or more years after deposit of the fee; and WHEREAS, such findings must identify the purpose to which the fee is to be put, demonstrate a reasonable relationship between the fee and the purpose for which it is charge, identify all the sources and amounts of funding anticipated to complete financing of incomplete projects and designate the approximate dates to which the anticipated funding will be deposited into the appropriate account or fund; and WHEREAS, the City has identified unexpended fees on deposit for five or more years and has elected to make the required findings pursuant to Section 66001(d) of the Government Code for the Telegraph Canyon Drainage Development Impact Fee (“Drainage DIF”); and WHEREAS, the purpose of the Drainage DIF and the demonstration of the reasonable relationship between the fee and the purpose for which it is charged are contained in the “Telegraph Canyon Channel Nexus Study”, dated November 24, 2015, which is incorporated by this reference; and WHEREAS, each incomplete project being funded by the Drainage DIF will continue to receive funding from the fee(s) as development subject to the Drainage DIF occurs; additional funding to be applied to incomplete Drainage DIF projects may become available in the future, but the source and amount of such funding is not known at this time; the sources and amounts of the funding will be identified as the funding becomes available; the funds received will be deposited into the appropriate account or fund as they become available, and will be appropriated through the City’s budget, as adopted and amended from time to time. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby find that the purpose for the Telegraph Canyon Drainage Development Impact Fee and the demonstration of the reasonable relationship between the Drainage DIF and the purpose for which it is charged is as set forth in the “Telegraph Canyon Channel Nexus Study”, dated November 24, 2015, a copy of which is on file in the office of the City Clerk; and BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it does hereby find that each incomplete project being funded by the Drainage DIF will continue to 2017-12-19 Agenda Packet Page 86 receive funding from the Drainage DIF as development subject to the Drainage DIF occurs, that additional funding to incomplete Drainage DIF projects may become available in the future, but the amount and source of such funding is unknown at this time, at which time the sources and amounts of the funding will be identified and the funds will be deposited to the appropriate account or fund as the funding becomes available and appropriated through the City’s budget, as adopted and amended from time to time. Presented by Approved as to form by Kelly Broughton, FASLA Glen R. Googins Director of Development Services City Attorney 2017-12-19 Agenda Packet Page 87 Description of Fee: Amount of the Fee:$13,541 per single family equivalent dwelling (low density) $10,832 per single family equivalent dwelling unit (med density) $8,124 per multi-family equivalent dwelling unit (high density) $216,656 per general commercial gross acre $121,869 per industrial gross acre FY 16/17 FUND BALANCE INFORMATION: FUND 591 TRANSPORTATION DIF Beginning Balance, 07/01/16 24,011,612$ Revenues TDIF Fees Collected 3,519,145 Interest Earned 54,560 Transfer-In Total Revenues 3,573,705 Expenditures: Supplies & Services (6,514) City Staff Services (179,174) Other Expenditures (3,557) CIP Project Expenditures (2,923,878) Total Expenditures (3,113,123) Unaudited Ending Balance, 06/30/17 24,472,194$ To finance the construction of transportation facilities required to mitigate increasing traffic volumes caused by new development in aestern areas of Chula Vista SCHEDULE A TRANSPORTATION DEVELOPMENT IMPACT FEES (TDIF) FY 16/17 ACTIVITY 2017-12-19 Agenda Packet Page 88 FY 16/17 CIP EXPENDITURES: PROJECT Total Appropriation % Of Project Future Construction PROJECT DESCRIPTION EXPENDITURES as of 6/30/17 Funded by TDIF Appropriations Start STM359 Rock Mtn Rd - SR125 Overpass 609 $300,000 100.00%- 2005 STM374 Heritage Rd Olympic to Main 256 150,000 100.00%- 2011 STM355 Otay Lakes Rd Wdng, E H to Cyn 24,540 7,720,000 96.29%- 2003 STM357 Rock Mtn Rd Heritage-La Media 9,614 757,000 100.00%- 2004 STM382 Bike Lane along East H Street 1,962,004 2,344,435 84.94%- 2014 STM386 Heritage Rd Bridge Improvements 260,967 342,820 9.78%- 2014 STM388 Main Street Widening FY16 26,974 300,000 100.00%- 2015 STM389 Heritage Rd Widening FY16 14,077 400,000 100.00%- 2015 STM331 98/East Orange Ave Extention 916 3,959,904 100.00%- 1999 STL261 Willow St Bridge Widening 481,917 4,991,363 21.50%- 2000 STL384 Willow St Bridge Util Relocate 74,682 467,638 10.14%- 2011 TF396 Trfc Mgmt. Cntr&Commn MstrPln1 34,558 42,000 13.13%- 2016 TF325 Transportation Planning Program 32,764 420,000 64.62%- 2004 TOTAL CIP EXPENDITURES 2,923,878$ 22,195,160$ FY16/17 INTERFUND LOAN INFORMATION: Oustanding Description of Loan Loan Amount $8,160,323 Advance to PFDIF (Fire Suppression) affirmed and consolidated via Council Resolution No. 2015-035 on February 17,2015. FY 16/17 ACTIVITY SCHEDULE A.1 TRANSPORTATION DEVELOPMENT IMPACT FEES (TDIF) 2017-12-19 Agenda Packet Page 89 Description of Fee: Amount of the Fee:4,084$ per single family equivalent dwelling unit (low density) 3,267$ per single family equivalent dwelling unit (med density) 2,450$ per multi-family equivalent dwelling unit (high density) 81,680$ per regional commercial gross acre 245,040$ per high rise office gross acre FY 16/17 FUND BALANCE INFORMATION: FUND 593 WESTERN TRANSPORTATION DIF Beginning Balance, 07/01/16 228,798$ Revenues WTDIF Fees Collected 5,708 Interest Earned 726 Total Revenues 6,434 - Expenditures: CIP Project Expenditures (10,358) Total Expenditures (10,358) Unaudited Ending Balance, 06/30/17 224,874$ FY 16/17 CIP EXPENDITURES: PROJECT Total Appropriation % Of Project Future Construction PROJECT DESCRIPTION EXPENDITURES as of 6/30/17 Funded by TDIF Appropriations Start TF396 Traffic Mgmt. Ctr & Comm MP Phase 1 10,358 28,000 8.75%2015 TOTAL CIP EXPENDITURES 10,358$ 28,000$ SCHEDULE B WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEES (TDIF) FY 16/17 ACTIVITY To finance the construction of transportation facilities required to mitigate increasing traffic volumes caused by new development in western of Chula Vista 2017-12-19 Agenda Packet Page 90 Amount of the Fee:37.28$ per trip FY 16/17 FUND BALANCE INFORMATION: FUND 225 TRAFFIC SIGNAL FUND Beginning Balance, 07/01/16 2,024,379$ Revenues Traffic Signal Fees Collected 183,663 Interest Earned 6,542 Miscellaneous Revenues 4,024 Total Revenues 194,229 Expenditures: Supplies & Services (936) City Staff Services (2,651) Other Expenditures (512) Transfer-Out - CIP Project Expenditures (137,554) Total Expenditures (141,653) Unaudited Ending Balance, 06/30/17 2,076,955$ SCHEDULE C FY 16/17 ACTIVITY TRAFFIC SIGNAL DEVELOPMENT IMPACT FEES Description of Fee: To finance the construction of traffic signal improvements required to mitigate increasing traffic volumes caused bye new development citywide. 2017-12-19 Agenda Packet Page 91 FY 16/17 CIP EXPENDITURES: PROJECT Total Appropriation % Of Project Funded Future Construction PROJECT DESCRIPTION EXPENDITURES as of 6/30/17 by Traffic Signal DIF Appropriations Start TF388 Trfc Signal Modf at 4Intersectns 89,473 270,000 27.28%2015 TF389 Adptv Trfc Signal System Expansn 32,600 100,000 15.42%2015 TF337 Traf Signal Left Turn Mod Prog 10,469 226,649 100.00%2006 TF398 Traffic Sgnl @Jacqua St &Main 2,699 250,000 100.00%2015 TF401 Install Ped Countdown Indicati 866 866 100%2017 TF366 Trafc Sgnl & Stlight Upgrd/Mtn 1,447 255,912 16%2009 TOTAL CIP EXPENDITURES 137,554$ 1,103,427$ TRAFFIC SIGNAL DEVELOPMENT IMPACT FEES FY 16/17 ACTIVITY SCHEDULE C.1 2017-12-19 Agenda Packet Page 92 Description of Fee: Amount of the Fee:4,579$ per acre FY 16/17 FUND BALANCE INFORMATION: FUND 542 TC DRAINAGE DIF Beginning Balance, 07/01/16 4,177,663$ Revenues TC Drainage Fees Collected 0 Interest Earned 13,531 Total Revenues 13,531 Expenditures: Supplies & Services (2,073) City Staff Services (994) Other Expenditures (1,132) CIP Project Expenditures (73,422) Total Expenditures (77,621) Unaudited Ending Balance, 06/30/17 4,113,573$ FY 16/17 CIP EXPENDITURES: PROJECT Total Appropriation % Of Project Funded Future Construction PROJECT DESCRIPTION EXPENDITURES as of 6/30/17 by DIF Appropriations Start DR203 Telepgraph Cyn Chnl Complnc FS 39,837 42,457 100.00%2015 DR208 Prelim Eng&Env Stds TeleCynChl 33,585 800,000 100%2017 TOTAL CIP EXPENDITURES 73,422$ 842,457$ For construction of Telegraph Canyon channel between Paseo Ladera and the Eastlake Business Center and for a portion of the channel west of I-805. SCHEDULE D TELEGRAPH CANYON DRAINAGE DIF (TC DRAINAGE DIF) FY 16/17 ACTIVITY 2017-12-19 Agenda Packet Page 93 Telegraph Canyon Gravity Sewer DIF (TC Gravity Sewer DIF) Fund 431 Poggi Canyon Sewer Basin DIF (PC Sewer Basin DIF) Fund 432 Salt Creek Sewer Basin DIF (SC Sewer Basin DIF) Fund 433 Description of Fee: Telegraph Canyon Gravity Sewer DIF: For the expansion of trunk sewer within the basin for tributary properties. Salt Creek Sewer Basin DIF: For the planning, design, construction and/or financing of the facilities. Poggi Canyon Sewer Basin DIF: For the construction of a trunk sewer in the Poggi Canyon Sewer Basin from a proposed regional trunk sewer west of I-805 along Olympic Parkway to the boundary of Eastlake. Amount of the fee: Fund 431 Fund 432 Fund 433 TC Gravity PC Sewer SC Sewer Sewer DIF Basin DIF Basin DIF per single family equivalent dwelling unit detached -$ 265.00$ 1,381.00$ per single family equivalent dwelling unit attached -$ 265.00$ 1,381.00$ per multi-family equivalent dwelling unit -$ 198.75$ 997.50$ Commercial land use $265/edu $1381/edu Industrial land use $265/edu $1381/edu SCHEDULE E SEWER DEVELOPMENT IMPACT FEES FY 16/17 ACTIVITY 2017-12-19 Agenda Packet Page 94 FY 16/17 CASH BALANCE INFORMATION: Fund 431 Fund 432 Fund 433 TC Gravity PC Sewer SC Sewer Sewer DIF Basin DIF Basin DIF Beginning Balance, 07/01/2016 -$ 2,594,770$ 328,400$ Revenues DIF Fees Collected - 100,348 11,559 Interest Earned - 8,652 684 Transfer-In - - - Total Revenues - 109,000 12,243 Expenditures: Supplies & Services - (1,160) (571) City Staff Services - (996) (1,597) Other expenditures - (634) (3,347) Transfer Out - (100,000) Total Expenditures - (2,790) (105,515) Unaudited Ending Balance, 06/30/17 -$ 2,700,980$ 235,128$ SCHEDULE E.1 SEWER DEVELOPMENT IMPACT FEES FY 16/17 ACTIVITY 2017-12-19 Agenda Packet Page 95 Otay Ranch Village 1, 2, 5 & 6 Pedestrian Bridge DIF (OR Vil 1 & 5 Pedestrian Bridge DIF), Fund 587 Otay Ranch Village 11 Pedestrian Bridge DIF (OR Vil 11 Pedestrian Bridge DIF), Fund 588 Otay Ranch Millenia Eastern Urban Center Pedestrian Bridge (DIF) ( OR Millenia EUC Pedestrian Bidge DIF),Fund 718 Description of Fee: To finance the construction of pedestrian bridge improvement between Otay Ranch Villages 1, 5 & 6. OR Village 11 Pedestrian Bridge DIF: To finance the construction of pedestrian bridge improvement in Otay Ranch Village 11. OR Millenia EUC Ped Bridge DIF: To finance the construction of pedestrian bridge improvement in OR Millenia (EUC). Amount of the fee: Fund 587 Fund 588 Fund 718 OR Village 1, 2, 5 & 6 OR Village 11 EUC MILLENIA Ped Bridge DIF Ped Bridge DIF PED BRIDGE DIF per single family equivalent dwelling unit detached 857$ 2,432$ 615$ per multi-family equivalent dwelling unit 635$ 1,803$ 456$ OR Village 1 & 5 Pedestrian Bridge DIF: SCHEDULE F OTAY RANCH PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE FY 16/17 ACTIVITY 2017-12-19 Agenda Packet Page 96 FY 16/17 FUND BALANCE INFORMATION: FUND 587 FUND 588 FUND 718 OR VILLAGE 1,2,5&6 OR VILLAGE 11 EUC MILLENIA PED BRIDGE DIF PED BRIDGE DIF PED BRIDGE DIF Beginning Balance, 07/01/16 1,234,446$ 3,147,213$ 223,221$ Revenues DIF Fees Collected 117,077 - 168,025 Interest Earned 4,201 10,273 1,037 Total Revenues 121,278 10,273 169,062 Expenditures Supplies & Services (526) (1,424) - City Staff Services (252) (683) - Other Expenditures (287) (778) - Total Expenditure (1,065) (2,885) - Unaudited Ending Balance, 06/30/17 $1,354,659 $3,154,601 $392,283 OTAY RANCH PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE FY 16/17 ACTIVITY SCHEDULE F.1 2017-12-19 Agenda Packet Page 97 Description of Fee and amount: Admistration $632- Administration of the Public Facilities DIF program, overseeing of expenditures and revenues collected, preparation of updates, calculation of costs, etc. Corporation Yard Relocation $472 - Relocation of the City's Public Works Center from the bay front area to the more centrally located site on Maxwell Road. PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) SCHEDULE G Civic Center Expansion $2,907 - Expansion of the 1989 Civic Center per the Civic Center Master Plan to provide sufficient building space and parking due to growth and development. The Civic Center Master Plan was updated in July 2001 to include the Otay Ranch impacts. Police Facility $1,760 - Accommodation of the building space needs per the Civic Center Master Plan, which included the newly constructed police facility, upgrading of the communications center and installation of new communication consoles. Also included is the purchase and installation of a computer aided dispatch system (CAD), Police Records Management System, and Mobile Data Terminals. Libraries $1,671 - Improvements include construction of the South Chula Vista library and Eastern Territories libraries, and installation of a new automated library system. This component is based on the updated Library Master Plan. Major Recreation Facilities $1,269 – New component adopted in November 2002 to build major recreation facilities created by new development such as community centers, gymnasiums, swimming pools, and senior/teen centers. FY 16/17 ACTIVITY Fire Suppression System $1,469 - Projects include the relocation of Fire Stations #3 & #4, construction of a fire training tower and classroom, purchase of a brush rig, installation of a radio communications tower and construction of various fire stations in the Eastern section of the City. This fee also reflects the updated Fire Station Master Plan, which includes needs associated with the Otay Ranch development. 2017-12-19 Agenda Packet Page 98 Police Corp Yard Fire Supp.Rec. Gen. Admin.Civic Center (1)Facility Relocation Libraries System Facilities 571 567/572 573 574 575 576 582 TOTAL Beginning Balance, 07/01/16 5,078,435$ 3,949,321$ (3,709,292)$ 1,117,548$ 14,591,386$ (11,164,969)$ (1,947,427)$ 7,915,002$ Revenues: DIF Revenues 335,837 728,492 996,554 235,659 921,107 612,534 699,473 4,529,656 Investment Earnings 17,008 10,142 (30,643) 3,452 49,196 (131,318) (19,217) (101,380) Other Revenue - - - - - - - Reimbursement - Oth Agencies - - - - - - - - Transfer In - - - - - - - - Total Revenues 352,845 738,634 965,911 239,111 970,303 481,216 680,256 4,428,276 Expenditures: Personnel Services Total - - - - - - - - Supplies & Services (3,720) (2,205) - (633) (6,304) (1,500) - (14,362) City Staff Services (122,580) (1,057) - (303) (3,023) - - (126,963) Other Expenses (1,211) (1,204) - (346) (3,443) - - (6,204) CIP Project Expenditures - - - - - - - - Transfer Out (Bounded Debt Services)(2,754,946) (1,595,640) (727,593) - - - (5,078,179) Transfer Out (Interfund Loan Repayment)- - - - Total Expenditures (127,511) (2,759,412) (1,595,640) (728,875) (12,770) (1,500) - (5,225,708) Unaudited Ending Balance, 06/30/17 5,303,769$ 1,928,543$ (4,339,021)$ 627,784$ 15,548,919$ (10,685,253)$ (1,267,171)$ 7,117,570$ NOTE:(1) This fund includes the amount set aside for the acquisition of the Adamo property in Fund 567. SCHEDULE G.1 PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) FY 16/17 ACTIVITY 2017-12-19 Agenda Packet Page 99 Description of Fee: In lieu fee for providing neighborhood community park and recreational facilities. Adquisition Development Total Areas East of I-805 Fee Fee Fee Amount of the Fee:$12,676 $5,549 $18,225 per single family dwelling unit $9,408 $4,118 $13,526 per multi-family dwelling unit $5,932 $2,597 $8,529 per mobile home dwelling unit Areas West of I-805 Amount of the Fee:$4,994 $5,549 $10,543 per single family dwelling unit $3,707 $4,118 $7,825 per multi-family dwelling unit $2,337 $2,597 $4,934 per mobile home dwelling unit FY 16/17 FUND BALANCE INFORMATION: FUND 715 FUND 716 PAD FUND WPAD FUND Beginning Balance, 07/01/16 43,245,875$ 106,191$ Revenues: Park Dedication Fees 470,567 355 Interest Earned 111,607 - Transfer In 80,000 - Total Revenues 662,174 355 Expenditures: Supplies and Services (14,581) - City Staff Services (6,991) Other Expenditures (7,963) Other Refunds (856,424) - Transfer Out Interfund Loan Repayment)- (80,000) CIP Project Expenditures (31,714) - Total Expenditures (917,673) (80,000) Unaudited Ending Balance, 06/30/17(1)42,990,376$ 26,546$ PARKLAND ACQUISITION AND DEVELOPMENT (PAD FEES) FY 16/17 ACTIVITY 2017-12-19 Agenda Packet Page 100 FY 16/17 CIP EXPENDITURES: PROJECT Total Appropriation% Of Project Funded Future Construction PROJECT DESCRIPTION EXPENDITURES at 6/30/17 by PAD Fees Appropriations Start PR308 P-3 Neighborhood Park (ORV2)30,882 122,000 100.00%2009 PR309 P-2 Neighborhood Park (ORV2)832 122,000 100.00%2009 TOTAL EXPENDITURES 31,714$ 244,000$ FY 16/17 INTERFUND LOAN INFORMATION: Oustanding Description of Loan:Loan Amount Advance from Eastern PAD Fund to Western PAD Fund affirmed and consolidate via Council Resolution No. 2015-034 on February 17,2015 $9,219,238 (1) The ending balance includes fees paid by specific developers for specific parks within those development. PARKLAND ACQUISITION AND DEVELOPMENT (PAD FEES) FY 16/17 ACTIVITY 2017-12-19 Agenda Packet Page 101 For the enlargement of sewer facilities of the City so as to enhance efficiency of utilization and/or adequacy of capacity and for planning and/or evaluating any future proposals for area wide sewage treatment and or water reclamation systems or facilities. Amount of the Fee:3,584$ per equivalent dwelling unit of flow. FY 16/17 CASH BALANCE INFORMATION: FUND 413 TRUNK SEWER (TS) Beginning Balance, 07/01/2016 43,432,247$ Revenues Interest Earned 145,700 Sewerage Facility Participant Fees 2,208,737 DIF-Swr Basin Tel Cyn 7,097 Transfer In 100,000 Reimb-Other 4,005 Total Revenues 2,465,540 Expenditures: Supplies & Services (18,733) City Staff Services (8,981) Other Expenditures (10,230) CIP Project Expenditures (357,094) Total Expenditures:(395,038) Unaudited Ending Balance, 06/30/17 45,502,749$ TRUNK SEWER CAPITAL RESERVE FY 16/17 ACTIVITY Description of Fee: 2017-12-19 Agenda Packet Page 102 FY 16/17 EXPENDITURES: PROJECT Total Approp.% Of Project Funded Future Construction PROJECT DESCRIPTION EXPENDITURES at 6/30/17 by TRUNK SEWER Appropriations Start SW223 Wastewater Master Plan 2,446 2,445 100.00%- 2001 SW266 Oxford Street Sewer Improvement 599 599 100.00%- 2011 SW272 Moss St Swr Improv. at Railroad Crossing 2,358 85,565 100.00%- 2012 SW274 East H Street Sewer Main Upsize 829 1,494,795 100.00%- 2013 SW275 Reline Force Mn @G St Pump Stn 124,314 1,650,000 98.99%2013 SW291 J St Junction Box Swr Study 689 99,913 100.00%2015 SW292 Indtrl Blvd &Main St Swr Imprv 225,859 454,455 100.00%- 2016 TOTAL EXPENDITURES 357,094$ 3,787,772$ FY 16/17 INTERFUND LOAN INFORMATION: Oustanding Description of Loan:Loan Amount $19,415,983 Advance to Salt Creek Sewer DIF affirmed and consolidate via Council Resolution No. 2015-029 on February 17,2015 TRUNK SEWER CAPITAL RESERVE FY 16/17 REVENUES AND EXPENDITURES 2017-12-19 Agenda Packet Page 103 City of Chula Vista Staff Report File#:17-0511, Item#: 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF THE IRREVOCABLE OFFER OF DEDICATION OF LOTS “F” AND “G” FOR OPEN SPACE PURPOSES PER FINAL MAP NO. 15942, CHULA VISTA TRACT NO. 09-03, OTAY RANCH MILLENIA (EASTERN URBAN CENTER) RECOMMENDED ACTION Council adopt the resolution. SUMMARY Genesis New Homes, LLC is constructing a residential development within the southeast quadrant of the Millenia master planned community located at the southwest corner of Eastlake Parkway and Optima Street (see Attachment 1). The builder is proposing the construction of 102 townhomes, construction that will encroach into previously dedicated open space lots. The Open Space lots are owned and maintained by the Master HOA. This action will extinguish the City’s interest in the Open Space Lots so that the builder can create a modified parcel configuration that will not impact the area of the open space. In accordance with Section 7050 of the California Government Code and Chapter 4, Section 8335 of the California Streets and Highways Code, this type of vacation may be performed summarily through adoption of a resolution. ENVIRONMENTAL REVIEW Environmental Notice The Project was adequately covered in previously adopted/certified Final Second Tier Environmental Impact Report (EIR 07-01) for the Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan. Environmental Determination The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was adequately covered in previously adopted/certified Final Second Tier Environmental Impact Report (EIR 07-01) for the Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan. Thus, no further environmental review or documentation is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION Final Map No. 15942, Chula Vista Tract No 09-03, Otay Ranch Millenia (Eastern Urban Center), was recorded on September 23, 2013 and included irrevocable offer of dedications (“IODs”) for Lots “F” and “G” for Open Space Purposes to the City of Chula Vista. The City did not accept the lots as the slopes are to be HOA-maintained. Section 7050 of the Government Code of the State of California City of Chula Vista Printed on 12/14/2017Page 1 of 3 powered by Legistar™2017-12-19 Agenda Packet Page 104 File#:17-0511, Item#: 5. slopes are to be HOA-maintained. Section 7050 of the Government Code of the State of California states that an IOD remains open and is subject to future acceptance by the City. Amending the boundary of the open space lots therefore requires the vacation of the IODs. Currently, the City is processing construction plans for the Genesis New Homes, LLC, “Otay Ranch Millenia Genesis Phase 2” Project located in Lots 7 and 8 of Final Map No. 15942, which are to the west of the Open Space Lots “F” and “G” (see Attachment 1). The “Otay Ranch Millenia Genesis Phase 2” Project will consist of 102 attached townhomes for sale with 222 parking spaces on-site and 40 off-site parking spaces, recreation areas, and associated open space. The proposed design of the buildings will encroach into Lots “F” and “G”, requiring a boundary adjustment. This adjustment will not impact the net amount of open space, since the exiting open space area created with Map No. 15942 is 1.420 acres (Lot “F” with 0.650 AC and Lot “G” with 0.770 AC) and the proposed open space lot to be created with the boundary adjustment will be 1.421 acres. The encroachments will range from 2 to 6.5 feet in width along the boundary of the open space lots. A new IOD for Open Space Purposes reflecting the new boundary will be dedicated to the City on the Final Map for the project. With today’s action the City will abandon the IODs recorded with the Final Map No. 15942 in September 23, 2013 based on Section 7050 of the Government Code, which states that an Offer of Dedication may be terminated and the right to accept such an offer may be abandoned in the manner prescribed for the summary vacation of streets or highways by Part 3 (commencing with Section 8300) of Division 9 of the Streets and Highways Code. The abandonment of the subject IODs requires the adoption of a resolution of vacation by the City Council and recordation of a certified copy of the resolution attested to by the City Clerk. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The proposed action addresses the Operational Excellence goal as it supports the construction of a balanced community with the open space lots around it. CURRENT YEAR FISCAL IMPACT All costs associated with abandoning the IODs is borne by the applicant, resulting in no net fiscal impact to the General Fund or Development Services Fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact associated with the abandonment of the IODs. City of Chula Vista Printed on 12/14/2017Page 2 of 3 powered by Legistar™2017-12-19 Agenda Packet Page 105 File#:17-0511, Item#: 5. ATTACHMENTS Attachment 1: Location of Property Attachment 2: Plat of the Areas Where Project will Encroach the Open Space Lots Staff Contact: Sandra Hernandez, Associate Engineer City of Chula Vista Printed on 12/14/2017Page 3 of 3 powered by Legistar™2017-12-19 Agenda Packet Page 106 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF THE IRREVOCABLE OFFER OF DEDICATION OF LOTS “F” AND “G” FOR OPEN SPACE PURPOSES PER FINAL MAP NO. 15942, CHULA VISTA TRACT NO. 09-03, OTAY RANCH MILLENIA (EASTERN URBAN CENTER) WHEREAS, an Irrevocable Offer of Dedication in Fee Interest of Lots “F” and “G” was acknowledged by the City of Chula Vista for Open Space Purposes as shown on Final Map No. 15942, filed in the Office of the County Recorder of San Diego County on September 23, 2013; and WHEREAS, the boundary of Lots 7 and 8 and Open Space Lots “F” and “G” of Map No. 15942 needs to be reconfigured to accommodate the proposed site plan on Lots 7 and 8; and WHEREAS, the Irrevocable Offer of Dedication in Fee Interest offered to the City for Lots “F” and “G” on Final Map No. 15942 will need to be vacated and will be superseded with a new Irrevocable Offer of Dedication in Fee Interest that will be offered to the City on a Final Map that Genesis New Homes, LLC will file for Lots 7 and 8; and WHEREAS, in accordance with Section 7050 of the California Government Code and Chapter 4, Section 8335 of the California Streets and Highways Code, the vacation of Lots “F” and “G” may be performed summarily through adoption of a resolution ordering said summary vacation; and WHEREAS, in accordance with Section 7050 of the California Government Code, such offer of dedication may be terminated and the right to accept such offer abandoned; and WHEREAS, City Council hereby finds that the Irrevocable Offer of Dedication in Fee Interest of Lots “F” and “G” for Open Space Purposes, as shown on Final Map No. 15942, Chula Vista Tract No 09-03, Otay Ranch Millenia (Eastern Urban Center), will be superseded by a subsequent Irrevocable Offer of Dedication. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby orders the summary vacation of Lots “F” and “G,” according to map thereof No. 15942, incorporated herein by reference as if set forth in full. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this resolution of vacation in the office of the San Diego County Recorder concurrently with the recordation of the final map offering the newly configured Irrevocable Offer of dedication. Presented by:Approved as to form by: 2017-12-19 Agenda Packet Page 107 Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney 2017-12-19 Agenda Packet Page 108 ATTACHMENT 1 2017-12-19 Agenda Packet Page 109 2017-12-19 Agenda Packet Page 110 City of Chula Vista Staff Report File#:17-0494, Item#: 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2018 RECOMMENDED ACTION Council adopt the resolution. SUMMARY The Internal Revenue Code requires that the Section 125 Cafeteria Benefits Plan offered by the City to its employees be in a written document and that the document be formally adopted by the City Council on or before the first day of the plan year. Adoption by resolution of the attached plan document fulfills the City’s obligation for the 2018 plan year. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Determination The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 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 required. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION In June 1998, the City established its first Section 125 Cafeteria Benefits Plan. In compliance with Internal Revenue Code §125(d) the City Council annually adopts a written plan document prior to the first day of the plan year. The first day of the City’s plan year is January 1, 2018. This Plan Document lays out how the City offers eligible employees the choice between cash and certain nontaxable benefits (such as health insurance), thereby allowing employees to pay for the benefits they choose on a pre-tax basis. The specific health plans offered and their structure are not part of this Cafeteria Plan Document. They are included in what is known as the Summary Plan Document that was given to eligible City of Chula Vista Printed on 12/14/2017Page 1 of 3 powered by Legistar™2017-12-19 Agenda Packet Page 111 File#:17-0494, Item#: 6. They are included in what is known as the Summary Plan Document that was given to eligible employees as part of their open enrollment materials to assist them in making their benefit choices. The plans offered and their structure are determined after our broker, Marsh & McLennan Agency, extensively markets and negotiates with providers to provide coverage comparable to the prior year while keeping the increase in costs to the City and its benefited employees to a minimum. All employee groups are advised of the offers and the plan structures that will provide the least increase in premium costs. Under current cafeteria plan regulations having an approved written plan is critical. Without a written plan or if the written plan does not comply with applicable requirements regarding content and timing of adoption, then the plan is not a cafeteria plan and employees’ elections will be taxable. The City has timed its open enrollment period for 2018 to comply with these regulations and to meet provider cutoff deadlines for enrollment to ensure employees are covered without interruption. The City’s Plan includes the following required information: ·Description of available benefits ·Participation rules ·Election procedures ·Manner of contributions ·Maximum amount of contributions ·The plan year ·The plans provisions for complying with flexible spending arrangements (FSAs) The attached Plan incorporates all of the operating rules prescribed in Code §125 and the regulations thereunder. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Adopting the City’s Cafeteria Benefit Plan document supports the Operational Excellence goal as it helps attract and retain quality employees. A Cafeteria Benefit Plan is an advantage for both the City and its employees because it allows health premiums to be deducted on a pre-tax basis. For the employee, it reduces the amount of federal and state taxes the employee has to pay. For the City, it reduces its City of Chula Vista Printed on 12/14/2017Page 2 of 3 powered by Legistar™2017-12-19 Agenda Packet Page 112 File#:17-0494, Item#: 6. payroll tax liability. CURRENT YEAR FISCAL IMPACT Staff assumed a 10% increase in medical premiums in the fiscal year 2017/18 budget, based on preliminary information from the City’s insurance brokers. The City spent $13.3 million in fiscal year 2016/17 on these benefits for all funds. ONGOING FISCAL IMPACT Flex Allotments are negotiated with the City’s bargaining groups. Unrepresented employees and elected officials also receive Flex Allotments. With the exception of Public Safety bargaining groups, the City shares the cost of medical insurance premium increase on a 50/50 basis. The 50/50 cost sharing formula utilizes the average cost increase of family premiums of non-indemnity health plans. Then to determine the next plan year’s Flex Allotment, 50% of the average increase is added to the current year’s Flex Allotment amount. For Public Safety bargaining groups, the City assumes the full cost of the medical premium increases for the Kaiser plan. The increases reflected on the tables below illustrate the increase in the medical insurance premiums on an annual basis. The impact to future budgets and the five-year financial forecast will depend on the outcome of negotiations with the City’s bargaining groups and the changes in medical insurance premiums. ATTACHMENTS 1. 2018 City of Chula Vista Cafeteria Benefits Plan Document 2. Exhibit A - Health Care & Dependent/Child Care Flexible Spending Accounts 3. Exhibit B - Voluntary Plan (Hartford) 4. Exhibit C - Employee Assistance Program (EAP) Staff Contact: Courtney Chase City of Chula Vista Printed on 12/14/2017Page 3 of 3 powered by Legistar™2017-12-19 Agenda Packet Page 113 RESOLUTION NO. 2017-__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2018 WHEREAS, the Internal Revenue Code requires that the Section 125 Cafeteria Benefits Plan offered by the City to its employees be in a written document and that the document be formally adopted by the City Council on or before the first day of the plan year; and WHEREAS, in June 1998, the City established its first Section 125 Cafeteria Benefits Plan; and WHEREAS, in compliance with Internal Revenue Code §125(d) the City Council annually adopts a written plan document prior to the first day of the plan year; and WHEREAS, the first day of the City’s plan year is January 1, 2018; and WHEREAS, this Plan Document lays out how the City offers eligible employees the choice between cash and certain nontaxable benefits (such as health insurance), thereby allowing employees to pay for the benefits they choose on a pre-tax basis; and WHEREAS, the specific health plans offered and their structure are not part of this Cafeteria Plan Document; and WHEREAS, they are included in what is known as the Summary Plan Document that was given to eligible employees as part of their open enrollment materials to assist them in making their benefit choices; and WHEREAS, the plans offered and their structure are determined after our broker,Marsh & McLennan Agency, extensively markets and negotiates with providers to provide coverage comparable to the prior year while keeping the increase in costs to the City and its benefited employees to a minimum; and WHEREAS, all employee groups are advised of the offers and the plan structures that will provide the least increase in premium costs; and WHEREAS, under current cafeteria plan regulations having an approved written plan is critical; and WHEREAS, without a written plan or if the written plan does not comply with applicable requirements regarding content and timing of adoption, then the plan is not a cafeteria plan and employees’ elections will be taxable; and WHEREAS, the City has timed its open enrollment period for 2018 to comply with these regulations and to meet provider cutoff deadlines for enrollment to ensure employees are covered without interruption; and 2017-12-19 Agenda Packet Page 114 Resolution No. 2016-__________ Page 2 WHEREAS, The City’s Plan includes the following required information: description of available benefits, participation rules, election procedures, manner of contributions, maximum amount of contributions, the plan year, and the plans provisions for complying with flexible spending arrangements (FSAs). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the City of Chula Vista Cafeteria Benefits Plan for 2018, a copy of which is on file in the City Clerk’s Office, and which, inter alia, is that plan document required by IRC §125. Presented by Approved as to form by _________________________________ _________________________________ Courtney Chase Glen Googins Director of Human Resources City Attorney 2017-12-19 Agenda Packet Page 115 CAFETERIA BENEFITS PLAN FOR THE CITY OF CHULA VISTA Amended and Restated as of January 1, 2018 Established June 1998 Human Resources Department City of Chula Vista 2017-12-19 Agenda Packet Page 116 2 SECTION 125 CAFETERIA BENEFIT PLAN ADOPTION AGREEMENT The undersigned Employer hereby adopts the Section 125 Cafeteria Benefit Plan for those Employees who shall qualify as Participants hereunder. The Employer hereby selects the following Plan Specifications: A.EMPLOYER INFORMATION Name of Employer:City of Chula Vista Address:276 Fourth Ave. Chula Vista, CA 91910 Employer Tax ID: 95-6000690 Nature of Business:Municipal Government Name of Plan:City of Chula Vista Cafeteria Benefits Plan B.EFFECTIVE DATE Original Effective Date of Plan:June 1998 Effective Date of Amendment:January 1, 2018 C. ELIGIBILITY REQUIREMENTS FOR PARTICIPATION Eligibility requirements for each component plan under this Section 125 document will be applicable and, if different, will be listed in Item F. Employee Status:(1) Benefited-Salaried Employees: Directly employed by the City of Chula Vista in a full- or part-time benefited status. Part- time benefited-salaried employees must be authorized to work at least half-time or 40 hours biweekly. (2) Full-time Hourly Employees: Directly employed by the City of Chula Vista who are expected and scheduled to work 30 or more hours per week. (3) Eligible Variable-Hour Hourly Employees: Variable-hour Hourly employees as defined by the Affordable Care Act (ACA) working an average of 30 or more creditable service hours per 2017-12-19 Agenda Packet Page 117 3 week during the Standard Measurement Period. Eligibility is determined annually. Length of Service:(1) Benefited-Salaried and Full-time Hourly Employees: First day of employment in a benefited status. (2) Eligible, Variable-Hour Hourly Employees: First of the month which occurs 60 days following the City’s Measurement Period. D. PLAN YEAR The current plan year will begin on January 1, 2018, and end on December 31, 2018. E. EMPLOYER CONTRIBUTIONS Non-Elective Contributions: (Benefited-Salaried Employees, except members of POA and IAFF bargaining groups) Flexible Plan Allotment The maximum amount available to each Participant for the purchase of certain elected benefits (Group Medical Insurance, Group Dental Insurance, Group Vision, Health Care and Dependent/Child Care Flexible Spending Accounts, and Cash Payment Option) with non-elective contributions will be: ACE $14,114 Confidential $14,614 EXEC, CMGR, CCLK $17,390 MM,PROF $14,990 MMCF,MMUC,PRCF,PRUC $14,990 SM $15,990 WCE $14,990 Elected Officials $17,390 Non-Elective Contributions (POA and IAFF members): For Employees represented by POA/IAFF: The employer pays the full cost of the Kaiser Permanente Plan for employees and their dependents or the annual premium varies based on labor contract. For dental coverage the City will pay an amount equal to the pre-paid dental premium for the coverage level elected. 2017-12-19 Agenda Packet Page 118 4 Non-Elective Contributions (Eligible Hourly Employees): The annual maximum amount available for each employee for the purchase of group “Employee Only” medical insurance coverage is $1,800. Other plan components of this Section 125 are not available. Elective Contributions (Salary Reduction): Each Participant may authorize the Employer to reduce his or her compensation by the amount needed for the purchase of benefits elected, less the amount of non- elective contributions. An election for salary reduction will be made via online enrollment through BeneTrac. F. AVAILABLE BENEFITS Each of the following components should be considered a plan that comprises this Plan. 1.Group Medical Insurance Mandatory for all Benefited- Salaried Employees in the POA and IAFF classifications. Benefited-Salaried Employees in all other groups can waive medical insurance if they are covered by their City Employee Spouse or they can provide evidence of Other Qualified Coverage. Medical enrollment is optional for Eligible Hourly Employees. The terms, conditions, and limitations for the Group Medical Insurance will be as set forth in the insurance policy or policies described below: (See Section V of the Plan Document). 2.Group Dental Insurance Optional for all Benefited- Salaried Employees. Group dental insurance is not available to Eligible Hourly Employees. The terms, conditions and limitations for the Group Dental Insurance will be as set forth in the insurance policy or policies described below: (See Section V of the Plan Document). 2017-12-19 Agenda Packet Page 119 5 3.Group Vision Insurance Optional for all Benefited-Salaried Employees. Group vision insurance is not available to Eligible Hourly Employees. The terms, conditions and limitations for the Group Vision Insurance will be as set forth in the insurance policy or policies described below: (See Section V of the Plan Document). 4.Health Care Flexible Spending Account Optional for all Benefited-Salaried Employees. Health Care Flexible Spending Accounts are not available to Eligible Hourly Employees. The terms conditions and limitations for the Health Care Flexible Spending Account will be as set forth in Section VI of the Plan Document and described below: Minimum Coverage: $24 per Plan Year Maximum Contribution: $2,650 from all sources per Plan Year. Recordkeeper: WageWorks 5.Dependent Care Flexible Spending Account Optional for all Benefited-Salaried Employees. Dependent Care Flexible Spending Accounts are not available to Eligible Hourly Employees. The terms conditions and Limitations for the Dependent Care Flexible Spending Account will be as set forth in Section VII of the Plan Document and described below: Minimum coverage: $24 per Plan Year Maximum Coverage: $5,000 per plan year from all sources ($2,500 per plan year from all sources for a married employee filing separate tax returns). Recordkeeper: WageWorks 6.Cash Payment Option Optional for all Benefited-Salaried Employees. Cash Payment Option is not available to Eligible Hourly Employees. Some Flex Plan Allotment remaining after electing mandatory medical coverage may be allotted to this taxable option. 7. The following benefits are only available through Elective Contributions (Salary Reduction) for Benefited- Salaried Employees: Hartford Group Critical Illness Hartford Group Hospital Indemnity Plan Hartford Group Accident Plan 2017-12-19 Agenda Packet Page 120 6 Hartford plans are not available to Eligible Hourly Employees The terms condition and limitations for the Hartofrd programs will be as set forth in Section VIII of the Plan Document. Administered by: Hartford 8. Employee Assistance Program This free and confidential service is available to benefited employees and their household members. The terms condition and limitations for the EAP program will be set forth in Section IX of the Plan Document. Administered by: Optum Health Care Solctions, LLC The Plan shall be construed, enforced, administered, and the validity determined in accordance with the applicable provisions of the Employee Retirement Income Security Act of 1974 (as amended) if applicable, the Internal Revenue Code of 1986 (as amended), and the laws of the State of California. Should any provision be determined to be void, invalid, or unenforceable by any court of competent jurisdiction, the Plan will continue to operate, and for purposes of the jurisdiction of the court only, will be deemed not to include the provision determined to be void. This Plan is hereby adopted the 19th day of December, 2017. By: MARY SALAS Title: City Mayor 2017-12-19 Agenda Packet Page 121 7 SECTION 125 CAFETERIA BENEFITS PLAN SECTION 1 PURPOSE The Employer is establishing this Cafeteria Benefits Plan in order to make a broader range of benefits available to its Employees and their Dependents. The Plan allows Employees to choose among different types of benefits and select the combination best suited to their individual goals, desires, and needs. These choices include an option to receive certain benefits in lieu of taxable compensation. In establishing this Plan, the Employer desires to attract, reward, and retain highly qualified, competent employees, and believes this Plan will help achieve that goal. It is the intent of the Employer to establish this Plan in conformity with Section 125 of the Internal Revenue Code of 1986, as amended, and in compliance with applicable rules and regulations issued by the Internal Revenue Service. This Plan will grant to eligible Employees an opportunity to purchase qualified benefits, which when purchased alone by the Employer, would not be taxable. SECTION II DEFINITIONS The following words and phrases appear in this Plan and will have the meaning indicated below unless a different meaning is plainly required by the context: “Administrator”means the Human Resources Department of the City of Chula Vista, or other such person or entity that it appoints as its designee. “Annual Enrollment Period” means the period designated by the Administrator which precedes the commencement of each Plan Year during which Eligible Employees can elect or modify the amount contributed for Benefits. “Applicable Law” means the Internal Revenue Code of 1986, and the same as may be amended from time to time, plus all regulations promulgated with respect thereto. Reference to any section or subsection of the Code includes reference to any comparable or succeeding provision of any legislation which amends, supplements or replaces such section or subsection. “Benefit Package Option”means a qualified benefit under Code Section 125 (f) that is offered under the Cafeteria (Flexible) Benefits Plan, or an option for coverage under an underlying health plan (such as an HMO or PPO option under a health plan). 2017-12-19 Agenda Packet Page 122 8 “Benefits”or “Qualified Benefits”means the following benefits available under the Flex Plan: (a)Group Medical Insurance (b) Dependent Care Flexible Spending Account (c) Health Care Flexible Spending Account (d) Cash Payment Option (Post-Tax) (e) Health Premiums for Non-Tax Qualified Dependents (Post- Tax) (f) Group Vision Insurance (g) Group Dental Insurance (h) Certain Hatford Plans available via salary reduction only In order for a benefit to be qualified, a participant must also meet federal and/or state tax requirements, including Code Section 152, etc. “Child”means for these purposes will include (1) a natural child, (2) a stepchild, (3) a legally adopted child, (4) a child placed with the employee for legal adoption, (5) a foster child and (6) a child placed under the legal guardianship of the employee. In addition and in order to comply with OBRA 1993: a child will include a child for whom the employee or covered dependent spouse or Life Partner is required to provide coverage due to a Medical Child Support Order. A Qualified Medical Child Support Order (QMCSO) will also include a judgment, decree or order issued by a court of competent jurisdiction or through an administrative process established under state law and having the force and effect of law. “Code” means the Internal Revenue Code of 1986, as amended. “Health Care Flexible Spending Account ”Shall have the meaning assigned to it by Section 6.01 of the Plan attached hereto as Exhibit A. “Dependent” means an individual including: (a)Participant’s legal spouse; (b)Life Partner (see definition of Life Partner) (c)Child of the employee, spouse or Life Partner who is under 26 years of age; And (d)Unmarried child of any age of the employee, spouse or Life Partner who is incapable of self-support due to mental or physical handicap and such handicap began before attainment of limiting age “Dependent Care Flexible Spending Account”shall have the same meaning assigned to it by Section 6.02 of the Plan Attached hereto as Exhibit A. “Effective Date” of this Flex Plan was June 1998. 2017-12-19 Agenda Packet Page 123 9 “Eligible Employee”means any active, full- or part-time employee of the City of Chula Vista employed in a benefited-salaried status. “Eligible Hourly Employee” means full-time hourly employee as defined by the Affordable Care Act. “Employee”means an individual that the Employer classifies as active, full-time or part-time, who is on the Employer’s W-2 payroll, include elected and appointed officials but does not include the following: (a) any leased employee or an individual classified as a contract worker, independent contractor, temporary employee or casual employee for the period during which such individual is so classified, whether or not any such individuals are on the Employer’s W-2 payroll or determined by the IRS or others or be common-law employees of the Employer; (b) any individual who performs services for the Employer but who is paid by a temporary or other employment or staffing agency for the period during which such individual is paid by such agency, whether or not such individual is determined by the IRS or others to be common-law employees of the Employer. “Employer” means the City of Chula Vista. “Enrollment Period”means the period designated by the Administrator which allows employees to select Benefits for the Plan Year. For new hires, Enrollment Period shall be the first 30 days following each new Eligible Employee’s hire date. For existing employees, the window during which they may add or drop their health insurance, or make changes to their coverage is called Open Enrollment Period. “Entry Date” shall mean the date that an Eligible Employee shall become a Participant: (a)on the first day of the Plan Year if the Eligible Employee’s elections are made during the annual Enrollment Period, or (b) on the first day of hire date, provided the new hire makes such request within 30 days after the date of employment, or (c) on the first day coinciding with the date of satisfying the plan’s eligibility requirements. “FMLA”means the Family and Medical Leave Act of 1993, as amended. “Plan Year”means the twelve-month period commencing on January 1 and ending on December 31st. “Health Plan” means the group medical, dental and vision plans maintained by the City for its employees, as amended from time to time and are automatically incorporated by reference under this Cafeteria Benefits Plan. A Participant may request a copy of the plan(s) from the Human Resources Benefits Division. 2017-12-19 Agenda Packet Page 124 10 “HIPAA” Means the Health Insurance Portability and Accountability Act of 1996 as amended. “Life Partner”means: both the employee and his/her partner are eighteen (18) years of age or older and are capable of consenting to the domestic partnership; neither can be married to another or be a member of another domestic partnership; cannot be related by blood in a way that would prevent them from being married to each other in this state; they must share the same principal place of abode, with the intent to continue doing so indefinitely (this means that both partners share the same residence, however, it is not necessary that the legal right to possess the common residence be in both names); They are jointly financially responsible for “basic living expenses; defined as basic food, water, shelter, and any other basic living expenses. Life partners do not need to contribute equally to the cost of these expenses as long as they agree that both are responsible for the cost; neither have had a different domestic partner in the last six (6) months unless a previous domestic partnership terminated by death. “Non-elective Contribution(s)”means any amount which the Employer, pursuant to Labor Agreements, contributes on behalf of each Participant to provide benefits for such Participant and his or her Dependents, if applicable, under one or more of the Benefit Plan Options offered under the Plan. The amount shall be calculated for each plan year in a uniform and nondiscriminatory manner and in the case of POA and IAFF employees will be based upon the Participant’s elected coverage dependent status, and for all others may be based on the commencement or termination date of the Participant’s employment during the Plan Year, and such other factors as the Employer shall prescribe. To the extent set forth in the enrollment material, the Employer may make non-elective contribution available to Participants and allow Participants to allocate the Non-elective Contributions among the various Benefit Plan Options offered under the Plan in a manner set forth in the enrollment material. In no event will any Non-elective Contribution be disbursed to a Participant in the form of additional, taxable Compensation except as otherwise provided in the enrollment material. “Other Qualifying Medical Coverage” means other employer-sponsored medical benefits that provide Minimum Essential Coverage as defined in the Affordable Care Act (ACA), and does not include Medicare, Medi-Cal and benefits purchased through an Exchange as established under the ACA. “Participant”means an Eligible Employee. “Period of Coverage” means that portion of the Flex Plan Year for which one is a Participant. In no event shall the period of coverage commence prior to, nor terminate after, the commencement and ending dates of the Flex Plan Year. “Qualified Benefits” means any benefit excluded from the Employee’s taxable income under Chapter 1 of the Code other than Sections 106 (b), 117,124, 127 or 132 and any other benefit permitted by the Income Tax Regulations (i.e. any premiums for 2017-12-19 Agenda Packet Page 125 11 Life Partners who are not otherwise tax qualified dependents). Long term care is not a “Qualified Benefit.” SECTION III ELGIBILITY, ENROLLMENT, AND PARTICIPATION 3.01 ELIGIBILITY: Each Employee of the Employer who has met the eligibility requirements of Item C of the Adoption Agreement will be eligible to participate in the Plan on the entry date specified or the effective date of the Plan, which ever is later. The Employer must notify the Employee of his eligibility to participate in the Plan so that the Employee shall complete the necessary enrollment forms on or before the entry date. 3.02 ENROLLMENT: An eligible Employee may enroll (or re-enroll) in the Plan by online enrollment through BeneTrac, during an Enrollment Period, which specifies his or her benefit elections for the Plan Year and which meets such standards for completeness and accuracy as the Employer may establish. A Participant’s online enrollment shall be completed prior to the beginning of the Plan Year, and shall not be effective prior to the date such form is submitted to the Employer. Any online enrollment by a Participant in accordance with this Section shall remain in effect until the earlier of the following dates: the date the Participant terminates participation in the Plan; or, the effective date of a subsequently completed online enrollment. A Participant’s right to elect certain benefit coverage shall be limited hereunder to the extent such rights are limited in the Policy. Furthermore, a Participant will not be entitled to revoke an election after a period of coverage has commenced and to make a new election with respect to the remainder of the period of coverage unless both the revocation and the new election are on account of and consistent with a change in status, or other allowable events, as determined by Section 125 of the Code and the regulations thereunder. Notwithstanding anything to the contrary herein, to the extent required by the Health Insurance Portability and Accountability Act of 1996, the Plan shall permit special enrollment period for employees who have previously declined coverage under the Plan; a new dependent may also justify a special enrollment period. 3.03 DEFAULT ENROLLMENT: Except for POA and IAFF employee groups, all new hire Benefited-Salaried employees who fail to make their elections within 30 days of their hire date will automatically be enrolled in the City’s least costly medical plan with Employee Only coverage. POA and IAFF employees will be automatically enrolled in the Kaiser “Employee Only” plan. 2017-12-19 Agenda Packet Page 126 12 During Open Enrollment, employees who do not complete enrollment within the Open Enrollment period will have their current medical, dental, vision and life insurance automatically continued in to the next Plan year as if the Employee elected to keep them. All other coverage, including Health Care and Dependent Care Flexible Spending Accounts will stop. Except for POA and IAFF employees, any Flex Plan Allotment funds remaining after the health coverage election will be placed in the taxable Cash Payment Option. 3.04 TERMINATION OF PARTICIPATION: A Participant’s coverage will stop on the last day of the month in which eligibility ends for any of the following reasons: a. The date the Participant terminates employment by death, disability, retirement or other separation from service; or b. The date the Participant ceases to work for the Employer as an eligible Employee; c. The date of termination of the Plan; d. The first date a Participant fails to pay required contributions while on a leave of absence with benefits, or e. The date an employee begins a leave of absence without benefits. Dependent coverage will end the earlier of the last day the employee’s coverage ends or on the last day of the month in which he or she is no longer an eligible Dependent. 2017-12-19 Agenda Packet Page 127 13 3.05 SEPARATION FROM SERVICE: The Employer shall, on a reasonable and consistent basis, permit an Employee who separates from the employment service of the Employer during a Plan Year to revoke his existing elections and terminate the receipt of benefits for the remaining portion of the Plan Year. 3.06 QUALIFYING LEAVE UNDER FAMILY AND MEDICAL LEAVE ACT: Notwithstanding any provision to the contrary in this Plan, if a Participant goes on a qualifying paid or unpaid leave under the Family and Medical Leave Act of 1993 (FMLA), to the extent required by the FMLA, the Employer will continue to maintain the Participant’s existing coverage under the Plan with respect to the benefits under Section V and Section VI of the Plan on the same terms and conditions as though they were still an active Employee. If the Employee fails to return to work after such leave for any reason other than the serious illness of the employee or the family member for whom the leave was granted or through no fault of the employee, they will be required to pay all Cafeteria Benefits Plan monies paid to them, or on their behalf during the absence. 3.07 COVERAGE WHILE ON A LEAVE OF ABSENCE WITH BENEFITS: Employees who are authorized to take a leave with benefits (e.g. Military Leave as approved by the City Council) will continue to be covered under the Plan until the expiration of their leave. 3.08 COVERAGE WHILE ON A LEAVE OF ABSENCE WITHOUT BENEFITS: Employees on an unpaid leave of absence for any reason other than those under Section 3.06 and 3.07 are no longer eligible for participation in the Plan. If an employee returns from an unpaid leave of absence without benefits, the date the coverage is reinstated will depend on the employee’s date of return. If the employee returns to work on or before the 15th of the month, coverage will be reinstated retroactive to the first of the month. If an employee returns after the 15th of the month, coverage will be reinstated the first of the following month. 2017-12-19 Agenda Packet Page 128 14 SECTION IV CONTRIBUTIONS 4.01 EMPLOYER CONTRIBUTIONS: The Employer may pay the costs of the benefits elected under the Plan with funds from the sources indicated in Item E of the Adoption Agreement. The Employer Contribution may be made up of Non-Elective Contributions and/or Elective Contributions authorized by each Participant. 4.02 IRREVOCABILITY OF ELECTIONS: A Participant may complete online enrollment before the end of the current plan year revising the rate of his/her contributions or discontinuing such contributions effective as of the first day of the following Plan Year. The Participant’s Elective Contributions will automatically terminate the date his employment terminates. Except as provided in this Section 4.02 and Section 4.03, a Participant’s election under the Plan is irrevocable for the duration of the Plan Year to which it relates. The exceptions to the irrevocability requirement which would permit a mid-year election change in benefits and the salary reduction amount elected are set out in the Treasury regulations promulgated under Code Section 125, which include the following: (a) Change in Status. A Participant may change or revoke his election under the Plan upon the occurrence of a valid change in status, but only if such change or termination is made on account of, and is consistent with, the change in status in accordance with the Treasury regulations promulgated under Section 125. The Employer, in its sole discretion as Administrator, shall determine whether a requested change is on account of and consistent with a change in status, as follows: (1) Change in Employee’s legal marital status, including marriage, divorce, death of spouse, legal separation, and annulment; (2) Change in number of Dependents, including birth, adoption, placement for adoption, and death; (3) Change in employment status, including any employment status change affecting benefit eligibility of the Employee, spouse or Dependent, such as termination or commencement of employment, change in hours, strike or lockout, a commencement or return from an unpaid leave of absence and change in work site. If the eligibility for either the Cafeteria Plan or any underlying benefit plans of the Employer of the Employee, spouse or Dependent relies on the employment status of that individual, and there is a change in that individual’s employment status resulting in gaining or losing eligibility under the Plan, this constitutes a valid change in status. This category only applies if the benefit eligibility is lost or gained as a result of the event. If an Employee terminates and is rehired within 30 days, the Employee is required to step back into his/her previous election. If the Employee terminates and is rehired after 30 2017-12-19 Agenda Packet Page 129 15 days, the Employee may either step back into the previous election or make a new election; (4) Dependent satisfies, or ceases to satisfy, Dependent eligibility requirements; and (5) Resident change of Employee, spouse or Dependent, affecting the Employee’s eligibility for coverage. (b) Special HIPAA Enrollment Rights. If a Participant or a Participant’s Dependent enrolls in the health insurance plan pursuant to special enrollment rights under HIPAA, the Participant may make a corresponding change in election under this Plan. Special enrollment rights under the health insurance plan will be determined by the terms of the health insurance plan. (c) Certain Judgments, Decrees or Orders. If a judgment, decree or order resulting from a divorce, legal separation, annulment or change in legal custody (including a qualified medical child support order [QMCSO]) requires accident or health coverage for a Participant’s child or for a foster child who is a dependent of the Participant, the Participant may have a mid-year election change to add or drop coverage consistent with the Order. (d) Entitlement to Medicare or Medicaid. If a Participant or a Participant’s Dependent who is enrolled in a medical plan of the Employer becomes entitled to Medicare or Medicaid (other than coverage consisting solely of benefits under Section 1928 of the Social Security Act providing for pediatric vaccines), the Participant may cancel or reduce health coverage under the Employer’s Plan. Loss of Medicare or Medicaid entitlement would allow the Participant to add health coverage under the Employer’s Plan. However, if an employee chooses to purchase coverage through Medicare or Medicaid instead through the City, the employee will lose his/her Flex Allotment to any health benefits plan offered by the City. (e) Family and Medical Leave Act. If an Employee is taking leave under the rules of the Family and Medical Leave Act, the Employee may revoke previous elections and re-elect benefits upon return to work. 4.03 OTHER EXCEPTIONS TO THE IRREVOCABILITY OF ELECTIONS. Other exceptions to the irrevocability of election requirement permit mid-year election changes and apply to all qualified benefits except for a Health Care Flexible Spending Account, as follows: (a) Change in Cost. If the cost of a benefit package option under the Plan significantly increases during the Plan Year, Participants may (i) make a corresponding increase in their salary reduction amount, (ii) revoke their elections and make a prospective election under another benefit option offering similar coverage, or (iii) revoke election completely if no similar coverage is available, including in spouse or Dependent’s plan. If the cost significantly 2017-12-19 Agenda Packet Page 130 16 decreases, employees may elect coverage even if they had not previously participated and may drop their previous election for a similar coverage option in order to elect the Benefit Package Option that has decreased in cost during the year. If the increased or decreased cost of a Benefit Package Option under the Plan is insignificant, the Participant’s salary reduction amount shall be automatically adjusted. (b) Significant curtailment of coverage. (i.) With no loss of coverage. If the coverage under a Benefit Package Option is significantly curtailed or ceases during the Plan Year, affected Participants may revoke their elections for the curtailed coverage and make a new prospective election for coverage under another Benefit Package Option providing similar coverage. (ii.) With loss of coverage. It there is a significant curtailment of coverage with loss of coverage, affected Participants may revoke election for curtailed coverage and make a new prospective election for coverage under another Benefit Package Option providing similar coverage, or drop coverage if no similar Benefit Package Option is available. (c) Addition or Significant Improvement of Benefit Package Option. If during the Plan Year a new benefit package option is added or significantly improved, eligible employees, whether currently participating or not, may revoke their existing election and elect the newly added or newly improved option. (d) Change in Coverage of a Spouse or Dependent Under Another Employer’s Plan. If there is a change in coverage of a spouse, former spouse, or Dependent under another employer’s plan, a Participant may make a prospective election change that is on account of and corresponds with a change made under the plan of the spouse or Dependent. This rule applies if (1) mandatory changes in coverage are initiated by either the insurer of spouse/dependent’s plan or by the spouse/dependent’s employer, or (2) option changes are initiated by the spouse/dependent’s employer or by the spouse/dependent through open enrollment. (e) Loss of coverage under other group health coverage. If during the Plan Year coverage is lost under any group health coverage sponsored by a governmental or educational institution, a Participant may prospectively change his or her election to add group health coverage for the affected Participant or his or her dependent. (a) Coverage through Covered California Plan. An employee may revoke election under the City group health plan if the employee qualifies for Special Enrollment Period under the Covered California Plan (Marketplace). The employee’s revocation must correspond to his or her intended enrollment. The 2017-12-19 Agenda Packet Page 131 17 Covered California Plan must begin by the day immediately following the last day of the revoked coverage. However, if an employee chooses to purchase coverage through Covered California instead through the City, the employee will lose his/her Flex Allotment to any health benefits plan offered by the City. 4.04 CASH PAYMENT OPTION: Available amounts not used for the purchase of benefits under this Plan may be considered a cash benefit under the Plan payable to the Participant as taxable income to the extent indicated in Item E of the Adoption Agreement. 4.05 PAYMENT FROM EMPLOYER’S GENERAL ASSETS: Payment of benefits under this Plan shall be made by the Employer from Elective Contributions which shall be held as part of its general assets. 4.06 EMPLOYER MAY HOLD ELECTIVE CONTRIBUTIONS: Pending payment of benefits in accordance with the terms of this Plan, Elective Contributions may be retained by the Employer in a separate account, or if elected by the Employer and as permitted or required by regulations of the Internal Revenue Service, Department of Labor or other governmental agency, such amounts of Elective Contributions my be held in a trust pending payment. 4.07 MAXIMUM EMPLOYER CONTRIBUTIONS: With respect to each Participant, the maximum amount made available to pay benefits for any Plan Year shall not exceed the Employer’s Contribution specified in the Adoption Agreement and as provided in this Plan. SECTION V GROUP HEALTH INSURANCE BENEFIT PLAN 5.01 PURPOSE: These benefits provide the group health insurance benefits to Participants. 5.02 ELIGIBILITY: Eligibility will be required in Items F(1), F(2), and F(3) of the Adoption Agreement. 5.03 DESCRIPTION OF BENEFITS: The benefits available under this Plan will be as defined in items F(1), F(2), and F(3) of the Adoption Agreement. 5.04 TERMS, CONDITIONS AND LIMITATIONS: The terms, conditions and limitations of the benefits offered shall be as specifically described in the Policy identified in the Adoption Agreement. 5.05 COBRA: To the extent required by Section 4980B of the Code and Sections 601 through 607 of ERISA, Participants and Dependents shall be entitled to 2017-12-19 Agenda Packet Page 132 18 continued participation in this Group Health Insurance Benefit Plans by contributing monthly (subject to taxation) 102% of the amount of the premium for the desired benefits during the period that such individual is entitled to elect continuation coverage, provided, however, in the event the continuation period is extended to 29 months due to disability, the premium to be paid for the continuation coverage for the 11 month extension period shall be 150% of the applicable premium. 5.06 SECTION 105 AND 106 PLAN: It is the intention of the Employer that these benefits shall be eligible for exclusion from the gross income of the Participants covered by this benefit plan, as provided in Code Sections 105 and 106, and all provisions of this benefit plan shall be construed in a manner consistent with that intention. It is also the intention of the Employer to comply with the provision of the Consolidated Omnibus Budget Reconciliation Act of 1985 as outlined in the policies identified in the Adoption Agreement. However, eligibility for tax qualified benefits will be subject to all state and federal regulations. In order to receive tax free benefits, a participant must meet all other state and federal eligibility guidelines. 5.07 CONTRIBUTIONS: Contributions for these benefits will be provided by the Employer on behalf of a Participant as provided for in Item E of the Adoption Agreement. 5.08 UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT: Notwithstanding anything to the contrary herein, the Group Medical Insurance Benefit Plan shall comply with the applicable provision of the Uniformed Services Employment and Reemployment Rights Act of 1994. 2017-12-19 Agenda Packet Page 133 19 SECTION VI HEALTH CARE FLEXIBLE SPENDING ACCOUNT PLAN 6.01 The Plan Document for this option is included in the attached Exhibit A and is incorporated by reference. SECTION VII DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT PLAN 7.01 The Plan Document for this option is included in the attached Exhibit A and is incorporated by reference. SECTION VIII AFLAC GROUP CRITICAL ILLNESS, GROUP HOSPITAL INDEMNITY AND GROUP ACCIDENT INSURANCE 8.01 The Plan Document for these options is included in the attached Exhibit B and is incorporated by reference. SECTION IX EMPLOYEE ASSISTANCE PROGRAM 9.01 The Plan Document for this benefit is included in the attached Exhibit C and is incorporated by reference. SECTION X AMENDMENT AND TERMINATION 10.01 AMENDMENT: The Employer shall have the right at any time, and from time to time, to amend, in whole or in part, any or all of the provisions of this Plan, provided that no such amendment shall change the terms and conditions of payment of any benefits to which Participants and covered Dependents otherwise have become entitled to under the provisions of the Plan, unless such amendment is made to comply with federal or local laws or regulations. The Employer also shall have the right to make any amendment retroactively, which is necessary to bring the Plan into conformity with the Code. In addition, 2017-12-19 Agenda Packet Page 134 20 the Employer may amend any provision or any supplements to the Plan and may merge or combine supplements or add additional supplement to the Plan, or separate existing supplements into an additional number of supplements. 10.02 TERMINATION: The Employer shall have the right at any time to terminate this Plan, provided that such termination shall not eliminate any obligations of the Employer which therefore have arise under the Plan. SECTION XI ADMINISTRATION 11.01 NAMED FIDUCIARIES: The Administrator shall be the fiduciary of the Plan. 11.02 APPOINTMENT OF RECORDKEEPER: The Employer may appoint a Reimbursement Recordkeeper which shall have the power and responsibility of performing recordkeeping and other ministerial duties arising under the Health Care Flexible Spending Account Plan and the Dependent Care Flexible Spending Account Plan provisions of this Plan. The Reimbursement Recordkeeper shall serve at the pleasure of, and may be removed by, the Employer without cause. The Recordkeeper shall receive reasonable compensation for its services as shall be agreed upon from time to time between the Administrator and the Recordkeeper. 11.03 POWERS AND RESPONSIBILITIES OF ADMINISTRATOR: a. General. The Administrator shall be vested with all powers and authority necessary in order to amend and administer the Plan, and is authorized to make such rules and regulations as it may deem necessary to carry out the provisions of the Plan. The Administrator shall determine any questions arising in the administration (including all questions of eligibility and determination of amount, time and manner of payments of benefits), construction, interpretation and application of the Plan, and the decision of the Administrator shall be final and binding on all persons. b. Recordkeeping. The Administrator shall keep full and complete records of the administration of the Plan. The Administrator shall prepare such reports and such information concerning the Plan and the administration thereof by the Administrator as may be required under the Code or ERISA and the regulation promulgated thereunder. c. Inspection of Records. The Administrator shall, during normal business hours, make available to each Participant for examination by the Participant at the principal office of the Administrator a copy of the Plan and such records of the Administrator as may pertain to 2017-12-19 Agenda Packet Page 135 21 such Participant. No Participant shall have the right to inquires as to or inspect the accounts or records with respect to other Participants. 11.04 COMPENSATION AND EXPENSES OF ADMINISTRATOR: The Administrator shall serve without compensation for services as such. All expenses of the Administrator shall be paid by the Employer. Such expenses shall include any expense incident to the functioning of the Plan, including, but not limited to, attorneys’ fees, accounting and clerical charges, actuary fees and other costs of administering the Plan. 11.05 LIABILITY OF ADMINISTRATOR: Except as prohibited by law, the Administrator shall not be liable personally for any loss or damage or depreciation which may result in connection with the exercise of duties or of discretion hereunder or upon any other act or omission hereunder except when due to willful misconduct. In the event the Administrator is not covered by fiduciary liability insurance or similar insurance arrangements, the Employer shall indemnify and hold harmless the Administrator from any and all claims, losses, damages, expenses, (including reasonable counsel fees approved by the Administrator) and liability (including any reasonable amounts paid in settlement with the Employer’s approval) arising from any act or omission of the Administrator, except when the same is determined to be due to the willful misconduct of the Administrator by a court of competent jurisdiction. 11.06 DELEGATION OF RESPONSIBILITY: The Administrator shall have the authority to delegate, from time to time, all or any part of its responsibilities under the Plan to such person or persons as it may deem advisable and in the same manner to revoke any such delegation of responsibility which shall have the same force and effect for all purposes hereunder as if such action had been taken by the Administrator. The Administrator shall not be liable for any acts or omissions of any such delegate. The delegate shall report periodically to the Administrator concerning the discharge of the delegated responsibilities. 11.07 RIGHT TO RECEIVE AND RELEASE NECESSARY INFORMATION: The Administrator may release or obtain any information necessary for the application, implementation and determination of this Plan or other Plans without consent or notice to any person. This information may be released to or obtained from any insurance company, organization, or person subject to applicable law. Any individual claiming benefits under this Plan shall furnish to the Administrator such information as may be necessary to implement this provision. 11.08 CLAIM FOR BENEFITS: To obtain payment of any benefits under the Plan a Participant must comply with the rules and procedures of the particular benefit program elected pursuant to this Plan under which the Participant claims a benefit. 2017-12-19 Agenda Packet Page 136 22 11.09 PROTECTED HEALTH INFORMATION: The provisions of this Section shall be effective on April 14, 2004 or at such other date required by 45 CFR Section 164.534. The Plan may disclose PHI to employees of the Employer with employee benefits responsibility or to employees with oversight responsibility for third party administrator claims administration. Access to and use by such individual must be restricted to plan administration functions that the plan sponsor performs for the Plan. The applicable claims procedures under the Plan shall be used to resolve any issues of non-compliance by such individuals. The Plan may disclose PHI to such individual only if the Employer certifies that the Plan documents have been amended to incorporate the following specific provisions, and the Employer agrees to comply with them. The Employer will: Not use or further disclose PHI other than as permitted by the plan documents or as required by law; Ensure that any agents or subcontractors to whom it provides PHI received from the Plan agree to the same restrictions and conditions that apply to the Employer; Not use or disclose PHI for employment-related actions or in connection with any other employee benefit plan; Report to the Plan any use of disclosure of the information that is inconsistent wit the permitted uses or disclosures; Make available to Plan participants, consider their amendments, and upon their request, provide them with an accounting of PHI disclosures; Make its internal practices and records relating to the use and disclosure of PHI received from the Plan available to the Department of Health and Human Services upon request; and Will, if feasible, return or destroy all PHI received from the Plan that the Employer still maintains in any form and retain no copies of such information when no longer needed for the purposes for which the disclosure was made, except that, if such return or destruction is not feasible, limit further uses no disclosure to those purposes that make the return or discretion o the information infeasible. For purposes of this Section, “PHI” is “Protected Health Information” as defined in 45 CFR Section 164.501, which is individually identifiable health information that is maintained or transmitted any a covered entity, as defined in 45 CFR Section 16.4104. SECTION XII MISCELLANEOUS PROVISIONS 2017-12-19 Agenda Packet Page 137 23 12.01 FORMS AND PROOFS: Each Participant or Participant’s Beneficiary eligible to receive any benefit hereunder shall complete such forms and furnish such proofs, receipts, and release as shall be required by the Administrator. 12.02 NON-ASSIGNABILITY: No benefit under the Plan shall be liable for any debt, liability, contract, engagement or tort of any Participant or his Beneficiary, nor be subject to charge, anticipation, sale, assignment, transfer, encumbrance, pledge, attachment, garnishment, execution or other voluntary or involuntary alienation or other legal or equitable process, nor transferability by operation of law. 12.03 CONSTRUCTION: (a) Words used herein in the masculine or feminine gender shall be construed as the feminine or masculine gender, respectively where appropriate. (b) Words used herein in the singular or plural shall be construed as the plural or singular, respectively, where appropriate. 12.04 NONDISCRIMINATION: In accordance with Code Section 125(b)(1), (2), and (3), this Plan is intended not to discriminate in favor of Highly Compensated Participants (as defined in Code Section 125(e)(1) as to contributions and benefits nor to provide more that 25% of all qualified benefits to Key Employees. If, in the judgment of the Administrator, more than 25% of the total non-taxable benefits are provided to Key Employees, or the Plan discriminates in any other manner (or is at a risk of possible discrimination), then notwithstanding any other provision contained herein to the contrary, and in accordance with the applicable provision of the Code, the Administrator shall, after written notification to affected Participants, reduce or adjust such contributions and benefits under the Plan as shall be necessary to insure that, in the judgment of the Administrator, the Plan shall not be discriminatory. 12.05 ERISA The Plan shall be construed, enforced, and administered and the validity determined in accordance with the applicable provision of the Employee Retirement Income Security Act of 1974 (as amended), the Internal Revenue Code of 1986 (as amended), and the laws of the State indicated in the Adoption Agreement. Notwithstanding anything to the contrary herein, the provisions of ERISA will not apply to this Plan if the Plan is exempt from coverage under ERISA. Should any provisions be determined to be void, invalid, or unenforceable by any court of competent jurisdiction, the Plan will continue to operate, and for purposes of the jurisdiction of the court only will be deemed not to include the provision determined to be void. 2017-12-19 Agenda Packet Page 138 EXHIBIT A HEALTH CARE & DEPENDENT/CHILD CARE FLEXIBLE SPENDING ACCOUNTS PLAN DOCUMENT Amended and Restated as of January 1, 2018 Human Resources Department City of Chula Vista 2017-12-19 Agenda Packet Page 139 i CITY OF CHULA VISTA FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION TABLE OF CONTENTS CAFETERIA PLAN COMPONENT SUMMARY .................................................................................. 2 Q-1. What is the purpose of the Cafeteria Plan? ............................................................................. 2 Q-2. Who can participate in the Cafeteria Plan? ............................................................................. 2 Q-3. How do I become a participant? ............................................................................................. 2 Q-4. When does my participation in the Cafeteria Plan end? ......................................................... 3 Q-5. What are tax advantages and disadvantages of participating in the Cafeteria Plan? .............. 3 Q-6. What are the election periods for entering the Cafeteria Plan? .............................................. 4 Q-7. Under what circumstances can I change my election during the Plan Year? ......................... 5 Q-8. How is my Benefit Plan Option coverage paid for under this Cafeteria Plan? ....................... 5 Q-9. What happens to my participation under the Cafeteria Plan if I take a leave of absence? ..... 6 Q-10. How long will the Cafeteria Plan remain in effect?................................................................ 7 Q-11. What happens if my request for a benefit under this Cafeteria Plan is denied? ..................... 7 HEALTH CARE SPENDING ACCOUNT COMPONENT SUMMARY ............................................. 8 Q-1. Who can participate in the Health Care Spending Account? .................................................. 8 Q-2. How do I become a Participant? ............................................................................................. 8 Q-3. What is my Health Care Spending Account? ......................................................................... 9 Q-4. When does my coverage under the Health Care Spending Account end? .............................. 9 Q-5. Can I ever change my Health Care Spending Account election? ........................................... 9 Q-6. What happens to my Health Care Spending Account if I take an approved leave of absence? ................................................................................................................................ 10 Q-7. What is the maximum annual Health Care Spending Account amount that I may elect under the Health Care Spending Account, and how much will it cost? ............................... 10 Q-8. How are Health Care Spending Account benefits paid for under this Plan? ........................ 10 Q-9. What amounts will be available for Health Care Spending Account Reimbursement at any particular time during the Plan Year? ............................................................................ 10 Q-10. How do I receive reimbursement under the Health Care Spending Account? ..................... 11 Q-11. What is an “Eligible Medical Expense?” .............................................................................. 11 Q-12. When must the expenses be incurred in order to receive reimbursement? ........................... 12 Q-13. What if the “Eligible Medical Expenses” I incur during the Plan Year are less than the annual amount I have elected for the Health Care Spending Account Reimbursement? ..... 13 Q-14. What happens if a Claim for Benefits under the Health Care Spending Account is denied? .................................................................................................................................. 13 Q-15. What happens to unclaimed Health Care Spending Account Reimbursements? ................. 14 Q-16. What is continuation coverage? ............................................................................................ 14 Q-17. Will my health information be kept confidential? ................................................................ 16 Q-18. How long will the Health Care Spending Account remain in effect? .................................. 16 DEPENDENT CARE SPENDING ACCOUNT COMPONENT SUMMARY .................................... 18 2017-12-19 Agenda Packet Page 140 ii Q-1. Who can participate in the Dependent Care Spending Account? ......................................... 18 Q-2. How do I become a Participant? ........................................................................................... 18 Q-3. What is my “Dependent Care Spending Account?” ............................................................. 18 Q-4. When does my coverage under the Dependent Care Spending Account end? ..................... 18 Q-5. Can I ever change my Dependent Care Spending Account election? .................................. 19 Q-6. What happens to my Dependent Care Spending Account if I take an unpaid leave of absence? ................................................................................................................................ 19 Q-7. What is the maximum annual Dependent Care Spending Account Reimbursement that I may elect under the Dependent Care Spending Account? .................................................... 19 Q-8. How do I pay for Dependent Care Spending Account Reimbursements? ............................ 20 Q-9. What is an “Eligible Employment-Related Expense” for which I can claim a reimbursement? .................................................................................................................... 20 Q-10. How do I receive reimbursement under the Dependent Care Spending Account? ............... 21 Q-11. When must the expenses be incurred in order to receive reimbursement? ........................... 22 Q-12. What if the “Eligible Employment -Related Expenses” I incur during the Plan Year are less than the annual amount of coverage I have elected for Dependent Care Spending Account Reimbursement? ..................................................................................................... 23 Q-13. Will I be taxed on the Dependent Care Spending Account benefits I receive? .................... 23 Q-14. If I participate in the Dependent Care Spending Account, will I still be able to claim the household and dependent care credit on my federal income tax return? .............................. 23 Q-15. What is the household and dependent care credit? ............................................................... 23 Q-16. What happens to unclaimed Dependent Care Spending Account Reimbursements? ........... 24 Q-17. What happens if my claim for reimbursement under the Dependent Care Spending Account is denied?................................................................................................................ 24 Q-18 How long will the Dependent Care Spending Account remain in effect? ............................ 24 PLAN INFORMATION SUMMARY ..................................................................................................... 25 A. Employer/Plan Sponsor Information .................................................................................... 25 B. Cafeteria Plan Component Information ................................................................................ 26 C. Health Care Spending Account Component Information ..................................................... 28 D. Dependent Care Spending Account Component Information .............................................. 30 APPENDIX I – CLAIMS REVIEW PROCEDURE .............................................................................. 31 APPENDIX II – TAX ADVANTAGES EXAMPLE .............................................................................. 33 APPENDIX III – ELECTION CHANGE CHART ................................................................................ 34 2017-12-19 Agenda Packet Page 141 1 CITY OF CHULA VISTA FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION (“SPD”) City of Chula Vista (the “Employer”) is pleased to sponsor an employee benefit program known as a “Flexible Benefits Plan” (the “Plan”) for you and your fellow employees. It is so -called because it lets you choose from several different employee benefit plans (which we refer to as “Benefit Plan Options”) according to your individual needs, and allows you to use pretax dollars to pay for them by entering into a salary reduction arrangement with the Employer. This Plan helps you because the benefits you elect are nontaxable (e.g., you save social security and income taxes on the amount of your salary reduction). Alternatively, to the extent described in your enrollment materials, you may choose to pay for any of the available benefits with After-tax Contributions as deductions from your salary. This Plan has three components: i. A Cafeteria Plan Component. The Cafeteria Plan Component allows you to pay your share of certain underlying welfare benefit plans (called “Benefit Plan Options”) with Pretax Contributions. ii. The Health Care Spending Account (“HCSA”). The HCSA allows you to elect to use a specified amount of Pretax Contributions to be used for reimbursement of Eligible Medical Expenses. The HCSA is intended to qualify as a Code Section 105 self-insured medical reimbursement Plan. iii. The Dependent Care Spending Account (“DCSA”). The DCSA allows you to elect to use a specified amount of Pretax Contributions to be used for reimbursement of Eligible Employment-Related Expenses. The DCSA is intended to qualify as a Code Section 129 dependent care assistance plan. Each of the three components is summarized in this document. Information relating to the Plan that is specific to your Employer is described in the Plan Information Summary. For example, you can find the identity of the Third Party Administrator, the Employer, and the Plan Administrator in the Plan Information Summary as well as the Plan Number and any applicable contact information. Each summary and the attached Appendices constitute the Summary Plan Description for the Cafeteria Plan. The SPD (collectively, the Summary Plan Description or “SPD”) describes the basic features of the Plan, how it operates, and how you can get the maximum advantage from it. The Plan is also established pursuant to a plan document into which this SPD has been incorporated. However, if there is a conflict between the official plan document and the SPD, the plan document will govern. Certain terms in this Summary are capitalized. Capitalized terms reflect important terms that are specifically defined in this Summary or in the Plan Document into which this Summary is incorporated. You should pay special attention to these terms as they play an important role in defining your rights and responsibilities under this Plan. Participation in the Plan does not give any Participant the right to be retained in the employment of his or her Employer or any other right not specified in the Plan. If you have any questions regarding your rights and responsibilities under the Plan, you may also contact the Plan Administrator (who is identified in the Plan Information Summary). 2017-12-19 Agenda Packet Page 142 2 CITY OF CHULA VISTA FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION Cafeteria Plan Component Summary Q-1. What is the purpose of the Cafeteria Plan? The purpose of the Cafeteria Plan is to allow eligible Employees to pay for certain benefit plans called “Benefit Plan Options” with pretax dollars called “Pretax Contributions.” The Benefit Plan Options to which you may contribute with Pretax Contributions under this Cafeteria Plan are described in the Plan Information Summary. Pretax Contributions are described in more detail below. Q-2. Who can participate in the Cafeteria Plan? Each Employee of the Employer (or an Affiliated Employer listed in the Plan Information Summary) who (i) satisfies the Cafeteria Plan Eligibility Requirements and (ii) is also eligible to participate in any of the Benefit Plan Options, will be eligible to participate in this Cafeteria Plan. If you meet these requirements, you may become a Participant on the Cafeteria Plan Eligibility Date. The Cafeteria Plan Eligibility Requirements and Eligibility Date are described in the Plan Information Summary. Those Employees who actually participate in the Cafeteria Plan are called “Participants.” The terms of eligibility of this Cafeteria Plan do not override the terms of eligibility of each of the Benefit Plan Options. In other words, if you are eligible to participate in this Cafeteria Plan, it does not necessarily mean you are eligible to participate in the Benefit Plan Options. For the details regarding eligibility provisions, benefit amounts, and premium schedules for each of the Benefit Plan Options, please refer to the plan summary of each of the Benefit Plan Options. If you do not have a summary for each of the Benefit Plan Options, you should contact the Plan Administrator for information on how to obtain a copy. You may only pay for the coverage of yourself and your tax dependents; however, for health plan purposes and the Health Care Spending Account), a Dependent is any child of yours who as of the end of the taxable year has not attained age twenty-seven (27)), even if he/she is married or is not a tax dependent. Q-3. How do I become a Participant? If you have otherwise satisfied the Cafeteria Plan Eligibility Requirements, you become a Participant by signing an individual Salary Reduction Agreement (sometimes referred to as an “Election Form”) on which you agree to pay for the Benefit Plan Options that you choose with Pretax Contributions. You will be provided with a Salary Reduction Agreement or Election Form on or before your Cafeteria Plan Eligibility Date. You must complete the form and submit it to the Plan Administrator or its designated Third Party Administrator (as indicated on or with the Salary Reduction Agreement), during one of the election periods described in Q-6 below. You may also enroll during the year if you previously elected not to participate and you experience a change described below that allows you to become a Participant during the year. If that occurs, you must complete an Election Change Form during the Election Change Period described in Q-7 below. In no event can you become a Participant in this Cafeteria Plan prior to the date you complete and properly submit the Salary Reduction Agreement to the appropriate person(s). 2017-12-19 Agenda Packet Page 143 3 In some cases, the Employer may require you to pay your share of the Benefit Plan Option coverage that you elect with Pretax Contributions. If that is the case, your election to participate in the Benefit Plan Options(s) will constitute an election under this Cafeteria Plan. Enrollment may also be accomplished via telephone, voice response technology, electronic communication, web or online enrollment systems, or any other method prescribed by the Plan Administrator. Q-4. When does my participation in the Cafeteria Plan end? Your coverage under the Cafeteria Plan ends on the earliest of the following to occur: a. The date that you make an election not to participate in accordance with this Cafeteria Plan Component Summary; b. The date you no longer satisfy the Eligibility Requirements of this Cafeteria Plan or all of the Benefit Plan Options; c. The date that you terminate employment with the Employer; or d. The date that the Cafeteria Plan is either terminated or amended to exclude you or the class of Employees of which you are a member. If your employment with the Employer is terminated during the Plan Year or you otherwise cease to be eligible, your active participation in the Cafeteria Plan will automatically cease, and you will not be able to make any more Pretax Contributions under the Cafeteria Plan except as otherwise provided pursuant to Employer policy or individual arrangement (e.g., a severance arrangement where the former Employee is permitted to continue paying for a Benefit Plan Option out of severance pay on a pretax basis). If you are rehired within the same Plan Year and are eligible for the Cafeteria Plan (or you become eligible again), you may make new elections, if you are rehired or become eligible again more than 30 days after you terminated employment or lost eligibility (subject to any limitations imposed by the Benefit Plan Option(s)). If you are rehired or again become eligible within 30 days or less of your termination date, your Cafeteria Plan elections that were in effect when you terminated employment or stopped being eligible will be reinstated and remain in effect for the remainder of the Plan Year (unless you are allowed to change your election in accordance with the terms of the Plan). Q-5. What are tax advantages and disadvantages of participating in the Cafeteria Plan? You save both federal income tax and FICA (Social Security) taxes by participating in the Cafeteria Plan. There is an example in Appendix II that illustrates the tax savings you might experience as a result of participating in the Cafeteria Plan. Participation in the Cafeteria Plan will reduce the amount of your taxable compensation. Accordingly, there could be a decrease in your Social Security benefits and/or other benefits (e.g., pension, disability, and life insurance) that are based on taxable compensation. 2017-12-19 Agenda Packet Page 144 4 Q-6. What are the election periods for entering the Cafeteria Plan? The Cafeteria Plan basically has three election periods: (i) the “Initial Election Period,” (ii) the “Annual Election Period,” and (iii) the “Election Change Period,” which is the period following the date you have a Change in Status Event. The following is a summary of the Initial Election Period and the Annual Election Period. Q-6a. What is the Initial Election Period? If you want to participate in the Cafeteria Plan when you are first hired, you must enroll during the “Initial Election Period” described in the enrollment materials you will receive. If you make an election during the Initial Election Period, your participation in this Cafeteria Plan will begin on the later of your Eligibility Date or the first pay period coinciding with or next following the date that your election is received by the Plan Administrator (or its designated Third Party Administrator). The effective date of coverage under the Benefit Plan Options will be effective on the date established in the governing documents of the Benefit Plan Options. The election that you make during the Initial Election Period is effective for the remainder of the Plan Year and generally cannot be changed during the Plan Year unless you have a Change in Status Event described in Q-7 below. If you do not make an election during the Initial Election Period, you will be deemed to have elected not to participate in this Cafeteria Plan for the remainder of the Plan Year. Failure to make an election under this Cafeteria Plan generally results in no coverage under the Benefit Plan Options; however, the Employer may provide coverage under certain Benefit Plan Options automatically. These automatic benefits are called “Default Bene fits.” Any Default Benefit provided by your Employer will be identified in the enrollment materials. In addition, your share of the contributions for such Default Benefits may be automatically withdrawn from your pay on a pretax basis. You will be notified in the enrollment materials whether there will be a corresponding Pretax Contribution for such default benefits. Q-6b. What is the Annual Election Period? The Cafeteria Plan also has an “Annual Election Period” during which you may enroll if you did not enroll during the Initial Election Period or change your elections for the next Plan Year. The Annual Election Period will be identified in the enrollment materials distributed to you prior to the Annual Election Period. The election that you make during the Annual Election Period is effective the first day of the next Plan Year and cannot be changed during the entire Plan Year unless you have a Change in Status Event described in Q-7 below. If you fail to complete, sign, and file a Salary Reduction Agreement during the Annual Election Period, you may be deemed to have elected to continue participation in the Cafeteria Plan with the same Benefit Plan Option elections that you had on the last day of the Plan Year in which the Annual Election period occurred (adjusted to reflect any increase/decrease in applicable premium/contributions). This is called an “Evergreen Election.” Alternatively, the Plan Administrator may deem you to have elected not to participate in the Cafeteria Plan for the next Plan Year if you fail to make an election during the Annual Election Period. The consequences of failing to make an election during the Annual Election Period are described in the Plan Information Summary. 2017-12-19 Agenda Packet Page 145 5 The Plan Year is generally a 12-month period (the initial or last Plan Year of the Plan could be an exception). The beginning and ending dates of the Plan Year are described in the Plan Information Summary. Q-7. Under what circumstances can I change my election during the Plan Year? Generally, you cannot change your election under this Cafeteria Plan during the Plan Year. There are, however, a few exceptions. First, your election will automatically terminate if you terminate employment or lose eligibility under this Cafeteria Plan or under all of the Benefit Plan Options that you have chosen. Second, you may voluntarily change your election during the Plan Year if you satisfy the following conditions (prescribed by federal law): a. You experience a “Change of Status Event” that affects your eligibility under this Cafeteria Plan and/or Benefit Plan Option; or b. You experience a significant Cost or Coverage Change; and c. You complete and submit a written Election Change Form within the Election Change Period described in the Plan Information Summary. Change in Status Events and Cost or Coverage Changes recognized by this Cafeteria Plan, and the rules surrounding election changes in the event you experience a Change in Status Event or Cost or Coverage Change are described in Appendix III - Election Change Chart. Third, an election under this Cafeteria Plan may be modified downward during the Plan Year if you are a Key Employee or Highly Compensated Individual (as defined by the Internal Revenue Code), if necessary to prevent the Cafeteria Plan from becoming discriminatory within the meaning of the applicable federal income tax law. If coverage under a Benefit Plan Option ends, the corresponding Pretax Contributions for that coverage will automatically end. No election is needed to stop the contributions. Q-8. How is my Benefit Plan Option coverage paid for under this Cafeteria Plan? You may be given a choice to pay for any Benefit Plan Option coverage that you elect with Pretax or After-tax Contributions. The enrollment materials you receive will indicate whether you have an option to choose to pay with Pretax or After-tax Contributions. When you elect to participate both in a Benefit Plan Option and this Cafeteria Plan, an amount equal to your share of the annual cost of those Benefit Plan Options that you choose divided by the applicable number of pay periods you have during that Plan Year is deducted from each paycheck after your election date. If you have chosen to use Pretax Contributions (or it is a Plan requirement), the deduction is made before any applicable federal and/or state taxes are withheld. An Employer may choose to pay for a share of the cost of the Benefit Plan Options you choose with Non- elective Employer Contributions. The amount of Non-elective Employer Contributions that is applied by the Employer towards the cost of the Benefit Plan Option(s) for each Participant and/or level of coverage 2017-12-19 Agenda Packet Page 146 6 is subject to the sole discretion of the Employer and it may be adjusted upward or downward in the Employer’s sole discretion. The Non-elective Employer Contribution amount will be calculated for each Plan Year in a uniform and nondiscriminatory manner and may be based upon your dependent status, commencement or termination date of your employment during the Plan Year, and such other factors that the Employer deems relevant. In no event will any Non-elective Employer Contribution be disbursed to you in the form of additional taxable compensation except as otherwise provided in the enrollment material or the Plan Information Summary. Q-9. What happens to my participation under the Cafeteria Plan if I take a leave of absence? The following is a general summary of the rules regarding participation in the Cafeteria Plan (and the Benefit Plan Options) during a leave of absence. The specific election changes that you can make under this Cafeteria Plan following a leave of absence are described in the Election Change Chart and the rules regarding coverage under the Benefit Plan Options during a leave of absence will be described in the Benefit Plan Option summaries. If there is a conflict between the Election Change Chart/Benefit Plan Option Summaries and this Q-9, the Election Change Chart or Benefit Plan Option summary, whichever is applicable, will control. a. If you go on a qualifying unpaid leave under the Family and Medical Leave Act of 1993 (FMLA), the Employer will continue to maintain your Benefit Plan Options that provide health coverage on the same terms and conditions as though you were still active to the extent required by FMLA (e.g., the Employer will continue to pay its share of the contribution to the extent you opt to continue coverage). b. Your Employer may elect to continue all health coverage for Participants while they are on paid leave (provided Participants on non-FMLA paid leave are required to continue coverage). If so, you will pay your share of the contributions by the method normally used during any paid leave (for example, with Pretax Contributions if that is what was used before the FMLA leave began). c. In the event of unpaid FMLA leave (or paid leave where coverage is not required to be continued), if you opt to continue your group health coverage, you may pay your share of the contribution in one of the following ways: i. With After-tax Contributions while you are on leave. ii. You may pre-pay all or a portion of your share of the contribution for the expected duration of the leave with Pretax Contributions from your pre-leave compensation by making a special election to that effect before the date such compensation would normally be made available to you. However, pre-payments of Pretax Contributions may not be utilized to fund coverage during the next Plan Year. iii. By other arrangements agreed upon between you and the Plan Administrator (for example, the Plan Administrator may fund coverage during the leave and withhold amounts from your compensation upon your return from leave). The payment options provided by the Employer will be established in accordance with Code Section 125, FMLA and the Employer’s internal policies and procedures regarding leaves of absence and will be applied uniformly to all Participants. Alternatively, the Employer may require all Participants to continue coverage during the leave. If so, you may elect to discontinue 2017-12-19 Agenda Packet Page 147 7 your share of the required contributions until you return from leave. Upon return from leave, you will be required to repay the contribution not paid during the leave in a manner agreed upon with the Plan Administrator. The Election Change Chart will let you know whether you are able to drop your coverage or whether you are required to continue coverage during the leave. d. If your coverage ceases while on FMLA leave (e.g., for non-payment of required contributions), you will be permitted to re-enter the Cafeteria Plan and the Benefit Plan Option upon return from such leave on the same basis as you were participating in the plans prior to the leave, or as otherwise required by the FMLA. Your coverage under the Benefit Plan Options providing health coverage may be automatically reinstated provided that coverage for Employees on non- FMLA leave is automatically reinstated upon return from leave. e. The Employer may, on a uniform and consistent basis, continue your group health coverage for the duration of the leave following your failure to pay the required contribution. Upon return from leave, you will be required to repay the contribution in a manner agreed upon by you and the Employer. f. If you are commencing or returning from unpaid FMLA leave, your election under this Cafeteria Plan for Benefit Plan Options providing non-health benefits shall be treated in the same manner that elections for non-health Benefit Plan Options are treated with respect to Participants commencing and returning from unpaid non-FMLA leave. g. If you go on an unpaid non-FMLA leave of absence (e.g., personal leave, sick leave, etc.) that does not affect eligibility in this Cafeteria Plan or a Benefit Plan Option offered under this Cafeteria Plan, then you will continue to participate and the contribution due will be paid by pre- payment before going on leave, by After-tax Contributions while on leave, or with catch-up contributions after the leave ends, as may be determined by the Plan Administrator. If you go on an unpaid leave that affects eligibility under this Cafeteria Plan or a Benefit Plan Option, the election change rules described herein will apply. The Plan Administrator will have discretion to determine whether taking an unpaid non-FMLA leave of absence affects eligibility. Q-10. How long will the Cafeteria Plan remain in effect? Although the Employer expects to maintain the Plan indefinitely, it has the right to modify or terminate the Plan or any of its component programs at any time for any reason. Plan amendments and terminations will be conducted in accordance with the terms of the Plan document. Q-11. What happens if my request for a benefit under this Cafeteria Plan is denied? You will have the right to a full and fair review process. You should refer to Appendix I for a detailed summary of the Claims Procedures under this Cafeteria Plan. 2017-12-19 Agenda Packet Page 148 8 CITY OF CHULA VISTA FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION Health Care Spending Account Component Summary Q-1. Who can participate in the Health Care Spending Account? Each Employee who satisfies the HCSA Eligibility Requirements is eligible to participate on the HCSA Eligibility Date. The HCSA Eligibility Requirements and Eligibility Date are described in the Plan Information Summary. Q-2. How do I become a Participant? If you have otherwise satisfied the HCSA Eligibility Requirements, you become a Participant in the HCSA by electing Health Care Savings Account benefits during the Initial or Annual Election Periods as described in the Cafeteria Plan Component Summary). Your participation in the HCSA will be effective on the date that you make an election or on your HCSA Eligibility Date, whichever is later. See the Plan Information Summary for your Employer’s Plan specifics. If you have made an election to participate and you want to participate during the next Plan Year, you must make an election during the Annual Election Period, even if you do not change your current election. Evergreen Elections do not apply to HCSA elections. You may also become a Participant if you experience a Change in Status Event or Cost or Coverage Change that permits you to enroll mid-year (See Q-7 of the Cafeteria Plan Component Summary for more details regarding mid-year election changes and the effective date of those changes). Once you become a Participant, your "Eligible Dependents" also become covered. For purposes of the HCSA, Eligible Dependents are the following: (i) Your legal Spouse (as determined by state law to the extent consistent with the federal Defense of Marriage Act) and (ii) Any other individuals who would qualify as a tax Dependent, including any child of yours who as of the end of the taxable year has not attained age twenty-seven (27). If the Plan Administrator receives a qualified medical child support order (QMCSO) relating to the HCSA, the HCSA will provide the health benefit coverage specified in the order to the person or persons (“alternate recipients”) named in the order to the extent the QMCSO does not require coverage the HCSA does not otherwise provide. “Alternate recipients” include any child of the Participant who the Plan is required to cover pursuant to a QMCSO. A “medical child support order” is a legal judgment, decree or order relating to medical child support. A medical child support order is a QMCSO to the extent it satisfies certain conditions required by law. Before providing any coverage to an alternate recipient, the Plan Administrator must determine whether the medical child support order is a QMCSO. If the Plan Administrator receives a medical child support order relating to your HCSA, it will notify you in writing, and after receiving the order, it will inform you of its determination of whether or not the order is 2017-12-19 Agenda Packet Page 149 9 qualified. Upon request to the Plan Administrator, you may obtain, without charge, a copy of the Plan’s procedures governing qualified medical child support orders. Q-3. What is my Health Care Spending Account? If you elect to participate in the HCSA, the Employer will establish a “Health Care Spending Account” to keep a record of the reimbursements you are entitled to, as well as the contributions you elected to withhold for such benefits during the Plan Year. No actual account is established; it is merely a bookkeeping account. Benefits under the HCSA are paid as needed from the Employer’s general assets except as otherwise set forth in the Plan Information Summary. Q-4. When does my coverage under the Health Care Spending Account end? Your coverage under the HCSA ends on the earlier of the following to occur. See the Plan Information Summary for your Employer’s Plan specifics. a. The date you elect not to participate in accordance with the Cafeteria Plan Component Summary; b. The last day of the Plan Year unless you make an election during the Annual Election Period; c. The date you no longer satisfy the HCSA Eligibility Requirements; d. The date you terminate employment; or e. The date the Plan is terminated or you or the class of eligible Employees of which you are a member are specifically excluded from the Plan. You may be entitled to elect Continuation Coverage (as described in Q-16 below) under the HCSA once your coverage ends because you terminate employment or experience a reduction in hours of employment. Coverage for your Eligible Dependents ends on earliest of the following to occur: a. The date your coverage ends; b. The date that your Dependents cease to be eligible Dependents (e.g., you and your Spouse divorce); or c. The date the Plan is terminated or amended to exclude the individual or the class of Dependents of which the individual is a member from coverage under the HCSA. You and/or your covered Dependents may be entitled to continue coverage if coverage is lost for certain reasons. The Continuation of Coverage provisions are described in more detail below. Q-5. Can I ever change my Health Care Spending Account election? You can change your election under the HCSA in the following situations: a. For any reason during the Annual Election Period. You can change your election during the Annual Election Period for any reason. The election change will be effective the first day of the Plan Year following the end of the Annual Election Period. b. Following a Change in Status Event. You may change your HCSA election during the Plan Year only if you experience an applicable Change in Status Event. See Q-7 of the Cafeteria Plan Component Summary for more information on election changes. NOTE: You may not make HCSA election changes as a result of any Cost or Coverage Changes. 2017-12-19 Agenda Packet Page 150 10 Q-6. What happens to my Health Care Spending Account if I take an approved leave of absence? Refer to the Cafeteria Plan Component Summary and the Election Change Chart to determine what, if any, specific changes you can make during a leave of absence. If your HCSA coverage ceases during an FMLA leave, you may, upon returning from FMLA leave, elect to be reinstated in the HCSA at either: a. The same coverage level in effect before the FMLA leave (with increased contributions for the remaining period of coverage); or b. At the same coverage level that is reduced pro-rata for the period of FMLA leave during which you did not make any contributions. Under either scenario, expenses incurred during the period that your HCSA coverage was not in effect are not eligible for reimbursement under this HCSA. Q-7. What is the maximum annual Health Care Spending Account amount that I may elect under the Health Care Spending Account, and how much will it cost? You may elect any annual reimbursement amount subject to the maximum annual HCSA amount and the minimum reimbursement amount described in the Plan Information Summary. You will be required to pay the annual contribution equal to the coverage level you have chosen reduced by any Non-elective Employer Contributions allocated to your HCSA. Any change in your HCSA election also will change the maximum available reimbursement for the period of coverage after the election. Such maximum available reimbursements will be determined on a prospective basis only by a method determined by the Plan Administrator that is in accordance with applicable law. The Plan Administrator (or its designated Third Party Administrator) will notify you of the applicable method when you make your election change. Q-8. How are Health Care Spending Account benefits paid for under this Plan? When you complete the Salary Reduction Agreement or Election Form, you specify the amount of HCSA reimbursement you wish to pay for with Pretax Contributions and/or Non-elective Employer Contributions, to the extent available. Your enrollment materials will indicate if Non-elective Employer Contributions are available for HCSA coverage. Thereafter, each paycheck will be reduced by an amount equal to pro-rata share of the annual contribution, reduced by any Non-elective Employer Contributions allocated to your HCSA. Q-9. What amounts will be available for Health Care Spending Account Reimbursement at any particular time during the Plan Year? So long as coverage is effective, the full, annual amount of Health Care Spending Account reimbursement you have elected, reduced by the amount of previous HCSA reimbursements received during the Plan Year, will be available at any time during the Plan Year, without regard to how much you have contributed. 2017-12-19 Agenda Packet Page 151 11 Q-10. How do I receive reimbursement under the Health Care Spending Account? If you elect to participate in the HCSA, you will have to take certain steps to be reimbursed for your Eligible Medical Expenses. When you incur an Eligible Medical Expense, you file a claim with the Plan's Third Party Administrator by completing and submitting a Request for Reimbursement Form. You may obtain a Request for Reimbursement Form from the Plan Administrator or the Third Party Administrator. You must include with your Request for Reimbursement Form a written statement from an independent third party (e.g. a receipt, EOB, etc) associated with each expense that indicates the following: a. The nature of the expense (e.g. what type of service or treatment was provided). If the expense is for an over the counter drug, the written statement must indicate the name of the drug; b. The date the expense was incurred; and c. The amount of the expense. The Third Party Administrator will process the claim once it receives the Request for Reimbursement Form from you. Reimbursement for expenses that are determined to be Eligible Medical Expenses will be made as soon as possible after receiving the claim and processing it. If the expense is determined to not be an “Eligible Medical Expense” you will receive notification of this determination. You must submit all claims for reimbursement for Eligible Medical Expenses during the Plan Year in which they were incurred or during the Run Out Period. The Run Out Period is described in the Plan Information Summary. Q-11. What is an “Eligible Medical Expense?” An “Eligible Medical Expense” means an expense that has been incurred by you and/or your eligible Dependents that satisfies the following conditions: a. The expense is for “medical care” as defined by Code Section 213(d); and b. The expense has not been reimbursed by any other sources, and you will not seek reimbursement for the expense from any other source. The Code generally defines “medical care” as any amounts incurred to diagnose, treat , or prevent a specific medical condition or for purposes of affecting any function or structure of the body. Not every health-related expense you or your eligible Dependents incur constitutes an expense for “medical care.” For example, an expense is not for “medical care,” as that term is defined by the Code, if it is merely for the beneficial health of you and/or your eligible Dependents (e.g., vitamins or nutritional supplements that are not taken to treat a specific medical condition) or for cosmetic purposes, unless necessary to correct a deformity arising from illness, injury, or birth defect. You may, in the discretion of the Third Party Administrator/Plan Administrator, be required to provide additional documentation from a health care provider showing that you have a medical condition and/or the particular item is necessary to treat a medical condition. Expenses for cosmetic purposes are also not reimbursable unless they are necessary to correct an abnormality caused by illness, injury, or birth defect. In addition, certain expenses that might otherwise constitute “medical care” as defined by the Code are not reimbursable under any Health Care Spending Account (per Treasury regulations): a. Health insurance premiums; 2017-12-19 Agenda Packet Page 152 12 b. Expenses incurred for qualified long-term care services; c. Effective January 1, 2011, expenses for a medicine or drug unless such medicine or drug is a prescribed drug (determined without regard to whether such drug is available without a prescription) or is insulin; and d. Any other expenses that are specifically excluded by the Employer. For a list of Eligible Medical Expenses, go to www.wageworks.com and enter your user name and password. If you have opted for the HSA-Compatible or Limited Purpose Health Care Spending Account, then only those eligible dental and vision expenses may be paid under the Plan while your limited coverage is effective. Q-12. When must the expenses be incurred in order to receive reimbursement? Eligible Medical Expenses must be incurred during the Plan Year and while you are a Participant in the Plan. “Incurred” means that the service or treatment giving rise to the expense has been provided. If you pay for an expense before you are provided the service or treatment, the expense may not be reimbursed until you have been provided the service or treatment. Except as provided below, you may not be reimbursed for any expenses arising before the HCSA becomes effective, before your Salary Reduction Agreement or Election Form becomes effective, or for any expenses incurred after the close of the Plan Year, or, after a separation from service or loss of eligibility (except for expenses incurred during an applicable continuation period). Your Employer has established a “Grace Period” for the HCSA offered under the Flexible Benefits Plan that follows the end of the Plan Year during which amounts you have allocated to the HCSA that is unused at the end of the Plan Year may be used to reimburse Eligible Medical Expenses incurred during the Grace Period. The Grace Period will begin on the first day of the Plan Year following the effective date and will end two (2) months and fifteen (15) days later. For example, if the Plan Year ends December 31, 2013, the Grace Period begins January 1, 2014 and ends March 15, 2014. In order to take advantage of the Grace Period, you must be A Participant in the HCSA on the last day of the Plan Year to which the Grace Period relates, or A Qualified Beneficiary who is receiving continuation coverage under the HCSA on the last day of the Plan Year to which the Grace Period relates. The following additional rules will apply to the Grace Period: Eligible Medical Expenses incurred during a Grace Period and approved for reimbursement will be paid first from available amounts that were remaining at the end of the Plan Year to which the Grace Period relates and then from any amounts that are available to reimburse expenses incurred during the current Plan Year. 2017-12-19 Agenda Packet Page 153 13 For example, assume that $200 remains in the HCSA sub-account at the end of the 2013 Plan Year and further assume that you have elected to allocate $2,400 to the HCSA for the 2014 Plan Year. If you submit for reimbursement an Eligible Medical Expense of $500 that was incurred on the March 15, 2014, $200 of your claim will be paid out of the unused amounts remaining in the HCSA from the 2013 Plan Year and the remaining $300 will be paid out of amounts allocated to your HCSA for 2014. Expenses incurred during a Grace Period must be submitted before the end of the Run-Out Period described in this SPD. This is the same Run-Out Period for expenses incurred during the Plan Year to which the Grace Period relates. Any unused amounts from the end of a Plan Year to which the Grace Period relates that are not used to reimburse Eligible Medical Expenses incurred either during the Plan Year to which the Grace Period relates or during the Grace Period will be forfeited if not submitted for reimbursement before the end of the Run-Out Period. You may not use HCSA amounts to reimburse Eligible Employment Related Expenses and DCSA amounts may not be used to reimburse Eligible Medical Expenses. Q-13. What if the “Eligible Medical Expenses” I incur during the Plan Year are less than the annual amount I have elected for the Health Care Spending Account Reimbursement? You will not be entitled to receive any direct or indirect payment of any amount that represents the difference between the actual Eligible Medical Expenses you have incurred and the annual coverage level you have elected. Any amount allocated to a HCSA shall be forfeited by the Participant and restored to the Employer if it has not been applied to provide reimbursement for Eligible Medical Expenses incurred during the Plan Year that are submitted for reimbursement within the Run-Out Period described in the Plan Information Summary. Amounts so forfeited shall be used to offset administrative expenses and future costs, and/or applied in a manner that is consistent with applicable rules and regulations (per the Plan Administrator’s sole discretion). The Plan Administrator will determine what this amount is on a uniform basis, consistent with applicable law and IRS interpretations. Notwithstanding any other provision of this Plan, an individual who has selected a Qualified Reservist Distribution shall be considered to have made such election as an alternative to continuation coverage or USERRA coverage continuation for the HCSA (except as may otherwise be required by applicable law). Q-14. What happens if a Claim for Benefits under the Health Care Spending Account is denied? You will have the right to a full and fair review process. You should refer to Appendix I for a detailed summary of the Claims Procedures under this Plan. 2017-12-19 Agenda Packet Page 154 14 Q-15. What happens to unclaimed Health Care Spending Account Reimbursements? Any HCSA reimbursement benefit payments that are unclaimed (e.g., uncashed benefit checks) by the close of the Plan Year following the Plan Year in which the Eligible Medical Expense was incurred shall be forfeited. Q-16. What is Continuation Coverage? Federal law requires most private and governmental employers sponsoring group health plans to offer employees and their families the opportunity for a temporary extension of health care coverage (called “Continuation Coverage”) at group rates in certain instances where coverage under the plans would otherwise end. These rules apply to this HCSA, unless the Employer sponsoring the HCSA is not subject to these rules (e.g., the employer is a “small-employer” or the HCSA is a church plan). The Plan Administrator can tell you whether the Employer is subject to federal continuation rules (thus subject to the following rules). These rules are intended to summarize the continuation rights set forth under federal law. If federal law changes, only the rights provided under applicable federal law will apply. To the extent that any greater rights are set forth herein, they shall not apply. When Coverage May Be Continued Only “Qualified Beneficiaries” are eligible to elect Continuation Coverage if they lose coverage as a result of a “Qualifying Event.” A “Qualified Beneficiary” is the Participant, covered Spouse and/or covered Dependent child at the time of the Qualifying Event. A Qualified Beneficiary has the right to continue coverage if he or she loses coverage as a result of certain Qualifying Events. The table below describes the qualifying events that may entitle a Qualified Beneficiary to continuation coverage: Covered Employee Covered Spouse Covered Dependent 1. Covered Employee’s termination of employment or reduction in hours of employment 2. Divorce or Legal Separation 3. Child ceasing to be an eligible Dependent 4. Death of the covered Employee There are special rules pertaining to Health Care Spending Accounts that determine when continuation coverage is extended. Continuation Coverage is only extended when year-to-date deposits exceed year-to- date claims paid. Type of Continuation Coverage If you choose Continuation Coverage, you may continue the level of coverage you had in effect immediately preceding the Qualifying Event. However, if Plan benefits are modified for similarly situated active Employees, then they will be modified for you and other Qualified Beneficiaries as well. 2017-12-19 Agenda Packet Page 155 15 After electing Continuation Coverage, you will be eligible to make a change in your benefit election with respect to the HCSA upon the occurrence of any event that permits a similarly situated active Employee to make a benefit election change during a Plan Year. If you do not choose Continuation Coverage, your coverage under the HCSA will end with the date you would otherwise lose coverage. Notice Requirements You or your covered Dependents (including your Spouse) must notify the continuation coverage Administrator identified in the Plan Information Summary in writing of a divorce, legal separation, or a child losing Dependent status under the Plan within 60 days of the later of the date of the event or the date on which coverage is lost because of the event. Your written notice must identify the Qualifying Event, the date of the Qualifying Event, and the Qualified Beneficiaries impacted by the qualifying event. When the continuation coverage Administrator is notified that one of these events has occurred, the Plan Administrator will in turn notify you that you have the right to choose Continuation Coverage by sending you the appropriate election forms. Notice to an Employee's Spouse is treated as notice to any covered Dependents who reside with the Spouse. You may be required to provide additional supporting documentation. An Employee or covered Dependent is responsible for notifying the continuation coverage Administrator if he or she becomes covered under another group health plan. Election Procedures and Deadlines Each Qualified Beneficiary is entitled to make a separate election for continuation coverage under the Plan if they are not otherwise covered as a result of another Qualified Beneficiary’s election. In order to elect Continuation Coverage, you must complete the Election Form(s) within 60 days from the date you would lose coverage for one of the reasons described above or the date you are sent notice of your right to elect Continuation Coverage, whichever is later and send it to the continuation coverage Administrator identified in the Plan Information Summary. Failure to return the election form within the 60-day period will be considered a waiver of your Continuation Coverage rights. Cost You will have to pay the entire cost of your Continuation Coverage. The cost of your Continuation Coverage will not exceed 102% of the applicable premium for the period of Continuation Coverage. The first contribution after electing Continuation Coverage will be due 45 days after you make your election. Subsequent contributions are due the first day of each month; however, you have a 30-day grace period following the due date in which to make your contribution. Failure to make contributions within this time period will result in automatic termination of your Continuation Coverage. When Continuation Coverage Ends The maximum period for which coverage may be continued is the end of the Plan Year in which the Qualifying Event occurs. However, in certain situations, the maximum duration of coverage may be 18 or 36 months from the Qualifying Event (depending on the type of qualifying event and the level of Non- 2017-12-19 Agenda Packet Page 156 16 elective Contributions provided by the Employer). You will be notified of the applicable maximum duration of Continuation Coverage when you have a Qualifying Event. Regardless of the maximum period, Continuation Coverage may end earlier for any of the following reasons: a. If the contribution for your Continuation Coverage is not paid on time or it is significantly insufficient (Note: if your payment is insufficient by the lesser of 10% of the required premium, or $50, you will be given 30 days to cure the shortfall); b. If you become covered under another group health plan and are not actually subject to a pre- existing condition exclusion limitation; c. If you become entitled to Medicare; or d. If the Employer no longer provides group health coverage to any of its Employees. Q-17. Will my health information be kept confidential? Under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), group health plans such as the HCSA and the Third Party Administrators are required to take steps to ensure that certain “protected health information” is kept confidential. You may receive a separate notice that outlines the Employer’s health privacy policies. Q-18. How long will the Health Care Spending Account remain in effect? Although the Employer expects to maintain the Plan indefinitely, it has the right to modify or terminate the Plan or any of its Component Programs at any time and for any reason. 2017-12-19 Agenda Packet Page 157 17 Newborns’ and Mothers’ Health Protection Act of 1996 Group health plans and health insurance issuers generally may not, under federal law, restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child to less than 48 hours following a vaginal delivery, or less than 96 hours following a cesarean section. However, federal law generally does not prohibit the mother's or newborn's attending provider, after consulting with the mother, from discharging the mother or her newborn earlier than 48 hours (or 96 hours, as applicable). In any case, plans and issuers may not, under federal law, require that a provider obtain authorization from the plan or the issuer for prescribing a length of stay not in excess of 48 hours (or 96 hours). 2017-12-19 Agenda Packet Page 158 18 CITY OF CHULA VISTA FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION Dependent Care Spending Account Component Summary Q-1. Who can participate in the Dependent Care Spending Account? Each Employee who satisfies the DCSA Eligibility Requirements is eligible to participate in the DCSA on the DCSA Eligibility Date. The DCSA Eligibility Requirements and Eligibility Date are described in the Plan Information Summary. Q-2. How do I become a Participant? If you have otherwise satisfied the DCSA Eligibility Requirements, you become a Participant in the DCSA by electing Dependent Care Reimbursement benefits during the Initial or Annual Election Periods described in Q-6 of the Cafeteria Plan Component Summary. Your participation in the DCSA will be effective on the date that you make the election or your DCSA Eligibility date, whichever is later. See the Plan Information Summary for your Employer’s Plan specifics. If you have made an election to participate and you want to participate during the next Plan Year, you may be required to make an election during the Annual Election Period, even if you do not change your current election. Alternatively, if your Employer’s Plan allows “Evergreen Elections,” you may be deemed to have elected to continue your Benefit Plan Option elections in affect as of the end of the Plan Year in which the Annual Election Period took place. You may also become a Participant if you experience a Change in Status Event or Cost or Coverage Change that permits you to enroll mid-year (See Q-7 of the Cafeteria Plan Component Summary for more details regarding mid-year election changes and the effective date of those changes). Q-3. What is my “Dependent Care Spending Account?” If you elect to participate in the DCSA, the Employer will establish a “Dependent Care Spending Account” to keep a record of the reimbursements you are entitled to, as well as the contributions you elected to withhold for such benefits during the Plan Year. No actual account is established; it is merely a bookkeeping account. Q-4. When does my coverage under the Dependent Care Spending Account end? Your coverage under the DCSA ends on the earlier of the following to occur. See the Plan Information Summary for your Employer’s Plan specifics. a. The date you elect not to participate in accordance with the Cafeteria Plan Component Summary; b. The last day of the Plan Year unless you make an election during the Annual Election Period; c. The date you no longer satisfy the DCSA Eligibility Requirements; d. The date you terminate employment; or 2017-12-19 Agenda Packet Page 159 19 e. The date the Plan is terminated or you or the class of eligible Employees of which you are a member are specifically excluded from the Plan. Q-5. Can I ever change my Dependent Care Spending Account election? You can change your election under the DCSA in the following situations: a. For any reason during the Annual Election Period. You can change your election during the Annual Election Period for any reason. The election change will be effective the first day of the Plan Year following the end of the Annual Election Period. b. Following a Change in Status Event or Cost or Coverage Change. You may change your DCSA election during the Plan Year only if you experience an applicable Change in Status Event or there is a significant Cost or Coverage change. See Q-7 of the Cafeteria Plan Component Summary for more information on election changes. Q-6. What happens to my Dependent Care Spending Account if I take an unpaid leave of absence? Refer to the Cafeteria Plan Component Summary and the Election Change Chart to determine what, if any specific changes you can make during a leave of absence. Q-7. What is the maximum annual Dependent Care Spending Account Reimbursement that I may elect under the Dependent Care Spending Account? The annual amount cannot exceed the maximum DCSA reimbursement amount specified in Internal Revenue Code Section 129. The IRS Code Section 129 maximum amount is currently $5,000 per calendar year if you: a. Are married and file a joint return; b. Are married, but your Spouse maintains a separate residence for the last 6 months of the calendar year, you file a separate tax return, and you furnish more than one-half the cost of maintaining those Dependents for whom you are eligible to receive tax-free reimbursements under the DCSA; or c. Are single. If you are married and reside together, but file a separate federal income tax return, the maximum Dependent Care Spending Account Reimbursement that you may elect is $2,500. In addition, the amount of reimbursement that you receive on a tax-free basis during the Plan Year cannot exceed the lesser of the earned income (as defined in Code Section 32) or your Spouse earned income. Your Spouse will be deemed to have earned income of $250 if you have one Qualifying Individual and $500 if you have two or more Qualifying Individuals (described below), for each month in which your Spouse is: a. Physically or mentally incapable of caring for himself or herself; or b. A full-time student (as defined by Code Section 21). 2017-12-19 Agenda Packet Page 160 20 Q-8. How do I pay for Dependent Care Spending Account Reimbursements? When you complete the Salary Reduction Agreement or Election Form, you specify the amount of DCSA Reimbursement you wish to pay for with Pretax Contributions and/or Non-elective Employer Contributions, to the extent available. Your enrollment material will indicate if Non-elective Contributions are available for DCSA coverage. Thereafter, each paycheck will be reduced by an amount equal to a pro-rata share of the annual contribution, reduced by any Non-elective Employer Contributions allocated to your DCSA. Q-9. What is an “Eligible Employment-Related Expense” for which I can claim a reimbursement? You may be reimbursed for work-related dependent care expenses (“Eligible Employment-Related Expenses”). Generally, an expense must meet all of the following conditions for it to be an Eligible Employment Related Expense: a. The expense is incurred for services rendered after the date of your election to receive DCSA reimbursement benefits and during the calendar year to which it applies. b. Each individual for whom you incur the expense is a "Qualifying Individual.” A Qualifying Individual is: (i) An individual age 12 or under who is a "qualifying child" of the Employee as defined in Code Section 152(a)(1). Generally speaking, a "qualifying child" is a child (including a brother, sister, step sibling) of the Employee or a descendant of such child (e.g. a niece, nephew, grandchild) who shares the same principal place of abode with you for more than half the year and does not provide over half of his/her support. (ii) A Spouse or other tax Dependent (as defined in Code Section 152) who is physically or mentally incapable of caring for himself or herself and who has the same principal place of abode as you for more than half of the year. Note: There is a special rule for children of divorced parents. If you are divorced, the child is a qualifying individual of the “custodial” parent (as defined in Code Section 152); c. The expense is incurred for the care of a Qualifying Individual (as described above), or for related household services, and is incurred to enable you (and your Spouse, if applicable) to be gainfully employed. Expenses for overnight stays or overnight camps are not eligible. Tuition expenses for kindergarten (or above) do not qualify. d. If the expense is incurred for services outside your household and such expenses are incurred for the care of a Qualifying Individual who is age 13 or older, such Dependent must regularly spend at least 8 hours per day in your home. e. If the expense is incurred for services provided by a dependent care center (i.e., a facility that provides care for more than 6 individuals not residing at the facility), the center complies with all applicable state and local laws and regulations. 2017-12-19 Agenda Packet Page 161 21 f. The expense is not paid or payable to a “child” (as defined in Code Section 152(f)(1)) of yours who is under age 19 the entire year in which the expense is incurred or an individual for whom you or your Spouse is entitled to a personal tax exemption as a Dependent. g. You must supply the taxpayer identification number for each dependent care service provider to the IRS with your annual tax return by completing IRS Form 2441. You are encouraged to consult your personal tax advisor or IRS Publication 17 “Your Federal Income Tax” for further guidance as to what is or is not an Eligible Employment-Related Expense if you have any doubts. In order to exclude from income the amounts you receive as reimbursement for dependent care expenses, you are generally required to provide the name, address, and taxpayer identification number of the dependent care service provider on your federal income tax return. Q-10. How do I receive reimbursement under the Dependent Care Spending Account? Under this DCSA, you have two reimbursement options. You can complete and submit a written Claim Form for reimbursement (“Pay Me Back Claim”). Alternatively, you can request payment directly to your provider (“Pay My Provider”). The following is a summary of how both options work. When you incur an Eligible Employment-Related Expense, you file a claim with the Plan's Third Party Administrator by completing and submitting a Pay Me Back Claim Form. You may obtain a Pay Me Back Claim Form at www.wageworks.com. Simply enter your user name and password, or select First Time User to complete the online registration process to access your account online. You must include with your Pay Me Back Claim Form a written statement from an independent third party (e.g., a receipt, etc.) associated with each expense that indicates the following: a. The date(s) the expense was incurred; b. The nature of the expense (e.g., what type of service was provided); and c. The amount of the expense. The Third Party Administrator will process the claim once it receives the Pay Me Back Claim Form from you. Reimbursement for expenses that are determined to be Eligible Employment-Related Expenses will be made as soon as possible after receiving the claim and processing it. If the expense is determined to not be an “Eligible Employment-Related Expense,” you will receive notification of this determination. You must submit all claims for reimbursement for Eligible Employment-Related Expenses during the Plan Year in which they were incurred or during the Claim-It-By or Run-Out Period. The Run-Out Period is described in the Plan Information Summary. If your claim was for an amount that was more than your current DCSA balance, the excess part of the claim will be carried over into following months, to be paid out as your balance becomes adequate. You must incur the expense in order to receive payment. “Incurred” means the service has been provided without regard to whether you have paid for the service. Payments for advance services are not reimbursable because they have not yet been incurred. For example, Employee A pays the monthly day care fee on January 1 and then submits a copy of the receipt on January 3. The expense for the entire month is not reimbursable until the services for that month have been performed. In addition, you must certify with each claim that you have not been reimbursed for the expense(s) from any other source and you will not seek reimbursement from any other source. 2017-12-19 Agenda Packet Page 162 22 Q-11. When must the expenses be incurred in order to receive reimbursement? Eligible Employment-Related Expenses must be incurred during the Plan Year. You may not be reimbursed for any expense arising before the DCSA become effective, before your Salary Reduction Agreement or Election Form becomes effective, or for any expenses incurred after the close of the Plan Year and unless noted otherwise in the Plan Information Summary, after your participation the DCSA ends. Your Employer has established a “Grace Period” for the DCSA offered under the Flexible Benefits Plan that follows the end of the Plan Year during which amounts you have allocated to the DCSA that is unused at the end of the Plan Year may be used to reimburse Eligible Employment Related Expenses incurred during the Grace Period. The Grace Period will begin on the first day of the Plan Year following the effective date and will end two (2) months and fifteen (15) days later. For example, if the Plan Year ends December 31, 2013, the Grace Period begins January 1, 2014 and ends March 15, 2014. In order to take advantage of the Grace Period, you must be a Participant in the DCSA on the last day of the Plan Year to which the Grace Period relates. The following additional rules will apply to the Grace Period: Eligible Employment Related Expenses incurred during a Grace Period and approved for reimbursement will be paid first from available amounts that were remaining at the end of the Plan Year to which the Grace Period relates and then from any amounts that are available to reimburse expenses incurred during the current Plan Year. For example, assume that $200 remains in the DCSA sub-account at the end of the 2013 Plan Year and further assume that you have elected to allocate $2,400 to the DCSA for the 2014 Plan Year. If you submit for reimbursement an Eligible Employment Related Expense of $500 that was incurred on the March 15, 2014, $200 of your claim will be paid out of the unused amounts remaining in the DCSA from the 2013 Plan Year and the remaining $300 will be paid out of amounts allocated to your DCSA for 2014. Expenses incurred during a Grace Period must be submitted before the end of the Run-Out Period described in this SPD. This is the same Run-Out Period for expenses incurred during the Plan Year to which the Grace Period relates. Any unused amounts from the end of a Plan Year to which the Grace Period relates that are not used to reimburse Eligible Employment Related Expenses incurred either during the Plan Year to which the Grace Period relates or during the Grace Period will be forfeited if not submitted for reimbursement before the end of the Run-Out Period. You may not use DCSA amounts to reimburse Eligible Medical Expenses and HCSA amounts may not be used to reimburse Eligible Employment Related Expenses. 2017-12-19 Agenda Packet Page 163 23 Q-12. What if the “Eligible Employment-Related Expenses” I incur during the Plan Year are less than the annual amount of coverage I have elected for Dependent Care Spending Account Reimbursement? You will not be entitled to receive any direct or indirect payment of any amount that represents the difference between the actual Eligible Employment-Related Expenses you have incurred, on the one hand, and the annual DCSA reimbursement you have elected and paid for, on the other. Any amount credited to a DCSA shall be forfeited by the Participant and restored to the Employer if it has not been applied to provide the elected reimbursement for any Plan Year by the end of the Claim-It-By or Run-Out Period following the end of the Plan Year for which the election was effective. Amounts so forfeited shall be used to offset reasonable administrative expenses and future costs and/or otherwise permitted under applicable law. Q-13. Will I be taxed on the Dependent Care Spending Account benefits I receive? You will not normally be taxed on your DCSA reimbursements so long as your family aggregate DCSA reimbursement (under this DCSA and/or another employer’s DCSA) does not exceed the maximum annual reimbursement limits described above. However, to qualify for tax-free treatment, you will be required to list the names and taxpayer identification numbers on your annual tax return of any persons who provided you with dependent care services during the calendar year for which you have claimed a tax-free reimbursement. Q-14. If I participate in the Dependent Care Spending Account, will I still be able to claim the household and dependent care credit on my federal income tax return? You may not claim any other tax benefit for the tax-free amounts received by you under this DCSA, although the balance of your Eligible Employment-Related Expenses may be eligible for the dependent care credit. Q-15. What is the household and dependent care credit? The household and dependent care credit is an allowance for a percentage of your annual, Eligible Employment-Related Expenses as a credit against your federal income tax liability under the U.S. Tax Code. In determining what the tax credit would be, you may take into account $3,000 of such expenses for one Qualifying Individual, or $6,000 for two or more Qualifying Individuals. Depending on your adjusted gross income (AGI), the percentage could be as much as 35% of your Eligible Employment- Related Expenses (to a maximum credit amount of $1,050 for one Qualifying Individual or $2,100 for two or more Qualifying Individuals), to a minimum of 20% of such expenses. The maximum 35% rate must be reduced by 1% (but not below 20%) for each $2,000 portion (or any fraction of $2,000) of your adjusted gross incomes over $15,000 for taxable years beginning after 2002 and before 2013. Illustration: Assume you have one Qualifying Individual for whom you have incurred Eligible Employment-Related Expenses of $3,600, and that your adjusted gross income is $21,000. Since only one Qualifying Individual is involved, the credit will be calculated by applying the appropriate percentage to the first $3,000 of the expenses. The percentage is, in turn, arrived at by subtracting one percentage point from 35% for each $2,000 of your adjusted gross income over $15,000. The calculation is: 35% -- [$21,000 – 15,000)/$2,000 x 1% = 32%. Thus, your tax credit would be $3,000 x 32% = $960. If you 2017-12-19 Agenda Packet Page 164 24 had incurred the same expenses for two or more Qualifying Individuals, your credit would have been $3,600 x 32% = $1,152, because the entire expense would have been taken into account, not just the first $3,000. Q-16. What happens to unclaimed Dependent Care Spending Account Reimbursements? Any DCSA reimbursements that are unclaimed (e.g., uncashed benefit checks) by the close of the Plan Year following the Plan Year in which the Eligible Employment-Related Expense was incurred shall be forfeited. Q-17. What happens if my claim for reimbursement under the Dependent Care Spending Account is denied? You will have the right to a full and fair review process. You should refer to Appendix I for a detailed summary of the Claims Procedures under this Plan. Q-18 How long will the Dependent Care Spending Account remain in effect? Although the Employer expects to maintain the Plan indefinitely, it has the right to modify or terminate the program at any time for any reason. 2017-12-19 Agenda Packet Page 165 25 PLAN INFORMATION SUMMARY TO THE CITY OF CHULA VISTA PLAN SUMMARY PLAN DESCRIPTION This Appendix provides information specific to the City of Chula Vista Cafeteria Plan. A. Employer/Plan Sponsor Information 1. Name, address and phone number of Plan Sponsor: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 619-585-5620 2. Name, address and phone number of Plan Administrator: The Plan Administrator shall have the exclusive right to interpret the Plan and to decide all matters arising under the Plan, including the right to make determinations of fact, and construe and interpret possible ambiguities, inconsistencies, or omissions in the Plan and the SPD issued in connection with the Plan. City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 619-585-5620 3. Federal Tax Identification 95-6000690 4. Controlling Law: California 5. Plan Number: 501 6. Initial Effective Date: This is the date that the Plan was first established. Prior to 1991 7. Amended and Restated Date: January 1, 2013 8. Initial Plan Year: January 1 through December 31 9. All subsequent Plan Years (If different from 8) -- 10. Affiliated Employers participating in the Plan: NA 11. Third Party Administrator: WageWorks, Inc. 1100 Park Place 4th Floor San Mateo, CA 94403 2017-12-19 Agenda Packet Page 166 26 B. Cafeteria Plan Component Information (a) Cafeteria Plan Eligibility Requirements and Eligibility Date. Each Employee who is a regular full-time or part-time Employee working a minimum of 20 hours per week and who is eligible for coverage or participation under any of the Benefit Plan Options (“Cafeteria Plan Eligibility Requirements) will be eligible to participate in this Plan on the date of hire (“Cafeteria Plan Eligibility Date”). The Employee’s commencement of participation in the Plan is conditioned on the Employee properly completing and submitting a Salary Reduction Agreement or Election Form as summarized in this SPD. Eligibility for coverage under any given Benefit Plan Option shall be determined not by this Plan but by the terms of that Benefit Plan Option. (b) Cafeteria Plan Annual Election Rules. With respect to Benefit Plan Option elections, including the HCSA and DCSA elections, failure to make an election during the Annual Election Period will result in the following deemed election(s): Dental, Vision, HCSA and DCSA - The Employee will be deemed to have elected not to participate during the subsequent plan year. Coverage under the Benefit Plan Options offered under the Plan will end the last day of the Plan Year in which the Annual Election Period occurred. Medical - The Employee will be deemed to have elected to continue his Benefit Plan Option elections in effect as of the end of the plan Year in which the Annual Election Period took place, unless Employee notifies the company in writing of a qualifying status change or at any time before the end of the Plan Year for the following Plan Year. This is called an “Evergreen Election”. (c) Change of Election Period. If you experience a Change in Status Event or Cost or Coverage Change as described in the Cafeteria Plan Component Summary and in the Election Change Chart, you may make the permitted election changes described in the Election Change Chart either by making a mid-year election change online at www.wageworks.com or by submitting an Election Change Form within 30 days after the date of the event. If you are participating in an insured arrangement that provides a longer Election Change Period, the Election Change Period described in the insurance policy will apply. (d) Benefits Plan Options: The Employer elects to offer to eligible Employees the following Benefit Plan Option(s) subject to the terms and conditions of the Plan and the terms and conditions of the Benefit Plan Options. These Benefit Plan Option(s) are specifically incorporated herein by reference. The maximum Pretax Contributions a Participant can contribute via the Salary Reduction Agreement is the aggregate cost of the applicable Benefit Plan Options selected reduced by any Non-elective Contributions made by the Employer. It is intended that such Pretax Contribution 2017-12-19 Agenda Packet Page 167 27 amounts will, for tax purposes, constitute an Employer contribution, but may constitute Employee contributions for state insurance law purposes. 1. Premium Expense Plan (Medical, Dental, Vision) 2. Health Care Spending Account 3. Dependent Care Spending Account 2017-12-19 Agenda Packet Page 168 28 C. Health Care Spending Account Component Information (a) HCSA Eligibility Requirements and Eligibility Date. Each Employee who is a regular full- time or part-time Employee working a minimum of 20 hours per week (HCSA Eligibility Requirements) is eligible to participate in the HCSA on the date of hire (“HCSA Eligibility Date”). (b) Annual Health Care Spending Account Amount. The maximum annual HCSA reimbursement may not exceed the lesser of the HCSA reimbursement amount elected for that year or $5,000. Effective January 1, 2013, the maximum annual HCSA reimbursement may not exceed the lesser of the HCSA reimbursement amount elected for that year of $2,500. (This amount is indexed to reflect any anticipated cost of living adjustment as assigned by the IRS). The minimum reimbursement amount that may be elected under the HCSA is $0. (c) Coverage Effective Date for Qualified Changes Coverage following a qualified life change will begin on any day of the month following your request for new enrollment or change in enrollment. (d) Coverage End Date for Qualified Changes If coverage is revoked following a qualified life change, coverage will end on any day of the month following the request to revoke coverage. (e) Coverage End Date Under the Health Care Spending Account Coverage will end immediately upon cessation of participation under the HCSA. (f) Run-Out Period (Claim-It-By Date). The Claim-It-By Date/Run-Out Period is the deadline date in which expenses incurred during a coverage period must be submitted to be eligible for reimbursement. Claims must be received by this date to be eligible for reimbursement from the Plan. a. The Mid-Year Run-Out Period for terminated Employees ends 3 months after their termination date. b. The End-of-Plan Run-Out Period for an Employee who is covered through the end of the Plan Year ends 3 months after the end of the Plan Year. (g) Grace Period. The Grace Period is the two months and fifteen day period after the end of the Plan Year for which Eligible Medical Expenses can continue to be incurred should a balance remain in the account as of the last day of the Plan Year. Each Plan Year the Grace Period will begin January 1 and end March 15. All expenses incurred during the Grace Period with the intent to use up any monies from the previous Plan Year, must be submitted within the End-of-Plan Run-Out Period. 2017-12-19 Agenda Packet Page 169 29 (h) Continuation Coverage Administrator. The Continuation Coverage administrator for the HCSA is City of Chula Vista is WageWorks. (i) Method of Funding. HCSA benefits are paid from the Employer’s general assets. 2017-12-19 Agenda Packet Page 170 30 D. Dependent Care Spending Account Component Information (a) DCSA Eligibility Requirements and Eligibility Date. Each Employee who is a regular full-time or part-time Employee working a minimum of 20 hours per week (DCSA Eligibility Requirements) is eligible to participate in the DCSA on date of hire (“DCSA Eligibility Date”). (b) Annual Dependent Care Spending Account Amount. The maximum annual DCSA reimbursement each calendar year may not exceed the lesser of the DCSA reimbursement amount elected for that year or $5,000 (or $2,500 for married filling separate returns). The minimum reimbursement amount that may be elected under the DCSA is $0. (c) Coverage End Date Under the Dependent Care Spending Account. Coverage will end immediately upon cessation of participation under the DCSA. (d) Run-Out Period (Claim-It-By Date). The Claim-It-By Date/Run-Out Period is the deadline date in which expenses incurred during a coverage period must be submitted to be eligible for reimbursement. Claims must be received by this date to be eligible for reimbursement from the Plan. a. The Mid-Year Run-Out Period for terminated Employees ends 3 months after their termination date. b. The End-of-Plan Run-Out Period for Employees who are covered through the end of the Plan Year ends 3 months after the end of the Plan Year. (e) Method of Funding. DCSA benefits are paid from the Employer’s general assets. 2017-12-19 Agenda Packet Page 171 31 APPENDIX I – CLAIMS REVIEW PROCEDURE The Plan has established the following claims review procedure in the event you are denied a benefit under this Plan. The procedure set forth below does not apply to benefit claims filed under the Benefit Plan Options other than the Health Care Spending Account and Dependent Care Spending Account. Step 1: Notice of denial is received from Third Party Administrator. If your claim is denied, you will receive written notice from the Third Party Administrator that your claim is denied as soon as reasonably possible, but no later than 30 days after receipt of the claim. For reasons beyond the control of the Third Party Administrator, the Third Party Administrator may take up to an additional 15 days to review your claim. You will be provided written notice of the need for additional time prior to the end of the 30-day period. If the reason for the additional time is that you need to provide additional information, you will have 45 days from the notice of the extension to obtain that information. The time period during which the Third Party Administrator must make a decision will be suspended until the earlier of the date that you provide the information or the end of the 45-day period. Step 2: Review your notice carefully. Once you have received your notice from the Third Party Administrator, review it carefully. The notice will contain: a. The reason(s) for the denial and the Plan provisions on which the denial is based; b. A description of any additional information necessary for you to perfect your claim, why the information is necessary, and your time limit for submitting the information; c. A description of the Plan’s appeal procedures and the time limits applicable to such procedures; and d. A right to request all documentation relevant to your claim. Step 3: If you disagree with the decision, file an appeal. If you do not agree with the decision of the Third Party Administrator, you may file a written appeal. Your appeal must be received within 180 days of the date you received notice that your claim was denied. You should submit all information identified in the notice of denial as necessary to perfect your claim and any additional information that you believe would support your claim to: WageWorks Claims Appeal Board, P.O. Box 991, Mequon, WI 53092-0991 or fax to 877-220-3248. The Appeal Review Process is documented at www.wageworks.com/hcdcappeals.pdf. Step 4: Second notice of denial is received from Third Party Administrator. If the claim is again denied, you will be notified in writing by the Third Party Administrator as soon as possible but no later than 30 days after receipt of the appeal. Step 5: Review your notice carefully. You should take the same action that you take in Step 2 described above. The notice will contain the same type of information that is provided in the first notice of denial provided by the Third Party Administrator. Step 6: If you still disagree with the Third Party Administrator’s decision, file a second level appeal with the Plan Administrator. If you still do not agree with the Third Party Administrator’s decision and you wish to appeal, you must file a written appeal with the Plan Administrator within the time period set forth in the first level appeal denial notice from the Third Party Administrator. You should gather any 2017-12-19 Agenda Packet Page 172 32 additional information that is identified in the notice as necessary to perfect your claim and any other information that you believe will support your claim. If the Plan Administrator denies your second level appeal, you will receive notice within 30 days after the Plan Administrator receives your claim. The notice will contain the same type of information that was referenced in Step 1 above. Important Information Other important information regarding your appeals: a. Health Care Spending Account Only: Each level of appeal will be independent from the previous level (i.e., the same person(s) or subordinates of the same person(s) involved in a prior level of appeal will not be involved in the appeal); b. On each level of appeal, the Third Party Administrator will review relevant information that you submit even if it is new information; and c. You cannot file suit in federal court until you have exhausted these appeals procedures. 2017-12-19 Agenda Packet Page 173 33 APPENDIX II – TAX ADVANTAGES EXAMPLE As indicated in the SPD, participating in the Plan can actually increase your take home pay. Consider the following example: You are married and have one child. The Employer pays for 80% of your medical insurance premiums, but only 40% for your family. You pay $2,400 in premiums ($400 for your share of the Employee-only premium, plus $2,000 for family coverage under the Employer's major medical insurance plan). You earn $50,000 and your Spouse (a student) earns no income. You file a joint tax return. If you participate in the Cafeteria Plan If you do not participate in the Cafeteria Plan 1. Gross Income $50,000 $50,000 2. Salary Reductions for Premiums $2,400 (pretax) $0 3. Adjusted Gross Income $47,600 $50,000 4. Standard Deduction ($9,700) ($9,700) 5. Exemptions ($9,300) ($9,300) 6. Taxable Income $28,600 $31,000 7. Federal Income Tax (Line 6 x applicable tax schedule) ($3,590) ($3,904) 8. FICA Tax (7.65% x Line 3 Amount ($3,641) ($3,825) 9. After-tax Contributions ($0) ($2400) 10. Pay After Taxes and Contributions $40,365 $39,821 11. Take Home Pay Difference $544 2017-12-19 Agenda Packet Page 174 34 APPENDIX III – ELECTION CHANGE CHART The following is a summary of the election changes that are permitted under this Plan. However, please note that election changes that are permitted under this Plan may not be permitted under the Benefit Plan Option (e.g., the insurance carrier may not allow a change). If a change is not permitted under a Benefit Plan Option, no election change is permitted under the Plan. Likewise, a Benefit Plan Option may allow an election change that is not permitted by this Plan. In that case, your pretax reduction may not be changed even though a coverage change is permitted. First, we describe the general rules regarding election changes that are established by the IRS. Then, you should look to the chart to determine under what circumstances you are permitted to make an election under this Plan and the scope of the changes you may make. 1. Change in Status. Election changes may be allowed if a Participant or a Participant’s Spouse or Dependent experiences one of the Change in Status Events set forth in the chart. The election change must be on account of and correspond with the Change in Status Event as determined by the Plan Administrator (or its designated Third Party Administrator). With the exception of enrollment resulting from birth, placement for adoption or adoption, all election changes are prospective (generally the first of the month following the date you make a new election with the Third Party Administrator but it may be earlier depending on the Employer’s internal policies or procedures). As a general rule, a desired election change will be found to be consistent with a Change in Status Event if the event the Change in Status affects eligibility for coverage. A Change in Status affects eligibility for coverage if it results in an increase or decrease in the number of Dependents who may benefit under the Plan. In addition, you must also satisfy the following specific requirements in order to alter your election based on that Change in Status: Loss of Dependent Eligibility. For accident and health benefits (e.g., health, dental and vision coverage), a special rule governs which types of election changes are consistent with the Change in Status. For a Change in Status involving a divorce, annulment or legal separation, the death of a Spouse or Dependent, or a Dependent ceasing to satisfy the eligibility requirements for coverage, an election to cancel accident or health benefits for any individual other than the Spouse involved in the divorce, annulment, or legal separation, the deceased Spouse or Dependent, or the Dependent that ceased to satisfy the eligibility requirements, would fail to correspond with that Change in Status. Hence, you may only cancel accident or health coverage for the affected Spouse or Dependent. However, there are instances in which you may be able to increase your Pretax Contributions to pay for continuation coverage of a Dependent. Contact the Third Party Administrator for more information. Example: Employee Mike is married to Sharon, and they have one child. The Employer offers a calendar year cafeteria plan that allows employees to elect no health coverage, employee-only coverage, employee-plus-one-dependent coverage, or family coverage. Before the plan year, Mike elects family coverage for himself, his wife Sharon, and their child. Mike and Sharon subsequently divorce during the plan year; Sharon loses eligibility for coverage under the plan, while the child is still eligible for coverage under the plan. Mike now wishes to cancel his previous election and elect no health coverage. The divorce between Mike and Sharon constitutes a Change in Status. An election to cancel coverage for Sharon is 2017-12-19 Agenda Packet Page 175 35 consistent with this Change in Status. However, an election to cancel coverage for Mike and/or the child is not consistent with this Change in Status. In contrast, an election to change to employee-plus-one-dependent coverage would be consistent with this Change in Status. Gain of Coverage Eligibility Under Another Employer’s Plan. For a Change in Status in which a Participant or his or her Spouse or Dependent gain eligibility for coverage under another employer’s cafeteria plan or benefit plan as a result of a change in marital status or a change in the Participant’s, the Participant’s Spouse’s, or the Participant’s Dependent’s employment status, an election to cease or decrease coverage for that individual under the Plan would correspond with that Change in Status only if coverage for that individual becomes effective or is increased under the other employer’s plan. Dependent Care Spending Account Benefits. With respect to the Dependent Care Spending Account benefit, an election change is permitted only if (1) such change or termination is made on account of and corresponds with a Change in Status that affects eligibility for coverage under the Plan; or (2) the election change is on account of and corresponds with a Change in Status that affects the eligibility of Dependent Care Spending Account expenses for the available tax exclusion. Example: Employee Mike is married to Sharon, and they have a 12 year-old daughter. The Employer’s plan offers a dependent care spending account reimbursement program as part of its cafeteria plan. Mike elects to reduce his salary by $2,000 during a plan year to fund dependent care coverage for his daughter. In the middle of the plan year when the daughter turns 13 years old, however, she is no longer eligible to participate in the dependent care program. This event constitutes a Change in Status. Mike’s election to cancel coverage under the dependent care program would be consistent with this Change in Status. Group Term Life Insurance, Disability Income, or Dismemberment Benefits (if offered under the Plan. See the list of Benefit Plan Options offered under the Plan). For group term life insurance, disability income and accidental death and dismemberment benefits only if a Participant experiences any Change in Status (as described above), an election to either increase or decrease coverage is permitted. Example: Employee Mike is married to Sharon and they have one child. The Employer’s plan offers a cafeteria plan which funds group-term life insurance coverage (and other benefits) through salary reduction. Before the plan year Mike elects $10,000 of group-term life insurance. Mike and Sharon subsequently divorce during the plan year. The divorce constitutes a Change in Status. An election by Mike either to increase or to decrease his group-term life insurance coverage would each be consistent with this Change in Status. 2. Special Enrollment Rights. If a Participant, Participant’s Spouse and/or Dependent are entitled to special enrollment rights under a Benefit Plan Option that is a group health plan, an election change to correspond with the special enrollment right is permitted. Thus, for example, if an otherwise eligible Employee declined enrollment in medical coverage for the Employee or the Employee’s eligible Dependents because of outside medical coverage and eligibility for such coverage is subsequently lost due to certain reasons (e.g., due to legal separation, divorce, death, termination of 2017-12-19 Agenda Packet Page 176 36 employment, reduction in hours, or exhaustion of a coverage continuation period), the Employee may be able to elect medical coverage under the Plan for the Employee and his or her eligible Dependents who lost such coverage. Furthermore, if an otherwise eligible Employee gains a new Dependent as a result of marriage, birth, adoption, or placement for adoption, the Employee may also be able to enroll the Employee, the Employee’s Spouse, and the Employee’s newly acquired Dependent, provided that a request for enrollment is made within the Change of Election Period. An election change that corresponds with a special enrollment must be prospective, unless the special enrollment is attributable to the birth, adoption, or placement for adoption of a child, which may be retroactive up to 30 days. Please refer to the group health plan summary description for an explanation of special enrollment rights. Effective April 1, 2009, if an otherwise eligible Employee (1) loses coverage under a Medicaid Plan under Title XIX of the Social Security Act; (2) loses coverage under State Children’s Health Insurance Program (SCHIP) under Title XXI of the Social Security Act; or (3) becomes eligible for group health plan premium assistance under Medicaid or SCHIP, the Employee is entitled to special enrollment rights under a Benefit Plan Option that is a group health plan, and an election change to correspond with the special enrollment right is permitted. Thus, for example, if an otherwise eligible Employee declined enrollment in medical coverage for the Employee or the Employee’s eligible Dependents because of medical coverage under Medicaid or SCHIP and eligibility for such coverage is subsequently lost, the Employee may be able to elect medical coverage under a Benefit Option for the Employee and his or her eligible Dependents who lost such coverage. Furthermore, if an otherwise eligible Employee and/or Dependent gains eligibility for group health plan premium assistance from SCHIP or Medicaid, the Employee may also be able to enroll the Employee, and the Employee’s Dependent, provided that a request for enrollment is made within the 60 days from the date of the loss of other coverage or eligibility for premium assistance. Please refer to the group health plan summary description for an explanation of special enrollment rights. 3. Certain Judgments, Decrees and Orders. If a judgment, decree or order from a divorce, separation, annulment or custody change requires a Dependent child (including a foster child who is your tax Dependent) to be covered under this Plan, an election change to provide coverage for the Dependent child identified in the order is permissible. If the order requires that another individual (such as your former Spouse) cover the Dependent child, and such coverage is actually provided, you may change your election to revoke coverage for the Dependent child. 4. Entitlement to Medicare or Medicaid. If a Participant or the Participant’s Dependents become entitled to Medicare or Medicaid, an election to cancel that person’s accident or health coverage is permitted. Similarly, if a Participant or Participant’s Dependents who have been entitled to Medicare or Medicaid loses eligibility for such, you may elect to begin or increase that person’s acciden t or health coverage. 5. Change in Cost. If the cost of a Benefit Plan Option significantly increases, a Participant may choose either to make an increase in contributions, revoke the election and receive coverage under another Benefit Plan Option that provides similar coverage, or drop coverage altogether if no similar coverage exists. If the cost of a Benefit Plan Option significantly decreases, a Participant who elected to participate in another Benefit Plan Option may revoke the election and elect to receive coverage provided under the Benefit Plan Option that decreased in cost. In addition, otherwise eligible 2017-12-19 Agenda Packet Page 177 37 Employees who elected not to participate in the Plan may elect to participate in the Benefit Plan Option that decreased in cost. For insignificant increases or decreases in the cost of Benefit Plan Options, however, Pretax Contributions will automatically be adjusted to reflect the minor change in cost. The Plan Administrator will have final authority to determine whether the requirements of this section are met. (Please note that none of the above "Change in Cost" exceptions are applicable to a Health Care Spending Account.) Example: Employee Mike is covered under an indemnity option of his employer’s accident and health insurance coverage. If the cost of this option significantly increases during a period of coverage, the Employee may make a corresponding increase in his payments or may instead revoke his election and elect coverage under an HMO option. 6. Change in Coverage. If coverage under a Benefit Plan Option is significantly curtailed, a Participant may elect to revoke his or her election and elect coverage under another Benefit Plan Option that provides similar coverage. If the significant curtailment amounts to a complete loss of coverage, a Participant may also drop coverage if no other similar coverage is available. Further, if the Plan adds or significantly improves a benefit option during the Plan Year, a Participant may revoke his or her election and elect to receive, on a prospective basis, coverage provided by the newly added or significantly improved option, so long as the newly added or significantly improved option provides similar coverage. Also, a Participant may make an election change that is on account of and corresponds with a change made under another employer plan (including a plan of the Employer or another employer), so long as: (a) the other employer plan permits its participants to make an election change permitted under the applicable Treasury regulations; or (b) the Plan Year for this Plan is different from the Plan Year of the other employer plan. Finally, a Participant may change his or her election to add coverage under this Plan for the Participant, the Participant’s Spouse or Dependents if such individual(s) loses coverage under any group health coverage sponsored by a governmental or educational institution. The Plan Administrator will have final discretion to determine whether the requirements of this section are met. (Please note that none of the above "Change in Coverage" exceptions are applicable to the Health Care Spending Account.) The following is a chart reflecting the election changes that may be made under the Plan with respect to each Benefit Plan Option. In addition, election changes that are permitted under this Plan are subject to any limitations imposed by the Benefit Plan Options. If an election change is permitted by this Plan but not by the Benefit Plan Option, no election change under this Plan is permitted. 2017-12-19 Agenda Packet Page 178 38 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage I. Change in Status A. Change in Employee’s Legal Marital Status 1. Gain Spouse (marriage) Employee may enroll or increase election for newly eligible Spouse and Dependent children (Note: Under IRS “tag-along” interpretation, new and preexisting Dependents may be enrolled); coverage option (e.g., HMO to PPO) change may be made; Employee may revoke or decrease Employee’s or Dependent’s coverage only when such coverage becomes effective or is increased under the Spouse’s plan. Also, see HIPAA special enrollment rule below. Same as previous column (Note: HIPAA special enrollment rights likely do not apply). Employee may enroll or increase election for newly eligible Spouse or Dependents, or likely decrease election if Employee or Dependents become an eligible Dependent under new Spouse’s health plan (Note: HIPAA special enrollment rights likely do not apply). Employee may enroll or increase to accommodate newly eligible Dependents or decrease or cease coverage if new Spouse is not employed or makes a DCSA coverage election under Spouse’s plan. Employee may enroll, increase, decrease, or cease coverage even when eligibility is not impacted. 2. Lose Spouse (divorce, legal separation, annulment, death of Spouse) (See loss of Dependent eligibility below for discussion of Dependent eligibility loss following divorce, separation, etc.) Employee may revoke election only for Spouse; coverage option (e.g., HMO to PPO) change may be made; Employee may elect coverage for self or Dependents who lose eligibility under Spouse’s plan if such individual loses eligibility as a result of the divorce, legal separation, annulment, or death. (Note: Under IRS “tag- along” interpretation, any Dependents may be enrolled so long as at least one Dependent has lost coverage under the Spouse’s plan.) Same as previous column (Note: HIPAA special enrollment rights likely do not apply). Employee may decrease election for former Spouse who loses eligibility (Note: HIPAA special enrollment rights likely do not apply). Employee may enroll or increase election where coverage lost under Spouse’s health plan. Employee may enroll or increase to accommodate newly eligible Dependents (e.g., due to death of spouse) or decrease or cease coverage if eligibility is lost (e.g., because Dependent now resides with ex- Spouse). Employee may enroll, increase, decrease, or cease coverage even when eligibility is not impacted. 2017-12-19 Agenda Packet Page 179 39 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage B. Change in the Number of Employee’s Dependents 1. Gain Dependent (birth, adoption) Employee may enroll or increase coverage for newly-eligible Dependent (and any other Dependents who were not previously covered under IRS “tag-along” rule); coverage option (e.g., HMO to PPO) change may be made; Employee may revoke or decrease Employee’s or Dependent’s coverage if Employee becomes eligible under Spouse’s plan. Also, see HIPAA special enrollment rule below. Same as previous column (Note: HIPAA special enrollment rights likely do not apply). Same as previous column (Note: HIPAA special enrollment rights likely do not apply). Employee may enroll or increase to accommodate newly eligible Dependents (and any other Dependents who were not previously covered under IRS “tag-along” rule). Employee may enroll, increase, decrease, or cease coverage even when eligibility is not impacted. 2. Lose Dependent (death) Employee may drop coverage only for the Dependent who loses eligibility; coverage option (e.g., HMO to PPO) change may be made. Same as previous column. Employee may decrease or cease election for Dependent who loses eligibility. Employee may decrease election for Dependent who loses eligibility. Employee may enroll, increase, decrease, or cease coverage even when eligibility is not impacted. C. Change in Employment Status of Employee, Spouse, or Dependent That Affects Eligibility 1. Commencement of Employment by Employee, Spouse, or Dependent (or Other Change in Emplo yment Status) That Triggers Eligibility a. Commencement of Employment by Employee or Other Change in Employment Status (e.g., PT to FT, hourly to salaried, etc.) Triggering Eligibility Under Component Plan Provided eligibility was gained for this coverage, Employee may add coverage for Employee, Spouse or Dependents and coverage option (e.g., HMO to PPO) change may be made. Same as previous column. Same as previous column. Same as previous column. Employee may enroll, increase, decrease, or cease coverage even when eligibility is not impacted. 2017-12-19 Agenda Packet Page 180 40 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage b. Commencement of Employment by Spouse or Dependent or Other Employment Event Triggering Eligibility Under Their Employer’s Plan Employee may revoke or decrease election as to Employee’s, Spouse’s, or Dependent’s coverage if Employee, Spouse or Dependent is added to Spouse’s or Dependent’s coverage; coverage option (e.g., HMO to PPO) change may be made. Same as previous column. Employee may apparently decrease or cease HCSA election if gains eligibility for health coverage under Spouse’s or Dependent’s plan. Employee may make or increase election to reflect new eligibility (e.g., if Spouse previously did not work). Employee may revoke election as to Dependent’s coverage if Dependent is added to Spouse’s plan. Employee may enroll, increase, decrease or cease coverage even when Spouse’s or Dependent’s eligibility is not impacted. 2. Termination of Employment by Employee, Spouse, or Dependent (or Other Change in Employment-Status) That Causes Loss of Eligibility a. Termination of Employee’s Employment or Other Change in Employment Status (e.g., unpaid leave, FT to PT, strike, salaried to hourly, etc.) Resulting in a Loss of Eligibility Employee may revoke or decrease election for Employee, Spouse or Dependents who lose eligibility under the plan. In addition, other previously eligible Dependents may also be enrolled under “tag-along” rule. Coverage option (HMO to PPO) change may be made. Same as previous column. Same as previous column. Employee may revoke or decrease election to reflect loss of eligibility. Employee may enroll, increase, decrease or cease coverage even when eligibility is not affected. i. Termination and Rehire Within 30 Days Prior elections at termination are reinstated unless another event has occurred that allows a change (as an alternative, Employer may prohibit participation until next plan year). Same as previous column. Same as previous column. Same as previous column. Same as previous column. ii. Termination and Rehire After 30 Days Employee may make new elections. Same as previous column. Same as previous column. Same as previous column. Same as previous column. b. Termination of Spouse’s or Dependent’s Employment (or other change in employment status resulting in a loss of eligibility under their Employer’s plan) Employee may enroll or increase election for Employee, Spouse or Dependents who lose eligibility under Spouse’s or Dependent’s Employer’s Plan. In addition, other previously eligible Dependents may also be enrolled under “tag-along” rule. Same as previous column (Note: HIPAA special enrollment rights likely do not apply). Employee may enroll or increase HCSA election if Spouse or Dependent loses eligibility for health coverage (Note: HIPAA special enrollment rights likely do not apply). Employee may enroll or increase if Spouse or Dependent loses eligibility for DCSA. Employee may decrease or cease DCSA election if Spouse’s loss of employment renders Dependents ineligible. Employee may enroll, increase, decrease or cease even when eligibility is not affected. 2017-12-19 Agenda Packet Page 181 41 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage Coverage option (e.g., HMO to PPO) change may be made; See HIPAA special enrollment rule below. D. Event Causing Employee’s Dependent to Satisfy or Cease to Satisfy Eligibility Requirements (Also see discussion of gain/loss of eligibility under Dependent or Spouse’s Employer’s plan) 1. Event by Which Dependent Satisfies Eligibility Requirements Under Employer’s Plan (attaining a specified age, becoming single, becoming a student, etc.) Employee may enroll or increase election for affected Dependent. In addition, Employee may apparently add previously eligible (but not enrolled) Dependents under “tag-along” rule; coverage option (e.g., HMO to PPO) change may be made. Same as previous column. Employee may increase election or enroll only if Dependent gains eligibility under HCSA. Employee may increase election or enroll to take into account expenses of affected Dependent. Employee may enroll, increase, decrease or cease even when eligibility is not affected. 2. Event by Which Dependent Ceases to Satisfy Eligibility Requirements Under Employer’s Plan (attaining a specified age, getting married, ceasing to be a student, etc.) Employee may decrease or revoke election only for affected Dependent. Coverage option (e.g., HMO to PPO) change may be made. Same as previous column. Employee may decrease election to take into account ineligibility of expenses of affected Dependent, but only if eligibility is lost. Employee may decrease or drop election to take into account expenses of affected Dependent. Employee may enroll, increase, decrease or cease coverage even when eligibility is not affected. E. Change in Place of Residence of Employee, Spouse, or Dependent 1. Move Triggers Eligibility Employee may enroll or increase election for newly eligible Employee, Spouse, or Dependent. Also, other previously eligible Dependents may be re-enrolled under “tag-along” rule; coverage option (e.g., HMO to PPO) change may be made. Same as previous column. No change allowed, even if underlying health coverage change occurs. N/A. Dependent care eligibility is not generally affected by place of residence (but see change in coverage below). Employee may increase or decrease even if Spouse’s or Dependent’s eligibility is not affected. 2017-12-19 Agenda Packet Page 182 42 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage 2. Move Causes Loss of Eligibility (e.g., Employee or Dependent moves outside HMO service area) Employee may revoke election or make new election if the change in residence affects the Employee’s, Spouse’s or Dependent’s eligibility for coverage option. Same as previous column. No change allowed, even if underlying health coverage change occurs. N/A. Dependent care eligibility is not generally affected by place of residence (but see change in coverage below). Employee may enroll, increase, decrease or cease even when eligibility is not affected. II. Cost Changes With Automatic Increase/Decrease in Elective Contributions (including Employer-motivated changes and changes in Employee contribution rates) Plan may automatically increase or decrease (on a reasonable and consistent basis) affected Employees’ elective contributions under the plan, so long as the terms of the plan require Employees to make such corresponding changes. Same as previous column. No change permitted. Application is unclear. Presumably, plan may automatically increase or decrease (on a reasonable and consistent basis) affected Employees’ elective contributions under the plan, so long as the terms of the plan require Employees to make such corresponding changes. Same as Major Medical column. III. Significant Cost Changes Significant Cost Increase: Affected Employee may increase election correspondingly OR revoke election and elect coverage under another benefit plan option providing similar coverage. If no option providing similar coverage is available, Employee may revoke election. Significant Cost Decrease: Employees may elect coverage (even if had not participated before) with decreased cost, and may drop election for similar coverage Same as previous column. No change permitted. Same as Major Medical column for significant cost increase, except no change can be made when the cost change is imposed by a Dependent care provider who is a relative of the Employee. Same as Major Medical column. 2017-12-19 Agenda Packet Page 183 43 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage option. Though unclear, it appears that tag-along concepts may apply. IV. Significant Coverage Curtailment (With or Without Loss of Coverage) Without Loss of Coverage: Affected participant may revoke election for curtailed coverage and make new prospective election for coverage under another benefit plan option which provides similar coverage. With Loss of Coverage: Affected participant may revoke election for curtailed coverage and make new prospective election for coverage under another benefit plan option which provides similar coverage OR drop coverage if no similar benefit plan option is available. Same as previous column. No change permitted. Election change may apparently be made whenever there is a change in provider or a change in hours of Dependent care. Same as Major Medical column. V. Addition or Significant Improvement of Benefit Plan Option Eligible employees (whether currently participating or not) may revoke their existing election and elect the newly added (or newly improved) option. Though unclear, it appears that tag-along concepts may apply. Same as previous column. No change permitted. Eligible employees (whether currently participating or not) may revoke their existing election and elect the newly added (or newly improved) option. Same as previous column. 2017-12-19 Agenda Packet Page 184 44 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage VI. Change in Coverage Under Other Employer’s Cafeteria Plan or Qualified Benefits Plan (In order for election changes to be permitted under this exception, the election change must be on account of and correspond with the change in coverage under the other Employer’s cafeteria plan or qualified benefits plan. In addition, either (1) the plan of the other Employer must permit elections specified under the applicable regulations and an election must actually be made under such plan; or (2) the Employee’s cafeteria plan must permit elections for a period of coverage different from that under the other Employer plan (“election lock” rule). A. Other Employer’s Plan Increases Coverage Employee may decrease or revoke election for Employee, Spouse, or Dependents if Employee, Spouse, or Dependents have elected or received corresponding increased coverage under other employer’s plan. Same as previous column. No change permitted. Employee may decrease or revoke election for Employee, Spouse, or Dependents if Employee, Spouse, or Dependents have elected or received corresponding increased coverage under other employer’s plan Same as previous column. B. Other Employer’s Plan Decreases or Ceases Coverage Employee may enroll or increase election for Employee, Spouse, or Dependents if Employee, Spouse, or Dependents have elected or received corresponding decreased coverage under other employer’s plan. Same as previous column. No change permitted. Employee may increase election for Employee, Spouse, or Dependents if Employee, Spouse, or Dependents have elected or received corresponding decreased coverage under other Employer’s plan. Same as previous column. C. Open Enrollment Under Plan of Other Employer Corresponding changes can be made under Employer’s plan. Corresponding changes can be made under Employer’s plan. No change permitted. Corresponding changes can be made under Employer’s plan. Corresponding changes can be made under Employer’s plan. 2017-12-19 Agenda Packet Page 185 45 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage VII. FMLA Leave (Employees can fund this coverage by (1) pre-paying their contribution obligations on a pre-tax basis (so long as the leave does not straddle two plan years); (2) making contributions on a month-by-month basis (pre-tax if they are receiving salary continuation payments); or (3) catching up on their contributions upon returning from the leave.) A. Employee’s Commencement of FMLA Leave Employee can make same elections as employee on non- FMLA leave. In addition, an employer must allow an Employee on unpaid FMLA leave either to revoke coverage or to continue coverage but allow Employee to discontinue payment of his or her share of the contribution during the leave (the Employer may recover the Employee’s share of contributions when the Employee returns to work). FMLA also allows an Employer to require that Employees on paid FMLA leave continue coverage if Employees on non- FMLA paid leave are required to continue coverage. Same as previous column. Same as previous column. Employee may revoke election and make another election as provided under FMLA. Same as previous column. B. Employee’s Return from FMLA Leave Employee may make a new election if coverage terminated while on FMLA leave. In addition, an Employer may require an Employee to be reinstated in his or her Same as previous column. Same as previous column. Note that, upon return, an Employee whose coverage has lapsed has the right to resume coverage at prior coverage Employee may make a new election if coverage terminated while on FMLA leave. In addition, an Employer may require an Employee to be reinstated in his or her Same as previous column. 2017-12-19 Agenda Packet Page 186 46 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage election upon return from leave if Employees who return from a non-FMLA paid leave are required to be reinstated in their elections. level (and make up unpaid premiums) or at a level reduced prorate for the missed contributions. election upon return from leave if Employees who return from a non-FMLA leave are required to be reinstated in their elections. IX. HIPAA Special Enrollment Rights (See related exception for addition of new Dependents) A. Special Enrollment for Loss of Other Health Coverage Employee may elect coverage for Employee, Spouse, or Dependent who has lost other coverage (COBRA coverage exhausted or terminated, no longer eligible for non- COBRA coverage or Employer contributions for non- COBRA coverage terminated, etc.) Though unclear, it appears that tag-along concepts may apply. No change permitted, unless plan is subject to HIPAA. No change permitted, unless HCSA is subject to HIPAA. No change permitted. No change permitted. B. Special Enrollment for Acquisition of New Dependent by Birth, Marriage, Adoption, or Placement for Adoption . (If newborn or newly adopted child is enrolled under HIPAA’s special rules, child’s coverage may be retroactive to date of bi rth, adoption, or placement for adoption; Employee may change salary reduction election to pay for extra cost of child’s coverage retroactive to date of birth, adoption , or placement for adoption. For marriage, coverage is effective prospectively.) Employee may elect coverage for Employee, Spouse, or Dependent. Example provides that election of coverage may also extend to previously eligible (but not yet enrolled) Dependents. No change permitted, unless plan is subject to HIPAA. No change permitted, unless HCSA is subject to HIPAA. No change permitted. No change permitted. C. Special Enrollment for Loss of Medicaid under Title XIX of the Social Security Act, State Children’s Health Insurance under Title XXI of the Social Security Act, or eligibility for group health plan premium assistance. (If newborn or newly adopted child is enrolled under HIPAA’s special rules, child’s coverage may be retroactive to date of bi rth, adoption, or placement for adoption; Employee may change salary reduction election to pay for extra cost of child’s coverage retroactive to date of birth, adoption, or placement for adoption.) 2017-12-19 Agenda Packet Page 187 47 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage Employee may elect coverage for Employee, or Dependent. Unclear, but appears election of coverage may also extend to previously eligible (but not yet enrolled) Dependents. No change permitted, unless plan is subject to HIPAA. No change permitted, unless plan is subject to HIPAA. No change permitted. No change permitted. X. COBRA Events Employee may increase pre-tax contributions under Employer’s plan for coverage if COBRA event (or similar state law continuation coverage event) occurs with respect to the Employee, Spouse, or Dependents with respect to which the COBRA qualifying event occurred (such as a loss of eligibility for regular coverage due to loss of Dependent status or a reduction in hours, etc.) and if applicable, the individual still qualifies as a tax Dependent of Employee. Same as previous column. No change permitted. No change permitted. No change permitted. XI. Judgment, Decree, or Order A. Order That Requires Coverage for the Child Under Employee’s Plan Employee may change election to provide coverage for the child. Though unclear, it appears that tag-along concepts may apply. Same as previous column. Same as previous column. No change permitted. No change permitted. B. Order That Requires Spouse, Former Spouse, or Other Individual to Provide Coverage for the Child Employee may change election to cancel coverage for the child. Same as previous column. Same as previous column. No change permitted. No change permitted. 2017-12-19 Agenda Packet Page 188 48 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage XII. Medicare or Medicaid A. Employee, Spouse, or Dependent Enrolled in Employer’s Accident or Health Plan Becomes Entitled to Medicare or Medicaid. (Other than coverage solely for pediatric vaccines) Employee may elect to cancel or reduce coverage for Employee, Spouse, or Dependent, as applicable. Unlikely that Employee can elect to drop dental or vision coverage; presumably, Employee must retain coverage. Employee may apparently decrease or revoke election or increase election if HCSA is dropped due to Medicare/Medicaid and prior Employer coverage was more comprehensive. No change permitted. No change permitted. B. Employee, Spouse, or Dependent Loses Eligibility for Medicare or Medicaid. (Other than coverage solely for pediatric vaccines) Employee may elect to commence or increase coverage for Employee, Spouse, or Dependent, as applicable. Though unclear, it appears that tag-along concepts may apply. Unlikely that Employee can elect to add dental or vision coverage; presumably, Employee cannot. Employee may apparently increase or decrease or revoke election where Employer plan elected due to loss of eligibility for Medicare/Medicaid is more comprehensive than Medicare/Medicaid . No change permitted. No change permitted. 2017-12-19 Agenda Packet Page 189 EXHIBIT B VOLUNTARY PLAN HARTFORD PLAN DOCUMENT Established January 1, 2018 Human Resources Department City of Chula Vista 2017-12-19 Agenda Packet Page 190 ˛¸— ˝— ˙ ˝¸˛ —˙ ˛˛ ˝¸˛ —˙ †» ¿fi‹”–fi… —·¿ƒ¿ ¿fi‹”–fi… –††»‰‹•‰«‹ Œºº ł ›‹–‰ •†›«fi¿†‰» ‰–‡¿†§ ‚» ¿fi‹”–fi…r •› ‚» ¿fi‹”–fi… •†¿†‰•¿· ˝»fi“•‰»› fi–« †‰ ¿†… •‹› ›«›•…•¿fi•»› —–·•‰§‚–·…»fi ˙ ¸ ˚˝ —–·•‰§ «‡»fi ˚ŁØ —–·•‰§ ››«» ˝‹¿‹»¿·•”–fi†•¿ —–·•‰§ ””»‰‹•“» ¿‹»¿†«¿fi§ Ł —–·•‰§ ††•“»fi›¿fi§ ¿‹»¿†«¿fi§ —fi»‡•«‡ «» ¿‹»•fi›‹ –” »¿‰‚ ‡–†‹‚ ‚•› •› ¿ ›«·»‡»†‹ ‹– ‚»¿·‹‚ •†›«fi¿†‰» ‹ •› †–‹ ¿ ›«›‹•‹«‹» ”–fi »››»†‹•¿· ‚»¿·‹‚ »†»”•‹› –fi ‡•†•‡«‡ »››»†‹•¿· ‰–“»fi¿„» ¿› …»”•†»… •† ”»…»fi¿· ‚»¿·‹‚ ·¿' —˝ ˚˝ ˙¸ ˛ ˛˝ ˛˝— ˙¸˛ —˙æ˛ ˝ ˙¸˛ ˛ ˝¸˛˛ ˚ ˝˝¸ ˝¸˛˛ ˝ ¸ ¸ ˝ ˝ ˝¸ ˚ ˙¸˛ ˛ ˝¸˛˛ ˛˝ ˙¸ ˝ ˛˝ ˝ ˝˝¸— ˛ ˛ ˙¸˛ —˙ ˛¸˙ ‚•› •› ¿ ·»„¿· ‰–†‹fi¿‰‹ »‹'»»† ‹‚» —–·•‰§‚–·…»fi ¿†… ¸› » ¿„fi»» ‹– fi–“•…» ‹‚» fi•„‚‹› ¿†… »†»”•‹› –” ‹‚•› —–·•‰§ ¿‰‰–fi…•†„ ‹– •‹› ‰–†…•‹•–†› ¿†… fi–“•›•–†› ‚•› —–·•‰§ •› •››«»… ‹– ‹‚» 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—–·•‰§ …–»› †–‹ ‰–†›‹•‹«‹» ‰–‡fi»‚»†›•“» ‚»¿·‹‚ •†›«fi¿†‰» ‰–“»fi¿„» ¿†… …–»› †–‹ ›¿‹•›”§ ‹‚» fi»fl«•fi»‡»†‹ –” •†•‡«‡ ››»†‹•¿· –“»fi¿„» «†…»fi ‹‚» ””–fi…¿·» ¿fi» ‰‹ ‚» —–·•‰§ ‡¿§ fi–“•…» ¿§‡»†‹ –” ›»“»fi¿· »†»”•‹› ¿› ¿ fi»›«·‹ –” ‰·¿•‡› ”fi–‡ ¿ ›•†„·» ‚–›•‹¿·•ƒ¿‹•–† –fi ‰–“»fi»… •†‰•…»†‹ —¿§‡»†‹ –” –†» »†»”•‹ «†…»fi ‹‚» —–·•‰§ …–»› †–‹ ‰–†›‹•‹«‹» ¿‰‰»‹¿†‰» –” ·•¿•·•‹§ ”–fi ¿·· ‰·¿•‡› ‡¿…» «†…»fi ‹‚» —–·•‰§ †–fi …–»› •‹ fi–‚••‹ ¸› ”fi–‡ ”«fi‹‚»fi •†“»›‹•„¿‹•–† –” ›«›»fl«»†‹ ‰·¿•‡› 2017-12-19 Agenda Packet Page 191 ˝ —˙ ˝ ˛ ˝¸—— —˙” ¿ –“»fi»… —»fi›–† •› »·•„•·» ”–fi »…•‰¿fi» ‚»æ›‚» ›‚–«·… fi»“•»' ‹‚» «•…» ‹– »¿·‹‚ †›«fi¿†‰» ”–fi —»–·» '•‹‚ »…•‰¿fi» ¿“¿•·¿·» ”fi–‡ ¸› †–‹» –† ‰¿•‹¿·•ƒ¿‹•–† •† ‹‚•› —–·•‰§ ¿•‹¿·•ƒ¿‹•–† –” ¿ ‹»fi‡ †–‹ †–fi‡¿··§ ‰¿•‹¿·•ƒ»… ¿‰‰–fi…•†„ ‹– ‹‚» fi«·»› –” ›‹¿†…¿fi… «†‰‹«¿‹•–† •†…•‰¿‹»› ¿ '–fi… –fi ‚fi¿›» ‹‚¿‹ •› ¿ …»”•†»… ‹»fi‡ •† ‹‚•› —–·•‰§ –fi fi»”»fi› ‹– ¿ ›»‰•”•‰ fi–“•›•–† ‰–†‹¿•†»… ‚»fi»•† 2017-12-19 Agenda Packet Page 192 ˝ –fi‡ Ł ł ˛—˛ —˛˚˝ —˛¸ —˛˚˝˝ º ˛ Œ —˙ —˛˚˝˝ Ø 2017-12-19 Agenda Packet Page 193 –fi‡ Ł ł ˛—˛ —˛˚˝ †‰–fi–fi¿‹•–† —fi–“•›•–† ‚» ”–··–'•†„ ”–fi‡› ¿fi» •†‰–fi–fi¿‹»… •† ¿†… ‡¿…» ¿fi‹ –” ‹‚•› —–·•‰§ –fi‡ ł łŁØ ˚ ‚» ”–··–'•†„ fi–“•›•–†› •† ‹‚» »fi‹•”•‰¿‹»ł› ¿†…æ–fi ¿†§ »fi‹•”•‰¿‹» ¿‡»†…‡»†‹› »†…–fi›»‡»†‹› –fi fi•…»fi› ¿·§ ‹– ‹‚» ‡·–§»»› –” ‹‚» —–·•‰§‚–·…»fi ‹‚» »†»”•‹ ·¿† fi–“•›•–†› »†»”•‹ ¿‡–«†‹› ¿†… ·•‡•‹› ‹‚» »·•„••·•‹§ ¿†… »””»‰‹•“» …¿‹» –” •†›«fi¿†‰» fi«·»› ‹‚» ‹»fi‡•†¿‹•–† –” •†›«fi¿†‰» fi«·»› º „»†»fi¿· fi–“•›•–†› Œ »¤‰·«›•–†› ¿†… Ø –‹‚»fi »fi‹•”•‰¿‹» fi–“•›•–†› »fi‹¿•†•†„ ‹– ¿·•”–fi†•¿ •†›«fi¿†‰» fi»fl«•fi»‡»†‹› 2017-12-19 Agenda Packet Page 194 º –fi‡ Ł —˛ ł —˛¸ —˛˚˝˝ —¿§‡»†‹ –” —fi»‡•«‡› ‚» —–·•‰§‚–·…»fi ‡«›‹ ¿§ fi»‡•«‡› ‹– ¸› ¿‹ ‹‚» ·–‰¿‹•–† ‰‚–›»† § ¸› ‚» ”•fi›‹ fi»‡•«‡ •› …«» –† ‹‚» —–·•‰§ ””»‰‹•“» ¿‹» ˝«›»fl«»†‹ fi»‡•«‡› ¿fi» …«» –† ‹‚» —fi»‡•«‡ «» ¿‹» ‚» fi»‡•«‡ ”–fi ¿……•‹•–†¿· •†‰fi»¿›»… –fi fi»…«‰»… •†›«fi¿†‰» '•·· »„•† »•†„ ‰‚¿fi„»… –† ‹‚» …¿§ ‹‚» ‰–“»fi¿„» •› »””»‰‹•“» •” •‹ •› ¿·›– ‹‚» ”•fi›‹ …¿§ –” ¿ —–·•‰§ ‡–†‹‚ –fi ‹‚» ”•fi›‹ …¿§ –” ‹‚» †»¤‹ —–·•‰§ ‡–†‹‚ –fi •†›«fi¿†‰» '‚•‰‚ •› ‹»fi‡•†¿‹»… fi»‡•«‡ ‰‚¿fi„»› '•·· ›‹– ¿› –” ‹‚» ”•fi›‹ …¿§ –” ‹‚» †»¤‹ —–·•‰§ ‡–†‹‚ –†‹‚·§ —fi»‡•«‡ ˛¿‹»› ‚» ‡–†‹‚·§ fi»‡•«‡ fi¿‹»› ‹– » ‰‚¿fi„»… ”–fi ‡·–§»» ‰–“»fi¿„» ¿†…æ–fi »»†…»†‹ ‰–“»fi¿„» •” ¿·•‰¿·» ¿fi» ¿› ”–··–'› ·¿››ł»› ¸ ˚ —˙˝ ‡·–§»» †·§ Ø ‡·–§»» ¿†… ˝–«›» ºØØ ‡·–§»» ¿†… ‚•·…łfi»† Ø ‡·–§»» ¿†… ¿‡•·§ ØŁº ˛¿‹» «¿fi¿†‹»» ¿‹» ¿†«¿fi§ –fi ¿†§ …¿‹» ‹‚»fi»¿”‹»fi ¿„fi»»… ‹– •† 'fi•‹•†„ § «fi ¿«‹‚–fi•ƒ»… fi»fi»›»†‹¿‹•“» •† «fi –‡» ””•‰» «fi ˛•„‚‹ ‹– ‚¿†„» —fi»‡•«‡ ˛¿‹»› ‚» fi»‡•«‡ •› ¿›»… –† ‹‚» —fi»‡•«‡ ˛¿‹» ¿†… ‹‚» ¿‡–«†‹ –” •†›«fi¿†‰» •† »””»‰‹ ”–fi ‹‚» ‡–†‹‚ fi»–fi‹»… –† ‹‚» fi»‡•«‡ …«» …¿‹» » '•·· ”«fi†•›‚ fi»‡•«‡ fi¿‹»› ‹– ‹‚» —–·•‰§‚–·…»fi '•‹‚ ¿† »¤·¿†¿‹•–† –” ‚–' ‹– ¿·§ ‹‚»‡ ”‹»fi ‹‚» •†•‹•¿· ‡–†‹‚·§ fi»‡•«‡ fi¿‹»› ‚¿“» »»† •† »””»‰‹ ”–fi ‡–†‹‚› ”fi–‡ ‹‚» —–·•‰§ ””»‰‹•“» ¿‹» » ‚¿“» ‹‚» fi•„‚‹ ‹– fi»‰¿·‰«·¿‹» ¿†§ fi»‡•«‡ fi¿‹» –'»“»fi » ¿·›– ‚¿“» ‹‚» fi•„‚‹ ‹– fi»‰¿·‰«·¿‹» ‹‚» •†•‹•¿· –fi ¿†§ ›«›»fl«»†‹ ‡–†‹‚·§ fi»‡•«‡ fi¿‹» '‚»† ¿†§ –” ‹‚» ”–··–'•†„ –‰‰«fi› ‹‚» ‹»fi‡› –” ‹‚•› —–·•‰§ ‰‚¿†„» ‹‚» †«‡»fi –” ‡·–§»»› ‰‚¿†„»› § ‡–fi» ‹‚¿† ß •† ¿ ‡–†‹‚ »fi•–… –fi –†» –fi ‡–fi» ‰·¿››»› ¿fi» ¿……»… –fi …»·»‹»… ”fi–‡ ‹‚•› —–·•‰§ ¸†·»›› «fi ·•¿•·•‹§ ‰‚¿†„»› » '•·· †–‹ ‰‚¿†„» ‹‚» fi¿‹»› ‡–fi» ‹‚¿† –†‰» •† ¿†§ »fi•–… –” ‰–†›»‰«‹•“» ‡–†‹‚› ¿†… » '•·· „•“» ‹‚» —–·•‰§‚–·…»fi …¿§› ¿…“¿†‰» 'fi•‹‹»† †–‹•‰» –” ¿† •†‰fi»¿›» •† fi¿‹»› ˛»•†›‹¿‹»‡»†‹ ” ¿†§ fi»‡•«‡ ¿”‹»fi ‹‚» ”•fi›‹ •› †–‹ ¿•… ‹– ¸› § ‹‚» »†… –” ‹‚» fi¿‰» —»fi•–… ›«›»fl«»†‹ ¿‰‰»‹¿†‰» –” fi»‡•«‡ § ¸› –fi ¿†§ ¿„»†‹ –” «fi› ¿«‹‚–fi•ƒ»… § ¸› ‹– ¿‰‰»‹ ›«‰‚ fi»‡•«‡ '•‹‚–«‹ fi»fl«•fi•†„ ¿† ¿·•‰¿‹•–† ”–fi fi»•†›‹¿‹»‡»†‹ ›‚¿·· fi»•†›‹¿‹» ‹‚•› —–·•‰§ –'»“»fi •” » –fi «fi ¿„»†‹ fi»fl«•fi» ¿† ¿·•‰¿‹•–† ”–fi fi»•†›‹¿‹»‡»†‹ ¿†… •››«» ¿ ‰–†…•‹•–†¿· fi»‰»•‹ ”–fi ‹‚» fi»‡•«‡ ¿•… ‹‚•› —–·•‰§ '•·· » fi»•†›‹¿‹»… «–† «fi ¿fi–“¿· –fi ·¿‰•†„ ›«‰‚ ¿fi–“¿· «–† ‹‚» º‹‚…¿§ ”–··–'•†„ ‹‚» …¿‹» –” ‹‚» ‰–†…•‹•–†¿· fi»‰»•‹ «†·»›› » fi–“•…» 'fi•‹‹»† †–‹•”•‰¿‹•–† ‹– ‹‚» —–·•‰§‚–·…»fi fi•–fi ‹– ‹‚¿‹ …¿‹» ‹‚¿‹ ‹‚» ¿·•‰¿‹•–† •› …•›¿fi–“»… ‚» fi»•†›‹¿‹»… —–·•‰§ ›‚¿·· ‰–“»fi –†·§ ¿ –“»fi»… ··†»›› –fi –“»fi»… †¶«fi§ ‹‚¿‹ –‰‰«fi› ¿”‹»fi ‹‚» …¿‹» –” fi»•†›‹¿‹»‡»†‹ † ¿·· –‹‚»fi fi»›»‰‹› » ¿†… ‹‚» —–·•‰§‚–·…»fi ›‚¿·· ‚¿“» ‹‚» ›¿‡» fi•„‚‹› «†…»fi ‹‚•› —–·•‰§ ¿› » ‚¿… •‡‡»…•¿‹»·§ »”–fi» ‹‚» …«» …¿‹» –” ‹‚» …»”¿«·‹»… fi»‡•«‡ ›«¶»‰‹ ‹– ‹‚» fi–“•›•–†› –” ¿†§ fi•…»fi '‚•‰‚ ‡¿§ » ¿‹‹¿‰‚»… •† ‰–††»‰‹•–† '•‹‚ ‹‚» fi»•†›‹¿‹»‡»†‹ †§ fi»‡•«‡ ¿‰‰»‹»… •† ‰–††»‰‹•–† '•‹‚ ¿ fi»•†›‹¿‹»‡»†‹ ›‚¿·· » ¿·•»… ‹– ¿ »fi•–… ”–fi '‚•‰‚ fi»‡•«‡ ‚¿› †–‹ »»† fi»“•–«›·§ ¿•… «‹ †–‹ ‹– ¿†§ »fi•–… ‡–fi» ‹‚¿† Œ …¿§› fi•–fi ‹– ‹‚» …¿‹» –” fi»•†›‹¿‹»‡»†‹ 2017-12-19 Agenda Packet Page 195 Œ –fi‡ Ł ˛ ł ˛ »fi‡•†¿‹•–† –” —–·•‰§» ‡¿§ ‹»fi‡•†¿‹» ‹‚•› —–·•‰§ •” » …– †–‹ fi»‰»•“» ¿†§ fi»‡•«‡ '‚»† …«» •† ¿‰‰–fi…¿†‰» '•‹‚ ‹‚» fi¿‰» —»fi•–… fi–“•›•–† –” ‹‚•› —–·•‰§ •‹‚»fi ¿fi‹§ ‡¿§ ‹»fi‡•†¿‹» ‹‚•› —–·•‰§ «–† …¿§› ¿…“¿†‰» 'fi•‹‹»† †–‹•‰» •” ‹‚» –‹‚»fi ¿fi‹§ fi»¿‰‚»› •‹› –·•„¿‹•–†› ¿†… º¿·´­ ¬± ½«®» ¬¸¿¬ ¾®»¿½¸ ¬± ¬¸» ±¬¸»® °¿®¬§Ž­ ®»¿­±²¿¾´» ­¿¬·­º¿½¬·±² ©·¬¸·² ¬¸¿¬ íð󼿧 ²±¬·½» °»®·±¼ò •‹‚»fi ¿fi‹§ ‡¿§ ‹»fi‡•†¿‹» ‹‚•› —–·•‰§ '•‹‚ –fi '•‹‚–«‹ fi•–fi †–‹•‰» »””»‰‹•“» ¿› –” ‡•…†•„‚‹ fi•–fi ‹– ‹‚» …¿‹» ‹‚¿‹ ‹‚» –‹‚»fi ¿fi‹§ ‰»¿›»› …–•†„ «›•†»›› ¿› ¿ „–•†„ ‰–†‰»fi† ‡¿»› ¿† ¿››•„†‡»†‹ ”–fi ‹‚» »†»”•‹ –” ‰fi»…•‹–fi› ¿…‡•‹› •† 'fi•‹•†„ ‹‚¿‹ •‹ •› «†¿·» ‹– ¿§ …»‹› ¿› ‹‚»§ ‰–‡» …«» –fi ‰–†›»†‹› ‹– ‹‚» ¿–•†‹‡»†‹ –” ¿ ‹fi«›‹»» –fi fi»‰»•“»fi –fi •” ¿ ‹fi«›‹»» –fi fi»‰»•“»fi •› ¿–•†‹»… «fi›«¿†‹ ‹– ¿·•‰¿·» »…»fi¿· –fi ˝‹¿‹» ¿†fi«‹‰§ •†›–·“»†‰§ –fi ›•‡•·¿fi ·¿'› » ‡¿§ ‹»fi‡•†¿‹» ‹‚•› —–·•‰§ «–† †–‹ ·»›› ‹‚¿† …¿§› 'fi•‹‹»† †–‹•‰» •” ‹‚» —–·•‰§‚–·…»fi ”¿•·› ‹– ‰–‡·§ '•‹‚ ¿ ‡¿‹»fi•¿· °´¿² °®±ª·­·±² ®»´¿¬·²¹ ¬± ¬¸» б´·½§¸±´¼»®Ž­ °®»³·«³ ½±²¬®·¾«¬·±² ±® ¹®±«° °¿®¬·½·°¿¬·±² ®«´»­ ±® ·º É» ¼»¬»®³·²» ¬¸»®» ¸¿­ »»† ¿ ‡¿‹»fi•¿· ‰‚¿†„» ¿””»‰‹•†„ ‹‚» fi•› ¿››«‡»… «†…»fi ‹‚•› —–·•‰§ ¸–† 'fi•‹‹»† †–‹•‰» » ‡¿§ ‹»fi‡•†¿‹» –fi fi»›‰•†… ‹‚•› —–·•‰§ –fi ‹‚» ‰–“»fi¿„» –† ¿ –“»fi»… —»fi›–† ”–fi ”fi¿«… –fi 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‰–†›‹•‹«‹» ¿‰‰»‹¿†‰» –” ‹‚¿‹ ‰‚¿†„» 2017-12-19 Agenda Packet Page 197 Ł –fi‡ Ł — ł ¿‹¿ ‹– » «fi†•›‚»… ‚» —–·•‰§‚–·…»fi '•·· „•“» ¸› ‹‚» •†”–fi‡¿‹•–† ›‚–'† »·–' '‚•‰‚ » ‡¿§ †»»… fi»„¿fi…•†„ ‡¿‹‹»fi› »fi‹¿•†•†„ ‹– ‹‚» •†›«fi¿†‰» ‚» —–·•‰§‚–·…»fi '•·· «–† «fi fi»fl«»›‹ fi–“•…» ¸› '•‹‚ ‹‚» †¿‡»› –” ¿·· »fi›–†› •†•‹•¿··§ »·•„•·» ”–fi ‰–“»fi¿„» ‹‚» †¿‡»› –” ¿·· ¿……•‹•–†¿· »fi›–†› '‚– »‰–‡» »·•„•·» ”–fi ‰–“»fi¿„» ‹‚» †¿‡»› –” ¿·· »fi›–†› '‚–›» ¿‡–«†‹ –” •†›«fi¿†‰» •› ‹– » ‰‚¿†„»… ¿†… ‹‚» †¿‡»› –” ¿·· »fi›–†› '‚–›» »·•„••·•‹§ –fi •†›«fi¿†‰» •› ‹»fi‡•†¿‹»… ” ‹‚» ‹‚» fi–“•…»… •†”–fi‡¿‹•–† †–‹»… ¿–“» •› •†¿‰‰«fi¿‹» –fi •†‰–fifi»‰‹ ‹‚» fi»·»“¿†‹ ”¿‰‹› '•·· » fi»“•»'»… '•‹‚ ‹‚» —–·•‰§‚–·…»fi ‹– ‰–fifi»‰‹·§ »›‹¿·•›‚ •” •†›«fi¿†‰» •› •† »””»‰‹ ¿†… •† '‚¿‹ ¿‡–«†‹ – »fi›–† '•·· » …»fi•“»… –” •†›«fi¿†‰» ‹– '‚•‰‚ ‚»æ›‚» •› –‹‚»fi'•›» »†‹•‹·»… –fi ‚¿“» •†›«fi¿†‰» ‹– '‚•‰‚ ‚»æ›‚» •› †–‹ »†‹•‹·»… »‰¿«›» –” ¿†§ ‡•››‹¿‹»‡»†‹ –” ”¿‰‹ § ‹‚» —–·•‰§‚–·…»fi –fi –“»fi»… —»fi›–† †§ fi»fl«•fi»… ¿…¶«›‹‡»†‹ ‡¿§ » ‡¿…» 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®»¯«·®»³»²¬ º±® ɱ®µ»®­Ž ݱ³°»²­¿¬·±² ½±ª»®¿¹»ò 2017-12-19 Agenda Packet Page 198 Form GBD-2000 (CA) HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY One Hartford Plaza Hartford, Connecticut 06155 (A stock insurance company) Will pay benefits according to the conditions of this Policy. The Hartford®is The Hartford Financial Services Group, Inc. and its subsidiaries. READ YOUR POLICY CAREFULLY This is a legal contract between the Policyholder and Us. We agree to provide the rights and benefits of this Policy according to its conditions and provisions. This Policy is issued to the Policyholder shown in the Policy Schedule in consideration of the Policyholder's application, a copy of which is attached and made part of the Policy, and payment of premiums. Right to Return This Policy:If, for any reason, you are not satisfied with this Policy, you can return it to us at Our Home Office within 30 days after you receive it. At that time, you should ask us in writing to cancel it. We will consider this Policy as if it never existed. Any premium paid will be refunded. This Policy is delivered in and governed by the laws of the Policy Issue State shown in the Policy Schedule. The Policy may be inspected at the office of the Policyholder. Signed for Hartford Life and Accident Insurance Company at Hartford, Connecticut. Notice to Buyer: This is an accident-only Policy and it does not pay benefits for loss from sickness. Review Your Policy carefully. This Policy provides limited benefits. Benefits provided are supplemental and are not intended to cover all medical expenses. GROUP ACCIDENT INSURANCE POLICY Non-Participating 2017-12-19 Agenda Packet Page 199 Form GBD-2000 (CA)Form GBD-2000 TOC.1 Contents POLICY SCHEDULE........................................................................................................................................................3 INCORPORATION PROVISION.......................................................................................................................................4 PREMIUM PROVISION....................................................................................................................................................5 TERMINATION.................................................................................................................................................................7 POLICY PROVISIONS......................................................................................................................................................8 2017-12-19 Agenda Packet Page 200 Form GBD-2000 (CA)Form GBD-2000 SCH.1 POLICY SCHEDULE Policyholder:City of Chula Vista Employer:City of Chula Vista Policy Number:874904 Policy Effective Date:January 1, 2018 Policy Issue State:California Annual Enrollment Period:A period of time as determined by Your Employer Premium Due Date:first of each month The Benefit Schedules for Covered Persons are shown in the Certificate(s) of Insurance. 2017-12-19 Agenda Packet Page 201 Form GBD-2000 (CA)Form GBD-2000 INC.1 INCORPORATION PROVISION Incorporation Provision:The following forms are incorporated in and made part of this Policy: Certificate(s) of Insurance Rider(s) Form GBD-2300 (CA) (874904) VAC 1.05 If there is any conflict between the terms and conditions of this Policy and an attachment, this Policy shall be controlling. The following provisions in the Certificate(s) and/or any Certificate amendments, endorsements or riders apply to the employees of the Policyholder: (a) the benefit plan provisions; (b) benefit amounts and limits; (c) the eligibility and effective date of insurance rules; (d) the termination of insurance rules; (e) general provisions; (f) exclusions; and (g) other Certificate provisions pertaining to state insurance requirements. 2017-12-19 Agenda Packet Page 202 Form GBD-2000 (CA)Form GBD-2000 PRM.1 (CA) PREMIUM PROVISIONS Payment of Premiums:The Policyholder must pay premiums to Hartford Life and Accident Insurance Company at the location chosen by Us. The first premium is due on the effective date. Subsequent premiums are due on the Premium Due Date. The premium for additional, increased, reduced or terminated insurance will cause a pro-rata adjustment on the next Premium Due Date. Initial Monthly Premium Rates:The initial monthly premium rates to be charged for employee coverage and/or Dependent coverage, if applicable are shown on the following pages. Premiums are based on the employee’s: (a) age on his or her effective date and thereafter on each Policy Anniversary date; (b) sex and occupational class. Monthly Premium Rate Guarantee:Initial Monthly Premium rates are guaranteed as follows: Benefit Rate Guarantee Period Voluntary Accident Insurance 36 months The Rate Guarantee supersedes only those provisions appearing elsewhere in this Policy which give Us the right to change premium rates, and then, only for the period of time for which the rates are guarantees. However, we may change premium rates during the Rate Guarantee Period for the reasons disclosed in Our Right to Change Premium Rates section of the Policy. Our Right to Change Premium Rates:The premium is based on the premium rate and the amount of insurance in effect for the month reported on the premium due date. We will furnish premium rates to the Policyholder with an explanation of how to apply them. After the initial monthly premium rates have been in effect for 12 months from the Policy Effective Date, We have the right to recalculate any premium rate. However, We also have the right to recalculate the initial or any subsequent monthly premium rate when any of the following occurs: (a) the terms of the Policy change; (b) the number of employees changes by more than 10% in a 12 month period; (c) one or more classes are added or deleted from this Policy; Unless Our liability changes: (a) We will not change the rates more than once in any period of 12 consecutive months; and (b) We will give the Policyholder 31 days advance written notice of an increase in rates. Grace Period:A grace period of 60 days will be granted for the payment of each premium falling due after the first premium, during which grace period the Policy shall continue in force. If the entire premium is not paid by the end of the grace period, this Policy will terminate. If the Policyholder gives Us written advance notice of an earlier cancellation date, the Policy will terminate on the earlier date; but no such termination will take effect during any period for which the required premium has been paid to us. 2017-12-19 Agenda Packet Page 203 Form GBD-2000 (CA)Form GBD-2000 PRM.2 PREMIUM PROVISIONS Reinstatement:If any premium after the first is not paid to Us by the end of the grace period, subsequent acceptance of premium by Us or any agent of Ours authorized by Us to accept such premium, without requiring an application for reinstatement, shall reinstate the Policy. However, if We or Our agent require an application for reinstatement and issue a conditional receipt for the premium paid, the Policy will be reinstated upon Our approval or, lacking such approval, upon the 45th day following the date of the conditional receipt unless We provide written notification to the Policyholder prior to that date that the application is disapproved. The reinstated Policy shall cover only loss resulting from accidental Injury as may be sustained after the date of reinstatement. In all other respects We and the Policyholder shall have the same rights under the Policy as We had immediately before the due date of the defaulted premium, subject to the provisions of any rider which may be attached in connection with the reinstatement. Any premium accepted in connection with a reinstatement shall be applied to a period for which premium has not been previously paid, but not to any period more than 60 days prior to the date of reinstatement. 2017-12-19 Agenda Packet Page 204 Form GBD-2000 (CA)Form GBD-2000 TRM.1 TERMINATION Termination of Policy:We may terminate this Policy if We do not receive any premium when due in accordance with the Grace Period provision of the Policy. Either party may terminate this Policy upon 30 days advance written notice, if the other party breaches its obligations and fails to cure that breach to the other party’s reasonable satisfaction within that 30 day notice period. Either party may terminate this Policy, with or without prior notice, effective as of midnight prior to the date that the other party: (a) ceases doing business as a going concern; (b) makes an assignment for the benefit of creditors; (c) admits in writing that it is unable to pay debts as they come due; or (d) consents to the appointment of a trustee or receiver; or if a trustee or receiver is appointed pursuant to applicable Federal or State bankruptcy, insolvency or similar laws. We may terminate this Policy, upon not less than 30 days written notice if the Employer fails to comply with a material plan provision relating to the Employer’s premium contribution or group participation rules or if We determine there has been a material change affecting the risk assumed under this Policy. Upon written notice, We may terminate or rescind the Policy or the coverage on a Covered Person for fraud or misrepresentation by the Employer or a Covered Person of material fact concerning the Employer or Covered Person. After the Policy has been in force for 12 months, either party may terminate the Policy upon 30 days advance written notice. Termination of Policy Because of Inability to Perform Obligations:The Policy may be immediately suspended or terminated by written notice to the other party if either party is unable to perform its obligations for reasons beyond its control, including: (a) complete or partial destruction of facilities or equipment; (b) lockout, strike, riot, war, act of God, or any ordinance, law, order or decree of any governmental authority. Neither party will be required to perform its duties nor be liable for any damages arising from the suspension or termination of this Policy pursuant to this provision. Once this Policy terminates, the insurance it provides will end automatically. 2017-12-19 Agenda Packet Page 205 Form GBD-2000 (CA)Form GBD-2000 POL.1 (CA) POLICY PROVISIONS Entire Contract:The contract between the parties consists of: (a) the Policy and any amendments; and (b) the application of the Policyholder, a copy of which is attached to and made a part of the Policy when issued, as may be amended during the term of this Policy; and (c) the Certificates, and the endorsements or riders which are attached to and made a part of the Policy when issued; as may be amended during the term of this Policy; and (d) the enrollment forms, if any, of each Covered Person. All statements made by the Policyholder and persons insured under the Policy will be deemed representations and not warranties. No statement will be used in any contest unless it is in writing, signed by the person making it and a copy of it is given to the person who made it, or, in the event of the death or incapacity of the Covered Person, to the Covered Person’s beneficiary or personal representative. Incontestability:The validity of this Policy shall not be contested, except for nonpayment of premium, after it has been in force for three years from the Policy Effective Date. Certificate:We will give individual Certificates of Insurance to the Policyholder, in electronic or paper form, for delivery to persons covered under the Policy, which will explain the important features of the Policy, who is covered under the Policy, and to whom benefits are payable. Changes to the Policy:The Policyholder owns the Policy. We may change any or all of the provisions of this Policy by notifying the Policyholder. We must give the Policyholder at least 31 days advance written notice of any change, unless the Policyholder accepts an amendment during that period. The Policy may also be changed in whole or in part when there is any change in laws or regulations which affect Our obligations under the Policy. A change must be approved by one of Our executive officers. No agent can change the Policy or waive any of its provisions. Payment of the applicable premium following any change of this Policy in accordance with this section shall constitute acceptance of that change. Agency:For all purposes of this Policy, the Policyholder or third party administrator acts on its own behalf or as an agent of the employee. Under no circumstances will the Policyholder or third party administrator be deemed an agent of The Hartford Life and Accident Insurance Company. Data to Be Furnished:The Policyholder will give us all information We need regarding matters pertaining to the insurance. At any reasonable time while the Policy is in force and for one year after that, We may inspect any of the Policyholder’s documents, books, or records which may affect the insurance or premiums of this Policy. If the Policyholder gives us any incorrect information, the relevant facts will be reviewed to establish if insurance is in effect and in what amount. No person will be deprived of insurance to which he is otherwise entitled or have insurance to which he is not entitled, because of any misstatement of fact by the Policyholder or covered individual. Any required adjustment may be made in coverage, premiums or benefits. However, payment of premium by or on behalf of an ineligible person will not entitle that person to coverage. Right to Audit:The Company reserves the right to audit, once every 2 years, the Policyholder’s billing records and premium accounting practices. If The Company discovers: (a) an underpayment of premium by the Policyholder, the Policyholder will be obligated to remit, in a timely manner, the underpayment amount; or (b) an overpayment of premium, The Company will return any overpayment amount in a timely manner; for the previous 2 year period. 2017-12-19 Agenda Packet Page 206 Form GBD-2000 (CA)Form GBD-2000 POL.2 POLICY PROVISIONS No Replacement for Workers’ Compensation:The Policy does not replace Workers’ Compensation or affect any requirement for Workers’ Compensation coverage. Time Periods:All periods begin and end at 12:01 a.m., standard time, at the Policyholder’s address. 2017-12-19 Agenda Packet Page 207 Printed in U.S.A. CA v.5 NOTICE OF PROTECTION PROVIDED BY CALIFORNIA LIFE AND HEALTH INSURANCE GUARANTEE ASSOCIATION This notice provides a brief summary regarding the protections provided to policyholders by the California Life and Health Insurance Guarantee Association (“the Association”). The purpose of the Association is to assure that policyholders will be protected, within certain limits, in the unlikely event that a member insurer of the Association becomes financially unable to meet its obligations. Insurance companies licensed in California to sell life insurance, health insurance, annuities and structured settlement annuities are members of the Association. The protection provided by the Association is not unlimited and is not a substitute for consumers’ care in selecting insurers. This protection was created under California law, which determines who and what is covered and the amounts of coverage. Below is a brief summary of the coverages, exclusions and limits provided by the Association. This summary does not cover all provisions of the law; nor does it in any way change anyone's rights or obligations or the rights or obligations of the Association. COVERAGE Persons Covered Generally, an individual is covered by the Association if the insurer was a member of the Association and the individual lives in California at the time the insurer is determined by a court to be insolvent. Coverage is also provided to policy beneficiaries, payees or assignees, whether or not they live in California. Amounts of Coverage The basic coverage protections provided by the Association are as follows. §Life Insurance, Annuities and Structured Settlement Annuities For life insurance policies, annuities and structured settlement annuities, the Association will provide the following: o Life Insurance 80% of death benefits but not to exceed $300,000 80% of cash surrender or withdrawal values but not to exceed $100,000 o Annuities and Structured Settlement Annuities 80% of the present value of annuity benefits, including net cash withdrawal and net cash surrender values but not to exceed $250,000 The maximum amount of protection provided by the Association to an individual, for all life insurance, annuities and structured settlement annuities is $300,000, regardless of the number of policies or contracts covering the individual. §Health Insurance The maximum amount of protection provided by the Association to an individual, as of July 1, 2016, is $546,741. This amount will increase or decrease based upon changes in the health care cost component of the consumer price index to the date on which an insurer becomes an insolvent insurer. Changes to this amount will be posted on the Association’s website www.califega.org. (please turn to next page) 2017-12-19 Agenda Packet Page 208 Printed in U.S.A. CA v.5 COVERAGE LIMITATIONS AND EXCLUSIONS FROM COVERAGE The Association may not provide coverage for this policy. Coverage by the Association generally requires residency in California. You should not rely on coverage by the Association in selecting an insurance company or in selecting an insurance policy. The following policies and persons are among those that are excluded from Association coverage: •A policy or contract issued by an insurer that was not authorized to do business in California when it issued the policy or contract •A policy issued by a health care service plan (HMO), a hospital or medical service organization, a charitable organization, a fraternal benefit society, a mandatory state pooling plan, a mutual assessment company, an insurance exchange, or a grants and annuities society •If the person is provided coverage by the guaranty association of another state •Unallocated annuity contracts; that is, contracts which are not issued to and owned by an individual and which do not guaranty annuity benefits to an individual •Employer and association plans, to the extent they are self-funded or uninsured •A policy or contract providing any health care benefits under Medicare Part C or Part D •An annuity issued by an organization that is only licensed to issue charitable gift annuities •Any policy or portion of a policy which is not guaranteed by the insurer or for which the individual has assumed the risk, such as certain investment elements of a variable life insurance policy or a variable annuity contract •Any policy of reinsurance unless an assumption certificate was issued •Interest rate yields (including implied yields) that exceed limits that are specified in Insurance Code Section 1607.02(b)(2)(C). NOTICES Insurance companies or their agents are required by law to give or send you this notice. Policyholders with additional questions should first contact their insurer or agent. To learn more about coverages provided by the Association, please visit the Association’s website at www.califega.org, or contact either of the following: California Life and Health Insurance California Department of Insurance Guarantee Association Consumer Communications Bureau P.O. Box 16860 300 South Spring Street Beverly Hills, CA 90209-3319 Los Angeles, CA 90013 (323) 782-0182 (800) 927-4357 Insurance companies and agents are not allowed by California law to use the existence of the Association or its coverage to solicit, induce or encourage you to purchase any form of insurance. When selecting an insurance company, you should not rely on Association coverage. If there is any inconsistency between this notice and California law, then California law will control. 2017-12-19 Agenda Packet Page 209 Form GBD-2600 (CA) GROUP CRITICAL ILLNESS INSURANCE POLICY HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY One Hartford Plaza Hartford, Connecticut 06155 (A stock insurance company) The Hartford®is The Hartford Financial Services Group, Inc. and its subsidiaries. Will pay benefits according to the conditions of this Policy. Policyholder:City of Chula Vista Policy Number:874904 Policy Effective Date:January 1, 2018 Policy Issue State:California Policy Anniversary Date:January 1st Premium Due Date:first of each month READ YOUR POLICY CAREFULLY. This is a legal contract between the Policyholder and Us. We agree to provide the rights and benefits of this Policy according to its conditions and provisions. This Policy is issued to the Policyholder in consideration of the Policyholder's application, a copy of which is attached and made part of the Policy, and payment of premiums. Right to Return This Policy.If, for any reason, you are not satisfied with this Policy, you can return it to us at Our home office within 30 days after you receive it. At that time, you should ask us in writing to cancel it. We will consider this Policy as if it never existed. Any premium paid will be refunded. This is a supplement to health insurance. It is not a substitute for essential health benefits or minimum essential coverage as defined in federal health law. PLEASE BE ADVISED THAT YOU RETAIN ALL RIGHTS WITH RESPECT TO YOUR POLICY/CERTIFICATE AGAINST YOUR ORIGINAL INSURER IN THE EVENT THE ASSUMING INSURER IS UNABLE TO FULFILL ITS OBLIGATIONS. IN SUCH EVENT YOUR ORIGINAL INSURER REMAINS LIABLE TO YOU NOTWITHSTANDING THE TERMS OF ITS ASSUMPTION AGREEMENT. This Policy is delivered in and governed by the laws of California. The Policy may be inspected at the office of the Policyholder. Signed for Hartford Life and Accident Insurance Company at Hartford, Connecticut. Notice to buyer: The Policy is a specified disease policy. The Policy provides limited benefits. Benefits provided are supplemental and are not intended to substitute for medical coverage or disability insurance. 2017-12-19 Agenda Packet Page 210 2 Form GBD-2600 TOC 01 CONTENTS INCORPORATION PROVISION.......................................................................................................................................3 PREMIUM PROVISIONS..................................................................................................................................................4 TERMINATION.................................................................................................................................................................6 POLICY PROVISIONS......................................................................................................................................................7 2017-12-19 Agenda Packet Page 211 3 Form GBD-2600 INC 01 (CA) INCORPORATION PROVISION Incorporation Provision:The following forms are incorporated in and made part of this Policy: Certificate(s) of Insurance Rider(s) Form GBD-2700 (CA) (874904) VCI 1.06 The following provisions in the Certificate(s) and/or any Certificate amendments, endorsements or riders apply to the employees of the Policyholder: 1) the benefit plan provisions; 2) benefit amounts and limits; 3) the eligibility and effective date of insurance rules; 4) the termination of insurance rules; 5) general provisions; 6) exclusions; and 7) other Certificate provisions pertaining to California insurance requirements. 2017-12-19 Agenda Packet Page 212 4 Form GBD-2600 PRM 01 (CA) PREMIUM PROVISIONS Payment of Premiums:The Policyholder must pay premiums to The Company at the location chosen by Us. The first premium is due on the Policy Effective Date. Subsequent premiums are due on the Premium Due Date. The premium for additional, increased or reduced or terminated insurance may cause a pro-rata adjustment on the next Premium Due Date. Initial Monthly Premium Rates:The initial monthly premium rates to be charged for employee coverage and/or Dependent coverage, if applicable, are shown on the following pages. Premiums are based on the employee’s: 1) age on his or her effective date and thereafter on each Policy Anniversary date; 2) occupational class. Monthly Premium Rate Guarantee:Initial Monthly Premium rates are guaranteed as follows: Benefit Rate Guarantee Period Critical Illness 36 months The Rate Guarantee supersedes only those provisions appearing elsewhere in this Policy which give Us the right to change premium rates, and then, only for the period of time for which the rates are guaranteed. However, we may change premium rates during the Rate Guarantee Period for the reasons disclosed in Our Right to Change Premium Rates section of the Policy. Our Right to Change Premium Rates:The premium is based on the premium rate and the amount of insurance in effect for the month reported on the premium due date. We will furnish premium rates to the Policyholder with an explanation of how to apply them. After the initial monthly premium rates have been in effect for 12 months from the Policy Effective Date, We have the right to recalculate any premium rate. However, We also have the right to recalculate the initial or any subsequent monthly premium rate when any of the following occurs: 1) the terms of the Policy change; 2) the number of employees changes by more than 10% in a 12 month period; 3) one or more classes are added or deleted from this Policy; Unless Our liability changes: 1) We will not change the rates more than once in any period of 12 consecutive months; and 2) We will give the Policyholder 31 days advance written notice of an increase in rates. 2017-12-19 Agenda Packet Page 213 5 Form GBD-2600 PRM 02 PREMIUM PROVISIONS Reinstatement:If any premium after the first is not paid to Us by the end of the Grace Period, subsequent acceptance of premium by Us or any agent of Ours authorized by Us to accept such premium, without requiring an application for reinstatement, shall reinstate the Policy. However, if We or Our agent require an application for reinstatement and issue a conditional receipt for the premium paid, the Policy will be reinstated upon Our approval or, lacking such approval, upon the 45th day following the date of the conditional receipt unless We provide written notification to the Policyholder prior to that date that the application is disapproved. The reinstated Policy shall cover only a Critical Illness Diagnosed after the date of reinstatement. In all other respects We and the Policyholder shall have the same rights under the Policy as We had immediately before the due date of the defaulted premium, subject to the provisions of any rider which may be attached in connection with the reinstatement. Any premium accepted in connection with a reinstatement shall be applied to a period for which premium has not been previously paid, but not to any period more than 60 days prior to the date of reinstatement. 2017-12-19 Agenda Packet Page 214 6 Form GBD-2600 TRM 01 TERMINATION Termination of Policy:We may terminate this Policy if We do not receive any premium when due in accordance with the Grace Period provision of the Policy. Either party may terminate this Policy upon 30 days advance written notice, if the other party breaches its obligations and fails to cure that breach to the other party’s reasonable satisfaction within that 30 day notice period. Either party may terminate this Policy, with or without prior notice, effective as of midnight prior to the date that the other party: 1) ceases doing business as a going concern; 2) makes an assignment for the benefit of creditors; 3) admits in writing that it is unable to pay debts as they come due; or 4) consents to the appointment of a trustee or receiver; or if a trustee or receiver is appointed pursuant to applicable Federal or State bankruptcy, insolvency or similar laws. We may terminate this Policy, upon not less than 30 days written notice if the Policyholder fails to comply with a material plan provision relating to the Policyholder’s premium contribution or group participation rules or if We determine there has been a material change affecting the risk assumed under this Policy. Upon written notice, We may terminate or rescind the Policy or the coverage on a Covered Person for fraud or misrepresentation by the Policyholder or a Covered Person of material fact concerning the Policyholder or Covered Person. After the Policy has been in force for 12 months, either party may terminate the Policy upon 30 days advance written notice. Termination of Policy Because of Inability to Perform Obligations:The Policy may be immediately suspended or terminated by written notice to the other party if either party is unable to perform its obligations for reasons beyond its control, including: 1) complete or partial destruction of facilities or equipment; 2) lockout, strike, riot, war, act of God, or any ordinance, law, order or decree of any governmental authority. Neither party will be required to perform its duties nor be liable for any damages arising from the suspension or termination of this Policy pursuant to this provision. Once this Policy terminates, the insurance it provides will end automatically. 2017-12-19 Agenda Packet Page 215 7 Form GBD-2600 POL 01 (CA) POLICY PROVISIONS Entire Contract:The contract between the parties consists of: 1) the Policy and any amendments; and 2) the application of the Policyholder, a copy of which is attached to and made a part of the Policy when issued; and 3) the Certificates, and the endorsements or Riders which are attached to and made a part of the Policy when issued; as may be amended during the term of this Policy; and 4) the individual applications, if any, of each Covered Person. All statements made by the Policyholder and persons insured under the Policy will be deemed representations and not warranties. No statement will be used in any contest unless it is in writing, signed by the person making it, approved by an executive officer of Us, and a copy of it is given to the person who made it, or, in the event of the death or incapacity of the Covered Person, to the Covered Person’s beneficiary or personal representative. Time Limit on Certain Defenses:After this Policy has been in force for a period of three years, no statements of the Policyholder contained in the application, and no statement relating to insurability made by any employee eligible for coverage under the Policy shall be used to deny a claim or in contesting the validity of the insurance with respect to which such statement was made after the insurance has been in force for a period of three years during the lifetime of the person with respect to whom any such statement was made. No claim for loss incurred or disability (as defined in the Policy) commencing after three years from the effective date of the insurance coverage with respect to which the claim is made shall be reduced or denied on the ground that a disease or physical condition, not excluded from coverage by name or specific description effective on the date of loss, had existed prior to the effective date of the coverage with respect to which the claim is made. Grace Period:A Grace Period of 60 days will be granted for the payment of each premium falling due after the first premium, during the Grace Period the Policy shall continue in force. If the entire premium is not paid by the end of the Grace Period, this Policy will terminate. If the Policyholder gives Us written advance notice of an earlier cancellation date, the Policy will terminate on the earlier date; but no such termination will take effect during any period for which the required premium has been paid to us. Physical Examination and Autopsy We have the right to have the Covered Person examined by a Physician approved by Us, as often as reasonably necessary while a claim is pending. We may also have an autopsy done, unless prohibited by law. Any examinations or autopsies that We require will be done at Our expense. Legal Actions: No legal action may start: 1) until 60 days after proof of loss has been given; 2) more than 3 years after the time proof of loss is required to be given. Misstatement of Age: If the age of any Covered Person has been misstated: 1) the premium may be adjusted; and 2) the true facts will be used to determine if, and for what amount, coverage should have been in force. 2017-12-19 Agenda Packet Page 216 8 Form GBD-2600 POL 02 (CA) POLICY PROVISIONS Certificate:We will give individual Certificates of Insurance to the Policyholder, in electronic or paper form, for delivery to persons covered under the Policy, which will explain the important features of the Policy, who is covered under the Policy, and to whom benefits are payable. Changes to the Policy:The Policyholder owns the Policy. We may change any or all of the provisions of this Policy by notifying the Policyholder. We must give the Policyholder at least 31 days advance written notice of any change, unless the Policyholder accepts an amendment during that period. The Policy may also be changed in whole or in part when there is any change in laws or regulations which affect Our obligations under the Policy. A change must be approved by one of Our executive officers. No agent can change the Policy or waive any of its provisions. Payment of the applicable premium following any change of this Policy in accordance with this section shall constitute acceptance of that change. Data to Be Furnished:The Policyholder will give us the information shown below which We may need regarding matters pertaining to the insurance. The Policyholder will, upon Our request, provide Us with: 1) the names of all persons initially eligible for coverage; 2) the names of all additional persons who become eligible for coverage; 3) the names of all persons whose amount of insurance is to be changed; and 4) the names of all persons whose eligibility or insurance is terminated. If the provided information noted above is in accurate or incorrect, the relevant facts will be reviewed with the Policyholder to correctly establish if insurance is in effect and in what amount. No person will be deprived of insurance to which he is otherwise entitled or have insurance to which he is not entitled, because of any misstatement of fact by the Policyholder or covered individual. Any required adjustment may be made in coverage, premiums or benefits. However, payment of premium by or on behalf of an ineligible person will not entitle that person to coverage. Right to Audit:The Company reserves the right to audit, once every 2 years, the Policyholder’s billing records and premium accounting practices. If The Company discovers: 1) an underpayment of premium by the Policyholder, the Policyholder will be obligated to remit, in a timely manner, the underpayment amount; or 2) an overpayment of premium, The Company will return any overpayment amount in a timely manner; for the previous 2 year period. No Replacement for Workers’ Compensation:The Policy does not replace Workers’ Compensation or affect any requirement for Workers’ Compensation coverage. Time Periods:All periods begin and end at 12:01 a.m., standard time, at the Policyholder’s address. 2017-12-19 Agenda Packet Page 217 Printed in U.S.A. CA v.5 NOTICE OF PROTECTION PROVIDED BY CALIFORNIA LIFE AND HEALTH INSURANCE GUARANTEE ASSOCIATION This notice provides a brief summary regarding the protections provided to policyholders by the California Life and Health Insurance Guarantee Association (“the Association”). The purpose of the Association is to assure that policyholders will be protected, within certain limits, in the unlikely event that a member insurer of the Association becomes financially unable to meet its obligations. Insurance companies licensed in California to sell life insurance, health insurance, annuities and structured settlement annuities are members of the Association. The protection provided by the Association is not unlimited and is not a substitute for consumers’ care in selecting insurers. This protection was created under California law, which determines who and what is covered and the amounts of coverage. Below is a brief summary of the coverages, exclusions and limits provided by the Association. This summary does not cover all provisions of the law; nor does it in any way change anyone's rights or obligations or the rights or obligations of the Association. COVERAGE Persons Covered Generally, an individual is covered by the Association if the insurer was a member of the Association and the individual lives in California at the time the insurer is determined by a court to be insolvent. Coverage is also provided to policy beneficiaries, payees or assignees, whether or not they live in California. Amounts of Coverage The basic coverage protections provided by the Association are as follows. §Life Insurance, Annuities and Structured Settlement Annuities For life insurance policies, annuities and structured settlement annuities, the Association will provide the following: o Life Insurance 80% of death benefits but not to exceed $300,000 80% of cash surrender or withdrawal values but not to exceed $100,000 o Annuities and Structured Settlement Annuities 80% of the present value of annuity benefits, including net cash withdrawal and net cash surrender values but not to exceed $250,000 The maximum amount of protection provided by the Association to an individual, for all life insurance, annuities and structured settlement annuities is $300,000, regardless of the number of policies or contracts covering the individual. §Health Insurance The maximum amount of protection provided by the Association to an individual, as of July 1, 2016, is $546,741. This amount will increase or decrease based upon changes in the health care cost component of the consumer price index to the date on which an insurer becomes an insolvent insurer. Changes to this amount will be posted on the Association’s website www.califega.org. (please turn to next page) 2017-12-19 Agenda Packet Page 218 Printed in U.S.A. CA v.5 COVERAGE LIMITATIONS AND EXCLUSIONS FROM COVERAGE The Association may not provide coverage for this policy. Coverage by the Association generally requires residency in California. You should not rely on coverage by the Association in selecting an insurance company or in selecting an insurance policy. The following policies and persons are among those that are excluded from Association coverage: •A policy or contract issued by an insurer that was not authorized to do business in California when it issued the policy or contract •A policy issued by a health care service plan (HMO), a hospital or medical service organization, a charitable organization, a fraternal benefit society, a mandatory state pooling plan, a mutual assessment company, an insurance exchange, or a grants and annuities society •If the person is provided coverage by the guaranty association of another state •Unallocated annuity contracts; that is, contracts which are not issued to and owned by an individual and which do not guaranty annuity benefits to an individual •Employer and association plans, to the extent they are self-funded or uninsured •A policy or contract providing any health care benefits under Medicare Part C or Part D •An annuity issued by an organization that is only licensed to issue charitable gift annuities •Any policy or portion of a policy which is not guaranteed by the insurer or for which the individual has assumed the risk, such as certain investment elements of a variable life insurance policy or a variable annuity contract •Any policy of reinsurance unless an assumption certificate was issued •Interest rate yields (including implied yields) that exceed limits that are specified in Insurance Code Section 1607.02(b)(2)(C). NOTICES Insurance companies or their agents are required by law to give or send you this notice. Policyholders with additional questions should first contact their insurer or agent. To learn more about coverages provided by the Association, please visit the Association’s website at www.califega.org, or contact either of the following: California Life and Health Insurance California Department of Insurance Guarantee Association Consumer Communications Bureau P.O. Box 16860 300 South Spring Street Beverly Hills, CA 90209-3319 Los Angeles, CA 90013 (323) 782-0182 (800) 927-4357 Insurance companies and agents are not allowed by California law to use the existence of the Association or its coverage to solicit, induce or encourage you to purchase any form of insurance. When selecting an insurance company, you should not rely on Association coverage. If there is any inconsistency between this notice and California law, then California law will control. 2017-12-19 Agenda Packet Page 219 1 EMPLOYEE ASSISTANCE PROGRAM OPTUM HEALTH CARE SOLUTIONS, LLC PLAN DOCUMENT Established January 1, 2018 Human Resources Department City of Chula Vista EXHIBIT C 2017-12-19 Agenda Packet Page 220 2 ADMINISTRATIVE SERVICES AGREEMENT This Administrative Services Agreement ("Agreement") between OptumHealth Care Solutions, LLC (“Optum”), a California corporation, and its wholly owned subsidiary, U.S. Behavioral Health Plan, California (“USBHPC”) and City of Chula Vista (“Customer”) is effective January 1, 2018 (“Effective Date”). This Agreement covers the services Optum is providing to Customer, either directly or in conjunction with one of Optum’s affiliates. Section 1 – Definitions When these terms are capitalized in the Agreement they have the meanings set forth below. Defined terms may be used in the singular or plural. Employee: A current or former employee of Customer or an affiliated employer. Employee Assistance Program or EAP: Services designed to assist Customer’s Employees, their dependents, and Customer in finding solutions for personal and workplace problems. ERISA: Employee Retirement Income Security Act of 1974, as amended from time to time, including all rules and regulations promulgated thereunder. Network: The group of Network Providers who entered into, or are governed by, contractual arrangements with Optum to provide health care services to Plan Participants. Network Provider: The physician, or medical professional or facility which participates in a Network and accepts negotiated fees for providing health care services. A provider is only a Network Provider if they are participating in a Network at the time services are rendered to the Plan Participant. Participant: Employee beneficiary or dependent who is covered by the Plan. PHI: Any information Optum receives or provides on behalf of the Plan which is considered Protected Health Information as the term is defined in the privacy regulations of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (collectively, “HIPAA”) and American Recovery and Reinvestment Act (“ARRA”), as each is amended from time to time. Plan: The provisions of the plan of benefits to which this Agreement applies, as described in the Summary Plan Description. Plan Administrator: The current or succeeding person, committee, partnership, or other entity designated by the terms of the instrument under which the Plan is operated as defined by ERISA and who is responsible for the Plan’s operation. Plan Document(s): Means documents provided to Participants that are required by ERISA and are prepared or provided by the Plan Administrator that describe either: the Services covered by this Agreement; eligibility requirements for participation and benefits offered under the Plan; or any other similar information. Examples of Plan Documents include but are not limited to the following: 2017-12-19 Agenda Packet Page 221 3 Summary Plan Description, evidence or certificate of coverage, description of Services or a trust agreement. Services: Means collectively, the products and services Optum provides and performs pursuant to this Agreement as set forth in Exhibit A attached hereto. Summary Plan Description or SPD: The document(s) ERISA requires provided to Plan Participants describing the terms and conditions of coverage offered under the Plan. Section 2 – Benefit Plan 2.1 Responsibility for the Plan and Plan Assets. Optum is not the Plan Administrator of the Plan. Any references in this Agreement, or elsewhere, to Optum “administering the Plan” are descriptive only and do not confer upon Optum anything beyond certain agreed upon claim administration duties. Except to the extent this Agreement specifically requires Optum to have the fiduciary responsibility for a Plan administrative function, Customer has the sole responsibility for all obligations of the Plan, the Plan Sponsor, and the Plan Administrator under ERISA and any other applicable laws and regulations, including but not limited to benefit design and preparation, distribution of Plan Documents, content and regulatory compliance of the Plan Documents. 2.2 Plan Consistent with the Agreement. Customer represents that Plan Documents are consistent with this Agreement. Customer will provide Optum with copies of Plan Documents or any communications describing Plan Documents prior to distributing these materials to Participants, Employees or third parties. Customer will amend Plan Documents or communications related thereto if Optum reasonably determines that references to Optum are not accurate, or a Plan provision is not consistent with this Agreement or the Services. Customer shall be responsible for printing, maintaining a supply of and distributing to Participants, within a reasonable period of time before coverage begins, the Plan Documents and all other information and forms necessary for Participants’ enrollment and continued eligibility for Services under the Plan. 2.3 Plan Changes. Customer will provide Optum with notice of any changes to the Plan and/or Plan Documents within a reasonable period of time prior to the effective date of the change to allow Optum to determine if the change will impact the Services. Any change by Customer that impacts the Services must be mutually agreed to in writing prior to implementation of such change. Optum will notify Customer if: (i) the change increases Optum’s cost of providing Services which would result in an increase in fees; or (ii) if in Optum’s reasonable discretion it is unable to implement or administer the change. If the parties cannot agree to a new fee within thirty (30) days of the notice of the new fee, or if Optum notifies Customer that Optum is unable to reasonably implement or administer the change, Optum shall have no obligation to implement or administer the change, and Customer may terminate this Agreement upon sixty (60) days written notice. 2.4 Affiliated Employers. Customer represents that together, Customer and any of Customer’s affiliates covered under the Plan make up a single “controlled group” as defined by ERISA. Upon request by Optum, Customer agrees to provide Optum with a list of Customer’s affiliates covered under the Plan. Section 3 – Customer Responsibilities 3.1 Reliance on Data. Optum is not liable for any acts or omissions it makes in reliance on the direction or consent from an authorized representative of Customer. Optum is not responsible or liable for any acts or omissions made in reliance on erroneous data provided by Customer or agents, 2017-12-19 Agenda Packet Page 222 4 or the failure of Customer to perform its obligations under this Agreement. Customer understands that Optum cannot timely or accurately perform its duties under this Agreement without complete, accurate, and timely information and that Optum shall have no liability to Customer or any Participant as a consequence of incomplete, inaccurate, or untimely information provided to Optum by Customer or its agents. Customer understands that an additional fee may be required if Optum is required to take corrective action as a result of such incomplete, inaccurate, or untimely information. 3.2 Authorizations, Data Integrity, and Disclosures. Customer is responsible for obtaining, prior to furnishing any data or information to Optum (either directly or through a third party), any necessary permissions, consents, or releases, including entering into business associate agreements if required by applicable federal, state or local laws and/or regulations, to allow Customer to deliver Customer data to Optum and Optum to use and disclose such Customer data as set forth under this Agreement or required by law. Optum shall not be responsible or liable for (a) errors in Customer data or data entry done by Customer or Customer’s designated data sources, or (b) errors in services, programs, hardware, data files, or output Optum provides to or maintains for Customer pursuant to this Agreement, if the Optum errors resulted from errors in Customer's or Customer’s data sources’ input data, or from Customer's failure to comply with this Agreement. During and after the Term of this Agreement, Optum may use, reproduce, transfer and combine Customer data and any derivatives of that data for preparing commercially available normative and benchmark data and databases, and for internal and external research and analysis purposes. 3.3 Notices to Participants. In the event this Agreement terminates, Customer will notify all Participants that the Services Optum is providing under this Agreement are discontinued. 3.4 Providing Funds for Benefits. Optum is solely responsible for providing funds for all EAP benefits payable to Network Providers. Section 4 – Services 4.1 Administrative Services. Optum will provide the administrative services described in Exhibit A. 4.2 Network Access, Management and Administration. To the extent applicable to the Services, Optum will provide Customer and Participants with access to Networks and Network Providers, as well as related administrative services including physician (and other health care professional) relations, clinical profiling, contracting and credentialing, and network analysis and system development. The make-up of the Network can change at any time. Notice will be given in advance or as soon as reasonably possible. Optum does not employ Network Providers and they are not agents or partners of Optum. Network Providers participate in Networks only as independent contractors. Network Providers and the Participants are solely responsible for any health care services rendered to Participants. Optum is not responsible for the medical outcomes or the quality or competence of any Network Provider rendering health care services, health care services provided through an Optum affiliate network, or payment for services rendered by a Network Provider through other network. 4.3 Customer Reporting Services. Optum will provide standard summaries of program activities to Customer as part of the Services. Optum reserves the right, from time to time, to change the content, format and/or type of its reports. Ad-hoc and non-standard reporting shall be mutually agreed upon by the parties and may be subject to additional fees. Section 5 – Service Fees 2017-12-19 Agenda Packet Page 223 5 5.1 Service Fees. Customer will pay Optum fees for the Services as set forth in Exhibit A of this Agreement. In addition to the Service fees specified in Exhibit A, Customer must also pay Optum any additional fee that is authorized by a provision elsewhere in this Agreement or is otherwise agreed to by the parties. If Customer delegates payment of Services fees to a broker or agent, it remains Customer’s obligation to pay Optum, and payment to a broker or agent will not relieve Customer of that obligation in the event a broker or agent fails to pay Optum or a payment is untimely. 5.2 Changes in Service Fees. Optum will provide Customer with at least sixty (60) days prior written notice of revised Service fees. Service fee changes will be effective at the end of the notice period. If applicable, Optum will provide Customer with a notice reflecting the revised Service fees that will replace the existing Exhibit A. If Customer objects to a change in Service fees, Customer may terminate this Agreement by providing written notice to Optum within ninety (90) days after Customer receives written notice of the new fees. Customer must still pay any amounts due for the periods during which the Agreement is in effect and during post-termination transition services. 5.3 Payments. If Optum has agreed to allow Customer to self-bill, Customer will remit Service fees to Optum on or before the twentieth (20th) calendar day of the current month of Services. Customer shall calculate Service fees owed Optum based on the number of eligible Employees as of the first day of the current month of Services. With each payment of Service fees, Customer shall provide HIPAA compliant remittance detail that includes counts of all applicable Employees and any adjustments made to the Service fees, together with any supporting documentation of the adjustments involving the current month and/or up to the previous two months of Services provided. 5.4 Penalties. If monthly Service fees are not paid within ten (10) days after their due date (“Grace Period”), Customer will pay Optum interest on the fees owed at the interest rate of one percent (1%) for each thirty (30) day period or portion thereof for any outstanding balance. Optum billed Customers will be charged accrued interest in their next month’s bill. Self-billing Customers must pay accrued interest for a late payment with their next monthly payment. If a self -billing Customer fails to pay accrued interest for a late payment, Optum reserves the right to revoke permission to self-bill or terminate the Agreement. Optum’s decision to provide Customer with a Grace Period will be based on Optum’s assessment of Customer’s financial condition, as of the Effective Date, and Customer’s compliance with material financial obligations. If Optum determines, based on reasonable information and belief, that Customer’s financial condition has deteriorated, or Customer fails to comply with the material financial obligations specified in this Agreement, Optum may remove the Grace Period upon notice to Customer and either charge interest on payments not received after the due date or terminate the Agreement. Customer agrees to promptly reimburse Optum for any collection costs Optum incurs. 5.5 Reconciliation. Optum may periodically reconcile the total amounts Customer has paid with the total amounts Customer owes Optum. If the reconciliation indicates that Optum owes Customer money, Customer’s next payment will be credited. If the reconciliation indicates that Customer owes Optum money, Optum will invoice Customer for the amount due. Section 6 – Term of the Agreement 6.1 Term. This Agreement will commence on the Effective Date and continue for a period of one (1) year (Initial Term”). The Agreement will auto-renew after the Initial Term for additional one (1) year periods (each such renewal, a “Renewal Term”) unless and until this Agreement is terminated. The Initial Term and each subsequent Renewal Term are referred to herein as (the “Term”). 2017-12-19 Agenda Packet Page 224 6 6.2 Services End. Services under this Agreement stop on the date this Agreement terminates, regardless of the date claims are incurred. If Optum agrees to continue providing certain services beyond the termination date, those services will be governed by the terms of this Agreement. Section 7 – Termination 7.1 Termination Events. This Agreement will terminate under the following circumstances: (i) the Plan terminates; (ii) after the Initial Term, either party gives the other party at least ninety (90) days prior written notice; (iii) Optum gives Customer notice of termination because Customer did not pay the fees or other amounts Customer owed Optum when due under the terms of this Agreement; (iv) Customer fails to provide the required funds for payment of benefits under the terms of this Agreement; (v) a party elects to terminate because the other party is in material breach of this Agreement, other than by non-payment or late payment of fees owed by Customer or the funding of Plan benefits, and does not correct the breach within thirty (30) days after being notified in writing; (vi) any state or other jurisdiction prohibits a party from administering the Plan under the terms of this Agreement, or imposes a penalty on the Plan or Optum and such penalty is based on the Services specified in this Agreement, or (vii) as otherwise specified in this Agreement. In a Section 7.1(vi) event, the impacted party may immediately discontinue the Agreement’s application in such state or jurisdiction and the Agreement will continue to apply in all other states. In all circumstances, notice shall be given to the other party when reasonably practical. 7.2 Post-Termination Transition Services. When the Agreement is terminated: a) Customer and Optum may mutually agree upon any transition services required and fees to Optum for such transition services; b) Optum will use commercially reasonable efforts to cause Network Providers to continue to provide services to any Participants undergoing treatment at the time of such termination until the earlier of: (i) the current episode of treatment is complete; or (ii) arrangements are completed for such Participants to be transferred to another provider; or (iii) until thirty (30) days after the termination date of this Agreement; or (iv) the time frame set forth in state statutes or regulations. Section 8 – Records, Information, Audits 8.1 Records. Optum will keep records relating to the Services provided under this Agreement (“Records”) for the later of Optum’s record retention policy or requirements under applicable law. 8.2 Access to Information. A. Customer Access. If Customer needs Records in order to administer the Plan, Optum will provide Customer access to those Records, if (a) it is legally permissible (b) the Records relate to Services under this Agreement, and (c) Customer gives Optum reasonable advance notice and an explanation of the need for such Records. Optum will provide Records to Customer, only while this Agreement is in effect and for a period of six 2017-12-19 Agenda Packet Page 225 7 (6) months after the Agreement terminates, unless Customer demonstrates that the Records requested are required by law or for Plan administration purposes in which case such Records will continue to be available until the later of Optum’s record retention policy or requirements under applicable law. Upon request by Customer, Optum will provide reasonable access to Records to an entity providing Plan administrative services to Customer other than an entity providing audit services, which will be governed by Section 8.3. Before Optum provides any Records, including PHI, to that entity, the parties must sign a mutually agreed-upon confidentiality agreement, and the parties must agree as to what information is minimally necessary to accomplish the Plan administrative service. B. Government Access. The federal, state and local government and accrediting agencies including, but not limited to, the National Committee for Quality Assurance (the “NCQA”) or to The American Accreditation HealthCare Commission/URAC, and any of their authorized representatives, shall have access to Optum Records and Customer authorizes Optum to release to these agencies all Records within its possession. 8.3 Audits. During the term of the Agreement, and at any time within six (6) months following its termination, Customer or a mutually agreeable independent auditor may audit Optum Records once each calendar year. Customer must provide sixty (60) days prior written notice to Optum of Customer’s intent to audit. The scope, place, time, duration, and frequency of each audit must be reasonable and agreed to by Optum. All auditors shall agree to sign confidentiality agreements prior to conducting such audits. Audits will be limited to Records relating to the calendar year in which the audit is conducted, and/or the immediately preceding calendar year and be performed during normal business hours in accordance with generally accepted auditing procedures. In addition to Customer’s expenses and any applicable fees, Customer will also pay any extraordinary expenses Optum incurs in connection with the audit. For any audit initiated after this Agreement is terminated, Customer will pay all expenses incurred by Optum. Customer will provide Optum with a copy of all audit reports within ten (10) days after Customer receives the audit report(s) from the auditor. 8.4 Confidential Information. Each party acknowledges that in the course of performing under this Agreement, or in the course of discussing or negotiating this Agreement it may learn confidential, trade secret, or proprietary information concerning the other party or third parties to whom the other party has an obligation of confidentiality (“Confidential Information”). Without limiting the foregoing, Optum’s Confidential Information shall include, without limitation, the terms of this Agreement, financial information, employee information, information regarding products, marketing plans, business plans, customer names and lists, software and associated algorithms, developments, improvements, know-how, code (object and source), programs, software architecture, technology and trade secrets, reports generated by or for Optum, Optum's methods of database creation, and Optum's translation, standardization, enhancement, and health data analysis techniques, health data reporting and profiling methods and formats. Without limiting the foregoing, Customer’s Confidential Information shall include information regarding Customer’s business, and information regarding Customer's premiums and claims data. Confidential Information shall not include PHI, which is subject to the Business Associate Addendum attached hereto. This provision shall survive the termination of this Agreement. Each party agrees that: (a) it will use the other party’s Confidential Information only as may be necessary in the course of performing duties, receiving services or exercising rights under this Agreement; (b) it will treat such information as confidential and proprietary; (c) it will not disclose such information orally or in writing to any third party without the prior written consent of the other party; and (d) it will not otherwise appropriate such information to its own use or to the use of any other person or entity. Without limiting the foregoing, each party 2017-12-19 Agenda Packet Page 226 8 agrees to take at least such precautions to protect the other party’s Confidential Information as it takes to protect its own Confidential Information. Each party is solely responsible for all use of the other party’s Confidential Information by anyone who gains access to the Confidential Information under such party’s authorization. Upon termination or expiration (without renewal) of this Agreement, each party will return to the other party, or certify as destroyed, all tangible items containing any of the other party’s Confidential Information that are held by that party or its employees, agents or contractors, other than one archival copy. Each party agrees to notify the other party if it becomes aware of any unauthorized use or disclosure of the other party’s Confidential Information. If either party believes it is required by law or by a subpoena or court order to disclose any of the other party’s Confidential Information, it shall, if legally permissible, promptly notify the other party and shall make all reasonable efforts to allow the other party an opportunity to seek a protective order or other judicial relief prior to any disclosure. Nothing in this Agreement shall be construed to restrict disclosure or use of information that was in the possession of or rightfully known by the recipient, without an obligation to maintain its confidentiality, prior to receipt from the other party; is or becomes generally known to the public without violation of this Agreement; is obtained by the recipient in good faith from a third party having the right to disclose it without an obligation of confidentiality; or is independently developed by the receiving party without reference to the other party’s Confidential Information. 8.5 PHI. The parties agree will comply with all applicable requirements set forth in HIPAA and ARRA. The parties' obligations with respect to the use and disclosure of PHI are outlined in the Business Associate Addendum attached to this Agreement as Exhibit B. Section 9 – Indemnification 9.1 Indemnification by Optum. Optum will indemnify customer and hold, customer, its officers, directors, employees, agents, successors and assigns harmless from and against any and all third- party losses, liabilities, penalties, fines, costs, damages (including taxes), and related costs and expenses, including reasonable attorneys’ fees and costs (collectively “Losses”), that Customer may incur to the extent such Losses arise out of or are related to: (i) the gross negligence or willful misconduct of Optum or its vendors, subcontractors, and representatives in the performance of their obligations under this Agreement; or (ii) Optum’s material breach of this Agreement. Notwithstanding the foregoing, Customer will remain solely responsible for payment of all Plan benefits and Optum’s indemnification will not extend to indemnification of Customer or the Plan against any claims, liabilities, damages, judgments or expenses that constitute payment of Plan benefits. 9.2 Indemnification by Customer. Customer will indemnify, Optum and hold Optum, its officers, directors, employees, agents, successors and assigns harmless from and against any and all Losses to the extent such Losses arise out of are related to: (i) the gross negligence or willful misconduct of Customer or Customer’s vendors, subcontractors, and representatives in the performance of their obligations under this Agreement; or (ii) Customer’s material breach of this Agreement. 9.3 LIABILITY. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CONSEQUENTIAL DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOST PROFITS, LOST REVENUES, AND LOST BUSINESS OPPORTUNITIES, WHETHER OR NOT THE OTHER PARTY WAS OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES. 2017-12-19 Agenda Packet Page 227 9 9.4 Indemnification Procedures. The indemnification obligations in Sections 9.1, and 9.2 herein are subject to the indemnified party (Indemnified Party): (a) notifying the indemnifying party (Indemnifying Party) promptly and in writing of the Loss, although the failure or delay to so notify by the Indemnified Party will not relieve the Indemnifying Party of its obligations under Section 9 of this Agreement so long as the failure or delay does not prejudice the defense of such claim; (b) providing reasonable assistance in defending the claim; and (c) consenting to the Indemnifying Party’s sole authority to defend or settle such claim, provided that the Indemnifying Party will not agree to any stipulation, admission, or acknowledgement of fault, guilt, wrongdoing or liability on the part of the Indemnified Party without the Indemnified Party's prior written consent. An indemnified party may not assert any claims against the Indemnifying Party more than two (2) years after the expiration or termination of this Agreement. 9.5 Insurance. During the term of this Agreement, Optum shall maintain in effect commercial general liability insurance in the amount of $1,000,000 per occurrence and $3,000,000 aggregate and professional liability insurance coverage in the amount of $5,000,000 per occurrence and $5,000,000 aggregate. Section 10 – Disputes In the event that any dispute, claim, or controversy of any kind or nature relating to this Agreement arises between the parties, the parties agree to meet and make a good faith effort to resolve the dispute. Nothing herein is intended to prevent either party from seeking any other remedy available at law including seeking redress in a court of competent jurisdiction. This provision shall survive the termination of this Agreement. Section 11 – Service Specific Terms 11.1 Plan Benefits Litigation. A. Litigation against Optum. Optum will select and retain defense counsel to represent Optum’s and the Plan’s interest, if a demand is asserted, or litigation or administrative proceedings are begun by a Participant or Network Provider against Optum, or against the Plan and Optum jointly, to recover Plan benefits, related to Optum’s duties under this Agreement (“Plan Benefits Litigation”). In actions against both Customer and Optum, and provided no conflict of interest arises between the parties, Optum will agree to joint defense counsel. Reasonable legal fees and costs Optum incurs will be paid by Customer if Optum gives Customer reasonable advance notice of Optum’s intent to charge Customer for such fees and costs, and Optum consults with Customer in a manner consistent with Optum’s fiduciary obligations under ERISA on Optum’s litigation strategy. Both parties will cooperate fully with each other in the defense of Plan Benefits Litigation. Customer is responsible for the full amount of any Plan benefits paid as a result of such litigation. This provision shall survive the termination of this Agreement. B. Litigation against Customer. If litigation or administrative proceedings are begun against Customer and/or the Plan, Customer will select and retain counsel, and Customer will be responsible for all legal fees and costs in connection with such litigation. Optum will cooperate fully in the defense of litigation arising out of matters relating to this Agreement. This provision shall survive the termination of this Agreement. 11.2 EAP Services in California. Exhibit C shall apply to EAP Services provided to Participants within the State of California. In the event of any conflict or inconsistency between the terms and 2017-12-19 Agenda Packet Page 228 10 conditions of this Agreement and Exhibit C, Exhibit C shall take precedence and control, but only to the extent required by any applicable California statute, regulation, or regulatory approval under the Knox-Keene Act or its associated regulations, as amended, and only with respect to the subject matter of Exhibit C. Section 12 – Miscellaneous 12.1 Subcontractors. Optum can use subcontractors, including affiliates, to perform Services under this Agreement. Optum will be responsible for their services to the same extent that Optum would have been had Optum performed the Services without the use of an affiliate or subcontractor. 12.2 Assignment. Neither party may assign any of its rights or obligations under this Agreement without the written consent of the other party, provided, however, that Optum may assign or transfer this Agreement to an entity controlling, controlled by, or under common control with Optum, or a purchaser of all or substantially all of Optum’s assets, subject to notice to Customer of the assignment. 12.3 Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of Minnesota, except as to any applicable federal laws, without giving effect to the principles of conflicts of law thereof. 12.4 Entire Agreement. This Agreement, with its exhibits, constitutes the entire agreement between the parties governing the subject matter of this Agreement. This Agreement replaces any prior written or oral communications or agreements between the parties relating to the subject matter of this Agreement. Any Article, paragraph, section, title, or other heading contained in this Agreement are for convenience of reference only, and are not to be deemed a part of this Agreement nor do they in any way define, limit, construe the terms, scope, intent, and/or meaning of this Agreement or any provision therein. 12.5 No Third Party Beneficiaries. This Agreement is solely between Optum and Customer. Nothing in this Agreement is intended to (i) confer or create any rights, remedies, obligations, duties, claims, interests, warranties, or representations whatsoever under or by reason of this Agreement on or to any person other than Customer and Optum and their respective successors and assigns; (ii) relieve, discharge, or shift any obligation or liability of any third party to Optum or Customer; or (iii) give any third party any right of subrogation or action over or against Customer or Optum. This provision shall survive termination of this Agreement. 12.6 Regulatory Filing. In the event that Customer is required to file this Agreement with federal, state and local governmental authorities, Customer shall be responsible for filing the Agreement with such authorities as required by any applicable law or regulation. If, following any such filing, the governmental authority requests changes to this Agreement, Optum and Customer shall jointly discuss Customer’s response to the governmental authority. In the event any federal, state or local governmental authority requires a change to this Agreement that either Optum or Customer deems to be material, either party may request renegotiation of the affected provisions of this Agreement. 12.7 Waiver/Estoppel. Nothing in this Agreement is considered to be waived by any party, unless the party claiming the waiver receives the waiver in writing. No breach of the Agreement is considered to be waived unless the non-breaching party waives it in writing. A waiver of one provision does not constitute a waiver of any other. A failure of either party to enforce at any time any of the provisions of this Agreement, or to exercise any option which is herein provided in this Agreement, will in no way be construed to be a waiver of such provision of this Agreement. 2017-12-19 Agenda Packet Page 229 11 12.8 Notices. Any notice, demand, or communication required under this Agreement shall be hand delivered or sent by commercial overnight delivery service, or if mailed, by pre-paid, first class mail to the contact names and addresses listed in the signature block with a copy sent to Optum’s General Counsel. The addresses to which notices are sent may be changed by proper notice. 12.9 Use of Names. The parties agree not to use each other's name, logo, service marks, trademarks or other identifying information without the written permission of the other; provided, however, Customer grants Optum permission to use Customer’s name, logo, service marks, trademarks or other identifying information (“Customer Marks”) to the extent necessary for Optum to carry out its obligations under this Agreement. Customer represents that Customer Marks do not infringe the rights of others or inaccurately portray the Services or mislead Participants and are used by Customer in accordance with all applicable laws. 12.10 Force Majeure. Each party will take commercially reasonable steps to prevent and recover from disruptive events that are beyond its control and represents that it has backup systems in place in case of emergencies or natural disasters. If either party shall be, wholly or in part, unable to perform any or part of its duties or functions under this Agreement because an act of war, riot, terrorist action, weather-related disaster, earthquake, governmental action, unavailability or breakdown of equipment, or other industrial disturbance which is beyond the reasonable control of the party obligated to perform and which by the exercise of reasonable diligence such party is unable to prevent (each a “Force Majeure Event”), then, and only upon giving the other party notice by telephone, facsimile or in writing within a reasonable time and in reasonably full detail of the Force Majeure Event, such party’s duties or functions shall be suspended during such inability; provided, however, that in the event that a Force Majeure Event delays such party’s performance for more than thirty (30) days following the date on which notice was given to the other party of the Force Majeure Event, the other party may terminate this Agreement. Neither party shall be liable to the other for any damages caused or occasioned by a Force Majeure Event. Government actions resulting from matters that are subject to the control of the party shall not be deemed Force Majeure Events. 12.11 Compliance with Laws. Customer shall substantially comply with and ensure the Plan substantially complies with all applicable laws and regulations. Except as provided below, Optum shall obtain and maintain any applicable licenses or regulatory approvals necessary for it to perform its services under this Agreement and shall substantially comply with all applicable laws and regulations. 12.12 Independent Medical Judgment. Customer and Optum both acknowledge and agree that Participants’ treating physician(s) and other health care providers, including but not limited to Network Providers, shall be solely responsible to provide treatment and/or services to Participants and to make all decisions related to patient care and shall exercise their independent medical judgment as to all such matters. Nothing in this Agreement shall be deemed to create any rights of Optum, Customer, or any other person or entity to intervene in any manner with or otherwise interfere with the independent medical judgment of Participants’ health care providers with regard to treatment or utilization issues, nor shall it render Optum, Customer, or any other person or entity responsible for the method or means by which any health care provider renders treatment or service to a Participant. 12.13 No Incentive Payments. Optum receives no incentive payment based on reduction of services or the charges thereof, reduction of length of stay, or utilization of alternative treatment settings to reduce amounts of necessary or appropriate medical care. 2017-12-19 Agenda Packet Page 230 12 12.14 Counterparts. This Agreement may be signed electronically or in multiple counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one instrument. 12.15 Severability. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, then the remaining portions of the Agreement shall be construed as if not containing such provision, and all other rights and obligations of the parties shall be construed and enforced accordingly. 12.16 Survival of Terms. Any provisions of this Agreement, or any attachments, and exhibits, which by their nature, extend beyond the expiration, or termination of this Agreement, and those provisions that are expressly stated to survive termination, shall survive the termination of this Agreement, and shall remain in effect until all such obligations are satisfied. 12.17 Legal Advice. It is understood and agreed that the Services do not include and Optum will not provide, investment, tax or legal advice. If the Customer requires legal or other expert advice, the Customer should consult its own legal counsel. 12.18 Improvements and Modification of Services. Optum reserves the right to upgrade, improve, modify or discontinue any Services provided or made available to Customer under this Agreement. [Signature Page Follows] 2017-12-19 Agenda Packet Page 231 13 ACCEPTED AND AGREED: U.S. Behavioral Health Plan, California acknowledges the terms of this Agreement, and is subject to the terms of the document attached hereto as Exhibit C in accordance with section 11.2 herein. OptumHealth Care Solutions, LLC City of Chula Vista 11000 Optum Circle 276 Fourth Ave. Eden Prairie, MN 55344 Chula Vista, CA 91910 Signature: \si2\ Signature: \si1\ Print Name: \na2\ Print Name: \na1\ Print Title: \ti2\ Print Title: \ti1\ Date: \ds2\ Date: \ds1\ Internal Control No.: 00408579.0 Signature: \si3\ Print Name: \na3\ Print Title: \ti3\ Date: \ds3\ U.S. Behavioral Health Plan, California 425 Market Street San Francisco, CA 94105 2017-12-19 Agenda Packet Page 232 14 EXHIBIT A – SERVICES AND FEES The following are the administrative services Optum has agreed to provide to Customer at the rates set forth herein. Customer may request that Optum provide services in addition to those set forth in this Exhibit A. If Optum agrees to provide them, those services will be subject to the requirements of Section 12.5 of the Agreement. Customer will pay an additional fee, determined by Optum, for any additional services. Product Components Rate Type Rate Period $ Fee Employee Assistance Program (EAP) 8 Visits Per Employee Per Month $1.74 Bank of 6 CIRS/Training Hours Per Employee Per Month Included Additional On-Site Support Service hours are available on a fee-for-service basis. Services are billed at an hourly rate plus travel time. Any onsite or training hours can be purchased according to the rates in the grid below. On-Site Support Service Fee for Service Management Development Programs $175/on-site hour Employee Development Programs $175/on-site hour Wellness Seminars $175/on-site hour Information Resource Events $175/on-site hour Critical Incident Response Services $225/on-site hour Travel Time & Trainer Downtime $100/hour Rate Effective Period: 1/1/2018 - 12/31/2019. These rates are based on an enrolled population of 972 Employees. If enrollment changes by more than 10%, then we reserve the right to revise the rates. Rates are guaranteed for 2 years. 2017-12-19 Agenda Packet Page 233 15 EXHIBIT B – BUSINESS ASSOCIATE ADDENDUM This Business Associate Addendum (“BAA”) is incorporated into and made part of the Agreement by and between OptumHealth Care Solutions, LLC, on behalf of itself and its subsidiaries and affiliates (“Business Associate”), and City of Chula Vista (“Covered Entity”), that involve the use or disclosure of PHI (as defined below). The parties agree as follows. 1. DEFINITIONS 1.1 All capitalized terms used in this BAA not otherwise defined herein have the meanings established for purposes of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, as amended and supplemented (collectively, “HIPAA”). 1.2 “Breach” means the acquisition, access, use or disclosure of PHI in a manner not permitted by the Privacy Rule that compromises the security or privacy of the PHI, subject to the exclusions in 45 C.F.R. § 164.402. 1.3 “PHI” means Protected Health Information, as defined in 45 C.F.R. § 160.103, and is limited to the Protected Health Information received from, or received, created, maintained or transmitted on behalf of, Covered Entity. 1.4 “Privacy Rule” means the federal privacy regulations, and “Security Rule” means the federal security regulations, as amended, issued pursuant to HIPAA and codified at 45 C.F.R. Parts 160 and 164 (Subparts A, C & E). 1.5 “Services” means the services provided by Business Associate to Covered Entity to the extent they involve the receipt, creation, maintenance, transmission, use or disclosure of PHI. 2. RESPONSIBILITIES OF BUSINESS ASSOCIATE With regard to its use and/or disclosure of PHI, Business Associate agrees to: 2.1 not use and/or further disclose PHI except as necessary to provide the Services, as permitted or required by this BAA and in compliance with the applicable requirements of 45 C.F.R. § 164.504(e), or as Required by Law; provided that, to the extent Business Associate is to carry out Covered Entity’s obligations under the Privacy Rule, Business Associate will comply with the requirements of the Privacy Rule that apply to Covered Entity in the performance of those obligations. 2.2 implement and use appropriate administrative, physical and technical safeguards and comply with applicable Security Rule requirements with respect to ePHI, to prevent use or disclosure of PHI other than as provided for by this BAA. 2.3 without unreasonable delay, report to Covered Entity (i) any use or disclosure of PHI not provided for in this BAA and/or (ii) any Security Incident of which Business Associate becomes aware in accordance with 45 C.F.R. § 164.314(a)(2)(i)(C). For the purposes of reporting under this BAA, a reportable “Security Incident” shall not include unsuccessful or inconsequential incidents that do not represent a material threat to confidentiality, integrity or availability of PHI (such as scans, pings, or unsuccessful attempts to penetrate computer networks). 2.4 report to Covered Entity within ten business days: (i) any Breach of Unsecured PHI of which it becomes aware in accordance with 45 C.F.R. § 164.504(e)(2)(ii)(C). Business Associate shall 2017-12-19 Agenda Packet Page 234 16 provide to Covered Entity a description of the Breach and a list of Individuals affected (unless Covered Entity is a plan sponsor ineligible to receive PHI). Business Associate shall provide required notifications to Individuals and the Media and Secretary, where appropriate, in accordance with the Privacy Rule and with Covered Entity’s approval of the notification text. Business Associate shall pay for the reasonable and actual costs associated with those notifications and with credit monitoring, if appropriate. 2.5 in accordance with 45 C.F.R. § 164.502(e)(1)(ii) and 45 C.F.R. § 164.308(b)(2), ensure that any subcontractors of Business Associate that create, receive, maintain or transmit PHI on behalf of Business Associate agree, in writing, to the same restrictions on the use and/or disclosure of PHI that apply to Business Associate with respect to that PHI, including complying with the applicable Security Rule requirements with respect to ePHI. 2.6 make available its internal practices, books and records relating to the use and disclosure of PHI to the Secretary for purposes of determining Covered Entity’s compliance with the Privacy Rule, in accordance with 45 C.F.R. § 164.504(e)(2)(ii)(l). 2.7 within ten business days after receiving a written request from Covered Entity or an Individual, make available to Covered Entity or an Individual information necessary for an accounting of disclosures of PHI about an Individual, in accordance with 45 C.F.R. § 164.528. 2.8 provide access to Covered Entity or an Individual, within ten business days after receiving a written request from Covered Entity or an Individual, to PHI in a Designated Record Set about an Individual, sufficient for compliance with 45 C.F.R. § 164.524. 2.9 to the extent that the PHI in Business Associate’s possession constitutes a Designated Record Set, make available, within ten business days after a written request by Covered Entity or an Individual, PHI for amendment and incorporate any amendments to the PHI as requested in accordance with 45 C.F.R. § 164.526. 3. RESPONSIBILITIES OF COVERED ENTITY Covered Entity: 3.1 shall identify the records it furnishes to Business Associate that it considers to be PHI for purposes of the Agreement, and provide to Business Associate only the minimum PHI necessary to accomplish the Services. 3.2 in the event that the Covered Entity honors a request to restrict the use or disclosure of PHI pursuant to 45 C.F.R. § 164.522(a) or makes revisions to its notice of privacy practices of Covered Entity in accordance with 45 C.F.R. § 164.520 that increase the limitations on uses or disclosures of PHI or agrees to a request by an Individual for confidential communications under 45 C.F.R. § 164.522(b), Covered Entity agrees not to provide Business Associate any PHI that is subject to any of those restrictions or limitations, unless Covered Entity notifies Business Associate of the restriction or limitation and Business Associate agrees in writing to honor the restriction or limitation. 3.3 shall be responsible for using administrative, physical and technical safeguards to maintain and ensure the confidentiality, privacy and security of PHI transmitted to Business Associate pursuant to the Agreement, in accordance with the requirements of HIPAA. 3.4 shall obtain any consent or authorization that may be required by applicable federal or state 2017-12-19 Agenda Packet Page 235 17 laws prior to furnishing Business Associate the PHI for use and disclosure in accordance with this BAA. 3.5 if Covered Entity is an employer sponsored health plan, Covered Entity represents that to the extent applicable, it has ensured and has received certification from the applicable Plan Sponsor that the Plan Sponsor has taken the appropriate steps in accordance with 45 C.F.R. § 164.504(f) and 45 C.F.R. § 164.314(b) to enable Business Associate on behalf of Covered Entity to disclose PHI to Plan Sponsor, including but not limited to amending its plan documents to incorporate the requirements set forth in 45 C.F.R. § 164.504(f)(2) and 45 C.F.R. § 164.314(b). Covered Entity shall ensure that only employees authorized under 45 C.F.R. § 164.504(f) shall have access to the PHI disclosed by Business Associate to Plan Sponsor. 4. PERMITTED USES AND DISCLOSURES OF PHI Business Associate may: 4.1 use and disclose PHI as necessary to provide the Services to Covered Entity. 4.2 use and disclose PHI for the proper management and administration of Business Associate or to carry out the legal responsibilities of Business Associate, provided that any disclosures are Required by Law or any third party to which Business Associate discloses PHI provides written assurances that: (i) the information will be held confidentially and used or further disclosed only for the purpose for which it was disclosed to the third party or as Required by Law; and (ii) the third party promptly will notify Business Associate of any instances of which it becomes aware in which the confidentiality of the information has been breached, in accordance with 45 C.F.R. § 164.504(e)(4). 4.3 De-identify any PHI received or created by Business Associate under this BAA in accordance with the Privacy Rule. 4.4 provide Data Aggregation services relating to the Health Care Operations of the Covered Entity in accordance with the Privacy Rule. 4.5 use PHI for Research projects conducted by Business Associate, its Affiliates or third parties, in a manner permitted by the Privacy Rule, by obtaining documentation of individual authorizations, an Institutional Review Board, or a privacy board waiver that meets the requirements of 45 C.F.R. § 164.512(i)(1), and providing Covered Entity with copies of such authorizations or waivers upon request. 4.6 make PHI available for reviews preparatory to Research in accordance with the Privacy Rule at 45 C.F.R. § 164.512(i)(1)(ii). 4.7 use the PHI to create a Limited Data Set (“LDS”) and use or disclose the LDS for the health care operations of the Covered Entity or for Research or Public Health purposes as provided in the Privacy Rule. 5. TERMINATION 5.1 Covered Entity may terminate this BAA and the Agreement if Business Associate materially breaches this BAA, Covered Entity provides written notice of the breach to Business Associate, and Business Associate fails to cure the breach within the reasonable time period set by Covered Entity. 2017-12-19 Agenda Packet Page 236 18 5.2 Within thirty (30) days after the expiration or termination for any reason of the Agreement and/or this BAA, Business Associate shall return or destroy all PHI, if feasible to do so, including all PHI in possession of Business Associate’s subcontractors. In the event that return or destruction of the PHI is not feasible, Business Associate may retain the PHI subject to this Section 5.2. Business Associate shall extend any and all protections, limitations and restrictions contained in this BAA to Business Associate’s use and/or disclosure of any PHI retained after the expiration or termination of the Agreement and/or this BAA, and shall limit any further uses and/or disclosures solely to the purposes that make return or destruction of the PHI infeasible. 6. MISCELLANEOUS The terms of this BAA shall be construed to allow Covered Entity and Business Associate to comply with HIPAA. Nothing in this Addendum shall confer upon any person other than the parties and their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever. Sections 4 and 5.2 shall survive the expiration or termination of this BAA for any reason. 2017-12-19 Agenda Packet Page 237 19 EXHIBIT C - USBHPC Employee Assistance Program Agreement U.S. BEHAVIORAL HEALTH PLAN, CALIFORNIA EMPLOYEE ASSISTANCE PROGRAM AGREEMENT 425 MARKET STREET, 12th FLOOR SAN FRANCISCO, CA 94105 This Employee Assistance Program Agreement (this "Agreement") between U.S. Behavioral Health Plan, California (“USBHPC,” “our,” “us, or “we” in this Agreement), a California corporation licensed as a Knox-Keene Health Care Service Plan, and City of Chula Vista (“you” or “your” in this Agreement), is effective as of January 1, 2018 (“Effective Date”). This Agreement covers the services we are providing to you in conjunction with your employee welfare benefit plan (“Plan”). This Agreement is structured so that the General Provisions appear first and the related Attachments and Product Schedules follow. The Agreement consists of this page, a table of contents, the body of this Agreement, and the Attachments and Product Schedules. USBHPC identifies this arrangement as Account Number: 00408579.0 2017-12-19 Agenda Packet Page 238 20 Table of Contents Section 1 Definitions 1.1 Affiliated Employer 1.2 Combined Evidence of Coverage and Disclosure Form 1.3 Covered Services 1.4 Department 1.5 Dependent 1.6 EAP Benefit Plan or EAP Plan 1.7 EAP Benefit Plan Summary 1.8 Employee 1.9 Employee Assistance Program (“EAP”) 1.10 ERISA 1.11 ERISA Plan 1.12 Limited English Proficient (“LEP”) 1.13 Medical Director 1.14 Participant 1.15 Participating Provider 1.16 Product Schedule 1.17 Provider 1.18 Total Monthly Fee Section 2 Our Services 2.1 Our Services, Including Principal Benefits and Coverage 2.2 Participating Provider Network 2.3 Telephone "Help Line" 2.4 Record-Keeping 2.5 Statistical Reports 2.6 Health Fairs 2.7 Notices To You 2.8 Language Assistance Services Section 3 Your Responsibilities 3.1 Offer of Coverage 3.2 Eligibility and Enrollment 3.3 Compensation 3.4 ERISA Plan Documents 3.5 ERISA Plan Changes 3.6 ERISA Plan Consistent with this Agreement 3.7 Notice to Participants 3.8 Other Information 3.9 Responsibility for the ERISA Plan 3.10 List of Affiliated Employers 3.11 HIPAA Compliance Section 4 Choice of Providers 4.1 Assignment of Participating Provider; Coordination of Covered Services 4.2 Liability of Participant for Payment Section 5 Access to Information 2017-12-19 Agenda Packet Page 239 21 Section 6 Indemnification and Insurance 6.1 You Indemnify Us 6.2 We Indemnify You 6.3 Insurance Section 7 Disputes Section 8 Term and Termination 8.1 Term 8.2 Termination of Agreement 8.3 Termination of a Participant's Coverage and Reinstatement 8.4 Return of Monthly Fee for Unexpired Period 8.5 Director Review of Termination Section 9 Miscellaneous 9.1 Notices 9.2 Assignment 9.3 Amendment 9.4 Waiver 9.5 Governing Law 9.6 Compliance with Applicable Law 9.7 Participants Bound by This Agreement 9.8 Nondisclosure and Confidentiality 9.9 USBHPC Policies, Procedures, Rules and Interpretations 9.10 Severability 9.11 Entire Agreement 2017-12-19 Agenda Packet Page 240 22 ATTACHMENTS Attachment A Fees Attachment B Products and Services Attachment C Combined Evidence of Coverage and Disclosure Form for Employee Assistance Program 2017-12-19 Agenda Packet Page 241 23 Section 1 Definitions 1.1 Affiliated Employer. An entity that is affiliated with you and whose employees or former employees are covered by the ERISA Plan. 1.2 Combined Evidence of Coverage and Disclosure Form. A document provided to each Participant which summarizes the key terms and provisions of this Agreement and describes the coverage to which the Participant is entitled under this Agreement including, but not limited to, the principal benefits, Exclusions and Limitations applicable to such coverage. The Combined Evidence of Coverage and Disclosure Form for the Employee Assistance Program is set forth as Attachment C, which is attached. 1.3 Covered Services. Employee Assistance Program ("EAP") services that are covered under the terms of the EAP Benefit Plan, as set forth in the EAP Benefit Plan Summary. 1.4 Department. Department of Managed Health Care. 1.5 Dependent. An Employee’s dependent as defined by you. If not defined by you, “dependent” shall mean an individual who is a member of an Employee’s household and who is eligible and enrolled in accordance with all applicable requirements established by you. 1.6 EAP Benefit Plan or EAP Plan. The services to which Participants are entitled under the attached Combined Evidence of Coverage and Disclosure Form (Attachment C), as such document may be amended from time to time in accordance with this Agreement. 1.7 EAP Benefit Plan Summary. The summary of Covered Services, Exclusions and Limitations applicable to the EAP. The Benefit Plan Summary is attached to the Combined Evidence of Coverage and Disclosure Form, which is attached to the Agreement as Attachment C. 1.8 Employee. A current or former employee of you or an Affiliated Employer who is an eligible Participant. 1.9 Employee Assistance Program ("EAP"). Services designed to assist your Employees, their dependents, and you in finding solutions for personal and workplace problems as described in detail in the attached Product Schedules and in the Combined Evidence of Coverage and Disclosure Form, Attachment C to this Agreement. 1.10 ERISA. Employee Retirement Income Security Act of 1974, as amended from time to time. 1.11 ERISA Plan. The employee benefit plan to which this agreement applies, and which is administered by you. 1.12 Limited English Proficient (“LEP”). A Participant who has an inability or a limited ability to speak, read, write, or understand the English language at a level that permits that individual to interact effectively with health care providers or USBHPC employees. 1.13 Medical Director. A licensed physician certified or eligible for certification by the American Board of Psychiatry and Neurology who has been designated by USBHPC to oversee the provision of Covered Services to Participants. 2017-12-19 Agenda Packet Page 242 24 1.14 Participant. Your Employee, or a dependent of your Employee, entitled to benefits or coverage under the terms and conditions of the EAP Benefit Plan. 1.15 Participating Provider. A Provider who has entered into a contract with us to provide Covered Services to Participants. 1.16 Product Schedule. A document that describes in detail the services purchased by you under this Agreement. There may be more than one Product Schedule. 1.17 Provider. Any practitioner who or that is qualified and duly licensed or certified by the State of California to furnish EAP services to Participants. 1.18 Total Monthly Fee. The fees for Covered Services rendered under this Agreement as represented in Attachment A. Section 2 Our Services 2.1 Our Services, Including Principal Benefits and Coverage. We will provide the Covered Services that are identified on the first page of this Agreement, and that are described in the attached Product Schedules and, where applicable, in the Combined Evidence of Coverage and Disclosure Form set forth in Attachment C. We shall give at least thirty (30) days written notice to you prior to decreasing any benefits to which Participants are entitled under this Agreement. 2.2 Participating Provider Network. We will enter into arrangements with Providers in order to arrange for Covered Services (which are described in the attached Product Schedules) for Participants at rates we negotiate with such Providers. We cannot warrant or represent to you or to Participants that a particular Provider will be available or will continue to be available to a particular Participant or to Participants in general. We will also perform the following services with respect to our Provider network: a) We will perform a review of the credentials, licensure and experience of Participating Providers. b) We shall provide written notice within a reasonable time to a Participant regarding the termination or breach of a contract with USBHPC by, or the inability to perform services of, any Participating Provider, if that Participant may be materially and adversely affected by such termination, breach or inability to perform. c) In the event that a contract between USBHPC and a Participating Provider terminates while a Participant is under the care of such Participating Provider, USBHPC shall retain financial responsibility for such care, provided the services are Covered Services. Such responsibility shall continue until the Covered Services being rendered are completed, or until USBHPC makes reasonable and clinically appropriate arrangements for the provision of such Covered Services by another Provider, whichever occurs first. d) We shall be responsible for compensating Participating Providers for Covered Services provided to Participants in accordance with the requirements of this Agreement and the requirements of any contract between USBHPC and the Provider. By statute, all contracts between USBHPC and Participating Providers are required to provide that, in the event USBHPC fails to pay the Participating Provider for Covered Services for which 2017-12-19 Agenda Packet Page 243 25 USBHPC is financially responsible, no Participant shall be liable to the Participating Provider for such non-payment. e) The relationship between USBHPC and each Participating Provider is an independent contractor relationship. Participating Providers are not agents or employees of USBHPC, nor is USBHPC, or any employee of USBHPC, an employee or agent of any Participating Provider. USBHPC shall not be liable for any claims or demands on account of damages arising out of or in any manner connected with, any injury suffered by a Participant relating to EAP services received by the Participant from any Participating Provider. 2.3 Telephone "Help Line". We shall make available a "Help Line" with access to trained counselors for you and Participants through our toll-free telephone line. Such counselors shall be made available twenty-four (24) hours a day, seven (7) days a week. 2.4 Record-Keeping. We shall establish and maintain a record-keeping system concerning the services to be performed under this Agreement. All such records shall be our property and shall be available for inspection by you pursuant to Section 5. We will retain such records as long as we are required to do so by law. 2.5 Statistical Reports. We shall provide standard statistical summaries of program activities at no charge. At your request and for an additional fee, we shall provide, within a time period mutually agreed to by both parties, ad hoc or non-standard specialized reporting of data regarding the services outlined in this Agreement. 2.6 Health Fairs. We shall participate in health fairs for your Employees in a frequency mutually agreed to by us; however, you shall provide thirty (30) days prior notification of health fairs for scheduling purposes. 2.7 Notices to You. Any notice we are required to give you pursuant to this Agreement, may be given to a representative designated by you pursuant to Section 3.7. 2.8 Language Assistance Services. For Participants with limited English proficiency (“LEP”), we will provide language assistance services to ensure that LEP Participants are able to communicate effectively with our personnel in their preferred spoken language, are able to obtain written communication from us in a threshold language, and are able to either be referred to Participating Providers who have attested to fluency in the LEP Participant’s own language or be provided with interpretation services. Language assistance services will be provided at no cost to the LEP Participant. Section 3 Your Responsibilities 3.1 Offer of Coverage. You shall offer our services to all eligible Employees and dependents of your health benefit program(s) or to a designated unit or units of eligible Employees and dependents as mutually agreed. 3.2 Eligibility and Enrollment. To be eligible for enrollment in the EAP Benefit Plan, a person must meet the eligibility guidelines set forth by you. Participants are automatically enrolled for coverage under the EAP Benefit Plan by you. 2017-12-19 Agenda Packet Page 244 26 3.3 Compensation. You will pay us for services rendered under this Agreement pursuant to the Total Monthly Fee reflected in Attachment A of this Agreement. 3.4 ERISA Plan Documents. If you are offering the EAP benefits to your Employees under an ERISA Plan, you will be solely responsible for the preparation and contents of the ERISA Plan Document, Summary Plan Description, and a description of the EAP services, and/or a Trust Agreement, including all related amendments thereto, and proof of compliance of such documents with ERISA and applicable laws. You will provide us with these controlling documents governing the operation of the ERISA Plan prior to the commencement of services under this Agreement. You shall be responsible for printing, maintaining a supply of and distributing the Summary Plan Description and all other information and forms necessary for Participant’s enrollment and continued eligibility for services under this Agreement. 3.5 ERISA Plan Changes. If you are offering the EAP benefits to your Employees under an ERISA Plan, you will notify us in writing if you change the ERISA Plan's benefits related to the EAP services or other relevant Plan provisions, including termination of the ERISA Plan, within a reasonable period of time prior to the change becoming effective. We can decide when changes can be made. We can decide whether or not we will continue providing our services as a result of those changes. We have the option of giving you thirty (30) days’ written notice of termination of this Agreement following our receipt of your notice of the change. If we decide to continue providing our services, you will pay us for any reasonable costs that we incur to put the changes in place. In addition, the fees you are required to pay under this Agreement may be changed by us in accordance with Attachment A of this Agreement. 3.6 ERISA Plan Consistent with this Agreement. If you are offering the EAP benefits to your Employees under an ERISA Plan, you represent that the ERISA Plan documents, including the Summary Plan Description that describe your EAP are consistent with this Agreement. You will provide us with copies of the ERISA Plan documents and Participant communications prior to distributing these materials to Participants or third parties. You will amend them if we determine that references to us are not acceptable, or any ERISA Plan or EAP provision is not consistent with this Agreement or the services that we are providing. 3.7 Notice to Participants. Within a reasonable period of time before coverage begins, you will give Participants the information and documents they need to obtain benefits under this Agreement, including any definition of “dependent” that varies from the definition set forth in Section 1.6. You shall further arrange for a representative to serve as a liaison between you and Participants. Such representative shall disseminate to Participants with the next regular written communication sent to Participants, but in no event later than thirty (30) days following your receipt of any notice intended for Participants that you receive from us pursuant to this Agreement. Such representative shall also disseminate to Participants all applicable Combined Evidences of Coverage and Disclosure Forms, brochures, newsletters and other materials and information relating to our EAP Benefit Plan, when requested by us. In the event either party provides written notice of termination of this Agreement in accordance with Section 8.2, you will promptly notify all Participants of the impending discontinuance of our services by promptly mailing notice of termination to each Participant in accordance with Section 8.2. You will promptly notify Participants who fail to meet the eligibility guidelines set by you. 3.8 Other Information. You shall permit us, at reasonable times, to examine your pertinent records with respect to eligibility and Total Monthly Fee payments hereunder. You will furnish us with any other information we reasonably require to perform our obligations under this Agreement, including publicly available financial information. 2017-12-19 Agenda Packet Page 245 27 3.9 Responsibility for the ERISA Plan. If you are offering the EAP benefits to your Employees under an ERISA Plan, you accept total responsibility for the ERISA Plan for purposes of this Agreement including, but not limited to, its benefit design and compliance with any laws that apply to you or the ERISA Plan; provided however, we will administer the appeals process and retain the ultimate authority with respect to eligibility determinations and benefits under the ERISA Plan. We are not the Plan Administrator of the ERISA Plan. 3.10 List of Affiliated Employers. If applicable, you will provide us with a list of your Affiliated Employers prior to the Effective Date. You will provide prior written notice of any changes to this list. You represent that together you and the Affiliated Employers make up a single “control group” as defined by ERISA. 3.11 HIPAA Compliance. We agree to perform the obligations applied to a Covered Entity as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). You agree to cooperate with us to the extent necessary so that we may fulfill said obligations as set forth by HIPAA. Section 4 Choice of Providers 4.1 Assignment of Participating Provider; Coordination of Covered Services. Each Participant who requests that Covered Services be provided pursuant to this Agreement will be assigned by USBHPC to a Participating Provider who will coordinate the Covered Services to be received by the Participant from such Participating Provider. If a Participant desires to change such Participant’s assignment to a particular Participating Provider, or to receive Covered Services from a Provider other than a Provider that has been arranged by the Participating Provider, the Participant shall so inform USBHPC. USBHPC shall consider all such requests but shall have sole discretion to determine whether the Participant will be assigned to another Participating Provider or permitted to obtain Covered Services from a Provider other than a Provider that has been arranged by the Participating Provider. 4.2 Liability of Participant for Payment. If a Participant chooses to obtain EAP services from a Provider other than a Provider that has been arranged by the Participating Provider, the Participant shall be liable for payment for such services, notwithstanding whether the services would otherwise have qualified as Covered Services unless USBHPC gives prior written certif ication for the receipt of such services by the Participant from such Provider. No loss of benefits shall ensue to Participants who change from one Participating Provider to another with USBHPC approval. Section 5 Access to Information 5.1 Access to Information. If you need information that we have in our possession (a) in order to administer the ERISA Plan or (b) in order to determine whether we are performing our obligations under the Agreement we will give you access to that information, if legally per missible, as long as the information relates to our services under this Agreement, and you give us sixty (60) days prior notice of the need for the information or such shorter notice period as may be agreed to by you and us. By requesting such information, you acknowledge and represent to us that you have obtained any required Participant consents or authorizations to release such information and you certify to us that you have the proper documentation and procedures in place for receiving and handling confidential information that comply with any then current applicable law. We will provide access to information only while this Agreement is in effect and for a period of six (6) months after the 2017-12-19 Agenda Packet Page 246 28 Agreement terminates, unless you demonstrate that access to the information beyond this time period is required by law for ERISA Plan purposes. We will also provide reasonable access to information to an entity providing services to you, such as an auditor or other consultant, if you request it. You agree that you will obligate any such third party to comply with applicable law regarding the use of confidential information. Section 6 Indemnification and Insurance 6.1 You Indemnify Us. You will indemnify us and hold us harmless against any and all losses, liabilities, penalties, fines, costs, damages, and expenses, that we incur in connection with this Agreement, including reasonable attorneys’ fees, which arise out of your gross negligence or willful misconduct in the performance of your obligations under this Agreement or your material breach of this Agreement, as determined by a court or other tribunal having jurisdiction of the matter. 6.2 We Indemnify You. We will indemnify you and hold you harmless against any and all losses, liabilities, penalties, fines, costs, damages, and expenses, that you incur in connection with this Agreement, including reasonable attorneys’ fees, which arise out of our gross negligence or willful misconduct in the performance of our obligations under this Agreement or our material breach of this Agreement, as determined by a court or other tribunal having jurisdiction of the matter. 6.3 Insurance. We will maintain the following insurance: a) Professional liability insurance in the minimum amounts of Five Million Dollars ($5,000,000) for any one (1) incident, and Five Million Dollars ($5,000,000) in the aggregate for the policy year; b) Commercial general liability insurance with minimum coverage of not less than One Million Dollars ($1,000,000) per claim for bodily injury and property damage; c) Workers’ compensation insurance coverage for our employees in an amount and form meeting all applicable legal requirements. Section 7 Disputes In the event that any dispute, claim, or controversy of any kind or nature relating to this Agreement arises between the parties, the parties agree to meet and make a good faith effort to resolve the dispute. If the dispute is not resolved within thirty (30) days after the parties first met to discuss it, and either party wishes to pursue the dispute further, that party shall refer the dispute to non-binding mediation under the Commercial Mediation Rules of the American Arbitration Association (“AAA”). In no event may the mediation be initiated more than one year after the date that the aggrieved party had actual notice of the facts giving rise to the dispute. A single mediator engaged in the practice of law, shall conduct the mediation under the then current rules of the AAA. If the dispute involves rights or duties arising under ERISA, the mediator shall also be knowledgeable about ERISA and employee benefit plan administration. The mediation shall be held in a mutually agreeable site. If the parties are not able to resolve their differences through the mediation process within thirty (30) days of referring the matter to the mediator, either party shall be free to pursue all legal and equitable remedies otherwise available to it. Each party shall pay one-half of the mediation fees and 2017-12-19 Agenda Packet Page 247 29 shall bear its own attorney fees; provided, however, that each party shall indemnify the other as provided in Sections 6.1 and 6.2 of this Agreement. Section 8 Term and Termination 8.1 Term. This Agreement shall become effective on the Effective Date and shall remain in effect for an initial period of 12 months (the "Initial Term").After the Initial Term, this Agreement shall automatically renew from year to year for additional twelve (12) month periods ("Subsequent Terms") under the same terms and conditions unless terminated by either party, in accordance with Section 8.2 below, at least thirty (30) days prior to the end of the current Term. Provided, however, that USBHPC reserves the right to change the Monthly Payment Schedule in accordance with Attachment A, and any other term or condition of this Agreement, upon thirty (30) days prior written notice to you. 8.2 Termination of Agreement. This Agreement may be terminated in the manner specified below. You shall promptly mail to each Participant a legible, true copy of any notice of termination of this Agreement, and shall promptly provide USBHPC with proof of such mailing including, but not limited to, the date thereof, in compliance with Section 3.7. Any notice of termination provided in accordance with this Section 8.2 shall become effective as of 12:01 a.m. on the 31st day after such notice is provided to the other party. Benefits hereunder shall terminate for all Participants as of the effective date of termination. a) Upon thirty (30) days written notice to us of your intent not to renew prior to the end of the Term. b) Upon the effective date of termination mutually agreed to by both parties; c) Upon our thirty (30) days written notice that you did not pay the fees or other amounts you owed us under this Agreement; d) Upon thirty (30) days prior written notice that you do not accept a change in the Total Monthly Fees pursuant to the Total Monthly Fee Changes Section in Attachment A; e) Upon thirty (30) days prior written notice by either party that the other party is in material breach of this Agreement, (other than for non-payment or late payment by you of fees owed), if the breaching party does not correct the breach within thirty (30) days after being notified in writing by the other party. 8.3 Termination of a Participant’s Coverage and Reinstatement. You determine the eligibility of all Participants, as set forth in Section 3.2. A Participant’s coverage shall terminate upon your determination that the Participant does not meet the eligibility guidelines set by you. During the term of this Agreement, if a Participant's coverage terminates for any reason, you shall determine if the Participant is eligible for reinstatement. 8.4 Return of Total Monthly Fees for Unexpired Period. In the event of any termination of this Agreement, or of a Participant’s coverage by you, USBHPC shall, within thirty (30) days following such termination, return to you the pro rata portion of any Total Monthly Fee paid to USBHPC that corresponds to any unexpired period for which payment had been made, together with amounts due on claims, if any, less any amounts due to USBHPC from you. This obligation shall not apply in the event of fraud or deception in the use of USBHPC services or facilities, or in the event you permit 2017-12-19 Agenda Packet Page 248 30 such fraud or deception by another. If this Agreement is terminated due to your failure to pay a Total Monthly Fee when due, and a Participant is undergoing treatment for an ongoing condition at the time of such termination, we shall continue to be financially responsible only for those EAP services provided after such termination that had already received prior written certification as Covered Services, and had already commenced, as of the date of such termination. 8.5 Director Review of Termination. Any Participant who in good faith believes that his or her coverage has been terminated or not renewed because of the Participant’s or a Participant’s health status or requirements for health care services may request a review of such termination or non - renewal by the Director of the California Department of Managed Health Care. If the Director determines that a proper complaint exists under Section 1365 of the California Health and Safety Code, the Director will so notify USBHPC. USBHPC shall, within fifteen (15) days after receipt of such notice, either request a hearing or reinstate the Participant. If after the hearing the Director determines that the termination or non-renewal is contrary to applicable law, USBHPC shall reinstate the Participant retroactive to the time of the termination or non-renewal and shall be liable for the expenses incurred by the Participant after such termination or non-renewal for EAP services that would otherwise have received authorization as Covered Services. Section 9 Miscellaneous 9.1 Notices. Unless otherwise specified in this Agreement, any notice or other communication required or permitted under this Agreement shall be in writing. All written notices, including notices of termination provided to Participants in accordance with Section 8.2, shall be deemed to have been delivered when delivered in-person; or if delivered by first-class mail or commercial overnight delivery, on the date mailed, proper postage prepaid and properly addressed to the appropriate party at the address set forth below, or in the case of Participants, to the last address known to the employer. Unless otherwise specified herein, the date a notice is delivered to either party to this Agreement shall be considered the effective date of the notice. To: U.S. Behavioral Health Plan, California 425 Market Street 14th Floor San Francisco, CA 94105-2426 To: City of Chula Vista 276 Fourth Ave. Chula Vista, CA 91910 9.2 Assignment. Except as provided in this paragraph, neither party can assign this Agreement or any rights or obligations under this Agreement to anyone without the other party's written consent, which shall not be unreasonably withheld. Notwithstanding the foregoing, and subject to the Department’s approval, we may assign this Agreement, including all of our rights and obligations, to our affiliates, to an entity controlling, controlled by, or under common control with us, or a purchaser of all or substantially all of our assets, subject to notice to you of the assignment. 9.3 Amendment. Except as may otherwise be set forth in this Agreement, the Agreement may be amended only by both parties agreeing to the amendment in writing, executed by a duly authorized person of each party. Both parties also agree to take such action as is necessary to amend this Agreement from time to time as necessary to comply with applicable federal and state laws and 2017-12-19 Agenda Packet Page 249 31 regulations. You agree to cooperate with and assist us in order for us to meet our obligations under applicable privacy laws and regulations. 9.4 Waiver. Nothing in this Agreement is considered to be waived by you or USBHPC unless the party claiming the waiver receives the waiver in writing. No breach of the Agreement is considered to be waived unless the non-breaching party waives it in writing. The waiver by either party of any breach or violation of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any other breach of this Agreement. 9.5 Governing Law. The validity and interpretation of this Agreement and the rights and obligations of the parties under this Agreement shall be governed by the laws of the State of California. 9.6 Compliance with Applicable Law. USBHPC is subject to the requirements of Chapter 2.2 of Division 2 of the California Health and Safety Code and Division 1, Title 28 of the California Code of Regulations, as well as any successor provisions to any of the foregoing provisions. Any term or condition required by such provisions to be included in the Agreement shall be incorporated into this Agreement by this reference, whether or not specifically provided in this Agreement. 9.7 Participants Bound by This Agreement. By this Agreement, you make coverage under USBHPC’s Employee Assistance Program available to Participants who are eligible and duly enrolled in accordance with the requirements of this Agreement. This Agreement shall be subject to amendment and termination in accordance with the terms of this Agreement without the necessity of either party obtaining the consent or concurrence of any Participant. By electing such coverage or accepting its benefits, all Participants legally capable of contracting, and the legal representatives of all Participants incapable of contracting, agree to be bound by all of the terms and conditions of this Agreement. 9.8 Nondisclosure and Confidentiality. Neither party shall release any information regarding the terms set forth in this Agreement to any person or entity without the prior written consent of the other, except such information as may be necessary to disclose to agents, affiliates, attorneys, accountants, governmental regulatory agencies, or participants in order to carry out the terms of this Agreement, except as otherwise required by applicable law or provisions of this agreement. Both parties shall keep confidential, and shall take the usual precautions to prevent the unauthorized disclosure of any and all records required to be prepared or maintained in accordance with this Agreement. 9.9 USBHPC Policies, Procedures, Rules and Interpretations. USBHPC may adopt reasonable policies, procedures, rules and interpretations to promote the orderly and efficient administration of this Agreement in a manner which is fair, reasonable and consistent with the purposes of the Knox- Keene Health Care Service Plan Act of 1975 as amended. You and all Participants are required to comply with all such policies, procedures, rules, and interpretations. 9.10 Severability. If any clause, sentence, provision, or other portion of this Agreement is, or becomes, illegal, null, void, or unenforceable for any reason, or is held by a court of competent jurisdiction to be so, the remainder of this Agreement shall remain in full force and effect. 9.11 Entire Agreement. This Agreement, with its attachments or Product Schedules or any subsequent addenda, amendments or attachments, constitutes the entire Agreement between the parties governing the subject matter of this Agreement. This Agreement supersedes any prior 2017-12-19 Agenda Packet Page 250 32 written or oral communications or agreements between the parties relating to the subject matter of this Agreement. The headings and titles within this Agreement are for convenience only. 2017-12-19 Agenda Packet Page 251 33 Attachment A Fees 1. Total Monthly Fees: Type of Service Total Monthly Fee Employee Assistance Program: Up to eight (8) Assessment and Referral sessions per Participant per problem per calendar year with a Participating Provider $1.74 per Employee Participating Provider Network Included 2. Total Monthly Fee Due Date and Payments: The first day of a month of coverage hereunder is the “Total Monthly Fee Due Date.” You agree to remit to us on or before the Total Monthly Fee Due Date the applicable Total Monthly Fee set forth immediately above, for each Employee enrolled. If the Total Monthly Fee payment is not made in full by you on or prior to the Total Monthly Fee Due Date, a thirty (30) day grace period shall be granted for payment without interest charge. Any Total Monthly Fee payments, which remain outstanding subsequent to the grace period, shall be subject to a late penalty charge of one percent (1.00%) for each thirty (30) days period or portion thereof which the Total Monthly Fee payment remains outstanding. If this Agreement is terminated for any reason, you shall continue to be held liable for all Total Monthly Fee payments due and unpaid at the time of such termination including, but not limited to, all applicable Total Monthly Fee payments and late penalty charges for any time the Agreement was in force during a grace period. 3. Total Monthly Fee Adjustments: In the event that an Employee is enrolled hereunder on or before the fifteenth (15th) day of a month, you agree to remit to us on or before the next Total Monthly Fee Due Date an additional Total Monthly Fee for such Employee for the month in which the Employee is enrolled. In the event that an Employee is enrolled hereunder after the fifteenth (15th) of the month, no Total Monthly Fee is due. In the event that an Employee is terminated hereunder on or before the fifteenth (15th) day of a month, no Total Monthly Fee is due for such Employee for the month. In the event that an Employee is terminated after the fifteenth (15th) of a month, the Total Monthly Fee is due for such Employee for that month. You may offset any subsequent Total Monthly Fee payment by any amount paid on behalf of an Employee terminated on or before such fifteenth (15th) day. You must identify on the monthly remittance the number of Employees that are being offset for such month. 4. Total Monthly Fee Changes: We may change the Total Monthly Fee at the end of the Initial Term and during any Subsequent Term by giving no less than thirty (30) days prior written notice to you. The Total Monthly Fees shall not be revised more often than one (1) time at the end of the Initial Term or during any Subsequent Term. Notwithstanding the foregoing, if a change in this Agreement is necessitated by a change in applicable law or regulations or in the interpretation of applicable law or regulations by a court of competent jurisdiction or by any governmental body which has authority to regulate either party or the subject matter of this Agreement, and if such change results in an increase of our risk or 2017-12-19 Agenda Packet Page 252 34 expenses under this Agreement, or if there is a material change in the number of your eligible Participants, we may change the Total Monthly Fee at any time upon thirty (30) days prior written notice to you. Any such change shall not be taken into account in determining whether the limit of one (1) change per Initial Term or Subsequent Term has been reached. 2017-12-19 Agenda Packet Page 253 35 Attachment B Products and Services Employee Assistance Program Services Product Schedule 1. Definitions. Community Assistance Resource. A third party public or private facility, service, program, business, occupation or profession that provides services for the personal, educational, emotional or financial cares and concerns of individuals, including by way of example, services relating to education, medicine, mental health, substance abuse, law and finance. DOT: United States Department of Transportation. DOT Regulations: Regulations promulgated by the DOT pursuant to the Omnibus Transportation Employee Testing Act of 1991, and as codified at 49 C.F.R. Part 40. Formal Referral. The term used in regards to a management referral whereby the manager identifiesa performance problem that the Employee must address, and suggests the EAP as a resource that might be helpful in support of this goal. Informal Referral. The term used in regards to a management referral whereby a manager suggests to an Employee that the EAP could be helpful to assist with a personal problem. Mandatory Referral. The term used in regards to a management referral whereby a manager identifies a performance problem and requires that the Employee work with the EAP as a condition of employment retention. 2. Participant Effective Dates of Coverage for EAP Services. Subject to your payment of the applicable Total Monthly Fee, as set forth in Attachment A, coverage for EAP services under this Agreement shall become effective for each Participant on the date specified by you. 3. Access to EAP Services. We will implement a plan to help the Participant resolve the issue prompting the request for EAP services through a joint effort between us and the Participant, which joint effort may include supportive counseling and problem-solving or when we deem appropriate, identifying a Community Assistance Resource for the Participant. 4. Employee Assistance Program ("EAP") Services. We shall provide the Covered Services described under the caption “EAP Benefit Plan Summary” in the Combined Evidence of Coverage and Disclosure Form set forth in attached Attachment C, which is incorporated herein by reference, subject to all Exclusions and Limitations as well as all other terms and conditions in this Agreement. The EAP benefit is available to Members to receive confidential help for a wide range of personal and work-related concerns. We shall provide the following services: (a) Unlimited twenty-four (24) hour toll-free telephone access (b) Telephonic consultation (c) Assessment of Participant’s needs during the Participant’s initial phone call 2017-12-19 Agenda Packet Page 254 36 (d) Up to eight (8) sessions per Participant per problem per calendar year with a Participating Provider (e) Referral to community resources (f) Follow-up (g) Management consultation and support services as a result of Informal Referrals, Formal Referrals and Mandatory Referrals from an Employee’s supervisor or manager 5. Workplace Services (a) Human Resource Consultation. We shall provide consultation and support to your human resource representatives on a variety of workplace concerns related to behavioral health twenty-four (24) hours per day. (b) Benefits Orientations. Upon request, we shall provide manager orientations to introduce our services to your managers upon thirty (30) days’ prior written notice for scheduling purposes. We shall provide one (1) orientation for every five hundred (500) Employees covered under this Agreement. Annual training hours may be used to cover the cost of any additional orientations. (c) United States Department of Transportation (DOT) Services. If your Employees are subject to DOT regulations, we shall provide access to participating “Substance Abuse Professionals” as defined in DOT regulations, who will provide consultation, coordination of services, and assistance in instances where your Employees who work in safety sensitive positions test positive for drugs or alcohol as described in the DOT Regulations. 6. Exclusions and Limitations. “Exclusions and Limitations” means any service specifically listed or described under the caption “Exclusions and Limitations” in the attached Combined Evidence of Coverage and Disclosure Form, Attachment C to this Agreement. 2017-12-19 Agenda Packet Page 255 37 Communication Materials Product Schedule For the duration and subject to the terms of the Agreement, we will provide the following educational and information materials: 1. Educational Materials Written Information. We will provide individual Employees up to four (4) pieces of written information per consultation. 2. Participant Materials We will provide you with one (1) brochure or flyer (including a perforated wallet card) that describes the benefit for every eligible Employee and a mutually agreed upon number of posters. We will also provide you with a sample Manager’s Resource Guide. All materials will include the toll-free telephone access number and the Account number, where appropriate. 2017-12-19 Agenda Packet Page 256 38 Attachment C U.S. BEHAVIORAL HEALTH PLAN, CALIFORNIA (“USBHPC”) EMPLOYEE ASSISTANCE PROGRAM 425 MARKET STREET, 12th FLOOR SAN FRANCISCO, CA 94105 Combined Evidence of Coverage and Disclosure Form Employee Assistance Program (EAP) Effective Date: January 1, 2018 This Combined Evidence of Coverage and Disclosure Form (“EOC”) discloses the terms and conditions of coverage. However, the EOC constitutes only a summary of your Employee Assistance Program. The document entitled "Employee Assistance Program Agreement" must be consulted to determine the exact terms and conditions of your coverage. A specimen copy of the Employee Assistance Program will be furnished upon request. You are automatically enrolled for coverage in this Employee Assistance Program by your employer, however, to the extent that you are not automatically enrolled, you have the right to review this EOC prior to enrollment. If you have special health care needs, read this EOC completely and carefully to determine if this benefit provides coverage for your special needs. 425 Market Street, 12th Floor San Francisco, CA 94105 2017-12-19 Agenda Packet Page 257 39 TABLE OF CONTENTS ARTICLE 1 DEFINITIONS 1.1 Behavioral Health Professional 1.2 Counseling 1.3 Covered Services 1.4 Department 1.5 Dependent 1.6 Employee Assistance Program or "EAP" 1.7 EAP Benefit Plan 1.8 EAP Benefit Plan Summary 1.9 Exclusions and Limitations 1.10 Expedited Review of Grievances 1.11 Grievance Procedure 1.12 Independent Medical Review 1.13 Limited English Proficient (“LEP”) 1.14 Participant 1.15 Participating Provider 1.16 Provider 1.17 Total Monthly Fee(s) ARTICLE 2 EMPLOYEE ASSISTANCE PROGRAM 2.1 How to Access Care 2.2 Range of Service 2.3 Community Resources 2.4 Confidential Services 2.5 Participant Coverage/EAP Benefit Plan Summary 2.6 Exclusions and Limitations 2.7 Choice of Providers 2.8 Prepayment Fees 2.9 Liability of Participant for Payment 2.10 Eligibility and Renewal 2.11 Termination of Coverage 2.12 Reinstatement 2.13 Director Review of Termination 2.14 Compensation of Providers ARTICLE 3 GRIEVANCE PROCEDURES 3.1 Grievance Procedures 3.2 Expedited Review of Grievances 3.3 Request for Voluntary Mediation and DMHC Review of Grievances .. ARTICLE 4 PUBLIC POLICY COMMITTEE EAP PLAN BENEFIT SUMMARY 2017-12-19 Agenda Packet Page 258 40 Article 1 Definitions 1.1 Behavioral Health Professional. A person with a clinical master’s degree in behavioral health that is licensed in his or her field. 1.2 Counseling. A therapeutic clinical process based on face‑to‑face interaction between a Participant and/or a Participant's family and a practitioner and/or other persons with similar clinical conditions for the purpose of identifying the Participant's problems and needs, setting goals and interventions, resolving problems, and promoting new behaviors. 1.3 Covered Services. Employee Assistance Program ("EAP") services that are covered under the terms of the EAP Benefit Plan, as set forth in the EAP Benefit Plan Summary. 1.4 Department. “Department” means the California Department of Managed Health Care. 1.5 Dependent. Your dependent as defined by your employer. If not defined by your employer, dependent shall mean an individual who is a member of your household and who is eligible and enrolled in accordance with all applicable requirements established by your employer. 1.6 Employee Assistance Program or "EAP". Services designed to assist Participants in finding solutions for personal and workplace problems as described in Article 2 of this Combined Evidence of Coverage and Disclosure Form. 1.7 EAP Benefit Plan. The services to which Participants are entitled under this Combined Evidence of Coverage and Disclosure Form, as such document may be amended from time to time. 1.8 EAP Benefit Plan Summary. The Summary of Covered Services, Exclusions and Limitations applicable to the EAP. The Benefit Plan Summary is attached to this Combined Evidence of Coverage and Disclosure Form. 1.9 Exclusions and Limitations. Any service listed or described as excluded in this Combined Evidence of Coverage and Disclosure Form. 1.10 Expedited Review of Grievances. 2017-12-19 Agenda Packet Page 259 41 The written procedures established by USBHPC to resolve Participant grievances involving an imminent and serious threat to the health of the clients, including but not limited to, severe pain, potential loss of life, limb, or major bodily function. These are set forth in Article 3 of this Combined Evidence of Coverage and Disclosure Form. 1.11 Grievance Procedure. The written procedures established by USBHPC to resolve Participant and provider grievances, as set forth in Article 3 of this Combined Evidence of Coverage and Disclosure Form. 1.12 Independent Medical Review. The state regulatory processes available to the Participant in addition to USBHPC’s grievance process to resolve a disputed health care service, as set forth in Article 3 of this Combined Evidence of Coverage and Disclosure Form. 1.13 Limited English Proficient (LEP). A Participant who has an inability or a limited ability to speak, read, write, or understand the English language at a level that permits that individual to interact effectively with health care providers or USBHPC employees. 1.14 Participant. An employee, or a dependent of an employee, who is entitled to benefits or coverage under the terms and conditions of the EAP Benefit Plan. 1.15 Participating Provider. A Provider that has entered into a contract with USBHPC to provide Covered Services to eligible Participants. 1.16 Provider. Any practitioner who or that is qualified and duly licensed or certified by the State of California to furnish EAP services to Participants. 1.17 Total Monthly Fee(s). The fee(s) for Covered Services rendered under the Agreement between us and your employer. Article 2 Employee Assistance Program Your employer or plan administrator has selected USBHPC to provide a benefit called an Employee Assistance Program (EAP). The EAP benefit is available to you and your dependents to receive confidential help for a wide range of personal and work-related concerns. You can receive a referral to a licensed behavioral health professional for a specific number of face-to-face Counseling sessions (as specified in the attached EAP Benefit Plan Summary) covered under your EAP Benefit Plan, and/or receive assistance in identifying appropriate community resources. 2.1 How to Access Care. 2017-12-19 Agenda Packet Page 260 42 Participants can call USBHPC's toll-free number at (866) 248-4094, 24 hours a day, seven days a week. When Participants call USBHPC, Participants will be immediately connected to a skilled Behavioral Health Professional with a clinical master’s degree and at least four years of clinical experience, who will help Participants find the right resource for his or her particular situation. The Behavioral Health Professional may request some general information beginning with the Participant’s name, social security number, employer, home and work telephone numbers, home address, date of birth, as well as a brief description of the Participant’s reason for seeking assistance. The Behavioral Health Professional will work with the Participant to identify a licensed professional who best meets the Participant’s needs, e.g. close to the Participant’s work or home, who can help the Participant sort through his or her concerns and make next step decisions in treating the issues he or she has described, and who is part of USBHPC's network of Participating Providers. Special needs will be addressed. For Participants with limited English proficiency (“LEP”), USBHPC will provide language assistance services to ensure that LEP Participants are able to communicate effectively with USBHPC personnel in their preferred spoken language, are able to obtain written communication from USBHPC in a threshold language, and are able to either be referred to Participating Providers who have attested to fluency in the LEP Participant’s own language or be provided with interpretation services at the Counseling session. Language assistance services will be provided at no cost to the LEP Participant. 2.2 Range of Services. USBHPC offers a full range of assessment and referral services to Participants through the EAP. These include individual, couple, and family assessments for most types of personal problems including: - Single Parenting - Unresolved Grief - Eating Disorders - Marital Problems - Dual Careers - Sexual Problems - Anxiety - Retirement Concerns - Depression - Career Change - Parent‑child Conflict - Financial/Legal Concerns - Job "Burnout" - Physical Abuse - Work Related Problems - Alcohol or Drug Problems - Life Transition - Problems of Adolescence - Aging Parents - Stress - Death & Dying - Compulsive Gambling 2.3 Community Resources. Eligible Participants can also receive a referral through the EAP to services offered by the community and other local resources such as: a) Dependent care and related referral services, including resources for childcare, as well as for elderly or disabled Participants; b) Legal consultation, including a free consultation with an attorney and a follow-up referral to a conveniently located attorney at a discounted fee; 2017-12-19 Agenda Packet Page 261 43 c) Financial consultation, ranging from individual sessions focusing on personal finances, to seminars covering such issues as saving for college and retirement planning; and d) Self-help groups. 2.4 Confidential Services. USBHPC believes that maintaining the confidentiality of EAP services is a fundamental right to which everyone is entitled. All records, including medical information, referrals and evaluations, are kept confidential in accordance with federal and state laws. USBHPC does not disclose private information to anyone without explicit written instructions from the Participant or as requested by the noncovered custodial parent of a child, except within federal and state guidelines, which require that information be released. Participants, who are adult patients, have the right to inspect their medical records and provide USBHPC, in writing, with corrections to any item or statement that the Participant believes to be incomplete or incorrect in their medical records. a) Corrections for each incomplete or incorrect item in the Participant’s record are limited to two hundred and fifty (250) words. b) The Participant must also clearly state in writing that the Participant wishes his or her written corrections to be made part of his or her record. c) USBHPC will attach the Participant’s corrections to the Participant’s records and include such corrections whenever USBHPC makes a disclosure of the incomplete or incorrect portion of a Participant’s records to any third party. A STATEMENT DESCRIBING USBHPC'S POLICIES AND PROCEDURES FOR PRESERVING THE CONFIDENTIALITY OF MEDICAL RECORDS IS AVAILABLE AND WILL BE FURNISHED TO PARTICIPANTS UPON REQUEST. 2.5 Participant Coverage/EAP Benefit Plan Summary. The EAP offers coverage for up to eight (8) Counseling visits/sessions per Participant per problem per calendar year at no charge to you. All visits must be precertified by a USBHPC Behavioral Health Professional and provided by a Participating Provider to ensure coverage under the EAP Benefit Plan. 2.6 Exclusions and Limitations. No payment will be made by USBHPC for any of the following: a) Physician services, including services from a psychiatrist b) Hospital services (inpatient and outpatient services) c) Diagnostic laboratory and diagnostic and therapeutic radiological services d) Home health services e) Emergency health care services 2017-12-19 Agenda Packet Page 262 44 f) Drugs and medications 2.7 Choice of Providers. Each Participant who requests that Covered Services be provided will be assigned by USBHPC to a Participating Provider who will coordinate the Covered Services to be received by the Participant from that Participating Provider. If a Participant desires to change his or her assignment to a particular Participating Provider, the Participant should inform USBHPC. USBHPC will consider all such requests, but will have sole discretion to determine whether the Participant will be assigned to another Participating Provider or permitted to obtain Covered Services from a provider other than a provider that has been arranged by USBHPC. If your Participating Provider is terminated by USBHPC from the Participating Provider network, you may request that USBHPC arrange for the continuation of Covered Services for up to ninety (90) days from the Participating Provider’s date of termination. Continuation of Covered Services will allow appropriate time for you to transition to another Participating Provider. Continuation of Covered Services is subject to the eight (8) Counseling session maximum per problem each calendar year in accordance with the EAP Benefit Plan Summary and only applies if you have an acute condition, serious chronic condition or are pregnant. 2.8 Prepayment Fees. The employer prepays all applicable monthly fees for coverage under the EAP. EAP benefits are available at no charge to Participants. 2.9 Liability of Participant for Payment. If a Participant chooses to obtain EAP services from a provider other than a Participating Provider that has been arranged by USBHPC, the Participant will be liable for payment for such services, even if the services would otherwise have qualified as Covered Services, unless USBHPC gives prior written authorization for the receipt of such services by the Participant from such provider. No loss of benefits shall ensue to Participants who change from one Participating Provider to another Participating Provider with USBHPC’s approval. 2.10 Eligibility and Renewal. To be eligible to enroll for the EAP, Participants must meet the eligibility requirements established by the employer in accordance with the contract between the employer and USBHPC (the "Employee Assistance Program Agreement"). The Employee Assistance Program Agreement is available for review upon request. Each Participant becomes eligible for coverage upon the employer's payment of a Total Monthly Fee paid on behalf of the Participant. After the initial term of the Employee Assistance Program Agreement, coverage will automatically renew for twelve (12)-month terms unless canceled. 2.11 Termination of Coverage. Your coverage will terminate upon your employer’s determination that you do not meet the eligibility requirements established by your employer, or if the Employee Assistance Program Agreement terminates for any reason, including if your employer has failed to pay the Total Monthly Fee. USBHPC may terminate the Employee Assistance Program Agreement if your employer has failed to pay the Total Monthly Fee when it is due and USBHPC has notified and billed your employer for 2017-12-19 Agenda Packet Page 263 45 such Total Monthly Fee. If your coverage terminates, or if the Agreement is terminated due to your employer's failure to pay the Total Monthly Fee when due, and you are undergoing treatment for an ongoing condition at the time of such termination, we shall continue to be financially responsible only for those EAP services provided after such termination that had already received prior written certification as Covered Services, and had already commenced, as of the date of such termination. Your employer will provide you with written notice if your employer and USBHPC mutually agree to terminate the Employee Assistance Program Agreement, or if the Agreement is terminated for other reasons. 2.12 Reinstatement. While the Employee Assistance Program Agreement is in effect, the employer determines the eligibility of all Participants, including reinstatement if a Participant's coverage has terminated for any reason. 2.13 Director Review of Termination. Any Participant, who in good faith believes that his or her coverage was terminated or not renewed because of the Participant's health status or requirements for health care services, may request a review of the termination or non-renewal by the California Department of Managed Health Care. If the Director determines that a proper complaint exists under Section 1365 of the California Health and Safety Code, the Director will notify USBHPC of that fact. USBHPC must, within fifteen (15) days after receipt of the notice, either request a hearing or reinstate the Participant. If, based on the hearing, the Director determines that the termination or non-renewal is contrary to applicable law, the Participant must be reinstated retroactive to the time of the termination or non-renewal. Under such circumstances, USBHPC would be liable for the expenses incurred by the Participant after the termination or non-renewal for EAP services that would otherwise have received certification as Covered Services. 2.14 Compensation of Providers. USBHPC will be responsible for compensating Participating Providers for Covered Services provided to Participants in accordance with the requirements of any contract between USBHPC and the provider. Participating Providers bill USBHPC directly for services rendered. All contracts between USBHPC and Participating Providers require that, in the event USBHPC fails to pay the Participating Provider for Covered Services for which USBHPC is financially responsible, no Participant will be liable to the Participating Provider for such non-payment. Article 3 Grievance Procedures 3.1 Grievance Procedures. Every Participant has the right to communicate a complaint to USBHPC either by telephone at 800- 999-9585, or in writing to the: Grievance & Appeals Department U.S Behavioral Health Plan, California 425 Market Street, P.O. Box 2839 San Francisco, CA 94126 2017-12-19 Agenda Packet Page 264 46 Or by facsimile at 1-800-984-7584; Or at the USBHPC Web site: www.liveandworkwell.com A complaint must be communicated in the method stated above within 180 calendar days of the initial non-authorization or the event giving rise to the complaint. An exception to the one hundred and eighty (180) calendar day filing requirement can be made by the Complaint Coordinator on the basis of either a telephone call or written request by the complainant which reasonably explains their inability to meet the filing deadline (e.g. Participant seeking a second opinion or a medical condition precluded Participant from making complaint). USBHPC will provide the Participant with written acknowledgment within five (5) calendar days of such receipt of the complaint, including the date received, the name, telephone number and address of a representative of USBHPC who may be contacted regarding the status of the complaint. USBHPC will investigate the complaint and resolve it. All complaints by Participants concerning the adequacy or competency of clinical services will be immediately referred to the USBHPC Medical Director. A Participant will receive written notification of the resolution of his or her complaint within thirty (30) calendar days of USBHPC’s receipt of the complaint. USBHPC will supply the Participant with its Grievance Procedure and complaint forms upon request. The limited English proficient (“LEP”) Participant has the right to free language assistance services. If requested by the LEP Participant, USBHPC provides assistance in the filing of any complaint including assisting the LEP Participant with access to an interpreter. Complaint acknowledgment and resolution letters are sent in English with a notice informing Participants of the availability of free language assistance services. These services include oral interpretation and, for grievance documents, translation services in the most frequently spoken languages. 3.2 Expedited Review of Grievances. For Participant grievances involving an imminent and serious threat to the health of the Participant, including but not limited to, severe pain, potential loss of life, limb, or major bodily function, USBHPC shall immediately inform the Participant, in writing, of the Participant's right to notify the Department and provide the Participant and the Department with a written statement on the disposition or pending status of the grievance no later than three (3) calendar days from receipt of the grievance. 3.3 Request for Voluntary Mediation and DMHC Review of Grievances. In addition to your other rights set forth in Article 3, you, or an agent acting on your behalf, may request voluntary mediation with USBHPC prior to exercising your right to submit a grievance to the Department of Managed Health Care. The use of mediation services shall not preclude your right to submit a grievance to the Department upon completion of mediation. In order to initiate mediation, you, or the agent acting on your behalf, and USBHPC shall voluntarily agree to mediation. Expenses for mediation shall be borne equally by both sides. The Department shall have no administrative or enforcement responsibilities in connection with the voluntary mediation. The California Department of Managed Health Care is responsible for regulating health care service plans. If you have a grievance against your health plan, you should first telephone your health plan at (800-999-9585) and use your health plan’s grievance process before contacting the Department. Utilizing this grievance procedure does not prohibit any potential 2017-12-19 Agenda Packet Page 265 47 legal rights or remedies that may be available to you. If you need help with a grievance involving an emergency, a grievance that has not been satisfactorily resolved by your health plan, or a grievance that has remained unresolved for more than 30 days, you may call the Department for assistance. You may also be eligible for an Independent Medical Review (IMR). If you are eligible for IMR, the IMR process will provide an impartial review of medical decisions made by USBHPC related to the medical necessity of a proposed service or treatment, coverage decisions for treatments that are experimental or investigational in nature and payment disputes for emergency or urgent medical services. The Department also has a toll-free telephone number (1-888-HMO-2219) and a TDD line (1-877-688-9891) for the hearing and speech impaired. The Department's Internet Web site http://www.hmohelp.ca.gov has complaint forms, IMR application forms and instructions online. Article 4 Public Policy Committee USBHPC has established a Public Policy Committee, which participates in establishing public policy for USBHPC's EAP including, but not limited to, the comfort, dignity and convenience of Participants. For more information about the Public Policy Committee and Participant participation, interested parties may write to the Chair of the Public Policy Committee at 3111 Camino del Rio North, Suite 800, San Diego California, 92108, Attention: Compliance Department. 2017-12-19 Agenda Packet Page 266 48 U.S. BEHAVIORAL HEALTH PLAN, CALIFORNIA EAP BENEFIT PLAN SUMMARY Employee Assistance Program - Up to eight (8) Visits COVERED SERVICES BENEFITS EAP Visits 1-8, $0 Copayment Up to eight (8) Visits per Participant per problem per calendar year Exclusions and Limitations No payment will be made by us for: 1. Physician services, including services from a psychiatrist 2. Hospital services (inpatient and outpatient services) 3. Diagnostic laboratory and diagnostic and therapeutic radiological services 4. Home health services 5. Emergency health care services 6. Drugs and medications ALL SERVICES MUST BE PRE-CERTIFIED AND PROVIDED BY USBHPC PARTICIPATING PROVIDERS 2017-12-19 Agenda Packet Page 267 City of Chula Vista Staff Report File#:17-0518, Item#: 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PURCHASE OF VARIOUS NETWORKING HARDWARE AND SOFTWARE EQUIPMENT FROM NIC PARTNERS UTILIZING NASPO VALUEPOINT CONTRACT AR-233 (14-19) PA# 7-14-70-04; AND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH NIC PARTNERS UTILIZING CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) CONTRACT # 3-10-70-2473L FOR PROFESSIONAL SERVICES RECOMMENDED ACTION Council adopt the resolution. SUMMARY The City of Chula Vista’s network infrastructure is inadequate to support the current computing environment, as well as future networking needs as will be required for our Smart Cities endeavors. This project will implement a high availability, secure and robust/scalable network to meet the City’s network infrastructure needs for at least the next five to eight years. ENVIRONMENTAL REVIEW Environmental Notice The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines. Environmental Determination The Director of Development Services 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 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines. Thus, no further environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION As the City of Chula Vista moves forward with ambitious technology goals for citizen engagement, increasing productivity and improving the general quality of life for its citizens, the City must ensure that the core network infrastructure is able to support the various technological enhancements which are either being implemented or contemplated for implementation. The current network infrastructure is outdated and not able to meet the rapidly growing technological needs of the City. The City’s network is the backbone for all the technology we deploy throughout the City which enables our hard-working staff to increase productivity through the use of a variety of software platforms which increases employees’ abilities to meet growing work demands. The network is also City of Chula Vista Printed on 12/14/2017Page 1 of 6 powered by Legistar™2017-12-19 Agenda Packet Page 268 File#:17-0518, Item#: 7. platforms which increases employees’ abilities to meet growing work demands. The network is also instrumental in allowing citizens and business owners to take advantage of a multitude of on-line business services. A poorly performing network not only causes disruptions in how our employees do their job, but can also inhibit our ability to deploy new technology initiatives which ultimately are there to improve the quality of life for our residents. The City’s Information and Technology Services Department recently had a comprehensive study completed on our network infrastructure which was conducted by NIC Partners. The study showed that the current network equipment in use by the City is in need of replacement. A majority of the network routers and switches have reached “end of sale” status (those particular pieces of network equipment can no longer be purchased) and 20% of the equipment is beyond “last day of support” status. When equipment is in “end of sale” status, there are no available fixes for new security vulnerabilities. At “last day of support” status, we can no longer contact CISCO (our network equipment manufacturer) for support on that equipment. Below is a graphic detailing the state of our network equipment: In the table above, Yellow indicates equipment that has reached “Last Day of Sale” or “End of Sale” status, Orange indicates “End of Engineering” or “End of Service Contract Renewal” (meaning CISCO will not renew service contracts on equipment), and Red indicates “Last Day of Support” status. The study also showed that the overall network design and implementation does not offer any redundancy or segmentation. These are two important design considerations for complex networks such as ours. What this means is that if any one component fails within the network, there is a high probability that large portions of the network, or the entire network will go offline. Modern networks offer redundancy which allows for failover should a major piece of networking equipment such as a router becomes disabled. Redundancy also allows for load balancing; meaning instead of all theCity of Chula Vista Printed on 12/14/2017Page 2 of 6 powered by Legistar™2017-12-19 Agenda Packet Page 269 File#:17-0518, Item#: 7. router becomes disabled. Redundancy also allows for load balancing; meaning instead of all the City’s data traffic flowing through one main router (current configuration), moth main routers will share the data load. This would also include a secondary internet connection with an alternative Internet Service Provider. If one internet connection goes down, the second internet connection would take over. Network segmentation in computer networking is the act of splitting a computer network into subnetworks, each being a separate network segment. Advantages of such splitting are primarily for boosting performance and improving security. The report also detailed significant security vulnerabilities due to the age of the network equipment and the fact that 20% of the network equipment is beyond the “Last Day of Support” status. In order to address these serious network issues, the Information and Technology Services Department (ITS) began researching for a suitable network infrastructure replacement. The ITS Department researched several competing network equipment providers and none of the other providers offered the state of the art network equipment/software combination which will thoroughly modernize and upgrade our network and propel the City forward with our Smart Cities goals. ITS currently utilizes CISCO networking equipment and we’re very satisfied with the overall quality and stability of their networking equipment. CISCO is the clear market leader in network switching which brings with it a large support base in which ITS staff can readily access technology information (both formally through CISCO support and related 3 rd party vendors, and also via internet technology forums). Additionally, ITS staff is well versed in programming CISCO routers and switches which will enable a smooth transition to the new networking equipment. Purchasing Considerations There are significant project enhancements which were negotiated with both CISCO and NIC Partners which in total will save the City approximately $915,000 on the entire project. This includes a “Golden Mile” project in which CISCO will provide state of the art iOT (Internet of Things) sensors for the City to begin testing various sensor platforms in order to help with our decision-making framework for our Smart Cities endeavors. These project enhancements require awarding contracts prior to the end of December to meet negotiated terms. The most pressing of these project enhancements is the waiving of CISCO SmartNet licensing and maintenance fee’s totaling approximately $600,000. SmartNet licensing and maintenance is required in order for City staff to be able to contact CISCO technical support as well as to maintain access to critical software and security updates to the networking equipment. Without these updates, the City’s network would be vulnerable to the ever increasing and serious threat of ransomware attacks, virus’s and security breaches. Staff is seeking to award contracts for this project utilizing various competitively bid contracts. Municipal Code § 2.56.140 allows the City to purchase supplies, equipment, and services utilizing cooperatively bid contracts. The ITS Department, has identified two competitively bid contracts which meet the requirements of Municipal Code § 2.56.140. City staff is recommending utilizing these contract vehicles due to the short time-frame required to take advantage of significant project enhancements for the network replacement project. Conducting a lengthy Request for Proposal (RFP) process will not be possible given the end-of-December deadline to take advantage of the project enhancements. CISCO has stated that the SmartNet fee waiver or City of Chula Vista Printed on 12/14/2017Page 3 of 6 powered by Legistar™2017-12-19 Agenda Packet Page 270 File#:17-0518, Item#: 7. advantage of the project enhancements. CISCO has stated that the SmartNet fee waiver or Golden-Mile project enhancements would not be available after December. Therefore, a lengthy RFP would not likely result in the same significant savings as has been negotiated. In accordance with Section 2.56.140, the City’s Purchasing Agent has determined that the competitive processes used in connection with these cooperative agreements were consistent with good purchasing practices. The network equipment and software for the network overhaul will be purchased via a competitively bid contract from NASPO ValuePoint. NASPO ValuePoint is the nation’s largest public cooperative contracting organization. All of the cooperative contracts are led by one of the 50 states on behalf of the other states. ValuePoint is a non-profit subsidiary of the National Association of State Procurement Officials to provide states, local governments, public educational entities, etc. with best value contracts to support their important missions. The Professional Services (configuration, testing, installation of the network equipment, and 5-year service agreement) contract will be purchased via a California Multiple Award Schedule (CMAS) contract vehicle. CMAS offers a wide variety of commodities, non-IT services and information technology products and services at prices which have been assessed to be fair, reasonable and competitive. Since the total value of this contract is $3,498,399, Chula Vista Municipal Code §2.56.140 requires that any “contract, agreement, or arrangement exceeds $2,000,000, then City Council approval is required.” In order to purchase the network equipment/software, the City is required to utilize a third-party vendor since CISCO does not do direct sales. City ITS staff has extensive experience working with NIC Partners and they have done a significant amount of work analyzing our current network and helping chart our networking needs into the future. They have intimate knowledge of our network configuration and have provided the City an updated network design which will meet our current and future needs for network reliability and security. NIC Partners is a certified CISCO GOLD Partner, which is the highest level of CISCO partner certification available. There are only 24 CISCO GOLD partners in the State of California. CISCO has highly recommended that the City partner with NIC Partners given their extensive experience dealing with government agencies. ITS staff is seeking approval to utilize NIC Partners for the purchase of, as well as configure, test, install the new networking equipment and provide 5-years of network maintenance and technical support to the City. The Professional Services agreement with NIC Partners will allow ITS Department staff to utilize NIC Partners’ vast experience with CISCO networking equipment to assist with critical troubleshooting and repair of the network. They also provide enhanced network monitoring and software/security patch installations which will significantly assist the ITS Department in maintaining a healthy network. Because of the size and complexity of our network, the ITS Department simply does not have the appropriate number of qualified staff to devote to maintaining a network of this complexity. The value of having this agreement would be the equivalent of at least two full-time network engineers on staff at a fraction of the cost. The amount budgeted for this project was set at $2,000,000 based upon initial estimates (Citywide Network Replacement project GGV0236). However, after further study of the network issues and looking at the long-term goals of this project, including the Telecommunications Replacement project, staff decided that enhancements were needed to the networking equipment which pushed the project costs beyond the $2,000,000 initial estimate. Because the network replacement project is critical to the operation of the telecommunications replacement project, staff will also be utilizing $1,498,399 City of Chula Vista Printed on 12/14/2017Page 4 of 6 powered by Legistar™2017-12-19 Agenda Packet Page 271 File#:17-0518, Item#: 7. the operation of the telecommunications replacement project, staff will also be utilizing $1,498,399 from the GGV0237 - Citywide Telecommunications project to cover all the necessary costs for this project. The Telecommunications project relies upon a stable, secure and Voice Over IP (VOIP) ready network. The network replacement project will provide the technological foundation for the Telecommunications project. Without a VOIP ready network, the City would require additional network upgrades farther down the line in order to accommodate a new phone system. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The network replacement project positively affects all five strategic goals in that all departments and our citizens rely on a reliable and secure network to conduct City business. CURRENT YEAR FISCAL IMPACT There will be no impact to the General Fund for this project. Funds have been allocated from the Measure P tax initiative for this project. The total cost for the entire project is $3,498,398.97. As noted in the discussion section of this report, the City was able to negotiate approximately $915,000 in savings on the entire project. The table below details the costs associated with this project. City of Chula Vista Printed on 12/14/2017Page 5 of 6 powered by Legistar™2017-12-19 Agenda Packet Page 272 File#:17-0518, Item#: 7. Staff will be utilizing funds from the Citywide Network Replacement Project (GGV0236) as well as funds from the Citywide Telecommunications project (GGV0237) to cover the costs needed to complete the network project which will also prepare the network for a new Telecommunications (phone) system. ONGOING FISCAL IMPACT For the next five years, CISCO has waived both their SMARTnet and SMARTnet-SWSS maintenance fees (value of approximately $600,000). The Measure P tax initiative funding will cover five years of Professional Services by NIC Partners (which also had one free year included in the overall price). Beyond five years, the City will need to identify funding for future network upgrades as our network will undergo further fundamental changes as a result of our various technology initiatives, Smart City initiatives, and changes in network technology. ATTACHMENTS 1. Resolution 2. 28522-9759000-CC PRO SERVICES - CMAS 3. 28523-9759000-CC CITY HALL - SECURITY-SPARES-ECT.NASPO 4. 28524-9759000-CC POLICE-PUBLICWORKS-LCDC-ETC.NASPO 5. CMAS Labor Contract 3-10-70-2473L Full Exp 11.30.19 6. CITY OF CHULA VISTA - TECHNOLOGY REFRESH SOW 12.06.17 7. Managed Services Agreement 8. CISCO_NASPO Master Agreement 9. NASPO California Addendum 10.NASPO Amendment Staff Contact: Edward Chew, Director of Information and Technology Services City of Chula Vista Printed on 12/14/2017Page 6 of 6 powered by Legistar™2017-12-19 Agenda Packet Page 273 COUNCIL RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PURCHASE OF VARIOUS NETWORKING HARDWARE AND SOFTWARE EQUIPMENT FROM NIC PARTNERS UTILIZING NASPO VALUEPOINT CONTRACT AR-233 (14-19) PA# 7-14-70-04; AND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH NIC PARTNERS UTILIZING CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) CONTRACT # 3-10-70-2473L FOR PROFESSIONAL SERVICES WHEREAS, the City recently had a comprehensive study completed regarding the City’s network infrastructure; and WHEREAS, the comprehensive network study showed that the City of Chula Vista’s network is in need of a major upgrade in order to provide network stability, security and capability to handle our current and future technology needs; and WHEREAS, the City has decided to purchase all new CISCO network equipment which includes state of the art networking software and security features; and WHEREAS, the City wishes to purchase various networking hardware and software equipment from NIC Partners, a CISCO Gold partner, who will provide installation/configuration/testing and enhanced network maintenance and troubleshooting/repair services: and WHEREAS, the City will be utilizing a competitively bid contract for network equipment and software with NIC Partners via the NASPO VALUEPOINT Contract AR-233 (14-19) PA#7- 14-70-04; and WHERAS, the City will be utilizing a competitively bid contract for Professional Services for the configuration, testing, installation of network equipment and 5-year technical support and network maintenance with NIC Partners via CMAS contract # 3-10-70-2473L. WHEREAS, in accordance with Chula Vista Municipal Code Section 2.56.140, the City’s Purchasing Agent has determined that the competitive processes used in connection with both of these cooperative agreements were consistent with good purchasing practices. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it authorizes the purchase of various networking hardware equipment and software from NIC Partners utilizing NASPO VALUEPOINT contract AR-233 (14-19) PA#7-14-70-04; approves a Professional Services contract with NIC Partners utilizing CMAS contract # 3-10-70- 2473L and authorizes and directs the Mayor, or the City Manager, to execute the agreements with NIC Partners in the forms presented, with such minor modifications as the City Attorney may require or approve, copies of which are on file in the office of the City Clerk. 2017-12-19 Agenda Packet Page 274 Resolution No. _________ Page 2 Presented by Edward Chew Director of Information Technology Approved as to form by Glen R. Googins City Attorney Services 2017-12-19 Agenda Packet Page 275 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28522 MATTHEW ROBBART SCOPE OF WORK: CMAS C ontract # 3-10-70-2473L (Engineering Labor) Pre-configuration Preparation of hardware and software in a lab environment prior to deployment $37,224.15 Deployment Installation of hardware and software $236,776.66 Configuration Technical adjustments to deployed equipment $41,077.90 5 Year Support Services Network monitoring, testing, reporting and break/fix $0.00 Project Management PMO department coordination of deliverables and milestones $105,057.15 Total 420,135.86 PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE Chula Vista, City of-Comprehensive Tech Refresh - Professional Services TITLE: Non-Taxable Material:$0.00 $420,135.86TOTAL: Printed: 12/07/17 Date: $0.00 Page 1 of 1 Name: By: Authorized Signature By signing this proposal, your acknowledge that you are authorized to enter into a binding agreement on behalf of your company/organization, and (unless governed by public sector purchasing contract/agreement) you agree to the terms and conditions below. Taxable Material: Service/Maintenance:$0.00 Shipping:$0.00 Other Services:$0.00 Labor:$420,135.86 Tax:$0.00 (619)-691-5013(619)-691-5031 2017-12-19 Agenda Packet Page 276 PAYMENT TERMS: Invoices shall be submitted twice a month, normally on the first and fifteenth. Bills are due and payable when submitted. A late payment charge of 1-1/2% per month (18% annually) may be applied to amounts outstanding ten days (10) days after the date of the statement. EQUIPMENT PAYMENT TERMS: Established accounts, Educational Institutions and Government Agencies are net 30 days. All others are payment in full prior to shipping. Customer agrees to pay finance charge on all over due balances. INTEREST: If payment is not received by NIC PARTNERS within 30 calendar days of the invoice date, the Customer shall pay as interest an additional charge of one-and-one-half (1.5) percent (or the maximum allowable by law, whichever is lower) of the PAST DUE amount per month. Payment hereafter shall first be applied to accrued interest and then to the unpaid principal. TAXES: Prices shown may not include all sales or other taxes imposed on the sale of goods and services. Taxes now or here after imposed upon sales or shipments shall be added to the purchase price. Buyer agrees to reimburse Seller for any such tax or provide Seller with acceptable tax exemption. COLLECTION COSTS: In the event legal action is necessary to enforce the payment provisions of this Agreement, NIC PARTNERS shall be entitled to collect from the Customer any judgment or settlement sums due, reasonable attorneys' fees, court costs and expenses incurred by NIC PARTNERS in connection therewith and, in addition, the reasonable value of NIC PARTNERS time and expenses spent in connection with such collection action, computed at NIC PARTNERS prevailing fee schedule and expense policies. SUSPENSION OF SERVICES: If the Customer fails to make payments when due or otherwise is in breach of this Agreement, NIC PARTNERS may suspend performance of services upon five (5) calendar days' notice to the Customer. NIC PARTNERS shall have no liability whatsoever to the Customer for any costs or damages as a result of such suspension caused by any breach of this Agreement by the Customer. TERMINATION OF SERVICES: If the Customer fails to make payment to NIC PARTNERS in accordance with the payment terms herein, this shall constitute a material breach of this agreement and shall be cause for termination by NIC PARTNERS. SET-OFFS, BACKCHARGES, DISCOUNTS: Payment of invoices is in no case subject to unilateral discounting or set-offs by the Customer, and payment is due regardless of suspension or termination of this Agreement by either party. INDEMNITY AND INSURANCE: Each party shall be responsible for and hold the other party harmless from any loss sustained by such party relating to death, bodily injury, or damage to tangible physical property which is caused by the negligent acts or omissions of the party's agents or employees. NIC PARTNERS shall obtain and keep in force at all times liability insurance coverage for bodily injury, death, and property damage in an amount not less than One Million Dollars ($1,000,000.00) BOND: Costs of Performance and Payment bond is not included. If required, NIC PARTNERS shall furnish Customer, in a form satisfactory to Customer, full and duly executed Performance and Payment Bonds, underwritten by a surety or sureties satisfactory to the Customer, in the full amount of this Agreement. Cost of such bonds to be paid directly by Customer. ARBITRATION: All claims, disputes, and other matters in question arising out of, or relating to, this Contract or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Notice of the demand for arbitration shall be filed in writing with the other party and with the American Arbitration Association. The demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen, but in no event shall it be made after substantial completion of the project for which this Contract is awarded. LIABILITY: NIC PARTNERS shall not, in any event be liable to customer for incidental or consequential damages, including without limitation, lost business, profit or unavailability of all or part of the system. The pricing granted elsewhere in this agreement is based upon and is in partial consideration for this limitation on remedies. WARRANTY (Limited): NIC PARTNERS warrants the products installed under this agreement against defects in material and workmanship from a period of one year from project completion. NIC PARTNERS shall repair or replace defective product during the warranty period with new or like new parts. Returned product becomes the property of NIC PARTNERS when replaced. This warranty is void if installed product is abused, misused or altered. This warranty is exclusive and is Customer's only remedy. Without limiting the generality of the foregoing limitations and disclaimers, while the system is not designed, sold, or intended to be used to detect, intercept, transmit or record oral or other communications of any kind, NIC PARTNERS cannot control how the system and its components are used and, accordingly, NIC PARTNERS does not warrant or represent, expressly or implicitly, that use of the software, licensed materials derived there from will comply and conform to the requirements of Federal, State and or Local statutes, ordinances and laws, or that the use of the system will not violate the privacy rights of the third parties. You shall be solely responsible for using the system you the system in full compliance with applicable law and the rights of third persons. Further, regardless of any prior statements, representations, or course of dealings by any NIC PARTNERS representatives, NIC PARTNERS does not warrant or represent, expressly or implicitly, that the software, licensed materials, or use of any of the same will: result in the prevention of crime or hostile enemy action, apprehension or conviction of any perpetrator of any crime, military prosecution of any enemy force, or detection or neutralization of any criminal, combatant or threat; prevent any loss, death, injury, or damage to property due to the discharge of a firearm or other weapon; in all cases detect and plot the location of all firearm discharges within the designated coverage area; the supplied network will remain in operation at all times or under all conditions. Any and all warranties, express or implied, of fitness for high risk purposes requiring fail-safe performance are hereby expressly disclaimed. You and NIC PARTNERS each acknowledge and agree that the software, license materials, and the system are not consumer goods, and are not intended for sale to or use by or for personal, family or household use. OWNERSHIP: NIC Partners shall retain ownership of all materials supplied until the customer takes possession of the materials at their facilities. Upon receipt the customer assumes the risks and ownership of all materials. NIC Partners has the right to restore ownership of the materials to NIC Partners if the customer fails to pay for the materials under the terms of the contract. Once ownership has been restored to NIC Partners due to non-payment, NIC Partners may retrieve from the Customer's premises any material supplied where payment has not been tendered. The Uniform Commercial Code of California shall govern this sale and this order shall not be assignable, but shall bind the representative and successors of the parties and their benefits. LIENS: Seller may file a lien within 90 days after furnishing labor, materials, or services to a project as long as preliminary lien notice is sent to Buyer under the provisions of the Construction Lien Law of the state where services are rendered. The lien notice is no way intended to reflect the financial stability of the Buyer, but simply advises the Buyer of Seller's rights to file the lien if required. RETURNS: Credit may be allowed for goods returned with prior approval. A deduction may be made from credits issued to cover the cost of handling and restocking charges. DELAYS: Seller is not responsible for delays in delivery or installation occasioned by acts of God or other circumstances over which the Seller has no control. MISCELLANEOUS: This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, representations, and agreements. This Agreement may be modified only by a written agreement signed by the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be construed under the laws of the state where services are rendered, excluding rules regarding conflicts of law STANDARD TERMS & CONDITIONS 2017-12-19 Agenda Packet Page 277 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28523 MATTHEW ROBBART NASPO ValuePoint AR-233 (14-19) PA# 7-14-70-04 “The GSPD 401IT – General Provisions – Information Technology Statement of Work terms apply to all orders and supersedes the corresponding Sections of the GSPF40IT terms. Authorized purchasers issuance of purchase order(s) is deemed acceptance of these Statement of Work Terms.” Please refer to the attached Statement of Work "City of Chula Vista - Technology Refresh" *** Fulfillment Only *** SCOPE OF WORK: PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - City Hall/Security/Spares/Cables/Learning Credits/GoldMile TITLE: NASPO ValuePoint AR-233 (14-19) PA# 7-14-70-04 City Hall - Core 2.00Catalyst 9500 40-port 10Gig switch, Network Advantage $32,110.00$16,055.0000C9500-40X-A 10.00SNTC-8X5XNBD Catalyst 9500 40-port 10Gig switch, Netw 60 Month Service Duration $0.00$0.0000CON-SNT-C95004XA 2.00C9500 Network Stack, Advantage $0.00$0.0000C9500-NW-A 2.00Cisco Catalyst 9500 2 x 40GE Network Module $5,330.00$2,665.0000C9500-NM-2Q 2.00CAT9500 Universal image $0.00$0.0000S9500UK9-166 2.00950W AC Config 4 Power Supply front to back cooling $2,730.00$1,365.0000PWR-C4-950WAC-R 2.00950W AC Config 4 Power Supply front to back cooling $2,730.00$1,365.0000PWR-C4-950WAC-R/2 2.00Cisco ONE Advantage High Term, C9500 $0.00$0.0000C1A1TCAT95001 2.00C1 Advantage High Term C9500 5Y - DNA, 25 ISE PLS, 25 SWATCH $25,181.00$12,590.5000C1A1TCAT95001-5Y 50.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 50.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 50.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 50.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 50.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 50.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 2.00Cisco ONE C9500 DNA Advantage 40P 10Gig Term licenses $0.00$0.0000C1-C9500-40-DNAA-T 2.00Cisco ONE Subscription SKU 5Y $0.00$0.0000C1-C9500-TRK-5Y 4.00North America AC Type A Power Cable $0.00$0.0000CAB-TA-NA City Hall - Core 2.001000BASE-T SFP transceiver module for Category 5 copper wire $585.00$292.5000GLC-TE= City Hall - Core 2.00QSFP40G BiDi Short-reach Transceiver $1,423.50$711.7500QSFP-40G-SR-BD= City Hall - Core 1.0040GBASE-CR4 Passive Copper Cable, 1m $162.50$162.5000QSFP-H40G-CU1M= City Hall 4.0010GBASE-LR SFP Module $10,387.00$2,596.7500SFP-10G-LR= City Hall - Core 6.0010GBASE-SR SFP Module $3,880.50$646.7500SFP-10G-SR= City Hall - Core 2017-12-19 Agenda Packet Page 278 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28523 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - City Hall/Security/Spares/Cables/Learning Credits/GoldMile TITLE: 6.00Cisco ONE ISR 4431 (4GE,3NIM,8G FLASH,4G DRAM,IPB)$42,900.00$7,150.0000C1-CISCO4431/K9 30.00*SNTC-8X5XNBD C1 ISR 4431 (4GE,3NIM,8G FLASH) 60 Month Service Duration $0.00$0.0000CON-SNT-C14431K9 6.00*Cisco ONE Promo LIC Akamai Connect for 1300 connection WAAS $0.00$0.0000C1-SL-1300-AKC 6.00IP Base License for Cisco ISR 4400 Series $0.00$0.0000SL-44-IPB-K9 6.00AC Power Supply for Cisco ISR 4430 $0.00$0.0000PWR-4430-AC 6.00AC Power Supply (Secondary PS) for Cisco ISR 4430 $3,120.00$520.0000PWR-4430-AC/2 12.00AC Power Cord (North America), C13, NEMA 5-15P, 2.1m $0.00$0.0000CAB-AC 6.008G DRAM (4G+4G) for Cisco ISR 4400, Spare $0.00$0.0000MEM-4400-8G 18.00Blank faceplate for NIM slot on Cisco ISR 4400 $0.00$0.0000NIM-BLANK 6.008G eUSB Flash Memory for Cisco ISR 4430 $0.00$0.0000MEM-FLSH-8G 6.002G DRAM (1 DIMM) for Cisco ISR 4400 Data Plane $0.00$0.0000MEM-4400-DP-2G 6.00Cisco ONE Foundation Perpetual License ISR 4400 $30,030.00$5,005.0000C1F1PISR4400SK9 30.00*SWSS UPGRADES Cisco ONE Foundation Perpetual License I 60 Month Service Duration $0.00$0.0000CON-ECMU-C1F1PISR 6.00Security License for Cisco ISR 4400 Series $0.00$0.0000SL-44-SEC-K9 6.00AppX License for Cisco ISR 4400 Series $0.00$0.0000SL-44-APP-K9 6.00ISRWAAS RTU for 1300 connections $0.00$0.0000ISRWAAS-RTU-1300 6.00*SWSS UPGRADES ISRWAAS RTU for 1300 connections 60 Month Service Duration $0.00$0.0000CON-ECMU-IW1300 6.00Cisco ONE PI Device License for LF, AS, & IWAN App for ISR $0.00$0.0000C1-PI-LFAS-ISR-K9 6.00*Cisco ONE Promo license to manage one WAAS node $0.00$0.0000C1-LIC-VCM-1N 6.00Cisco ISR 4400 Series IOS XE Universal $0.00$0.0000SISR4400UK9-316S 6.00*Tracker PID v04 Fnd Perpetual ISR4400S - no delivery $0.00$0.0000C1F1VISR4400S-04 City Hall - Core 1.00Cisco ONE ISR 4431 (4GE,3NIM,8G FLASH,4G DRAM,IPB)$7,150.00$7,150.0000C1-CISCO4431/K9 5.00*SNTC-8X5XNBD C1 ISR 4431 (4GE,3NIM,8G FLASH) 60 Month Service Duration $0.00$0.0000CON-SNT-C14431K9 1.00*Cisco ONE Promo LIC Akamai Connect for 1300 connection WAAS $0.00$0.0000C1-SL-1300-AKC 1.00IP Base License for Cisco ISR 4400 Series $0.00$0.0000SL-44-IPB-K9 1.002 port Multiflex Trunk Voice/Clear-channel Data T1/E1 Module $1,430.00$1,430.0000NIM-2MFT-T1/E1 1.00AC Power Supply for Cisco ISR 4430 $0.00$0.0000PWR-4430-AC 1.00AC Power Supply (Secondary PS) for Cisco ISR 4430 $520.00$520.0000PWR-4430-AC/2 2.00AC Power Cord (North America), C13, NEMA 5-15P, 2.1m $0.00$0.0000CAB-AC 1.008G DRAM (4G+4G) for Cisco ISR 4400, Spare $0.00$0.0000MEM-4400-8G 2.00Blank faceplate for NIM slot on Cisco ISR 4400 $0.00$0.0000NIM-BLANK 1.008G eUSB Flash Memory for Cisco ISR 4430 $0.00$0.0000MEM-FLSH-8G 1.002G DRAM (1 DIMM) for Cisco ISR 4400 Data Plane $0.00$0.0000MEM-4400-DP-2G 1.00Cisco ONE Foundation Perpetual License ISR 4400 $5,005.00$5,005.0000C1F1PISR4400SK9 2017-12-19 Agenda Packet Page 279 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28523 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - City Hall/Security/Spares/Cables/Learning Credits/GoldMile TITLE: 5.00*SWSS UPGRADES Cisco ONE Foundation Perpetual License I 60 Month Service Duration $0.00$0.0000CON-ECMU-C1F1PISR 1.00Security License for Cisco ISR 4400 Series $0.00$0.0000SL-44-SEC-K9 1.00AppX License for Cisco ISR 4400 Series $0.00$0.0000SL-44-APP-K9 1.00ISRWAAS RTU for 1300 connections $0.00$0.0000ISRWAAS-RTU-1300 1.00*SWSS UPGRADES ISRWAAS RTU for 1300 connections 60 Month Service Duration $0.00$0.0000CON-ECMU-IW1300 1.00Cisco ONE PI Device License for LF, AS, & IWAN App for ISR $0.00$0.0000C1-PI-LFAS-ISR-K9 1.00*Cisco ONE Promo license to manage one WAAS node $0.00$0.0000C1-LIC-VCM-1N 1.00Cisco ISR 4400 Series IOS XE Universal $0.00$0.0000SISR4400UK9-316S 1.00*Tracker PID v04 Fnd Perpetual ISR4400S - no delivery $0.00$0.0000C1F1VISR4400S-04 City Hall - Core 1.00Cisco ONE ISR 4451 (4GE,3NIM,2SM,8G FLASH,4G DRAM, IPB)$11,700.00$11,700.0000C1-CISCO4451/K9 5.00*SNTC-8X5XNBD C1 ISR 4451 (4GE,3NIM,2SM,8G FLASH) 60 Month Service Duration $0.00$0.0000CON-SNT-C14451K9 1.00Cisco ONE Promo LIC Akamai Connect for 2500 connection WAAS $0.00$0.0000C1-SL-2500-AKC 1.00IP Base License for Cisco ISR 4400 Series $0.00$0.0000SL-44-IPB-K9 1.00AC Power Supply for Cisco ISR 4450 and ISR4350 $0.00$0.0000PWR-4450-AC 1.00AC Power Cord (North America), C13, NEMA 5-15P, 2.1m $0.00$0.0000CAB-AC 1.00Cover for empty 2nd Power Supply slot on Cisco ISR 4450 $0.00$0.0000PWR-COVER-4450 2.00Cover for empty POE slot on Cisco ISR 4450 $0.00$0.0000POE-COVER-4450 2.00Removable faceplate for SM slot on Cisco 2900,3900,4400 ISR $0.00$0.0000SM-S-BLANK 1.008G DRAM (4G+4G) for Cisco ISR 4400, Spare $0.00$0.0000MEM-4400-8G 3.00Blank faceplate for NIM slot on Cisco ISR 4400 $0.00$0.0000NIM-BLANK 1.008G eUSB Flash Memory for Cisco ISR 4430 $0.00$0.0000MEM-FLSH-8G 1.002G DRAM (1 DIMM) for Cisco ISR 4400 Data Plane $0.00$0.0000MEM-4400-DP-2G 1.00Cisco ONE Foundation Perpetual License ISR 4400 $5,005.00$5,005.0000C1F1PISR4400SK9 5.00*SWSS UPGRADES Cisco ONE Foundation Perpetual License I 60 Month Service Duration $0.00$0.0000CON-ECMU-C1F1PISR 1.00Security License for Cisco ISR 4400 Series $0.00$0.0000SL-44-SEC-K9 1.00AppX License for Cisco ISR 4400 Series $0.00$0.0000SL-44-APP-K9 1.00ISRWAAS RTU for 2500 connections $0.00$0.0000ISRWAAS-RTU-2500 1.00VWAAS 2500 conns RTU for UCS-E on single ISR only $0.00$0.0000VWAAS-RTU-2500 1.00Cisco ONE PI Device License for LF, AS, & IWAN App for ISR $0.00$0.0000C1-PI-LFAS-ISR-K9 1.00*Cisco ONE Promo license to manage one WAAS node $0.00$0.0000C1-LIC-VCM-1N 1.00Cisco ISR 4400 Series IOS XE Universal $0.00$0.0000SISR4400UK9-316S City Hall - Core 1.00Cisco ONE ISR 4451 (4GE,3NIM,2SM,8G FLASH,4G DRAM, IPB)$11,700.00$11,700.0000C1-CISCO4451/K9 5.00*SNTC-8X5XNBD C1 ISR 4451 (4GE,3NIM,2SM,8G FLASH) 60 Month Service Duration $0.00$0.0000CON-SNT-C14451K9 2017-12-19 Agenda Packet Page 280 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28523 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - City Hall/Security/Spares/Cables/Learning Credits/GoldMile TITLE: 1.00Cisco ONE Promo LIC Akamai Connect for 2500 connection WAAS $0.00$0.0000C1-SL-2500-AKC 1.00IP Base License for Cisco ISR 4400 Series $0.00$0.0000SL-44-IPB-K9 1.00AC Power Supply for Cisco ISR 4450 and ISR4350 $0.00$0.0000PWR-4450-AC 1.00AC Power Cord (North America), C13, NEMA 5-15P, 2.1m $0.00$0.0000CAB-AC 1.00Cover for empty 2nd Power Supply slot on Cisco ISR 4450 $0.00$0.0000PWR-COVER-4450 2.00Cover for empty POE slot on Cisco ISR 4450 $0.00$0.0000POE-COVER-4450 2.00Removable faceplate for SM slot on Cisco 2900,3900,4400 ISR $0.00$0.0000SM-S-BLANK 1.008G DRAM (4G+4G) for Cisco ISR 4400, Spare $0.00$0.0000MEM-4400-8G 3.00Blank faceplate for NIM slot on Cisco ISR 4400 $0.00$0.0000NIM-BLANK 1.008G eUSB Flash Memory for Cisco ISR 4430 $0.00$0.0000MEM-FLSH-8G 1.002G DRAM (1 DIMM) for Cisco ISR 4400 Data Plane $0.00$0.0000MEM-4400-DP-2G 1.00Cisco ONE Foundation Perpetual License ISR 4400 $5,005.00$5,005.0000C1F1PISR4400SK9 5.00*SWSS UPGRADES Cisco ONE Foundation Perpetual License I 60 Month Service Duration $0.00$0.0000CON-ECMU-C1F1PISR 1.00Security License for Cisco ISR 4400 Series $0.00$0.0000SL-44-SEC-K9 1.00AppX License for Cisco ISR 4400 Series $0.00$0.0000SL-44-APP-K9 1.00ISRWAAS RTU for 2500 connections $0.00$0.0000ISRWAAS-RTU-2500 1.00VWAAS 2500 conns RTU for UCS-E on single ISR only $0.00$0.0000VWAAS-RTU-2500 1.00Cisco ONE PI Device License for LF, AS, & IWAN App for ISR $0.00$0.0000C1-PI-LFAS-ISR-K9 1.00*Cisco ONE Promo license to manage one WAAS node $0.00$0.0000C1-LIC-VCM-1N 1.00Cisco ISR 4400 Series IOS XE Universal $0.00$0.0000SISR4400UK9-316S City Hall - Core (3) appliances for DNA Center 3.00DNA Center Appliance $150,462.00$50,154.0000DN1-HW-APL 15.00*SNTC-8X5XNBD DNA Center Appliance 60 Month Service Duration $0.00$0.0000CON-SNT-DN1HWADN 3.00*DNA Center SW 1.0 $0.00$0.0000DN1-SW-1.0 6.00Power Cord, 125VAC 13A NEMA 5-15 Plug, North America $0.00$0.0000CAB-9K12A-NA 6.002.20 GHz E5-2699 v4/145W 22C/55MB Cache/DDR4 2400MHz $0.00$0.0000DN1-CPU-E52699E 24.0032GB DDR4-2400-MHz RDIMM/PC4-19200/dual rank/x4/1.2v $0.00$0.0000DN1-MR-1X322RV-A 18.001.9TB 2.5 inch Enterprise Value 6G SATA SSD(1 FWPD)-PM863 $0.00$0.0000DN1-SD19TBKSS-EV 6.00480 GB 2.5 inch Enterprise Value 6G SATA SSD $0.00$0.0000DN1-SD480GBKS4-EV 3.00Cisco UCS VIC1227 VIC MLOM - Dual Port 10Gb SFP+$0.00$0.0000DN1-MLOM-CSC-02 3.0032GB SD Card for UCS servers $0.00$0.0000DN1-SD-32G-S 6.00Cisco UCS 770W AC Power Supply for Rack Server $0.00$0.0000DN1-PSU1-770W 3.00Cisco 12G SAS Modular Raid Controller $0.00$0.0000DN1-MRAID12G 3.00Cisco 12Gbps SAS 4GB FBWC Cache module (Raid 0/1/5/6)$0.00$0.0000DN1-MRAID12G-4GB 3.00Trusted Platform Module 2.0 for UCS servers $0.00$0.0000DN1-TPM2-002 3.00Enable RAID 1 Setting $0.00$0.0000R2XX-RAID1 City Hall - Core (4) appliances for Cisco ISE - 2 2017-12-19 Agenda Packet Page 281 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28523 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - City Hall/Security/Spares/Cables/Learning Credits/GoldMile TITLE: 4.00Small Secure Network Server for ISE Applications $0.00$0.0000SNS-3515-K9 20.00SNTC-8X5XNBD Small Secure Network Server for ISE Appl 60 Month Service Duration $0.00$0.0000CON-SNT-SNS3515K 4.00Cisco ISE Software for the SNS-3515-K9 appliance $41,574.00$10,393.5000SW-3515-ISE-K9 4.00Power Cord, 125VAC 13A NEMA 5-15 Plug, North America $0.00$0.0000CAB-9K12A-NA 8.008GB DDR4-2133 Mhz Memory Module $0.00$0.0000SNS-MR-1X081RU-A 4.001GB FBWC for Cisco 12G SAS Modular RAID $0.00$0.0000SNS-MRAID12G-1GB 4.00770W power supply $0.00$0.0000SNS-PSU1-770W 4.00Enable RAID 0 Setting $0.00$0.0000R2XX-RAID0 4.00Avila Cisco 12G SAS Modular Raid Controller $0.00$0.0000SNS-MRAID12G 4.002.40 GHz E5-2620 v3/6C $0.00$0.0000SNS-CPU-E52620D 4.00600GB SAS 10K RPM HDD $0.00$0.0000SNS-HD600G10K12G 4.00MLOM Intel -Quad Port 1Gb RJ45 $0.00$0.0000SNS-MLOM-IRJ45 City Hall - Edge C_SERVERROOM 2.00Catalyst 9300 48-port UPOE, Network Advantage $13,663.00$6,831.5000C9300-48U-A 10.00SNTC-8X5XNBD Catalyst 9300 48-port UPOE, Network Adva 60 Month Service Duration $0.00$0.0000CON-SNT-C93004UA 2.00*C9300 Network Advantage, 48-port license $0.00$0.0000C9300-NW-A-48 2.001100W AC Config 1 Power Supply $0.00$0.0000PWR-C1-1100WAC 2.001100W AC Config 1 Secondary Power Supply $2,470.00$1,235.0000PWR-C1-1100WAC/2 2.00Catalyst 9300 8 x 10GE Network Module $3,315.00$1,657.5000C9300-NM-8X 2.00*Cisco ONE Advantage Term, C9300 48-port $0.00$0.0000C1A1TCAT93002 2.00*C1 Advantage Term C9300 48P 5Y - DNA, 25 ISE PLS, 25 SWATCH $9,217.00$4,608.5000C1A1TCAT93002-5Y 2.00*Cisco ONE C9300 DNA Advantage 48-Port Term licenses $0.00$0.0000C1-C9300-48-DNAA-T 2.00*Cisco ONE Subscription SKU 5Y $0.00$0.0000C1-C9300-TRK-5Y 50.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 50.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 50.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 50.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 50.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 50.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 2.00*Cisco ONE Advantage Add-On Term, C9300 $0.00$0.0000C1AA1TCAT93001 2.00*C1 Advantage Add-On Term C9300 5Y - 25 ISE PLS, 25 SWATCH $1,612.00$806.0000C1AA1TCAT93001-5Y 50.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 50.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 50.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 50.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 50.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 50.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 2017-12-19 Agenda Packet Page 282 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28523 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - City Hall/Security/Spares/Cables/Learning Credits/GoldMile TITLE: 2.00*CAT9300 Universal image $0.00$0.0000S9300UK9-166 4.00North America AC Type A Power Cable $0.00$0.0000CAB-TA-NA 2.0050CM Type 1 Stacking Cable $130.00$65.0000STACK-T1-50CM 2.00Catalyst Stack Power Cable 30 CM $123.50$61.7500CAB-SPWR-30CM City Hall - Edge C_R1.02 2.00Catalyst 9300 48-port UPOE, Network Advantage $13,663.00$6,831.5000C9300-48U-A 10.00SNTC-8X5XNBD Catalyst 9300 48-port UPOE, Network Adva 60 Month Service Duration $0.00$0.0000CON-SNT-C93004UA 2.00*C9300 Network Advantage, 48-port license $0.00$0.0000C9300-NW-A-48 2.001100W AC Config 1 Power Supply $0.00$0.0000PWR-C1-1100WAC 2.001100W AC Config 1 Secondary Power Supply $2,470.00$1,235.0000PWR-C1-1100WAC/2 2.00Catalyst 9300 8 x 10GE Network Module $3,315.00$1,657.5000C9300-NM-8X 2.00*Cisco ONE Advantage Term, C9300 48-port $0.00$0.0000C1A1TCAT93002 2.00*C1 Advantage Term C9300 48P 5Y - DNA, 25 ISE PLS, 25 SWATCH $9,217.00$4,608.5000C1A1TCAT93002-5Y 2.00*Cisco ONE C9300 DNA Advantage 48-Port Term licenses $0.00$0.0000C1-C9300-48-DNAA-T 2.00*Cisco ONE Subscription SKU 5Y $0.00$0.0000C1-C9300-TRK-5Y 50.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 50.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 50.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 50.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 50.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 50.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 2.00*Cisco ONE Advantage Add-On Term, C9300 $0.00$0.0000C1AA1TCAT93001 2.00*C1 Advantage Add-On Term C9300 5Y - 25 ISE PLS, 25 SWATCH $1,612.00$806.0000C1AA1TCAT93001-5Y 50.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 50.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 50.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 50.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 50.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 50.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 2.00*CAT9300 Universal image $0.00$0.0000S9300UK9-166 4.00North America AC Type A Power Cable $0.00$0.0000CAB-TA-NA 2.0050CM Type 1 Stacking Cable $130.00$65.0000STACK-T1-50CM 2.00Catalyst Stack Power Cable 30 CM $123.50$61.7500CAB-SPWR-30CM City Hall - Edge 36.0010GBASE-LRM SFP Module $25,740.00$715.0000SFP-10G-LRM= City Hall - Edge C_B1.01 4.00Catalyst 9300 48-port UPOE, Network Advantage $27,326.00$6,831.5000C9300-48U-A 20.00SNTC-8X5XNBD Catalyst 9300 48-port UPOE, Network Adva 60 Month Service Duration $0.00$0.0000CON-SNT-C93004UA 2017-12-19 Agenda Packet Page 283 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28523 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - City Hall/Security/Spares/Cables/Learning Credits/GoldMile TITLE: 4.00*C9300 Network Advantage, 48-port license $0.00$0.0000C9300-NW-A-48 4.001100W AC Config 1 Power Supply $0.00$0.0000PWR-C1-1100WAC 4.001100W AC Config 1 Secondary Power Supply $4,940.00$1,235.0000PWR-C1-1100WAC/2 4.00Catalyst 9300 8 x 10GE Network Module $6,630.00$1,657.5000C9300-NM-8X 4.00*Cisco ONE Advantage Term, C9300 48-port $0.00$0.0000C1A1TCAT93002 4.00*C1 Advantage Term C9300 48P 5Y - DNA, 25 ISE PLS, 25 SWATCH $18,434.00$4,608.5000C1A1TCAT93002-5Y 4.00*Cisco ONE C9300 DNA Advantage 48-Port Term licenses $0.00$0.0000C1-C9300-48-DNAA-T 4.00*Cisco ONE Subscription SKU 5Y $0.00$0.0000C1-C9300-TRK-5Y 100.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 100.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 100.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 100.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 100.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 100.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 4.00*Cisco ONE Advantage Add-On Term, C9300 $0.00$0.0000C1AA1TCAT93001 4.00*C1 Advantage Add-On Term C9300 5Y - 25 ISE PLS, 25 SWATCH $3,224.00$806.0000C1AA1TCAT93001-5Y 100.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 100.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 100.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 100.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 100.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 100.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 4.00*CAT9300 Universal image $0.00$0.0000S9300UK9-166 8.00North America AC Type A Power Cable $0.00$0.0000CAB-TA-NA 4.0050CM Type 1 Stacking Cable $260.00$65.0000STACK-T1-50CM 4.00Catalyst Stack Power Cable 30 CM $247.00$61.7500CAB-SPWR-30CM City Hall - Edge A_R1.02 2.00Catalyst 9300 48-port UPOE, Network Advantage $13,663.00$6,831.5000C9300-48U-A 10.00SNTC-8X5XNBD Catalyst 9300 48-port UPOE, Network Adva 60 Month Service Duration $0.00$0.0000CON-SNT-C93004UA 2.00*C9300 Network Advantage, 48-port license $0.00$0.0000C9300-NW-A-48 2.001100W AC Config 1 Power Supply $0.00$0.0000PWR-C1-1100WAC 2.001100W AC Config 1 Secondary Power Supply $2,470.00$1,235.0000PWR-C1-1100WAC/2 2.00Catalyst 9300 8 x 10GE Network Module $3,315.00$1,657.5000C9300-NM-8X 2.00*Cisco ONE Advantage Term, C9300 48-port $0.00$0.0000C1A1TCAT93002 2.00*C1 Advantage Term C9300 48P 5Y - DNA, 25 ISE PLS, 25 SWATCH $9,217.00$4,608.5000C1A1TCAT93002-5Y 2.00*Cisco ONE C9300 DNA Advantage 48-Port Term licenses $0.00$0.0000C1-C9300-48-DNAA-T 2.00*Cisco ONE Subscription SKU 5Y $0.00$0.0000C1-C9300-TRK-5Y 50.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 2017-12-19 Agenda Packet Page 284 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28523 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - City Hall/Security/Spares/Cables/Learning Credits/GoldMile TITLE: 50.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 50.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 50.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 50.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 50.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 2.00*Cisco ONE Advantage Add-On Term, C9300 $0.00$0.0000C1AA1TCAT93001 2.00*C1 Advantage Add-On Term C9300 5Y - 25 ISE PLS, 25 SWATCH $1,612.00$806.0000C1AA1TCAT93001-5Y 50.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 50.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 50.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 50.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 50.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 50.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 2.00*CAT9300 Universal image $0.00$0.0000S9300UK9-166 4.00North America AC Type A Power Cable $0.00$0.0000CAB-TA-NA 2.0050CM Type 1 Stacking Cable $130.00$65.0000STACK-T1-50CM 2.00Catalyst Stack Power Cable 30 CM $123.50$61.7500CAB-SPWR-30CM City Hall - Edge A_R1.03 1.00Catalyst 9300 48-port UPOE, Network Advantage $6,831.50$6,831.5000C9300-48U-A 5.00SNTC-8X5XNBD Catalyst 9300 48-port UPOE, Network Adva 60 Month Service Duration $0.00$0.0000CON-SNT-C93004UA 1.00*C9300 Network Advantage, 48-port license $0.00$0.0000C9300-NW-A-48 1.001100W AC Config 1 Power Supply $0.00$0.0000PWR-C1-1100WAC 1.001100W AC Config 1 Secondary Power Supply $1,235.00$1,235.0000PWR-C1-1100WAC/2 1.00Catalyst 9300 8 x 10GE Network Module $1,657.50$1,657.5000C9300-NM-8X 1.00*Cisco ONE Advantage Term, C9300 48-port $0.00$0.0000C1A1TCAT93002 1.00*C1 Advantage Term C9300 48P 5Y - DNA, 25 ISE PLS, 25 SWATCH $4,608.50$4,608.5000C1A1TCAT93002-5Y 1.00*Cisco ONE C9300 DNA Advantage 48-Port Term licenses $0.00$0.0000C1-C9300-48-DNAA-T 1.00*Cisco ONE Subscription SKU 5Y $0.00$0.0000C1-C9300-TRK-5Y 25.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 25.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 25.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 25.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 25.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 25.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 1.00*Cisco ONE Advantage Add-On Term, C9300 $0.00$0.0000C1AA1TCAT93001 1.00*C1 Advantage Add-On Term C9300 5Y - 25 ISE PLS, 25 SWATCH $806.00$806.0000C1AA1TCAT93001-5Y 25.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 25.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 2017-12-19 Agenda Packet Page 285 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28523 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - City Hall/Security/Spares/Cables/Learning Credits/GoldMile TITLE: 25.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 25.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 25.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 25.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 1.00*CAT9300 Universal image $0.00$0.0000S9300UK9-166 2.00North America AC Type A Power Cable $0.00$0.0000CAB-TA-NA 1.0050CM Type 1 Stacking Cable $65.00$65.0000STACK-T1-50CM 1.00Catalyst Stack Power Cable 30 CM $61.75$61.7500CAB-SPWR-30CM City Hall - Edge C_R1.01 3.00Catalyst 9300 48-port UPOE, Network Advantage $20,494.50$6,831.5000C9300-48U-A 15.00SNTC-8X5XNBD Catalyst 9300 48-port UPOE, Network Adva 60 Month Service Duration $0.00$0.0000CON-SNT-C93004UA 3.00*C9300 Network Advantage, 48-port license $0.00$0.0000C9300-NW-A-48 3.001100W AC Config 1 Power Supply $0.00$0.0000PWR-C1-1100WAC 3.001100W AC Config 1 Secondary Power Supply $3,705.00$1,235.0000PWR-C1-1100WAC/2 3.00Catalyst 9300 8 x 10GE Network Module $4,972.50$1,657.5000C9300-NM-8X 3.00*Cisco ONE Advantage Term, C9300 48-port $0.00$0.0000C1A1TCAT93002 3.00*C1 Advantage Term C9300 48P 5Y - DNA, 25 ISE PLS, 25 SWATCH $13,825.50$4,608.5000C1A1TCAT93002-5Y 3.00*Cisco ONE C9300 DNA Advantage 48-Port Term licenses $0.00$0.0000C1-C9300-48-DNAA-T 3.00*Cisco ONE Subscription SKU 5Y $0.00$0.0000C1-C9300-TRK-5Y 75.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 75.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 75.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 75.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 75.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 75.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 3.00*Cisco ONE Advantage Add-On Term, C9300 $0.00$0.0000C1AA1TCAT93001 3.00*C1 Advantage Add-On Term C9300 5Y - 25 ISE PLS, 25 SWATCH $2,418.00$806.0000C1AA1TCAT93001-5Y 75.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 75.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 75.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 75.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 75.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 75.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 3.00*CAT9300 Universal image $0.00$0.0000S9300UK9-166 6.00North America AC Type A Power Cable $0.00$0.0000CAB-TA-NA 3.0050CM Type 1 Stacking Cable $195.00$65.0000STACK-T1-50CM 3.00Catalyst Stack Power Cable 30 CM $185.25$61.7500CAB-SPWR-30CM City Hall - Edge B_R1.01 2017-12-19 Agenda Packet Page 286 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28523 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - City Hall/Security/Spares/Cables/Learning Credits/GoldMile TITLE: 3.00Catalyst 9300 48-port UPOE, Network Advantage $20,494.50$6,831.5000C9300-48U-A 15.00SNTC-8X5XNBD Catalyst 9300 48-port UPOE, Network Adva 60 Month Service Duration $0.00$0.0000CON-SNT-C93004UA 3.00*C9300 Network Advantage, 48-port license $0.00$0.0000C9300-NW-A-48 3.001100W AC Config 1 Power Supply $0.00$0.0000PWR-C1-1100WAC 3.001100W AC Config 1 Secondary Power Supply $3,705.00$1,235.0000PWR-C1-1100WAC/2 3.00Catalyst 9300 8 x 10GE Network Module $4,972.50$1,657.5000C9300-NM-8X 3.00*Cisco ONE Advantage Term, C9300 48-port $0.00$0.0000C1A1TCAT93002 3.00*C1 Advantage Term C9300 48P 5Y - DNA, 25 ISE PLS, 25 SWATCH $13,825.50$4,608.5000C1A1TCAT93002-5Y 3.00*Cisco ONE C9300 DNA Advantage 48-Port Term licenses $0.00$0.0000C1-C9300-48-DNAA-T 3.00*Cisco ONE Subscription SKU 5Y $0.00$0.0000C1-C9300-TRK-5Y 75.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 75.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 75.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 75.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 75.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 75.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 3.00*Cisco ONE Advantage Add-On Term, C9300 $0.00$0.0000C1AA1TCAT93001 3.00*C1 Advantage Add-On Term C9300 5Y - 25 ISE PLS, 25 SWATCH $2,418.00$806.0000C1AA1TCAT93001-5Y 75.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 75.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 75.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 75.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 75.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 75.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 3.00*CAT9300 Universal image $0.00$0.0000S9300UK9-166 6.00North America AC Type A Power Cable $0.00$0.0000CAB-TA-NA 3.0050CM Type 1 Stacking Cable $195.00$65.0000STACK-T1-50CM 3.00Catalyst Stack Power Cable 30 CM $185.25$61.7500CAB-SPWR-30CM City Hall - Edge A_R1.01 4.00Catalyst 9300 48-port UPOE, Network Advantage $27,326.00$6,831.5000C9300-48U-A 20.00SNTC-8X5XNBD Catalyst 9300 48-port UPOE, Network Adva 60 Month Service Duration $0.00$0.0000CON-SNT-C93004UA 4.00*C9300 Network Advantage, 48-port license $0.00$0.0000C9300-NW-A-48 4.001100W AC Config 1 Power Supply $0.00$0.0000PWR-C1-1100WAC 4.001100W AC Config 1 Secondary Power Supply $4,940.00$1,235.0000PWR-C1-1100WAC/2 4.00Catalyst 9300 8 x 10GE Network Module $6,630.00$1,657.5000C9300-NM-8X 4.00*Cisco ONE Advantage Term, C9300 48-port $0.00$0.0000C1A1TCAT93002 4.00*C1 Advantage Term C9300 48P 5Y - DNA, 25 ISE PLS, 25 SWATCH $18,434.00$4,608.5000C1A1TCAT93002-5Y 2017-12-19 Agenda Packet Page 287 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28523 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - City Hall/Security/Spares/Cables/Learning Credits/GoldMile TITLE: 4.00*Cisco ONE C9300 DNA Advantage 48-Port Term licenses $0.00$0.0000C1-C9300-48-DNAA-T 4.00*Cisco ONE Subscription SKU 5Y $0.00$0.0000C1-C9300-TRK-5Y 100.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 100.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 100.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 100.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 100.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 100.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 4.00*Cisco ONE Advantage Add-On Term, C9300 $0.00$0.0000C1AA1TCAT93001 4.00*C1 Advantage Add-On Term C9300 5Y - 25 ISE PLS, 25 SWATCH $3,224.00$806.0000C1AA1TCAT93001-5Y 100.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 100.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 100.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 100.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 100.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 100.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 4.00*CAT9300 Universal image $0.00$0.0000S9300UK9-166 8.00North America AC Type A Power Cable $0.00$0.0000CAB-TA-NA 4.0050CM Type 1 Stacking Cable $260.00$65.0000STACK-T1-50CM 4.00Catalyst Stack Power Cable 30 CM $247.00$61.7500CAB-SPWR-30CM City Hall - Edge 3.00Catalyst 9300 48-port UPOE, Network Advantage $20,494.50$6,831.5000C9300-48U-A 15.00SNTC-8X5XNBD Catalyst 9300 48-port UPOE, Network Adva 60 Month Service Duration $0.00$0.0000CON-SNT-C93004UA 3.00*C9300 Network Advantage, 48-port license $0.00$0.0000C9300-NW-A-48 3.001100W AC Config 1 Power Supply $0.00$0.0000PWR-C1-1100WAC 3.001100W AC Config 1 Secondary Power Supply $3,705.00$1,235.0000PWR-C1-1100WAC/2 3.00Catalyst 9300 8 x 10GE Network Module $4,972.50$1,657.5000C9300-NM-8X 3.00*Cisco ONE Advantage Term, C9300 48-port $0.00$0.0000C1A1TCAT93002 3.00*C1 Advantage Term C9300 48P 5Y - DNA, 25 ISE PLS, 25 SWATCH $13,825.50$4,608.5000C1A1TCAT93002-5Y 3.00*Cisco ONE C9300 DNA Advantage 48-Port Term licenses $0.00$0.0000C1-C9300-48-DNAA-T 3.00*Cisco ONE Subscription SKU 5Y $0.00$0.0000C1-C9300-TRK-5Y 75.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 75.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 75.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 75.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 75.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 75.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 3.00*Cisco ONE Advantage Add-On Term, C9300 $0.00$0.0000C1AA1TCAT93001 2017-12-19 Agenda Packet Page 288 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28523 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - City Hall/Security/Spares/Cables/Learning Credits/GoldMile TITLE: 3.00*C1 Advantage Add-On Term C9300 5Y - 25 ISE PLS, 25 SWATCH $2,418.00$806.0000C1AA1TCAT93001-5Y 75.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 75.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 75.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 75.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 75.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 75.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 3.00*CAT9300 Universal image $0.00$0.0000S9300UK9-166 6.00North America AC Type A Power Cable $0.00$0.0000CAB-TA-NA 3.0050CM Type 1 Stacking Cable $195.00$65.0000STACK-T1-50CM 3.00Catalyst Stack Power Cable 30 CM $185.25$61.7500CAB-SPWR-30CM City Hall - Datacenter 2.00Cisco ONE Nexus 9300 with 48p 10G BASE-T and 6p 100G QSFP28 $29,250.00$14,625.0000C1-N9K-C93108TC-EX 10.00SNTC-8X5XNBD Cisco ONE Nexus 9300 with 48p 10G BASE-T 60 Month Service Duration $0.00$0.0000CON-SNT-C1N9KCEX 2.00Nexus 9k/3K NX-OS Maintenance Software Rel 7.0(3)I4.3 $0.00$0.0000NXOS-703I4.3 2.00Nexus 3K/9K Fixed Accessory Kit $0.00$0.0000N3K-C3064-ACC-KIT 8.00Nexus 2K/3K/9K Single Fan, port side exhaust airflow $0.00$0.0000NXA-FAN-30CFM-F 4.00Nexus NEBs AC 650W PSU - Port Side Exhaust $0.00$0.0000NXA-PAC-650W-PE 4.00Power Cord, 125VAC 13A NEMA 5-15 Plug, North America $0.00$0.0000CAB-9K12A-NA 2.00Cisco ONE Foundation Perpetual Nexus 9300 48 Port $19,760.00$9,880.0000C1F2PNEX9300K9 10.00*SWSS UPGRADES Cisco ONE Foundation Perpetual Nexus 930 60 Month Service Duration $0.00$0.0000CON-ECMU-C1F2PNE 2.00LAN Enterprise License for Nexus 9300 Platform $0.00$0.0000N93-LAN1K9 2.00Nexus 9300 Network Services (ITD, IP Media Fabric)$0.00$0.0000N93-SERVICES1K9 2.00Cisco ONE ACI SW license for a 48p 1/10G Nexus 9K $0.00$0.0000C1-ACI-N9K-48X 2.00Cisco ONE Tap/SPAN Agg lic for 1 Cisco Nexus Switch $0.00$0.0000C1-NDB-SWT-K9 2.00Cisco ONE DCNM for LAN Advanced Edt. for Nexus 9300 switches $0.00$0.0000C1-DCL-N93-K9 2.00Cisco ONE PI Device License for LF & AS for Nexus 9K $0.00$0.0000C1-PI-LFAS-N9K-K9 2.00Cisco ONE Nexus Fabric Manager License for N9K Switch $0.00$0.0000C1-N9K-NFM1K9 2.00Tracker PID v04 Fnd Perpetual NEX9300 - no delivery $0.00$0.0000C1F2VNEX9300-04 City Hall - Datacenter 2.00QSFP40G BiDi Short-reach Transceiver $1,423.50$711.7500QSFP-40G-SR-BD= City Hall - Datacenter 1.0040GBASE-CR4 Passive Copper Cable, 1m $162.50$162.5000QSFP-H40G-CU1M= City Hall - Internet 1.00Cisco Firepower 4110 Master Bundle $0.00$0.0000FPR4110-BUN 2.00Cisco Firepower 4110 NGFW Appliance, 1U, 2 x NetMod Bays $116,993.50$58,496.7500FPR4110-NGFW-K9 10.00*SNTC-8X5XNBD Cisco Firepower 4110 60 Month Service Duration $0.00$0.0000CON-SNT-FPR4110N 2017-12-19 Agenda Packet Page 289 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28523 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - City Hall/Security/Spares/Cables/Learning Credits/GoldMile TITLE: 4.00North America AC Type A Power Cable $0.00$0.0000CAB-TA-NA 2.00Firepower Extensible Operating System (FXOS) for FPR4K $0.00$0.0000SF-FXOS4K-2.1-K9 2.00Cisco Firepower Threat Defense software v6.2 $0.00$0.0000SF-FPR-TD6.2-K9 2.00Firepower 4000 Series SSD for FPR-4110/4120 $0.00$0.0000FPR4K-SSD200 2.00Firepower 4000 Series SSD Slot Carrier $0.00$0.0000FPR4K-SSD-BBLKD 2.001000BASE-T SFP transceiver module for Category 5 copper wire $0.00$0.0000GLC-TE 2.00FPR4K Hardware Accessory Kit (Rack Mounts, Cables)$0.00$0.0000FPR4K-ACC-KIT 12.00Firepower 4000 Series Fan $0.00$0.0000FPR4K-FAN 2.00Firepower 4000 Series 1100W AC Power Supply $0.00$0.0000FPR4K-PWR-AC-1100 2.00Firepower 4000 Series Rack Mount Kit $0.00$0.0000FPR4K-RACK-MNT 2.00Firepower 4000 Series Network Module Blank Slot Cover $0.00$0.0000FPR4K-NM-BLANK 2.00Firepower 4000 Series Network Module Blank Slot Cover $0.00$0.0000FPR4K-NM-BLANK 2.00Firepower 4000 Series 1100W AC Power Supply $5,193.50$2,596.7500FPR4K-PWR-AC-1100 2.00Cisco FPR4110 Threat Defense Threat and Malware License $0.00$0.0000L-FPR4110T-TM= 2.00Cisco FPR4110 Threat Defense Threat and Malware 5Y Subs $179,003.50$89,501.7500L-FPR4110T-TM-5Y 500.00*Cisco AnyConnect Plus Term License, Total Authorized Users $0.00$0.0000L-AC-PLS-LIC= 500.00Cisco AnyConnect Plus License, 5YR, 500-999 Users $2,561.00$5.1220L-AC-PLS-5Y-S4 City Hall - Internet 2.00Cisco ONE - ASR1001-X $28,600.00$14,300.0000C1-ASR1001-X/K9 10.00*SNTC-8X5XNBD C1 ASR1001-X Chassis,IPBase APIC EM APIs 60 Month Service Duration $0.00$0.0000CON-SNT-A1001XK9 2.00ASR1K-Int Edge/Peering incl. BGP/NAT/ZBFW - tracking only $0.00$0.0000ASR1K-INTERNET 2.00Cisco ASR1001-X 8GB DRAM $0.00$0.0000M-ASR1001X-8GB 2.00Blank faceplate for NIM slot on Cisco ISR 4400 $0.00$0.0000NIM-BLANK 2.00Cisco1 FND Perpetual Suite AES IPSec FW AVC Prime $22,750.00$11,375.0000C1F1PASR1K9 10.00SWSS UPGRADES C1 FND Perp Suite AES IPSec FW AVCPrime 60 Month Service Duration $0.00$0.0000CON-ECMU-CFPASR1 2.00Cisco ONE ASR 1000 Advanced Enterprise Services License $0.00$0.0000C1-SLASR1-AES 2.00Cisco ONE Encryption Right-To-Use Feat Lic ASR1000 Series $0.00$0.0000C1-ASR1-IPSEC-RTU 2.00Cisco ONE Appl. Visibility and Control License ASR1000 $0.00$0.0000C1-FLSASR1-AVC 2.00Cisco ONE FW License for ASR1000 Series $0.00$0.0000C1-FLSASR1-FW 2.00Cisco ONE PI Device License for LF & AS for ASR 1000 $0.00$0.0000C1-PI-LFAS-ASR1K9 2.00Tracker PID v02 Fnd Perpetual ASR1 - no delivery $0.00$0.0000C1F1VASR1-02 2.00Cisco ASR1001-X IOS XE UNIVERSAL $0.00$0.0000SASR1K1XUK9-165 4.00Cisco ASR1001-X AC Power Supply $0.00$0.0000ASR1001-X-PWR-AC 4.00AC Power Cord (North America), C13, NEMA 5-15P, 2.1m $0.00$0.0000CAB-AC 2.00Blank Cover for regular SPA $0.00$0.0000SPA-BLANK City Hall - Internet 1.00Cisco Firepower Management Center 1000 Chassis $15,596.75$15,596.7500FMC1000-K9 2017-12-19 Agenda Packet Page 290 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28523 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - City Hall/Security/Spares/Cables/Learning Credits/GoldMile TITLE: 5.00SNTC-8X5XNBD Cisco Firepower Management Center 1000 C 60 Month Service Duration $0.00$0.0000CON-SNT-FMC1000K 2.00Cisco AC Power Supply 770W for FMC $0.00$0.0000FMC-PWR-AC-770W 2.00Power Cord, 125VAC 13A NEMA 5-15 Plug, North America $0.00$0.0000CAB-9K12A-NA 1.00Cisco Firepower Management Center Software v6.2 $0.00$0.0000SF-FMC-6.2-K9 1.00Cisco FMC 12G SAS Modular Raid Controller $0.00$0.0000FMC-MRAID12G 1.00Cisco FMC 32GB SD Card Module $0.00$0.0000FMC-SD-32G-S 4.00Cisco 8GB DDR4-2400-MHz RDIMM/PC4-19200/single rank/x4/1.2v $0.00$0.0000FMC-MEM-8GB 2.00Cisco FMC 900GB 12GB 10K 2.5" SAS $0.00$0.0000FMC1K-HDD-900G 1.00Cisco 2.10 GHz E5-2620 v4/85W 8C/20MB Cache/DDR4 2133MHz $0.00$0.0000FMC-CPU-E52620E 1.00Enable RAID 1 Setting $0.00$0.0000R2XX-RAID1 City Hall - Internet 8.0010GBASE-SR SFP Module $5,174.00$646.7500SFP-10G-SR= City Hall - Internet 4.0010GBASE-CU SFP+ Cable 1 Meter $260.00$65.0000SFP-H10GB-CU1M= City Hall - Internet 2.00Catalyst 9500 40-port 10Gig switch, Network Advantage $32,110.00$16,055.0000C9500-40X-A 10.00SNTC-8X5XNBD Catalyst 9500 40-port 10Gig switch, Netw 60 Month Service Duration $0.00$0.0000CON-SNT-C95004XA 2.00Cisco ONE Advantage High Term, C9500 $0.00$0.0000C1A1TCAT95001 2.00C1 Advantage High Term C9500 5Y - DNA, 25 ISE PLS, 25 SWATCH $25,181.00$12,590.5000C1A1TCAT95001-5Y 2.00Cisco ONE C9500 DNA Advantage 40P 10Gig Term licenses $0.00$0.0000C1-C9500-40-DNAA-T 2.00Cisco ONE Subscription SKU 5Y $0.00$0.0000C1-C9500-TRK-5Y 50.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 50.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 50.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 50.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 50.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 50.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 2.00CAT9500 Universal image $0.00$0.0000S9500UK9-166 2.00C9500 Network Stack, Advantage $0.00$0.0000C9500-NW-A 2.00Catalyst 9500 network module blank cover $0.00$0.0000C9500-NM-BLANK 2.00950W AC Config 4 Power Supply front to back cooling $2,730.00$1,365.0000PWR-C4-950WAC-R 2.00950W AC Config 4 Power Supply front to back cooling $2,730.00$1,365.0000PWR-C4-950WAC-R/2 4.00North America AC Type A Power Cable $0.00$0.0000CAB-TA-NA Security Software Umbrella Professional for 1,100 1.00Umbrella Cloud Security Subscription Initial Term - 36 Months | Auto Renewal Term - 12 Months | Billing Model - Prepaid Term | Requested Start Date - 11-Nov-2017 $0.00$0.0000UMBRELLA-SUB 2017-12-19 Agenda Packet Page 291 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28523 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - City Hall/Security/Spares/Cables/Learning Credits/GoldMile TITLE: 39600.00Umbrella Professional $48,391.20$1.2220UMB-PROFESSIONAL 1.00Umbrella Support - Basic $0.00$0.0000UMB-SUPT-B Security Software AMP for Endpoints - 1,100 users 1100.00Cisco Advanced Malware Protection Service License $0.00$0.0000FP-AMP-LIC= 1100.00Cisco Advanced Malware Protection 5YR, 1K-4999 Nodes $120,120.00$109.2000FP-AMP-5Y-S4 Spares 1.00Catalyst 9300 48-port UPOE, Network Advantage $6,831.50$6,831.5000C9300-48U-A 5.00SNTC-8X5XNBD Catalyst 9300 48-port UPOE, Network Adva 60 Month Service Duration $0.00$0.0000CON-SNT-C93004UA 1.00*C9300 Network Advantage, 48-port license $0.00$0.0000C9300-NW-A-48 1.001100W AC Config 1 Power Supply $0.00$0.0000PWR-C1-1100WAC 1.001100W AC Config 1 Secondary Power Supply $1,235.00$1,235.0000PWR-C1-1100WAC/2 1.00Catalyst 9300 8 x 10GE Network Module $1,657.50$1,657.5000C9300-NM-8X 1.00*CAT9300 Universal image $0.00$0.0000S9300UK9-166 2.00North America AC Type A Power Cable $0.00$0.0000CAB-TA-NA 1.0050CM Type 1 Stacking Cable $65.00$65.0000STACK-T1-50CM 1.00Catalyst Stack Power Cable 30 CM $61.75$61.7500CAB-SPWR-30CM 1.00Cisco ONE Add-On Session Opt Out (No Fulfillment)$0.00$0.0000C1-ADD-OPTOUT 1.00C9300 DNA Advantage, 48-Port Term Licenses $0.00$0.0000C9300-DNA-A-48 1.00C9300 DNA Advantage, 48-Port, 5 Year Term License $3,945.50$3,945.5000C9300-DNA-A-48-5Y Spares 1.00Catalyst 9300 24-port UPOE, Network Advantage $3,913.00$3,913.0000C9300-24U-A 5.00SNTC-8X5XNBD Catalyst 9300 24-port UPOE, Network Adva 60 Month Service Duration $0.00$0.0000CON-SNT-C93002UA 1.00C9300 Network Advantage, 24-port license $0.00$0.0000C9300-NW-A-24 1.00*CAT9300 Universal image $0.00$0.0000S9300UK9-166 1.001100W AC Config 1 Power Supply $0.00$0.0000PWR-C1-1100WAC 1.001100W AC Config 1 Secondary Power Supply $1,235.00$1,235.0000PWR-C1-1100WAC/2 2.00North America AC Type A Power Cable $0.00$0.0000CAB-TA-NA 1.00Catalyst 9300 8 x 10GE Network Module $1,657.50$1,657.5000C9300-NM-8X 1.0050CM Type 1 Stacking Cable $65.00$65.0000STACK-T1-50CM 1.00Catalyst Stack Power Cable 30 CM $61.75$61.7500CAB-SPWR-30CM 1.00C9300 DNA Advantage, 24-port Term Licenses $0.00$0.0000C9300-DNA-A-24 1.00C9300 DNA Advantage, 24-Port, 5 Year Term License $2,093.00$2,093.0000C9300-DNA-A-24-5Y Cables NON NASPO 16.00EQUAL OPTICS LC-SC SINGLE MODE 3M $230.41$14.4006EO-LCSCSDO-3M 20.00LC-LC DUPLEX MM 10GIG 50UM -3M $240.01$12.0005EO-LCLC10GD-3M 208.00EQUAL OPTICS LC-SC MC CABLE - 3M $16,973.49$81.6033EO-LCSCMC-3M 250.00LC-LC DUPLEX MM 10GIG 50UM -3M $315.03$1.2601EO-LCLC10GD-3M 2017-12-19 Agenda Packet Page 292 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28523 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - City Hall/Security/Spares/Cables/Learning Credits/GoldMile TITLE: Golden Mile 1.00Golden Mile $160,000.00$160,000.000MISC-MAT PR -1.00Golden Mile - Credit $-160,000.00$160,000.000MISC-MAT PR Learning Credits 3.00*100 Prepaid training credits:Redeem w/Cisco Learning Partnrs $0.00$0.0000TRN-CLC-001 Non-Taxable Material:$367,913.00 $1,122,884.39 $87,023.54 $0.00 $0.00 $0.00 $0.00 $1,577,820.93TOTAL: Printed: 12/07/17 Date: Page 16 of 1 Name: By: Authorized Signature By signing this proposal, your acknowledge that you are authorized to enter into a binding agreement on behalf of your company/organization, and (unless governed by public sector purchasing contract/agreement) you agree to the terms and conditions below. Taxable Material: Service/Maintenance: Shipping: Other Services: Labor: Tax: 2017-12-19 Agenda Packet Page 293 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28524 MATTHEW ROBBART NASPO ValuePoint AR-233 (14-19) PA# 7-14-70-04 “The GSPD 401IT – General Provisions – Information Technology Statement of Work terms apply to all orders and supersedes the corresponding Sections of the GSPF40IT terms. Authorized purchasers issuance of purchase order(s) is deemed acceptance of these Statement of Work Terms.” Please refer to the attached Statement of Work "City of Chula Vista - Technology Refresh" *** Fulfillment Only *** SCOPE OF WORK: PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - Police/PublicWorks/LCDC/Animal Facility/RecCenters/Fire/Wireless TITLE: NASPO ValuePoint AR-233 (14-19) PA# 7-14-70-04 Police Department 1.00Cisco ONE ISR 4431 (4GE,3NIM,8G FLASH,4G DRAM,IPB)$7,150.00$7,150.0000C1-CISCO4431/K9 5.00*SNTC-8X5XNBD C1 ISR 4431 (4GE,3NIM,8G FLASH) 60 Month Service Duration $0.00$0.0000CON-SNT-C14431K9 1.00*Cisco ONE Promo LIC Akamai Connect for 1300 connection WAAS $0.00$0.0000C1-SL-1300-AKC 1.00IP Base License for Cisco ISR 4400 Series $0.00$0.0000SL-44-IPB-K9 1.00AC Power Supply for Cisco ISR 4430 $0.00$0.0000PWR-4430-AC 1.00AC Power Supply (Secondary PS) for Cisco ISR 4430 $520.00$520.0000PWR-4430-AC/2 2.00AC Power Cord (North America), C13, NEMA 5-15P, 2.1m $0.00$0.0000CAB-AC 1.0064-channel DSP module $0.00$0.0000PVDM4-64 1.008G DRAM (4G+4G) for Cisco ISR 4400, Spare $0.00$0.0000MEM-4400-8G 2.00Blank faceplate for NIM slot on Cisco ISR 4400 $0.00$0.0000NIM-BLANK 1.008G eUSB Flash Memory for Cisco ISR 4430 $0.00$0.0000MEM-FLSH-8G 1.002G DRAM (1 DIMM) for Cisco ISR 4400 Data Plane $0.00$0.0000MEM-4400-DP-2G 1.00Cisco ONE Foundation Perpetual License ISR 4400 $5,005.00$5,005.0000C1F1PISR4400SK9 5.00*SWSS UPGRADES Cisco ONE Foundation Perpetual License I 60 Month Service Duration $0.00$0.0000CON-ECMU-C1F1PISR 1.00Security License for Cisco ISR 4400 Series $0.00$0.0000SL-44-SEC-K9 1.00AppX License for Cisco ISR 4400 Series $0.00$0.0000SL-44-APP-K9 1.00ISRWAAS RTU for 1300 connections $0.00$0.0000ISRWAAS-RTU-1300 1.00*SWSS UPGRADES ISRWAAS RTU for 1300 connections 60 Month Service Duration $0.00$0.0000CON-ECMU-IW1300 1.00Cisco ONE PI Device License for LF, AS, & IWAN App for ISR $0.00$0.0000C1-PI-LFAS-ISR-K9 1.00*Cisco ONE Promo license to manage one WAAS node $0.00$0.0000C1-LIC-VCM-1N 1.00Cisco ONE Advanced UC Perpetual License ISR 4400 $2,600.00$2,600.0000C1AUPISR4400SK9 5.00*SWSS UPGRADES C1 Advanced Perpetual Lic ISR 4400 60 Month Service Duration $0.00$0.0000CON-ECMU-C1A4400S 1.00Unified Communication License for Cisco ISR 4400 Series $0.00$0.0000SL-44-UC-K9 1.00SRST-25 Seat License (CME uses CUCME Phone License ONLY)$0.00$0.0000FL-CME-SRST-25 1.00Unified Border Element Enterprise License - 25 sessions $0.00$0.0000FL-CUBEE-25 1.00Cisco ISR 4400 Series IOS XE Universal $0.00$0.0000SISR4400UK9-316S 2017-12-19 Agenda Packet Page 294 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28524 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - Police/PublicWorks/LCDC/Animal Facility/RecCenters/Fire/Wireless TITLE: 1.00Cisco Survivable Remote Site Telephony (SRST) License $0.00$0.0000FL-SRST 3.00SRST-100 Seat License (CME uses CUCME Phone License ONLY)$4,485.00$1,495.0000FL-CME-SRST-100 1.002-Port FXS/FXS-E/DID and 4-Port FXO Network Interface Module $910.00$910.0000NIM-2FXS/4FXO 1.00*Tracker PID v01 Adv Perpetual ISR4400S - no delivery $0.00$0.0000C1A1VISR4400S-01 1.00*Tracker PID v04 Fnd Perpetual ISR4400S - no delivery $0.00$0.0000C1F1VISR4400S-04 Police Department 18.00Catalyst 9300 48-port UPOE, Network Advantage $122,967.00$6,831.5000C9300-48U-A 90.00SNTC-8X5XNBD Catalyst 9300 48-port UPOE, Network Adva 60 Month Service Duration $0.00$0.0000CON-SNT-C93004UA 18.00*C9300 Network Advantage, 48-port license $0.00$0.0000C9300-NW-A-48 18.001100W AC Config 1 Power Supply $0.00$0.0000PWR-C1-1100WAC 18.001100W AC Config 1 Secondary Power Supply $22,230.00$1,235.0000PWR-C1-1100WAC/2 18.00Catalyst 9300 8 x 10GE Network Module $29,835.00$1,657.5000C9300-NM-8X 18.00*Cisco ONE Advantage Term, C9300 48-port $0.00$0.0000C1A1TCAT93002 18.00*C1 Advantage Term C9300 48P 5Y - DNA, 25 ISE PLS, 25 SWATCH $82,953.00$4,608.5000C1A1TCAT93002-5Y 18.00*Cisco ONE C9300 DNA Advantage 48-Port Term licenses $0.00$0.0000C1-C9300-48-DNAA-T 18.00*Cisco ONE Subscription SKU 5Y $0.00$0.0000C1-C9300-TRK-5Y 450.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 450.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 450.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 450.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 450.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 450.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 18.00*Cisco ONE Advantage Add-On Term, C9300 $0.00$0.0000C1AA1TCAT93001 18.00*C1 Advantage Add-On Term C9300 5Y - 25 ISE PLS, 25 SWATCH $14,508.00$806.0000C1AA1TCAT93001-5Y 450.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 450.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 450.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 450.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 450.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 450.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 18.00*CAT9300 Universal image $0.00$0.0000S9300UK9-166 36.00North America AC Type A Power Cable $0.00$0.0000CAB-TA-NA 18.0050CM Type 1 Stacking Cable $1,170.00$65.0000STACK-T1-50CM 18.00Catalyst Stack Power Cable 30 CM $1,111.50$61.7500CAB-SPWR-30CM Police Department - Firewalls for PD - join to FMC 1.00Cisco Firepower 4110 Master Bundle $0.00$0.0000FPR4110-BUN 2.00Cisco Firepower 4110 NGFW Appliance, 1U, 2 x NetMod Bays $116,993.50$58,496.7500FPR4110-NGFW-K9 10.00*SNTC-8X5XNBD Cisco Firepower 4110 60 Month Service Duration $0.00$0.0000CON-SNT-FPR4110N 2017-12-19 Agenda Packet Page 295 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28524 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - Police/PublicWorks/LCDC/Animal Facility/RecCenters/Fire/Wireless TITLE: 4.00North America AC Type A Power Cable $0.00$0.0000CAB-TA-NA 2.00Firepower Extensible Operating System (FXOS) for FPR4K $0.00$0.0000SF-FXOS4K-2.1-K9 2.00Cisco Firepower Threat Defense software v6.2 $0.00$0.0000SF-FPR-TD6.2-K9 2.00Firepower 4000 Series SSD for FPR-4110/4120 $0.00$0.0000FPR4K-SSD200 2.00Firepower 4000 Series SSD Slot Carrier $0.00$0.0000FPR4K-SSD-BBLKD 2.001000BASE-T SFP transceiver module for Category 5 copper wire $0.00$0.0000GLC-TE 2.00FPR4K Hardware Accessory Kit (Rack Mounts, Cables)$0.00$0.0000FPR4K-ACC-KIT 12.00Firepower 4000 Series Fan $0.00$0.0000FPR4K-FAN 2.00Firepower 4000 Series 1100W AC Power Supply $0.00$0.0000FPR4K-PWR-AC-1100 2.00Firepower 4000 Series Rack Mount Kit $0.00$0.0000FPR4K-RACK-MNT 2.00Firepower 4000 Series Network Module Blank Slot Cover $0.00$0.0000FPR4K-NM-BLANK 2.00Firepower 4000 Series Network Module Blank Slot Cover $0.00$0.0000FPR4K-NM-BLANK 2.00Firepower 4000 Series 1100W AC Power Supply $5,193.50$2,596.7500FPR4K-PWR-AC-1100 2.00Cisco FPR4110 Threat Defense Threat and Malware License $0.00$0.0000L-FPR4110T-TM= 2.00Cisco FPR4110 Threat Defense Threat and Malware 5Y Subs $179,003.50$89,501.7500L-FPR4110T-TM-5Y 100.00*Cisco AnyConnect Plus Term License, Total Authorized Users $0.00$0.0000L-AC-PLS-LIC= 100.00Cisco AnyConnect Plus License, 5YR, 100-249 Users $1,137.50$11.3750L-AC-PLS-5Y-S2 Police Department 2.0010GBASE-LR SFP Module $5,193.50$2,596.7500SFP-10G-LR= Police Department - Connectivity between PD core a 40.0010GBASE-LRM SFP Module $28,600.00$715.0000SFP-10G-LRM= Police Department 5.0010GBASE-CU SFP+ Cable 1 Meter $325.00$65.0000SFP-H10GB-CU1M= Police Department - Core switches for PD 2.00Catalyst 9500 40-port 10Gig switch, Network Advantage $32,110.00$16,055.0000C9500-40X-A 10.00SNTC-8X5XNBD Catalyst 9500 40-port 10Gig switch, Netw 60 Month Service Duration $0.00$0.0000CON-SNT-C95004XA 2.00Cisco ONE Advantage High Term, C9500 $0.00$0.0000C1A1TCAT95001 2.00C1 Advantage High Term C9500 5Y - DNA, 25 ISE PLS, 25 SWATCH $25,181.00$12,590.5000C1A1TCAT95001-5Y 2.00Cisco ONE C9500 DNA Advantage 40P 10Gig Term licenses $0.00$0.0000C1-C9500-40-DNAA-T 2.00Cisco ONE Subscription SKU 5Y $0.00$0.0000C1-C9500-TRK-5Y 50.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 50.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 50.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 50.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 50.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 50.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 2.00CAT9500 Universal image $0.00$0.0000S9500UK9-166 2.00C9500 Network Stack, Advantage $0.00$0.0000C9500-NW-A 2017-12-19 Agenda Packet Page 296 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28524 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - Police/PublicWorks/LCDC/Animal Facility/RecCenters/Fire/Wireless TITLE: 2.00Catalyst 9500 network module blank cover $0.00$0.0000C9500-NM-BLANK 2.00950W AC Config 4 Power Supply front to back cooling $2,730.00$1,365.0000PWR-C4-950WAC-R 2.00950W AC Config 4 Power Supply front to back cooling $2,730.00$1,365.0000PWR-C4-950WAC-R/2 4.00North America AC Type A Power Cable $0.00$0.0000CAB-TA-NA Police Department - Extra switches for wireless 4.00Catalyst 9300 24-port UPOE, Network Advantage $15,652.00$3,913.0000C9300-24U-A 20.00SNTC-8X5XNBD Catalyst 9300 24-port UPOE, Network Adva 60 Month Service Duration $0.00$0.0000CON-SNT-C93002UA 4.00C9300 Network Advantage, 24-port license $0.00$0.0000C9300-NW-A-24 4.00*CAT9300 Universal image $0.00$0.0000S9300UK9-166 4.001100W AC Config 1 Power Supply $0.00$0.0000PWR-C1-1100WAC 4.001100W AC Config 1 Secondary Power Supply $4,940.00$1,235.0000PWR-C1-1100WAC/2 8.00North America AC Type A Power Cable $0.00$0.0000CAB-TA-NA 4.00Cisco ONE Advantage Term, C9300 24-Port $0.00$0.0000C1A1TCAT93001 4.00C1 Advantage Term C9300 24P 5Y-DNA, 25 ISE PLS, 25 SWATCH $11,336.00$2,834.0000C1A1TCAT93001-5Y 4.00Cisco ONE C9300 DNA Advantage 24-Port Term licenses $0.00$0.0000C1-C9300-24-DNAA-T 4.00*Cisco ONE Subscription SKU 5Y $0.00$0.0000C1-C9300-TRK-5Y 100.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 100.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 100.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 100.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 100.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 100.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 4.00Catalyst 9300 8 x 10GE Network Module $6,630.00$1,657.5000C9300-NM-8X 4.0050CM Type 1 Stacking Cable $260.00$65.0000STACK-T1-50CM 4.00Catalyst Stack Power Cable 30 CM $247.00$61.7500CAB-SPWR-30CM Police Department - connections for 24p switches 8.0010GBASE-LRM SFP Module $5,720.00$715.0000SFP-10G-LRM= Public Works 1.00Cisco ONE ISR 4451 (4GE,3NIM,2SM,8G FLASH,4G DRAM, IPB)$11,700.00$11,700.0000C1-CISCO4451/K9 5.00*SNTC-8X5XNBD C1 ISR 4451 (4GE,3NIM,2SM,8G FLASH) 60 Month Service Duration $0.00$0.0000CON-SNT-C14451K9 1.00Cisco ONE Promo LIC Akamai Connect for 2500 connection WAAS $0.00$0.0000C1-SL-2500-AKC 1.00IP Base License for Cisco ISR 4400 Series $0.00$0.0000SL-44-IPB-K9 1.00AC Power Supply for Cisco ISR 4450 and ISR4350 $0.00$0.0000PWR-4450-AC 1.00AC Power Cord (North America), C13, NEMA 5-15P, 2.1m $0.00$0.0000CAB-AC 1.00Cover for empty 2nd Power Supply slot on Cisco ISR 4450 $0.00$0.0000PWR-COVER-4450 2.00Cover for empty POE slot on Cisco ISR 4450 $0.00$0.0000POE-COVER-4450 1.0064-channel DSP module $0.00$0.0000PVDM4-64 2017-12-19 Agenda Packet Page 297 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28524 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - Police/PublicWorks/LCDC/Animal Facility/RecCenters/Fire/Wireless TITLE: 2.00Removable faceplate for SM slot on Cisco 2900,3900,4400 ISR $0.00$0.0000SM-S-BLANK 1.008G DRAM (4G+4G) for Cisco ISR 4400, Spare $0.00$0.0000MEM-4400-8G 2.00Blank faceplate for NIM slot on Cisco ISR 4400 $0.00$0.0000NIM-BLANK 1.008G eUSB Flash Memory for Cisco ISR 4430 $0.00$0.0000MEM-FLSH-8G 1.002G DRAM (1 DIMM) for Cisco ISR 4400 Data Plane $0.00$0.0000MEM-4400-DP-2G 1.00Cisco ONE Advanced UC Perpetual License ISR 4400 $2,600.00$2,600.0000C1AUPISR4400SK9 5.00*SWSS UPGRADES C1 Advanced Perpetual Lic ISR 4400 60 Month Service Duration $0.00$0.0000CON-ECMU-C1A4400S 1.00Unified Communication License for Cisco ISR 4400 Series $0.00$0.0000SL-44-UC-K9 1.00SRST-25 Seat License (CME uses CUCME Phone License ONLY)$0.00$0.0000FL-CME-SRST-25 1.00Unified Border Element Enterprise License - 25 sessions $0.00$0.0000FL-CUBEE-25 1.00Cisco ONE Foundation Perpetual License ISR 4400 $5,005.00$5,005.0000C1F1PISR4400SK9 5.00*SWSS UPGRADES Cisco ONE Foundation Perpetual License I 60 Month Service Duration $0.00$0.0000CON-ECMU-C1F1PISR 1.00Security License for Cisco ISR 4400 Series $0.00$0.0000SL-44-SEC-K9 1.00AppX License for Cisco ISR 4400 Series $0.00$0.0000SL-44-APP-K9 1.00ISRWAAS RTU for 2500 connections $0.00$0.0000ISRWAAS-RTU-2500 1.00VWAAS 2500 conns RTU for UCS-E on single ISR only $0.00$0.0000VWAAS-RTU-2500 1.00Cisco ONE PI Device License for LF, AS, & IWAN App for ISR $0.00$0.0000C1-PI-LFAS-ISR-K9 1.00*Cisco ONE Promo license to manage one WAAS node $0.00$0.0000C1-LIC-VCM-1N 1.00Cisco ISR 4400 Series IOS XE Universal $0.00$0.0000SISR4400UK9-316S 1.00Cisco Survivable Remote Site Telephony (SRST) License $0.00$0.0000FL-SRST 1.00SRST-100 Seat License (CME uses CUCME Phone License ONLY)$1,495.00$1,495.0000FL-CME-SRST-100 1.002-Port FXS/FXS-E/DID and 4-Port FXO Network Interface Module $910.00$910.0000NIM-2FXS/4FXO 1.00*Tracker PID v01 Adv Perpetual ISR4400S - no delivery $0.00$0.0000C1A1VISR4400S-01 Public Works - Edge switches - There are five exis 6.00Catalyst 9300 48-port UPOE, Network Advantage $40,989.00$6,831.5000C9300-48U-A 30.00SNTC-8X5XNBD Catalyst 9300 48-port UPOE, Network Adva 60 Month Service Duration $0.00$0.0000CON-SNT-C93004UA 6.00*C9300 Network Advantage, 48-port license $0.00$0.0000C9300-NW-A-48 6.001100W AC Config 1 Power Supply $0.00$0.0000PWR-C1-1100WAC 6.001100W AC Config 1 Secondary Power Supply $7,410.00$1,235.0000PWR-C1-1100WAC/2 6.00Catalyst 9300 8 x 10GE Network Module $9,945.00$1,657.5000C9300-NM-8X 6.00*Cisco ONE Advantage Term, C9300 48-port $0.00$0.0000C1A1TCAT93002 6.00*C1 Advantage Term C9300 48P 5Y - DNA, 25 ISE PLS, 25 SWATCH $27,651.00$4,608.5000C1A1TCAT93002-5Y 6.00*Cisco ONE C9300 DNA Advantage 48-Port Term licenses $0.00$0.0000C1-C9300-48-DNAA-T 6.00*Cisco ONE Subscription SKU 5Y $0.00$0.0000C1-C9300-TRK-5Y 150.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 150.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 2017-12-19 Agenda Packet Page 298 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28524 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - Police/PublicWorks/LCDC/Animal Facility/RecCenters/Fire/Wireless TITLE: 150.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 150.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 150.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 150.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 6.00*Cisco ONE Advantage Add-On Term, C9300 $0.00$0.0000C1AA1TCAT93001 6.00*C1 Advantage Add-On Term C9300 5Y - 25 ISE PLS, 25 SWATCH $4,836.00$806.0000C1AA1TCAT93001-5Y 150.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 150.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 150.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 150.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 150.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 150.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 6.00*CAT9300 Universal image $0.00$0.0000S9300UK9-166 12.00North America AC Type A Power Cable $0.00$0.0000CAB-TA-NA 6.0050CM Type 1 Stacking Cable $390.00$65.0000STACK-T1-50CM 6.00Catalyst Stack Power Cable 30 CM $370.50$61.7500CAB-SPWR-30CM Public Works 2.001000BASE-T SFP transceiver module for Category 5 copper wire $585.00$292.5000GLC-TE= Public Works 28.0010GBASE-LRM SFP Module $20,020.00$715.0000SFP-10G-LRM= 2.0010GBASE-CU SFP+ Cable 1 Meter $130.00$65.0000SFP-H10GB-CU1M= Public Works - Core switches for PW 2.00Catalyst 9500 40-port 10Gig switch, Network Advantage $32,110.00$16,055.0000C9500-40X-A 10.00SNTC-8X5XNBD Catalyst 9500 40-port 10Gig switch, Netw 60 Month Service Duration $0.00$0.0000CON-SNT-C95004XA 2.00Cisco ONE Advantage High Term, C9500 $0.00$0.0000C1A1TCAT95001 2.00C1 Advantage High Term C9500 5Y - DNA, 25 ISE PLS, 25 SWATCH $25,181.00$12,590.5000C1A1TCAT95001-5Y 2.00Cisco ONE C9500 DNA Advantage 40P 10Gig Term licenses $0.00$0.0000C1-C9500-40-DNAA-T 2.00Cisco ONE Subscription SKU 5Y $0.00$0.0000C1-C9500-TRK-5Y 50.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 50.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 50.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 50.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 50.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 50.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 2.00CAT9500 Universal image $0.00$0.0000S9500UK9-166 2.00C9500 Network Stack, Advantage $0.00$0.0000C9500-NW-A 2.00Catalyst 9500 network module blank cover $0.00$0.0000C9500-NM-BLANK 2.00950W AC Config 4 Power Supply front to back cooling $2,730.00$1,365.0000PWR-C4-950WAC-R 2017-12-19 Agenda Packet Page 299 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28524 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - Police/PublicWorks/LCDC/Animal Facility/RecCenters/Fire/Wireless TITLE: 2.00950W AC Config 4 Power Supply front to back cooling $2,730.00$1,365.0000PWR-C4-950WAC-R/2 4.00North America AC Type A Power Cable $0.00$0.0000CAB-TA-NA Living Coast Discovery Center 1.00Cisco ONE ISR 4451 (4GE,3NIM,2SM,8G FLASH,4G DRAM, IPB)$11,700.00$11,700.0000C1-CISCO4451/K9 5.00*SNTC-8X5XNBD C1 ISR 4451 (4GE,3NIM,2SM,8G FLASH) 60 Month Service Duration $0.00$0.0000CON-SNT-C14451K9 1.00Cisco ONE Promo LIC Akamai Connect for 2500 connection WAAS $0.00$0.0000C1-SL-2500-AKC 1.00IP Base License for Cisco ISR 4400 Series $0.00$0.0000SL-44-IPB-K9 1.00AC Power Supply for Cisco ISR 4450 and ISR4350 $0.00$0.0000PWR-4450-AC 1.00AC Power Cord (North America), C13, NEMA 5-15P, 2.1m $0.00$0.0000CAB-AC 1.00Cover for empty 2nd Power Supply slot on Cisco ISR 4450 $0.00$0.0000PWR-COVER-4450 2.00Cover for empty POE slot on Cisco ISR 4450 $0.00$0.0000POE-COVER-4450 1.0064-channel DSP module $0.00$0.0000PVDM4-64 2.00Removable faceplate for SM slot on Cisco 2900,3900,4400 ISR $0.00$0.0000SM-S-BLANK 1.008G DRAM (4G+4G) for Cisco ISR 4400, Spare $0.00$0.0000MEM-4400-8G 2.00Blank faceplate for NIM slot on Cisco ISR 4400 $0.00$0.0000NIM-BLANK 1.008G eUSB Flash Memory for Cisco ISR 4430 $0.00$0.0000MEM-FLSH-8G 1.002G DRAM (1 DIMM) for Cisco ISR 4400 Data Plane $0.00$0.0000MEM-4400-DP-2G 1.00Cisco ONE Advanced UC Perpetual License ISR 4400 $2,600.00$2,600.0000C1AUPISR4400SK9 5.00*SWSS UPGRADES C1 Advanced Perpetual Lic ISR 4400 60 Month Service Duration $0.00$0.0000CON-ECMU-C1A4400S 1.00Unified Communication License for Cisco ISR 4400 Series $0.00$0.0000SL-44-UC-K9 1.00SRST-25 Seat License (CME uses CUCME Phone License ONLY)$0.00$0.0000FL-CME-SRST-25 1.00Unified Border Element Enterprise License - 25 sessions $0.00$0.0000FL-CUBEE-25 1.00Cisco ONE Foundation Perpetual License ISR 4400 $5,005.00$5,005.0000C1F1PISR4400SK9 5.00*SWSS UPGRADES Cisco ONE Foundation Perpetual License I 60 Month Service Duration $0.00$0.0000CON-ECMU-C1F1PISR 1.00Security License for Cisco ISR 4400 Series $0.00$0.0000SL-44-SEC-K9 1.00AppX License for Cisco ISR 4400 Series $0.00$0.0000SL-44-APP-K9 1.00ISRWAAS RTU for 2500 connections $0.00$0.0000ISRWAAS-RTU-2500 1.00VWAAS 2500 conns RTU for UCS-E on single ISR only $0.00$0.0000VWAAS-RTU-2500 1.00Cisco ONE PI Device License for LF, AS, & IWAN App for ISR $0.00$0.0000C1-PI-LFAS-ISR-K9 1.00*Cisco ONE Promo license to manage one WAAS node $0.00$0.0000C1-LIC-VCM-1N 1.00Cisco ISR 4400 Series IOS XE Universal $0.00$0.0000SISR4400UK9-316S 1.002-Port FXS/FXS-E/DID and 4-Port FXO Network Interface Module $910.00$910.0000NIM-2FXS/4FXO 1.00*Tracker PID v01 Adv Perpetual ISR4400S - no delivery $0.00$0.0000C1A1VISR4400S-01 Living Coast Discovery Center - Per Hermon, one 48 1.00Catalyst 9300 48-port UPOE, Network Advantage $6,831.50$6,831.5000C9300-48U-A 5.00SNTC-8X5XNBD Catalyst 9300 48-port UPOE, Network Adva 60 Month Service Duration $0.00$0.0000CON-SNT-C93004UA 2017-12-19 Agenda Packet Page 300 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28524 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - Police/PublicWorks/LCDC/Animal Facility/RecCenters/Fire/Wireless TITLE: 1.00*C9300 Network Advantage, 48-port license $0.00$0.0000C9300-NW-A-48 1.001100W AC Config 1 Power Supply $0.00$0.0000PWR-C1-1100WAC 1.001100W AC Config 1 Secondary Power Supply $1,235.00$1,235.0000PWR-C1-1100WAC/2 1.00*Cisco ONE Advantage Term, C9300 48-port $0.00$0.0000C1A1TCAT93002 1.00*C1 Advantage Term C9300 48P 5Y - DNA, 25 ISE PLS, 25 SWATCH $4,608.50$4,608.5000C1A1TCAT93002-5Y 1.00*Cisco ONE C9300 DNA Advantage 48-Port Term licenses $0.00$0.0000C1-C9300-48-DNAA-T 1.00*Cisco ONE Subscription SKU 5Y $0.00$0.0000C1-C9300-TRK-5Y 25.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 25.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 25.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 25.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 25.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 25.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 1.00*Cisco ONE Advantage Add-On Term, C9300 $0.00$0.0000C1AA1TCAT93001 1.00*C1 Advantage Add-On Term C9300 5Y - 25 ISE PLS, 25 SWATCH $806.00$806.0000C1AA1TCAT93001-5Y 25.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 25.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 25.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 25.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 25.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 25.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 1.00*CAT9300 Universal image $0.00$0.0000S9300UK9-166 2.00North America AC Type A Power Cable $0.00$0.0000CAB-TA-NA 1.00No Network Module Selected $0.00$0.0000C9300-NM-NONE 1.00No Stack Cable Selected $0.00$0.0000C9300-STACK-NONE 1.00No Stack Power Cable Selected $0.00$0.0000C9300-SPWR-NONE 1.00Cisco Catalyst Type 1 Network Module Blank $0.00$0.0000NM-BLANK-T1 Animal Care Facility 1.00Cisco ONE ISR 4321 (2GE,2NIM,4G FLASH,4G DRAM,IPB)$1,296.75$1,296.7500C1-CISCO4321/K9 5.00*SNTC-8X5XNBD C1 ISR 4321 (2GE,2NIM,4G FLASH) 60 Month Service Duration $0.00$0.0000CON-SNT-C14321K9 1.00Cisco ONE Promo LIC Akamai Connect for 200 connection WAAS $0.00$0.0000C1-SL-200-AKC 1.00IP Base License for Cisco ISR 4320 Series $0.00$0.0000SL-4320-IPB-K9 1.00AC Power Supply for Cisco ISR 4320 $0.00$0.0000PWR-4320-AC 1.00AC Power Cord, Type C5, US, Canada $0.00$0.0000CAB-AC-C5 1.004G to 8G DRAM Upgrade (Fixed 4G + additional 4G) for ISR4320 $0.00$0.0000MEM-4320-4GU8G 1.00Blank faceplate for NIM slot on Cisco ISR 4400 $0.00$0.0000NIM-BLANK 1.008G eUSB Flash Memory for Cisco ISR 4430 $0.00$0.0000MEM-FLSH-8G 1.00Cisco ONE Foundation Perpetual License ISR 4321 $1,202.50$1,202.5000C1F1PISR4320SK9 2017-12-19 Agenda Packet Page 301 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28524 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - Police/PublicWorks/LCDC/Animal Facility/RecCenters/Fire/Wireless TITLE: 5.00*SWSS UPGRADES C1 Foundation Perpetual Lic ISR 4321 60 Month Service Duration $0.00$0.0000CON-ECMU-C1F4320S 1.00Security License for Cisco ISR 4320 Series $0.00$0.0000SL-4320-SEC-K9 1.00AppX License for Cisco ISR 4320 Series $0.00$0.0000SL-4320-APP-K9 1.00ISRWAAS software 200 conns for ISR4300 series $0.00$0.0000ISRWAAS-200-RTU 1.00SWSS UPGRADES ISRWAAS software 200 conns for ISR4300 s 60 Month Service Duration $0.00$0.0000CON-ECMU-ISRW200 1.00Cisco ONE PI Device License for LF, AS, & IWAN App for ISR $0.00$0.0000C1-PI-LFAS-ISR-K9 1.00*Cisco ONE Promo license to manage one WAAS node $0.00$0.0000C1-LIC-VCM-1N 1.00Cisco ONE Advanced UC Perpetual License ISR 4321 $715.00$715.0000C1AUPISR4320SK9 5.00*SWSS UPGRADES C1 Advanced UC Perpetual Lic ISR 4321 60 Month Service Duration $0.00$0.0000CON-ECMU-C1A4320S 1.00Unified Communication License for Cisco ISR 4320 Series $0.00$0.0000SL-4320-UC-K9 1.00SRST-25 Seat License (CME uses CUCME Phone License ONLY)$0.00$0.0000FL-CME-SRST-25 2.00Unified Border Element Enterprise License - 5 sessions $0.00$0.0000FL-CUBEE-5 1.00Cisco ISR 4300 Series IOS XE Universal $0.00$0.0000SISR4300UK9-316S 1.002-Port FXS/FXS-E/DID and 4-Port FXO Network Interface Module $910.00$910.0000NIM-2FXS/4FXO 1.00Tracker PID v01 Adv Perpetual ISR4320S - no delivery $0.00$0.0000C1A1VISR4320S-01 1.00Tracker PID v04 Fnd Perpetual ISR4320S - no delivery $0.00$0.0000C1F1VISR4320S-04 Animal Care Facility 1.00Catalyst 9300 48-port UPOE, Network Advantage $6,831.50$6,831.5000C9300-48U-A 5.00SNTC-8X5XNBD Catalyst 9300 48-port UPOE, Network Adva 60 Month Service Duration $0.00$0.0000CON-SNT-C93004UA 1.00*C9300 Network Advantage, 48-port license $0.00$0.0000C9300-NW-A-48 1.001100W AC Config 1 Power Supply $0.00$0.0000PWR-C1-1100WAC 1.001100W AC Config 1 Secondary Power Supply $1,235.00$1,235.0000PWR-C1-1100WAC/2 1.00*Cisco ONE Advantage Term, C9300 48-port $0.00$0.0000C1A1TCAT93002 1.00*C1 Advantage Term C9300 48P 5Y - DNA, 25 ISE PLS, 25 SWATCH $4,608.50$4,608.5000C1A1TCAT93002-5Y 1.00*Cisco ONE C9300 DNA Advantage 48-Port Term licenses $0.00$0.0000C1-C9300-48-DNAA-T 1.00*Cisco ONE Subscription SKU 5Y $0.00$0.0000C1-C9300-TRK-5Y 25.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 25.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 25.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 25.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 25.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 25.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 1.00*Cisco ONE Advantage Add-On Term, C9300 $0.00$0.0000C1AA1TCAT93001 1.00*C1 Advantage Add-On Term C9300 5Y - 25 ISE PLS, 25 SWATCH $806.00$806.0000C1AA1TCAT93001-5Y 25.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 2017-12-19 Agenda Packet Page 302 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28524 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - Police/PublicWorks/LCDC/Animal Facility/RecCenters/Fire/Wireless TITLE: 25.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 25.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 25.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 25.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 25.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 1.00*CAT9300 Universal image $0.00$0.0000S9300UK9-166 2.00North America AC Type A Power Cable $0.00$0.0000CAB-TA-NA 1.00No Stack Cable Selected $0.00$0.0000C9300-STACK-NONE 1.00No Network Module Selected $0.00$0.0000C9300-NM-NONE 1.00No Stack Power Cable Selected $0.00$0.0000C9300-SPWR-NONE 1.00Cisco Catalyst Type 1 Network Module Blank $0.00$0.0000NM-BLANK-T1 Recreation Centers 9.00Cisco ONE ISR 4321 (2GE,2NIM,4G FLASH,4G DRAM,IPB)$11,670.75$1,296.7500C1-CISCO4321/K9 45.00*SNTC-8X5XNBD C1 ISR 4321 (2GE,2NIM,4G FLASH) 60 Month Service Duration $0.00$0.0000CON-SNT-C14321K9 9.00Cisco ONE Promo LIC Akamai Connect for 200 connection WAAS $0.00$0.0000C1-SL-200-AKC 9.00IP Base License for Cisco ISR 4320 Series $0.00$0.0000SL-4320-IPB-K9 9.00AC Power Supply for Cisco ISR 4320 $0.00$0.0000PWR-4320-AC 9.00AC Power Cord, Type C5, US, Canada $0.00$0.0000CAB-AC-C5 9.004G to 8G DRAM Upgrade (Fixed 4G + additional 4G) for ISR4320 $0.00$0.0000MEM-4320-4GU8G 9.00Blank faceplate for NIM slot on Cisco ISR 4400 $0.00$0.0000NIM-BLANK 9.008G eUSB Flash Memory for Cisco ISR 4430 $0.00$0.0000MEM-FLSH-8G 9.00Cisco ONE Foundation Perpetual License ISR 4321 $10,822.50$1,202.5000C1F1PISR4320SK9 45.00*SWSS UPGRADES C1 Foundation Perpetual Lic ISR 4321 60 Month Service Duration $0.00$0.0000CON-ECMU-C1F4320S 9.00Security License for Cisco ISR 4320 Series $0.00$0.0000SL-4320-SEC-K9 9.00AppX License for Cisco ISR 4320 Series $0.00$0.0000SL-4320-APP-K9 9.00ISRWAAS software 200 conns for ISR4300 series $0.00$0.0000ISRWAAS-200-RTU 9.00SWSS UPGRADES ISRWAAS software 200 conns for ISR4300 s 60 Month Service Duration $0.00$0.0000CON-ECMU-ISRW200 9.00Cisco ONE PI Device License for LF, AS, & IWAN App for ISR $0.00$0.0000C1-PI-LFAS-ISR-K9 9.00*Cisco ONE Promo license to manage one WAAS node $0.00$0.0000C1-LIC-VCM-1N 9.00Cisco ONE Advanced UC Perpetual License ISR 4321 $6,435.00$715.0000C1AUPISR4320SK9 45.00*SWSS UPGRADES C1 Advanced UC Perpetual Lic ISR 4321 60 Month Service Duration $0.00$0.0000CON-ECMU-C1A4320S 9.00Unified Communication License for Cisco ISR 4320 Series $0.00$0.0000SL-4320-UC-K9 9.00SRST-25 Seat License (CME uses CUCME Phone License ONLY)$0.00$0.0000FL-CME-SRST-25 18.00Unified Border Element Enterprise License - 5 sessions $0.00$0.0000FL-CUBEE-5 9.00Cisco ISR 4300 Series IOS XE Universal $0.00$0.0000SISR4300UK9-316S 2017-12-19 Agenda Packet Page 303 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28524 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - Police/PublicWorks/LCDC/Animal Facility/RecCenters/Fire/Wireless TITLE: 9.002-Port FXS/FXS-E/DID and 4-Port FXO Network Interface Module $8,190.00$910.0000NIM-2FXS/4FXO 9.00Tracker PID v01 Adv Perpetual ISR4320S - no delivery $0.00$0.0000C1A1VISR4320S-01 9.00Tracker PID v04 Fnd Perpetual ISR4320S - no delivery $0.00$0.0000C1F1VISR4320S-04 Recreation Centers - Per Hermon, one 24p switch pe 9.00Catalyst 9300 24-port UPOE, Network Advantage $35,217.00$3,913.0000C9300-24U-A 45.00SNTC-8X5XNBD Catalyst 9300 24-port UPOE, Network Adva 60 Month Service Duration $0.00$0.0000CON-SNT-C93002UA 9.00C9300 Network Advantage, 24-port license $0.00$0.0000C9300-NW-A-24 9.00*CAT9300 Universal image $0.00$0.0000S9300UK9-166 9.001100W AC Config 1 Power Supply $0.00$0.0000PWR-C1-1100WAC 9.001100W AC Config 1 Secondary Power Supply $11,115.00$1,235.0000PWR-C1-1100WAC/2 18.00North America AC Type A Power Cable $0.00$0.0000CAB-TA-NA 9.00No Stack Cable Selected $0.00$0.0000C9300-STACK-NONE 9.00No Stack Power Cable Selected $0.00$0.0000C9300-SPWR-NONE 9.00Cisco ONE Advantage Term, C9300 24-Port $0.00$0.0000C1A1TCAT93001 9.00C1 Advantage Term C9300 24P 5Y-DNA, 25 ISE PLS, 25 SWATCH $25,506.00$2,834.0000C1A1TCAT93001-5Y 9.00Cisco ONE C9300 DNA Advantage 24-Port Term licenses $0.00$0.0000C1-C9300-24-DNAA-T 9.00*Cisco ONE Subscription SKU 5Y $0.00$0.0000C1-C9300-TRK-5Y 225.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 225.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 225.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 225.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 225.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 225.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 9.00No Network Module Selected $0.00$0.0000C9300-NM-NONE 9.00Cisco Catalyst Type 1 Network Module Blank $0.00$0.0000NM-BLANK-T1 Fire Stations 9.00Cisco ONE ISR 4321 (2GE,2NIM,4G FLASH,4G DRAM,IPB)$11,670.75$1,296.7500C1-CISCO4321/K9 45.00*SNTC-8X5XNBD C1 ISR 4321 (2GE,2NIM,4G FLASH) 60 Month Service Duration $0.00$0.0000CON-SNT-C14321K9 9.00Cisco ONE Promo LIC Akamai Connect for 200 connection WAAS $0.00$0.0000C1-SL-200-AKC 9.00IP Base License for Cisco ISR 4320 Series $0.00$0.0000SL-4320-IPB-K9 9.00AC Power Supply for Cisco ISR 4320 $0.00$0.0000PWR-4320-AC 9.00AC Power Cord, Type C5, US, Canada $0.00$0.0000CAB-AC-C5 9.004G to 8G DRAM Upgrade (Fixed 4G + additional 4G) for ISR4320 $0.00$0.0000MEM-4320-4GU8G 9.00Blank faceplate for NIM slot on Cisco ISR 4400 $0.00$0.0000NIM-BLANK 9.008G eUSB Flash Memory for Cisco ISR 4430 $0.00$0.0000MEM-FLSH-8G 9.00Cisco ONE Foundation Perpetual License ISR 4321 $10,822.50$1,202.5000C1F1PISR4320SK9 45.00*SWSS UPGRADES C1 Foundation Perpetual Lic ISR 4321 60 Month Service Duration $0.00$0.0000CON-ECMU-C1F4320S 2017-12-19 Agenda Packet Page 304 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28524 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - Police/PublicWorks/LCDC/Animal Facility/RecCenters/Fire/Wireless TITLE: 9.00Security License for Cisco ISR 4320 Series $0.00$0.0000SL-4320-SEC-K9 9.00AppX License for Cisco ISR 4320 Series $0.00$0.0000SL-4320-APP-K9 9.00ISRWAAS software 200 conns for ISR4300 series $0.00$0.0000ISRWAAS-200-RTU 9.00SWSS UPGRADES ISRWAAS software 200 conns for ISR4300 s 60 Month Service Duration $0.00$0.0000CON-ECMU-ISRW200 9.00Cisco ONE PI Device License for LF, AS, & IWAN App for ISR $0.00$0.0000C1-PI-LFAS-ISR-K9 9.00*Cisco ONE Promo license to manage one WAAS node $0.00$0.0000C1-LIC-VCM-1N 9.00Cisco ONE Advanced UC Perpetual License ISR 4321 $6,435.00$715.0000C1AUPISR4320SK9 45.00*SWSS UPGRADES C1 Advanced UC Perpetual Lic ISR 4321 60 Month Service Duration $0.00$0.0000CON-ECMU-C1A4320S 9.00Unified Communication License for Cisco ISR 4320 Series $0.00$0.0000SL-4320-UC-K9 9.00SRST-25 Seat License (CME uses CUCME Phone License ONLY)$0.00$0.0000FL-CME-SRST-25 18.00Unified Border Element Enterprise License - 5 sessions $0.00$0.0000FL-CUBEE-5 9.00Cisco ISR 4300 Series IOS XE Universal $0.00$0.0000SISR4300UK9-316S 9.002-Port FXS/FXS-E/DID and 4-Port FXO Network Interface Module $8,190.00$910.0000NIM-2FXS/4FXO 9.00Tracker PID v01 Adv Perpetual ISR4320S - no delivery $0.00$0.0000C1A1VISR4320S-01 9.00Tracker PID v04 Fnd Perpetual ISR4320S - no delivery $0.00$0.0000C1F1VISR4320S-04 Fire Stations - Stations 4 and 7 get 48p switches 2.00Catalyst 9300 48-port UPOE, Network Advantage $13,663.00$6,831.5000C9300-48U-A 10.00SNTC-8X5XNBD Catalyst 9300 48-port UPOE, Network Adva 60 Month Service Duration $0.00$0.0000CON-SNT-C93004UA 2.00*C9300 Network Advantage, 48-port license $0.00$0.0000C9300-NW-A-48 2.001100W AC Config 1 Power Supply $0.00$0.0000PWR-C1-1100WAC 2.001100W AC Config 1 Secondary Power Supply $2,470.00$1,235.0000PWR-C1-1100WAC/2 2.00*Cisco ONE Advantage Term, C9300 48-port $0.00$0.0000C1A1TCAT93002 2.00*C1 Advantage Term C9300 48P 5Y - DNA, 25 ISE PLS, 25 SWATCH $9,217.00$4,608.5000C1A1TCAT93002-5Y 2.00*Cisco ONE C9300 DNA Advantage 48-Port Term licenses $0.00$0.0000C1-C9300-48-DNAA-T 2.00*Cisco ONE Subscription SKU 5Y $0.00$0.0000C1-C9300-TRK-5Y 50.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 50.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 50.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 50.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 50.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 50.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 2.00*Cisco ONE Advantage Add-On Term, C9300 $0.00$0.0000C1AA1TCAT93001 2.00*C1 Advantage Add-On Term C9300 5Y - 25 ISE PLS, 25 SWATCH $1,612.00$806.0000C1AA1TCAT93001-5Y 50.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 50.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 50.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 2017-12-19 Agenda Packet Page 305 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28524 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - Police/PublicWorks/LCDC/Animal Facility/RecCenters/Fire/Wireless TITLE: 50.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 50.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 50.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 2.00*CAT9300 Universal image $0.00$0.0000S9300UK9-166 4.00North America AC Type A Power Cable $0.00$0.0000CAB-TA-NA 2.00No Network Module Selected $0.00$0.0000C9300-NM-NONE 2.00No Stack Cable Selected $0.00$0.0000C9300-STACK-NONE 2.00No Stack Power Cable Selected $0.00$0.0000C9300-SPWR-NONE 2.00Cisco Catalyst Type 1 Network Module Blank $0.00$0.0000NM-BLANK-T1 Fire Stations - Per Hermon, Stations 4 and 7 need 7.00Catalyst 9300 24-port UPOE, Network Advantage $27,391.00$3,913.0000C9300-24U-A 35.00SNTC-8X5XNBD Catalyst 9300 24-port UPOE, Network Adva 60 Month Service Duration $0.00$0.0000CON-SNT-C93002UA 7.00C9300 Network Advantage, 24-port license $0.00$0.0000C9300-NW-A-24 7.00*CAT9300 Universal image $0.00$0.0000S9300UK9-166 7.001100W AC Config 1 Power Supply $0.00$0.0000PWR-C1-1100WAC 7.001100W AC Config 1 Secondary Power Supply $8,645.00$1,235.0000PWR-C1-1100WAC/2 14.00North America AC Type A Power Cable $0.00$0.0000CAB-TA-NA 7.00No Stack Cable Selected $0.00$0.0000C9300-STACK-NONE 7.00No Stack Power Cable Selected $0.00$0.0000C9300-SPWR-NONE 7.00Cisco ONE Advantage Term, C9300 24-Port $0.00$0.0000C1A1TCAT93001 7.00C1 Advantage Term C9300 24P 5Y-DNA, 25 ISE PLS, 25 SWATCH $19,838.00$2,834.0000C1A1TCAT93001-5Y 7.00Cisco ONE C9300 DNA Advantage 24-Port Term licenses $0.00$0.0000C1-C9300-24-DNAA-T 7.00*Cisco ONE Subscription SKU 5Y $0.00$0.0000C1-C9300-TRK-5Y 175.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 175.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 175.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 175.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 175.00*Cisco ONE StealthWatch License Term - 1 Flow License $0.00$0.0000C1-SWATCH-T 175.00*Cisco ONE Subscription SWATCH SKU 5Y $0.00$0.0000C1-SWATCH-TRK-5Y 7.00No Network Module Selected $0.00$0.0000C9300-NM-NONE 7.00Cisco Catalyst Type 1 Network Module Blank $0.00$0.0000NM-BLANK-T1 Wireless 4.0010GBASE-SR SFP Module $2,587.00$646.7500SFP-10G-SR= Wireless 4.0010GBASE-SR SFP Module $2,587.00$646.7500SFP-10G-SR= Wireless - Primary WLC for City Hall - 100 Cisco ONE licenses 1.00Cisco ONE - 5520 Wireless Controller w/rack mounting kit $13,000.00$13,000.0000C1-AIR-CT5520-K9 5.00*SNTC-8X5XNBD Cisco 5520 Wireless Controller w/rack mo 60 Month Service Duration $0.00$0.0000CON-SNT-CT5520K9 2017-12-19 Agenda Packet Page 306 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28524 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - Police/PublicWorks/LCDC/Animal Facility/RecCenters/Fire/Wireless TITLE: 2.00Power Cord, 125VAC 13A NEMA 5-15 Plug, North America $0.00$0.0000CAB-9K12A-NA 1.00*Cisco 5520 Wireless Controller DTLS License $0.00$0.0000LIC-CT5520-DTLS-K9 1.00PCIe Network Interface 20G $0.00$0.0000AIR-CT6870-NIC-K9 1.00Cisco 5520 Wireless Controller Security Bezel $0.00$0.0000AIR-BZL-C220M4 1.00770W AC Hot-Plug Power Supply for 5520 Controller $0.00$0.0000AIR-PSU1-770W 1.001.90 GHz E5-2609 v3/85W 6C/15MB Cache/DDR4 1600MHz $0.00$0.0000AIR-CPU-E52609D 1.0032GB SD Card for UCS servers $0.00$0.0000AIR-SD-32G-S 1.00240GB 2.5 inch Enterprise Value 6G SATA SSD $0.00$0.0000AIR-SD240GBKS4-EV 4.008GB DDR4-2133-MHz RDIMM/PC4-17000/single rank/x4/1.2v $0.00$0.0000AIR-MR-1X081RU-A 1.00Trusted Platform Module 1.2 for UCS (SPI-based)$0.00$0.0000AIR-TPM2-001 1.00*Cisco 5520 Wireless Controller SW Rel. 8.2 $0.00$0.0000AIR-CT5520-SW-8.2 100.00Cisco ONE Advantage Term Wireless $0.00$0.0000C1A1TAIRK9 100.00Cisco ONE Advantage Term Wireless 5Y $65,000.00$650.0000C1A1TAIRK9-5Y 100.00Cisco ONE DNA Term License Wireless $0.00$0.0000C1-AIR-DNA-A 100.00Cisco ONE DNA Term License for WLAN 5Y $0.00$0.0000C1-AIR-DNA-A-5Y 100.00Cisco ONE Wireless LAN Controller Term License $0.00$0.0000C1-WLC-AP-T 100.00Cisco ONE Wireless LAN Controller AP Term License 5Y $0.00$0.0000C1-WLC-AP-5Y 100.00Cisco ONE PI Dev Lic for Lifecycle & Assurance Term $0.00$0.0000C1-PI-LFAS-AP-T 100.00Cisco ONE PI Dev Lic for Lifecycle & Assurance Term 5Y $0.00$0.0000C1-PI-LFAS-AP-5Y 100.00Cisco ONE Mobility Services Engine Base Location Term $0.00$0.0000C1-MSE-LS-1-T 100.00Cisco ONE Mobility Services Engine Base Location Term 5Y $0.00$0.0000C1-MSE-LS-1-5Y 1500.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 1500.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 1500.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 1500.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 1.00770W AC Hot-Plug Power Supply for 5520 Controller $454.35$454.3500AIR-PSU1-770W Wireless - Redundant WLC for City Hall (SSO mode) 1.00Cisco ONE - 5520 Wireless Controller w/rack mounting kit $13,000.00$13,000.0000C1-AIR-CT5520-K9 5.00*SNTC-8X5XNBD Cisco 5520 Wireless Controller w/rack mo 60 Month Service Duration $0.00$0.0000CON-SNT-CT5520K9 2.00Power Cord, 125VAC 13A NEMA 5-15 Plug, North America $0.00$0.0000CAB-9K12A-NA 1.00*Cisco 5520 Wireless Controller DTLS License $0.00$0.0000LIC-CT5520-DTLS-K9 1.00PCIe Network Interface 20G $0.00$0.0000AIR-CT6870-NIC-K9 1.00Cisco 5520 Wireless Controller Security Bezel $0.00$0.0000AIR-BZL-C220M4 1.00770W AC Hot-Plug Power Supply for 5520 Controller $0.00$0.0000AIR-PSU1-770W 1.001.90 GHz E5-2609 v3/85W 6C/15MB Cache/DDR4 1600MHz $0.00$0.0000AIR-CPU-E52609D 1.0032GB SD Card for UCS servers $0.00$0.0000AIR-SD-32G-S 1.00240GB 2.5 inch Enterprise Value 6G SATA SSD $0.00$0.0000AIR-SD240GBKS4-EV 4.008GB DDR4-2133-MHz RDIMM/PC4-17000/single rank/x4/1.2v $0.00$0.0000AIR-MR-1X081RU-A 2017-12-19 Agenda Packet Page 307 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28524 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - Police/PublicWorks/LCDC/Animal Facility/RecCenters/Fire/Wireless TITLE: 1.00Trusted Platform Module 1.2 for UCS (SPI-based)$0.00$0.0000AIR-TPM2-001 1.00*Cisco 5520 Wireless Controller SW Rel. 8.2 $0.00$0.0000AIR-CT5520-SW-8.2 1.00770W AC Hot-Plug Power Supply for 5520 Controller $454.35$454.3500AIR-PSU1-770W Wireless - (30) for City Hall, (15) for Public Wor 100.00802.11ac W2 AP w/CA; 4x4:3; Mod; Int Ant; mGig A Domain $107,250.00$1,072.5000AIR-AP3802I-A-K9 100.00Ceiling Grid Clip for Aironet APs - Recessed Mount (Default)$0.00$0.0000AIR-AP-T-RAIL-R 100.00Cisco Aironet 3800 Series CAPWAP Software Image $0.00$0.0000SW3802-CAPWAP-K9 100.00802.11n AP Universal Mounting Bracket $0.00$0.0000AIR-AP-BRACKET-2 Wireless - (1) for PD, (1) for Public Works 2.00Cisco ONE - 3504 Wireless Controller $6,500.00$3,250.0000C1-AIR-CT3504-K9 10.00*SNTC-8X5XNBD Cisco ONE - 3504 Wireless Controller 60 Month Service Duration $0.00$0.0000CON-SNT-C19AIRKC 2.00AC Power Cord, Type C5, US, Canada $0.00$0.0000CAB-AC-C5 2.00Cisco 3504 Wireless Controller DTLS License $0.00$0.0000LIC-CT3504-DTLS-K9 2.00SWSS UPGRADES Cisco 3504 Wireless Controller DTLS Lice 60 Month Service Duration $0.00$0.0000CON-ECMU-LICDCT35 2.00Cisco 3504 Wireless Controller SW Rel. 8.5 $0.00$0.0000AIR-CT3504-SW-8.5 2.00SNTC-8X5XNBD Cisco 3504 Wireless Controller SW Rel. 8 60 Month Service Duration $0.00$0.0000CON-SNT-AIRWCT354 2.00Cisco 3504 Wireless Controller Power Supply $0.00$0.0000PWR-115W-AC 2.003504 Wireless Controller Rack Mount Tray $292.50$146.2500AIR-CT3504-RMNT 2.00Cisco ONE Advantage Term Wireless $0.00$0.0000C1A1TAIRK9 2.00Cisco ONE Advantage Term Wireless 5Y $1,300.00$650.0000C1A1TAIRK9-5Y 2.00Cisco ONE DNA Term License Wireless $0.00$0.0000C1-AIR-DNA-A 2.00Cisco ONE DNA Term License for WLAN 5Y $0.00$0.0000C1-AIR-DNA-A-5Y 2.00Cisco ONE Wireless LAN Controller Term License $0.00$0.0000C1-WLC-AP-T 2.00Cisco ONE Wireless LAN Controller AP Term License 5Y $0.00$0.0000C1-WLC-AP-5Y 2.00Cisco ONE PI Dev Lic for Lifecycle & Assurance Term $0.00$0.0000C1-PI-LFAS-AP-T 2.00Cisco ONE PI Dev Lic for Lifecycle & Assurance Term 5Y $0.00$0.0000C1-PI-LFAS-AP-5Y 2.00Cisco ONE Mobility Services Engine Base Location Term $0.00$0.0000C1-MSE-LS-1-T 2.00Cisco ONE Mobility Services Engine Base Location Term 5Y $0.00$0.0000C1-MSE-LS-1-5Y 30.00*Cisco ONE ISE BASE License Term $0.00$0.0000C1-ISE-BASE-T 30.00*Cisco ONE Subscription ISE BASE 5Y $0.00$0.0000C1-ISE-BASE-TRK-5Y 30.00*Cisco ONE ISE PLUS License Term $0.00$0.0000C1-ISE-PLS-T 30.00*Cisco ONE Subscription SKU ISE Plus 5Y $0.00$0.0000C1-ISE-PLS-TRK-5Y 2017-12-19 Agenda Packet Page 308 December 6,2017Chula Vista, City of 276 Fourth Ave Chula Vista, CA 91910 Gary Halbert PROPOSAL NIC Partners Inc. 11981 Jack Benny Drive, Ste. 103 Rancho Cucamonga, CA 91739 COMPANY ADDRESS CONTACT PHONE SALES REP. DATE EXPIRY DATE January 5,2018 PHONE City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 COMPANY ADDRESS BILL TO:JOB LOCATION: CONTACT 28524 MATTHEW ROBBART PHONE.(909)257-2733 EXT EMAIL.mrobbart@nicpartnersinc.com PART #QTYDESCRIPTION UNIT PRICE TOTAL PRICE FF - Chula Vista, City of-Comprehensive Tech Refresh - Police/PublicWorks/LCDC/Animal Facility/RecCenters/Fire/Wireless TITLE: Non-Taxable Material:$505,089.00 $923,762.45 $71,591.59 $0.00 $0.00 $0.00 $0.00 $1,500,443.04TOTAL: Printed: 12/07/17 Date: Page 16 of 1 Name: By: Authorized Signature By signing this proposal, your acknowledge that you are authorized to enter into a binding agreement on behalf of your company/organization, and (unless governed by public sector purchasing contract/agreement) you agree to the terms and conditions below. Taxable Material: Service/Maintenance: Shipping: Other Services: Labor: Tax: 2017-12-19 Agenda Packet Page 309 2017-12-19 Agenda Packet Page 310 2017-12-19 Agenda Packet Page 311 2017-12-19 Agenda Packet Page 312 2017-12-19 Agenda Packet Page 313 2017-12-19 Agenda Packet Page 314 2017-12-19 Agenda Packet Page 315 2017-12-19 Agenda Packet Page 316 2017-12-19 Agenda Packet Page 317 2017-12-19 Agenda Packet Page 318 2017-12-19 Agenda Packet Page 319 2017-12-19 Agenda Packet Page 320 2017-12-19 Agenda Packet Page 321 2017-12-19 Agenda Packet Page 322 2017-12-19 Agenda Packet Page 323 2017-12-19 Agenda Packet Page 324 2017-12-19 Agenda Packet Page 325 2017-12-19 Agenda Packet Page 326 2017-12-19 Agenda Packet Page 327 2017-12-19 Agenda Packet Page 328 2017-12-19 Agenda Packet Page 329 2017-12-19 Agenda Packet Page 330 2017-12-19 Agenda Packet Page 331 2017-12-19 Agenda Packet Page 332 2017-12-19 Agenda Packet Page 333 2017-12-19 Agenda Packet Page 334 2017-12-19 Agenda Packet Page 335 2017-12-19 Agenda Packet Page 336 2017-12-19 Agenda Packet Page 337 2017-12-19 Agenda Packet Page 338 2017-12-19 Agenda Packet Page 339 2017-12-19 Agenda Packet Page 340 2017-12-19 Agenda Packet Page 341 2017-12-19 Agenda Packet Page 342 2017-12-19 Agenda Packet Page 343 2017-12-19 Agenda Packet Page 344 2017-12-19 Agenda Packet Page 345 2017-12-19 Agenda Packet Page 346                                 Statement of Work  City of Chula Vista   Technology Refresh  December 06, 2017          Prepared For:  Gary Halbert  City of Chula Vista   276 Fourth Ave  Chula Vista, CA 91910  Phone: 619‐691‐5031  ghalbert@chulavistaca.gov         Prepared By: Steven Vargas  NIC Partners, Inc.  11981 Jack Benny Drive, Suite 103  Rancho Cucamonga, CA 91739  Phone: 909‐ 919‐2703  svargas@NicPartnersInc.com  Account Manager:  Matt Robbart  NIC Partners   11981 Jack Benny Drive, Suite 103  Rancho Cucamonga, CA 91739  Phone: 909‐257‐2733  mrobbart@NicPartnersInc.com  This Statement of Work (SOW) is made and entered into between Network Integration Company Partners, Inc.  hereinafter referred to as “NIC Partners”, with offices at 11981 Jack Benny Dr., Rancho Cucamonga, CA 91739 and  City of Chula Vista, hereinafter referred to as “CUSTOMER” This SOW defines the services and deliverables that  NIC Partners shall provide to the Customer under the terms of the Agreement (“Services”).  The terms of this  SOW are limited to the Scope of this SOW and shall not be applicable to any other Scopes of Work, which may be  executed and attached to this Agreement.  Acceptance of this proposal is subject to the standard NIC Partners  Terms and Conditions attached herewith.  The information contained in this SOW is confidential and privileged.  It is intended to be reviewed only by the  Organization named above.  If you are not an authorized employee of the organization, you are hereby notified  that any review, dissemination or copying of this SOW is prohibited.   2017-12-19 Agenda Packet Page 347                               11981 Jack Benny Dr. Rancho Cucamonga, CA 91739  (909) 919‐2800  (909) 919‐7997 fax    2 CITY OF CHULA VISTA ‐ TECHNOLOGY REFRESH City of Chula Vista ‐ Technology Refresh       Project overview:  NIC Partners has been in discussions with the City of Chula Vista regarding network equipment and  services required to provide the base infrastructure which will be needed for successful Smart City  projects. The City has requested a solution that prioritizes security and automation for ease of  maintenance, and would cover the City’s needs for base infrastructure, and network security.  The project will consist of the following components:   Cisco Catalyst 9000 series switches and ISR 4000 series routers for the base network  infrastructure   Cisco DNA Center for intent‐based network configuration and automation   Cisco ISE for identity management and TrustSec   Cisco ASR routers for BGP multi‐homing the Internet connection across dual ISPs   Cisco security products, including Firepower 4000 series next‐gen firewalls, AMP for Endpoints,  Umbrella for filtering of DNS requests, and StealthWatch for anomaly detection   Cisco wireless access points and controllers    Customer Locations:   City Hall   Police Department   Public Works   Fire Stations (9)   Living Coast Discovery Center   Animal Care Facility   Recreation Centers (9)      Services to be performed by NIC Partners:    During the low‐level design phase of the project, the following information will be collected and defined:   Active Directory information   Categorize common user groups and the systems they are permitted to access   Applications to permit or deny access to network‐wide   Desired virtual networks (VNs), such as VNs for Guest, HVAC, SCADA, IP Camera, Quarantine,  etc.  VNs will be used inside of the SD‐Access fabric(s), and VRFs may be used outside of the  fabric(s) if necessary.   Acceptable authentication methods for wired and wireless devices   Wireless radio resource management features and options   QoS policies and traffic classification   E911 requirements and PSAP information   Existing paging systems and paging group requirements   OVA sizing for Cisco Collaboration applications  2017-12-19 Agenda Packet Page 348                               11981 Jack Benny Dr. Rancho Cucamonga, CA 91739  (909) 919‐2800  (909) 919‐7997 fax    3 CITY OF CHULA VISTA ‐ TECHNOLOGY REFRESH  VLANs   Routing / Protocols   Multicast   IP addresses and ranges   DHCP configuration – which device or server?   Hypervisor configuration details   Application requirements   Standard operating systems & patch levels to deploy   Login/password information and requirements   SNMP strings and telnet/SSH requirements for remote login   Copper/fiber patch cable requirements and availability   Power and rack space requirements for equipment in IDFs/MDF   Requirements for post‐installation testing and customer sign‐off documents   Project implementation dates and project close‐out procedure   Centralized infrastructure monitoring applications & report scheduling   Wireless access point installation locations & associated cabling   Any design requirements that were not explicitly stated here, but are necessary for a successful  implementation.    At each of the locations indicated in the Customer Locations section of this document, NIC Partners  will perform the following Professional Services tasks:     Perform discovery of the following network components:  o Existing network equipment:   Routers   Switches   Firewalls   Wireless   Other critical network appliances and devices (content filters, etc)  o Network closet conditions:   Power   Rack space, depth, and screw type   Patch cable types and length   Fiber backbone type (OM1,2,3,4,SM1,2) and fiber patch cable type  o Document logical configuration on network equipment:   VLANs   IP addresses and routes   QoS policies   ACLs   Special configurations  o Create port map indicating which VLAN or L3 interface is assigned to each port in the  cable patch panel     Replace existing switches with the new equipment specified in the bill of materials  2017-12-19 Agenda Packet Page 349                               11981 Jack Benny Dr. Rancho Cucamonga, CA 91739  (909) 919‐2800  (909) 919‐7997 fax    4 CITY OF CHULA VISTA ‐ TECHNOLOGY REFRESH o Un‐patch existing fiber & copper patch cables from switches  o Remove old switches  o Install new switches (pre‐configured for the designated location)  o Connect equipment to UPS (if provided) or to wall power  o Re‐patch fiber and copper patch cables according to the port map previously created in  the discovery phase   New patch cables will be used if they are included in the bill of materials or  provided by Customer  o Dress the cables such that they presentable and not blocking other equipment from  being installed in or removed from the rack   Existing cable management devices will be used if available  o Verify configuration of new equipment and adjust if necessary  o Verify functionality of critical end user devices connected to switch     Replace existing routers with the new equipment specified in the bill of materials  o Un‐patch existing fiber & copper patch cables from routers  o Remove old routers  o Install new routers (pre‐configured for the designated location)  o Connect equipment to UPS (if provided) or to wall power  o Re‐patch fiber and copper patch cables according to the port map previously created in  the discovery phase   New patch cables will be used if they are included in the bill of materials or  provided by Customer  o Dress the cables such that they presentable and not blocking other equipment from  being installed in or removed from the rack   Existing cable management devices will be used if available  o Verify configuration of new equipment and adjust if necessary  o Verify route tables, routing protocols, redistribution, ACLs, QoS, etc.     Replace existing firewalls with the new equipment specified in the bill of materials  o Un‐patch existing fiber & copper patch cables from firewalls  o Remove old firewalls  o Install new firewalls (pre‐configured for the designated location)  o Install new Firepower Management Console appliance (if applicable)  o Connect equipment to UPS (if provided) or to wall power  o Re‐patch fiber and copper patch cables according to the port map previously created in  the discovery phase   New patch cables will be used if they are included in the bill of materials or  provided by Customer  o Dress the cables such that they presentable and not blocking other equipment from  being installed in or removed from the rack   Existing cable management devices will be used if available  o Verify configuration of new equipment and adjust if necessary  2017-12-19 Agenda Packet Page 350                               11981 Jack Benny Dr. Rancho Cucamonga, CA 91739  (909) 919‐2800  (909) 919‐7997 fax    5 CITY OF CHULA VISTA ‐ TECHNOLOGY REFRESH o Verify route tables, routing protocols, NAT/PAT, ACLs, QoS, IPS & AMP, etc.  Internet Connectivity  The intent of this project component is to provide the Customer with equipment that will connect to  two or more ISPs at speeds of 10 Gbps or less using a multi‐homed BGP configuration for resiliency and  load‐sharing.     Assist Customer with arranging dual ISPs for BGP  o Confirm that Customer has filed paperwork for their own IP address range with ARIN  o Confirm that Customer has filed paperwork for their own AS number with ARIN  o Confirm that Customer has two or more Internet circuits installed and functional  o Confirm that Customer has filed paperwork with all directly‐connected ISPs allowing  Customer to use BGP to advertise its own public IP address range and ASN through  those ISPs   Identify whether the ISPs are providing the full routing table, partial routing  table, or default route only, and modify configurations as needed.     Set up connection to ISPs using new equipment  o This procedure is assuming that the Customer has two or more ISPs available, and is  assuming that IPv4 is used exclusively with those ISPs.   If the Customer has only a single ISP available, or does not plan to migrate to a  multi‐homed Internet connection before the end of this project, then the BGP  aspect of the configuration may be skipped.  o Configure the ASR1001X routers to connect to the upstream ISPs   If there are two upstream ISPs, then each ASR router should only connect to one  ISP. If there are more than two ISPs, then they should be split evenly across the  two ASR routers.  o Configure the ASR1001X routers to advertise the Customer’s own public IP address  range to the ISPs using BGP and the Customer’s own ASN.   Route filtering should be used so that only the Customer’s local address range is  advertised to other ISPs.    Inbound and outbound metrics should be adjusted so the utilization of both  connections is roughly proportional.  o The ASR routers should be connected to a pair of stacked Catalyst 9500 switches, to be  considered the ‘Outside’ switches.   Multichassis EtherChannel should be used to allow the ASR routers to connect  to both switches over a single logical connection (per router) for high‐ availability.   If a DMZ is desired, the ports on the Catalyst 9500 switches should be separated  into two VRFs: Outside and DMZ. The ‘Outside’ VRF connects the Outside  interface(s) on the firewall to the ASR routers, and the ‘DMZ’ VRF connects the  DMZ interface(s) on the firewall to DMZ servers and equipment.    2017-12-19 Agenda Packet Page 351                               11981 Jack Benny Dr. Rancho Cucamonga, CA 91739  (909) 919‐2800  (909) 919‐7997 fax    6 CITY OF CHULA VISTA ‐ TECHNOLOGY REFRESH  Set up new Internet firewalls  o Load the latest stable Firepower Threat Defense 6.x software platform onto the firewall  appliances.  o Configure the new firewalls for the following features, assuming IPv4 only:   NAT traffic from the Inside to the Outside using the Customer’s own public IP  address range   Permit traffic from the Inside to the DMZ without NAT   Configure static NAT translations from the Outside to requisite services on the  DMZ and/or inside networks where necessary.   Configure IPS services in monitor mode (no blocking).   After running in monitor mode for one week, export reports to  Customer so they may identify critical services which are unintentionally  being marked as ‘bad’.  o Tune the IPS rules according to Customer’s input, and turn on  blocking mode.   Enable AnyConnect VPN connectivity for remote users  o The firewall Inside interfaces should be connected to the City Hall core Catalyst 9500  switches using Multichassis EtherChannel where possible for high‐availability. The  Outside interface(s) will be connected to the Outside switch/VRF and the DMZ  interface(s) will be connected to the DMZ switch/VRF.     Set up Firepower Management Center  o The Firepower Management Center appliance should be connected to the network at 1  Gbps via RJ45 copper cables  o The FMC should be configured to manage all firewalls in this project, including the City  Hall firewalls and Police Department firewalls.   Enable multitenancy support by creating the following domains within FMC and  associating them with their corresponding firewall(s):   City Hall   Police Department   Each domain will have its own user accounts to enable the different divisions  within the City to manage their own equipment.      General Routing & Switching  The intent of this project component is to provide the Customer with a policy‐driven system for  managing and operating their routing & switching infrastructure. Cisco’s DNA Center will serve as the  single‐pane‐of‐glass management interface for translating intent into action across switches, routers,  wireless access points, and (in the future) firewalls. The components that make this work include DNA  Center, ISE, Campus Fabric, and the various controllers for each technology (Catalyst 9000 switches,  ISR4XXX routers, 5520/3504 wireless controllers). The equipment, user groups, and policies can all be  defined in the DNA Center     2017-12-19 Agenda Packet Page 352                               11981 Jack Benny Dr. Rancho Cucamonga, CA 91739  (909) 919‐2800  (909) 919‐7997 fax    7 CITY OF CHULA VISTA ‐ TECHNOLOGY REFRESH  Design the route/switch underlay network upon which the fabric overlay will ride  o Use the Network Plug & Play function in DNA Center (wherever possible) to automate  the deployment of network gear. If network configuration must be done manually, the  following guidelines should be followed:   Increase default MTU to 9100 bytes   Use layer 3 links from the network core to the edge   Use point‐to‐point links   Use a dedicated IGP process for the fabric   Use /32 addresses for loopbacks on each network device and propagate them  via IGP using route tags     Install Cisco ISE  o Load (4) ISE 2.3 virtual machines into the existing VMware environment  o Perform basic setup of ISE virtual machines including administration account(s), IP  address, DNS server address, NTP server address, etc.  o Configure two of the ISE VMs as Policy Administration Nodes (PANs) in high‐availability  mode.  o Configure two of the ISE VMs as Policy Service Nodes (PSNs).  o Integrate ISE with Customer’s Active Directory  o Enable ERS (external RESTful services) to allow DNA Center to communicate with ISE.   Enable ERS read/write   Create ERS admin account in ISE   Enable SXP service, passive identify service, and PxGrid     Set up DNA Center  o Load or update DNA Center 1.x (APIC‐EM 2.x) software on the (3) DNA Center appliances  o Set up CIMC for remote administration  o Complete basic setup for the appliance. If asked for a CCO account, use the Customer’s  account. Ensure that the Customer’s account is associated with the Smartnet contracts.  o Configure integration with ISE  o Define ISE PSNs as AAA servers  o Import switches, routers, and WLCs, and their corresponding device credentials  o Import maps and floorplans  o Define IP address pools  o Define wireless profiles: SSIDs, authentication methods, security type, etc  o Define security policies: virtual networks (VNs), user groups and access rights (contracts)  as determined in the low‐level design process.  o Add Netflow Collector and SNMP Trap services as necessary for Stealthwatch.  o Associate hardware to sites and policies, and provision according to the timeline &  schedule determined in the low‐level design meeting.    2017-12-19 Agenda Packet Page 353                               11981 Jack Benny Dr. Rancho Cucamonga, CA 91739  (909) 919‐2800  (909) 919‐7997 fax    8 CITY OF CHULA VISTA ‐ TECHNOLOGY REFRESH The table below illustrates which sites will participate in software‐defined access (SD‐Access) based on  the size of the location and the equipment that will be available.  Locations Main Fabric Individual Fabric  Not on  Fabric  City Hall LAN x      City Hall Core x      City Hall Datacenter      x  City Hall Internet      x  Police Department   x    Public Works   x    Animal Care Facility      x  Living Coast Discovery      x  Recreation Centers      x     Install and configure Cisco Nexus 9K switches in the datacenter.  o The Nexus 9K switches will operate in NX‐OS mode.  o The Nexus 9K switches should be connected to each other and to the network core at 40 Gbps provided that single-mode fiber infrastructure is in place. If single-mode fiber is not available between the network core and the datacenter, then NIC Partners will connect the equipment at the highest speed supported by existing infrastructure. o Connectivity to the network core will be via point‐to‐point layer 3 connections.  o The pair of Nexus 9K switches will function in virtual port‐channel mode so both  network core switches and servers can have ‘teamed’ connections to them.    Security  The intent of this project component is to provide the Customer with network security software which  will provide multiple layers of protection against threats such as exploits, ransomware, and other  malware.   Umbrella will be used to filter and report on DNS queries from within the network and for clients who  are roaming outside of the network.   AMP for Endpoints will be used to proactively identify threats which are run on Windows and Mac OS‐X  machines, and retrospectively identify threats that result from changed disposition on files.   StealthWatch will leverage Netflow from the switches to identify anomalies within the network traffic  on the LAN. This will allow the IT staff to quickly identify security problems like breaches, rogue servers,  traffic from suspect countries, protocols which do not belong on the LAN, and other issues.     Set up Umbrella  o Redeem Umbrella licensing and associate to Customer’s SMART account  o Create administrative user account in Umbrella for Customer (allow Customer to change  password)  o Configure Customer’s public IP address range(s) and associate with the default policy  o Configure Customer’s internal networks and associate them with the default policy   Summarize address ranges where possible  2017-12-19 Agenda Packet Page 354                               11981 Jack Benny Dr. Rancho Cucamonga, CA 91739  (909) 919‐2800  (909) 919‐7997 fax    9 CITY OF CHULA VISTA ‐ TECHNOLOGY REFRESH o Deploy Active Directory connector to Customer’s AD domain controller  o Deploy (3) Umbrella virtual appliances to Customer’s existing VMWare environment   Each instance of Umbrella virtual appliance should be on a separate host  o Configure Umbrella internal domains  o Connect Umbrella’s external logging system to Customer’s Amazon S3 bucket   If Customer does not have an Amazon S3 bucket available, then this task can be  ignored  o Tune policies as defined in the low‐level design process  o Test deployment of Umbrella by changing the DNS server of (2) test machines to use the  Umbrella virtual appliances for DNS   Verify that requests for internal sites are being forwarded to internal DNS  servers by the Umbrella virtual appliances   Verify that requests for ‘good’ web sites are proceeding as expected   A request for a ‘bad’ site can be simulated by visiting  http://www.internetbadguys.com   Verify that the correct data is showing up in the Umbrella reports  o Demonstrate to customer how Umbrella agent software can be deployed on mobile  Windows and Mac OS‐X devices to protect roaming clients.   Optionally, the Umbrella plug‐in for AnyConnect may be used instead of the  agent software if desired.     Set up AMP for Endpoints  o Redeem AMP for Endpoints licensing and associate to Customer’s SMART account  o Create administrative user account in AMP portal for Customer   Allow Customer to change password if desired  o Customize endpoint groups, policies, and exclusions as defined in the low‐level design  process   Identify which clients should have ETHOS & SPERO enabled  o Demonstrate AMP for Endpoints portal administrative tasks to Customer IT team  o Test deployment of AMP for Endpoints client to (3) separate customer‐owned endpoints   Customer will be responsible for deploying AMP for Endpoints software to  clients in the production network     Set up StealthWatch  o Install each StealthWatch component   Note: StealthWatch components can be deployed through DNA Center  o Configure the firewall(s) to allow communications with the StealthWatch products  o Change System admin & root passwords  o Use the Appliance Setup Tool to configure the following settings for each appliance:   Host and domain information   DNS settings   NTP settings  o After setting up the SMC, use the System Setup Tool to configure the following:  2017-12-19 Agenda Packet Page 355                               11981 Jack Benny Dr. Rancho Cucamonga, CA 91739  (909) 919‐2800  (909) 919‐7997 fax    10 CITY OF CHULA VISTA ‐ TECHNOLOGY REFRESH  IP address ranges   Add FlowCollectors to system   Add FlowSensors   Configure SMTP Service   Configure SNMP polling   Set Internet Access and proxy server (if applicable)   Active license  o Launch the Appliance Admin interface for each product and configure these general  settings:   Configure the system time   Change the Admin password   Configure the FlowSensor application ID and payload   Configure flow replicator rules  o Launch the SMC client software from the web app interface and configure the following:   Verify that the SMC is seeing traffic   Create an Admin user account   Add an identify device   Add SLIC Threat Feed feature   Place all default IP space for the network into the ‘Catch All’ host group  o Configure network equipment to forward Netflow data to the StealthWatch  FlowCollectors.  Wireless  The intent of this project component is to provision high‐quality wireless service across the City’s  buildings (exact AP locations will be determined at the low‐level design meeting). The wireless  controllers will be located at the City Hall, Public Works, and Police Department. These APs will function  in fabric mode (if supported at time of installation) with their configuration being defined in the DNA  Center. Other APs may operate in FlexConnect mode and register with the controllers at City Hall.     Configure new Cisco wireless controllers for network connectivity and administration credentials  o The 5520 controllers will be located at the City Hall in an HA SSO pair, and will  participate in the SD‐Access fabric (if software feature set permits at time of  installation).  o The 3504 controllers will be located at the Police Department, and Public Works  buildings. They will participate in the SD‐Access fabric (if software feature set permits at  time of installation).   For APs which will become part of the SD‐Access fabric:  o Within DNA Center, perform the following tasks:   Place the location of all installed access points on the maps/floorplans.   Create global SSIDs   Create wireless interfaces for the SSIDs to use   Associate end user groups with sites and policies   Provision fabric APs and WLCs   For APs which will not become part of the SD‐Access fabric:  o Configure non‐fabric APs to be in FlexConnect mode  2017-12-19 Agenda Packet Page 356                               11981 Jack Benny Dr. Rancho Cucamonga, CA 91739  (909) 919‐2800  (909) 919‐7997 fax    11 CITY OF CHULA VISTA ‐ TECHNOLOGY REFRESH  The APs will function as bridges, and will be configured with the VLANs that are  used with the wireless network.   Map APs to global SSIDs and associated authentication methods   For all APs, review wireless RRM features and options with the Customer and configure  accordingly.   Review wireless QoS settings with the Customer and provision accordingly.      General Deployment Methodology    1. The project kick‐off, low‐level design, and site survey will take place.  2. If there is sufficient rack space, fiber backbone, and power available, the New City Hall core and  LAN equipment will be installed in a ‘parallel’ network alongside the existing equipment.  a. The routers functioning as border nodes will be required to de‐encapsulate the VXLAN  traffic destined for remote sites, the Internet, and the datacenter.  3. DNA Center, ISE, Stealthwatch, and other network services will be brought online and  configured.  4. Once the SD‐Access fabric is up and running, end user devices at the City Hall will be migrated to  the new LAN switches, and the old switches can be removed from the network.  a. The new wireless LAN controllers shall be installed, and City Hall wireless access points  replaced with new 802.11AC wave 2 fabric‐enabled APs.  b. Repeat this process at the Police Station, and Public Works facilities; each of these  locations will have its own fabric. The remaining locations will not participate in the SD‐ Access fabric.  5. Replace equipment at the Animal Care Facility, Living Coast Discovery Center, (9) recreation  centers, and (9) fire stations as the schedule permits.  a. At these locations, new wireless access points can be deployed at the same time as the  LAN switches and routers.  Project Constraints     NICP will discuss CCV IT Team with the implementation details in order to avoid service impact.    Assumptions and Exclusions     Services not specifically documented in this agreement are considered out of scope and will be  addressed with a separate Work Authorization, SOW or Change Order.   Customer is responsible for all multicast configuration on their network to support InformaCast  Paging System.    Spark users can register for free, depending on the service there will be a fee. This is something  that NIC Partners and CCV will need to discuss at low level meeting.    The pricing is for the implementation services only and does not include pricing for travel and living  expenses.  NIC Partners will bill travel and living expenses on an as‐incurred, cost‐only basis, if  required.  2017-12-19 Agenda Packet Page 357                               11981 Jack Benny Dr. Rancho Cucamonga, CA 91739  (909) 919‐2800  (909) 919‐7997 fax    12 CITY OF CHULA VISTA ‐ TECHNOLOGY REFRESH  Public CA signed Certificates will be the responsible of CCV for applications that needed a CA signed  cert.   DNS/AD/DHCP configuration will be the responsible of CCV.   It is assumed that CCV is using exchange server as a mail server to integrate with Unity Connection  for Unified messaging.   NIC Partners assumed customer network VoIP QoS is to best practice.   The pricing and deliverables descriptions contained within this agreement represent our current  understanding of the overall voice mail and IVR/processes needed at this time.  Should additional  discussion reveal additional complexity or effort, they will be handled via the Change Order (CR)  process.   This quote is valid for 60 days from date of quotation.   All parties involved understand that some projects call for short timeframes to implementation.   However, Implementation timelines and schedules will be verified and negotiated following the  project kick‐off.      NIC Partners will generally perform all implementation services and travel during normal business  hours: 9:00 a.m. ‐ 5:00 p.m., Monday through Friday.  Work performed outside of normal business  hours. Anything beyond that must be negotiated through a Change Management process and  additional fees will apply, unless otherwise specifically identified in this SOW.      Specific tasks outside this SOW include, but are not limited to:    Efforts required to provide support for or diagnose issues related to unsupported platform  elements are specifically not included within the scope of this agreement.      Revision Notes    First draft 11/20/17 – SV     2017-12-19 Agenda Packet Page 358                               11981 Jack Benny Dr. Rancho Cucamonga, CA 91739  (909) 919‐2800  (909) 919‐7997 fax    13 CITY OF CHULA VISTA ‐ TECHNOLOGY REFRESH City of Chula Vista – Technology Refresh        Stakeholders, Roles & Responsibilities    City of Chula Vista – Technology Refresh  Project Team Contacts  Name Company Role Phone Email    Gary Halbert      City of Chula  Vista     City Manager    619‐691‐5031      ghalbert@chulavistaca.gov  Steven Vargas NIC Partners Sales Engineer 909‐919‐2703 svargas@nicpartnersinc.com  Matt Robbart    NIC Partners Account Manager 909‐257‐2733 mrobbart@NicPartnersInc.com                                                      2017-12-19 Agenda Packet Page 359                               11981 Jack Benny Dr. Rancho Cucamonga, CA 91739  (909) 919‐2800  (909) 919‐7997 fax    14 CITY OF CHULA VISTA ‐ TECHNOLOGY REFRESH   City of Chula Vista – Technology Refresh    Customer Responsibilities    If the project is to be successful, Customer must commit to the following general obligations  unless specifically specified otherwise in this SOW:    1. Provide approved purchase orders in a timely manner, to ensure that hardware and software  (if required) will be obtained before the commencement of any phase where needed.    2. Appoint a lead technical resource that will be the point of contact for all technical questions.    3. Meet with NIC Partners Engineer to provide adequate input into the design requirements.    4. Ensure that adequate physical access to project locations (rooms, equipment, and wall jacks)  be afforded to NIC Partners personnel such that they can complete the integration and  design work in a timely manner.   5. Provide security clearance and access to facilities, as required.  This includes badges,  passwords, access cards, parking privileges. This includes access to PCs and desktop systems.  6. Ensure customer provided wiring is in place and functioning per manufacturer specifications.  7. Customer is responsible for all cabling and cross connecting of wires needed to complete any  of the project tasks for PCs and servers.  8. Provide patch cords for all newly installed equipment, if applicable (if not purchased with the  new equipment).  IP Phones come with a single patch cord out of the box.  9. Configuration outside of the requirements for the product being installed will not be  performed.  NIC Partners and the customer must agree jointly on a configuration change and  document that change as a Change Order to the project.  10. Provide the necessary power and access to power sources for all equipment being installed.  11. If customer‐provided racks/enclosures are used, sufficient space must be afforded to fit new  equipment. If the new equipment will not fit in existing racks/enclosures, a change order will  be issued by NIC Partners, which may potentially result in additional labor and/or cost.  12. Provide adequate cooling for newly installed equipment (not included in statement of work).  13. Perform any configuration necessary on all end‐users’ personal computers.  NIC Partners is  not responsible for software conflicts caused by standard installation of customer software.  14. Ensure accuracy of data/information supplied to NIC Partners.  15. Provide NIC Partners Engineers with appropriate extensions, specific codes and zone  information for voice projects.  16. Provide a complete list of any required usernames and logon IDs, where needed.  17. Assist in testing on any required integrated systems.  18. Customer is responsible for all system backups upon project completion.  19. Customer will provide adequate training facilities, if applicable.   20. Customer understands that training on any NIC Partners‐installed hardware or software is  not provided unless specifically written in Project Specifications section of this SOW.  21. Customer understands that change orders issued after project commencement will be  evaluated for impact to the project, and may result in the need for additional time and cost.  2017-12-19 Agenda Packet Page 360                               11981 Jack Benny Dr. Rancho Cucamonga, CA 91739  (909) 919‐2800  (909) 919‐7997 fax    15 CITY OF CHULA VISTA ‐ TECHNOLOGY REFRESH City of Chula Vista – Technology Refresh    Acceptance Criteria    NIC Partners will determine, in conjunction with the customer at the customer kickoff meeting,  what the acceptance criteria will be for this project to enable a successful completion to the  satisfaction of both NIC Partners and Customer.  These criteria are used to demonstrate the  successful installation and operation of the required services for Customer and this project within  the scope of this Statement of Work.     During this project, NIC Partners may request that you initial and date each criterion to signify  acceptance.  Upon successful completion of all tests, NIC Partners will provide Customer with a  Project Completion Form.  Customer agrees to promptly sign the Project Completion Form to  confirm the completion of the project described in this Statement of Work.  Please see Appendix  C ‐ Completion Certificate at the end of this document.    If additional work other than that listed in this SOW Project Specifications is required, NIC  Partners reserves the right to document and incorporate a Change Order to this Statement of  Work. Please see Appendix B ‐ Change Order Request Form, at the end of this document.    Project Pricing    Please refer to the following NICP Quotes:       28523 ‐ FF ‐ Chula Vista, City of‐Comprehensive Tech Refresh ‐ City  Hall/Security/Spares/Cables/Learning Credits/GoldMile ‐ NASPO   28524 ‐ FF ‐ Chula Vista, City of‐Comprehensive Tech Refresh ‐ Police/PublicWorks/LCDC/Animal  Facility/RecCenters/Fire/Wireless – NASPO   28522 ‐ Chula Vista, City of‐Comprehensive Tech Refresh ‐ Professional Services ‐ NASPO    Payment Schedule    NIC Partners will bill 100% of equipment and materials upon receipt and 25% of labor upon  execution of contract. Additional labor invoices shall be submitted once a month for labor  performed during that month.    Cancellation of Contract    A 30‐day notice must be given in writing for all cancellation or change in personnel requests.  If  the customer requests a new project lead/consultant, NIC Partners will work to fill that role as  soon as possible within that 30‐day period.       If the customer cancels the contract after work has been performed, customer is liable for  services completed to date.  Customer agrees to pay for the amount of services rendered.  2017-12-19 Agenda Packet Page 361                               11981 Jack Benny Dr. Rancho Cucamonga, CA 91739  (909) 919‐2800  (909) 919‐7997 fax    16 CITY OF CHULA VISTA ‐ TECHNOLOGY REFRESH City of Chula Vista – Technology Refresh    Proposal Acceptance / Change Management Procedures    After both parties sign this Statement of Work document, no change to the statement of work  shall be entertained by either party unless both parties agree to and sign a completed Change  Order Request (Appendix B).     Engineering support not specified in this Statement of Work is billable at published hourly rates.   Any delays caused by the customer’s equipment, facility, personnel, or network provider shall be  billed on a time and materials basis in one‐hour minimums. Services provided do not include  troubleshooting problems related to existing network infrastructures. NIC Partners is not liable  for configurations or integration work not performed by NIC Partners.     AGREEMENT PROVISIONS: This agreement includes the attached terms and conditions and any  amendments which have been signed by both parties.    Network Integration Company Partners, Inc.  City of Chula Vista    By:                 By:        Name:        Name: ___       Title:        Title:        Date:        Date:        2017-12-19 Agenda Packet Page 362                               11981 Jack Benny Dr. Rancho Cucamonga, CA 91739  (909) 919‐2800  (909) 919‐7997 fax    17 CITY OF CHULA VISTA ‐ TECHNOLOGY REFRESH   Standard Terms and Conditions    PAYMENT TERMS:  NIC Partners will bill 100% of equipment and materials upon receipt and 25%  of labor upon execution of contract. Additional labor invoices shall be submitted once a month  for labor performed during that month. A late payment charge of 1 ½ % per month (18% annually)  may be applied to amounts outstanding ten days (10) days after the date of the statement.   EQUIPMENT PAYMENT TERMS:  Established accounts, Educational Institutions and Government  Agencies are net 30 days. All others are payment in full prior to shipping. Customer agrees to pay  finance charge on all over due balances.  INTEREST:  If payment is not received by NIC PARTNERS within 30 calendar days of the invoice  date, the Customer shall pay as interest an additional charge of 1 ½% (or the maximum allowable  by law, whichever is lower) of the PAST DUE amount per month. Payment thereafter shall first be  applied to accrued interest and then to the unpaid principal.  TAXES:  Prices shown may not include all sales or other taxes imposed on the sale of goods and  services.  Taxes now or here after imposed upon sales or shipments shall be added to the purchase  price.  Buyer agrees to reimburse Seller for any such tax or provide Seller with acceptable tax  exemption.  COLLECTION COSTS:  In the event legal action is necessary to enforce the payment provisions of  this Agreement, NIC PARTNERS shall be entitled to collect from the Customer any judgment or  settlement sums due, reasonable attorneys' fees, court costs and expenses incurred by NIC  PARTNERS in connection therewith and, in addition, the reasonable value of NIC PARTNERS time  and expenses spent in connection with such collection action, computed at NIC PARTNERS  prevailing fee schedule and expense policies.  SUSPENSION OF SERVICES:  If the Customer fails to make payments when due or otherwise is in  breach of this Agreement, NIC PARTNERS may suspend performance of services upon five (5)  calendar days' notice to the Customer. NIC PARTNERS shall have no liability whatsoever to the  Customer for any costs or damages as a result of such suspension caused by any breach of this  Agreement by the Customer.  TERMINATION OF SERVICES:  If the Customer fails to make payment to NIC PARTNERS in  accordance with the payment terms herein, this shall constitute a material breach of this  Agreement and shall be cause for termination by NIC PARTNERS.  SET‐OFFS, BACKCHARGES, DISCOUNTS:  Payment of invoices is in no case subject to unilateral  discounting or set‐offs by the Customer, and payment is due regardless of suspension or  termination of this Agreement by either party.  INDEMNITY AND INSURANCE:  Each party shall be responsible for and hold the other party  harmless from any loss sustained by such party relating to death, bodily injury, or damage to  tangible physical property which is caused by the negligent acts or omissions of the party's agents  or employees.  NIC PARTNERS shall obtain and keep in force at all times liability insurance  coverage for bodily injury, death, and property damage in an amount not less than One Million  Dollars ($1,000,000.00)  BOND: Costs of Performance and Payment bond is not included.  If required, NIC PARTNERS shall  furnish Customer, in a form satisfactory to Customer, full and duly executed Performance and  Payment Bonds, underwritten by a surety or sureties satisfactory to the Customer, in the full  amount of this Agreement.  Cost of such bonds to be paid directly by Customer.  ARBITRATION:  All claims, disputes, and other matters in question arising out of, or relating to,  this Contract or the breach thereof, shall be decided by arbitration in accordance with the  Construction Industry Arbitration Rules of the American Arbitration Association then obtaining  unless the parties mutually agree otherwise.  This agreement to arbitrate shall be specifically  enforceable under the prevailing arbitration law.  The award rendered by the arbitrators shall be  final, and judgment may be entered upon it in accordance with applicable law in any court having  jurisdiction thereof.  Notice of the demand for arbitration shall be filed in writing with the other  party and with the American Arbitration Association.  The demand for arbitration shall be made  within a reasonable time after the claim, dispute, or other matter in question has arisen, but in  no event shall it be made after substantial completion of the project for which this Contract is  awarded.  LIABILITY:  NIC PARTNERS shall not, in any event be liable to customer for incidental or  consequential damages, including without limitation, lost business, profit or unavailability of all  or part of the system. The pricing granted elsewhere in this agreement is based upon and is in  partial consideration for this limitation on remedies.  WARRANTY (Limited): NIC PARTNERS warrants the products installed under this agreement  against defects in material and workmanship from a period of one year from project completion.   NIC PARTNERS shall repair or replace defective product during the warranty period with new or  like new parts.  Returned product becomes the property of NIC PARTNERS when replaced.  This  warranty is void if installed product is abused, misused or altered.  This warranty is exclusive and  is Customer's only remedy. Without  limiting the generality of the foregoing limitations and  disclaimers, while the system is not designed, sold, or intended to be used to detect, intercept,  transmit or record oral or other communications of any kind, NIC PARTNERS cannot control how  the system and its components are used and, accordingly, NIC PARTNERS does not warrant or  represent, expressly or implicitly, that use of the software, licensed materials derived there from  will comply and conform to the requirements of Federal, State and or Local  statutes, ordinances  and laws, or that the use of the system will not violate the privacy rights of the third parties. You  shall be solely responsible for using the system you the system in full compliance with applicable  law and the rights of third persons. Further, regardless of any prior statements, representations,  or course of dealings by any NIC PARTNERS representatives, NIC PARTNERS does not warrant or  represent, expressly or implicitly, that the software, licensed materials, or use of any of the same  will: result in the prevention of crime or hostile enemy action, apprehension or conviction of any  perpetrator of any crime, military prosecution of any enemy force, or detection or neutralization  of any criminal, combatant or threat; prevent any loss, death, injury, or damage to property due  to the discharge of a firearm or other weapon; in all cases detect and plot the location of all  firearm discharges within the designated coverage area; the supplied network will remain in  operation at all times or under all conditions. Any and all warranties, express or implied, of fitness  for high risk purposes requiring fail‐safe performance are hereby expressly disclaimed. You and  NIC PARTNERS each acknowledge and agree that the software, license materials, and the system  are not consumer goods, and are not intended for sale to or use by or for personal, family or  household use.  OWNERSHIP: NIC Partners shall retain ownership of all materials supplied until the customer  takes possession of the materials at their facilities. Upon receipt the customer assumes the risks  and ownership of all materials. NIC Partners has the right to restore ownership of the materials  to NIC Partners if the customer fails to pay for the materials under the terms of the contract. Once  ownership has been restored to NIC Partners due to non‐payment, NIC Partners may retrieve  from the Customer's premises any material supplied where payment has not been tendered.  The  Uniform Commercial Code of California shall govern this sale and this order shall not be  assignable, but shall bind the representative and successors of the parties and their benefits.  LIENS: Seller may file a lien within 90 days after furnishing labor, materials, or services to a project  as long as preliminary lien notice is sent to Buyer under the provisions of the Construction Lien  Law of the state where services are rendered.  The lien notice is no way intended to reflect the  financial stability of the Buyer, but simply advises the Buyer of Seller's rights to file the lien if  required.  RETURNS: Credit may be allowed for goods returned with prior approval.  A deduction may be  made from credits issued to cover the cost of handling and restocking charges.    DELAYS: Seller is not responsible for delays in delivery or installation occasioned by acts of God  or other circumstances over which the Seller has no control.  MISCELLANEOUS:   This Agreement constitutes the entire understanding of the parties with  respect to the subject matter of this Agreement and merges all prior communications,  representations, and agreements. This Agreement may be modified only by a written agreement  signed by the parties.  If any provision of this Agreement is held to be unenforceable for any  reason, such provision shall be reformed only to the extent necessary to make it enforceable.  This  Agreement shall be construed under the laws of the state where services are rendered, excluding  rules regarding conflicts of law.  2017-12-19 Agenda Packet Page 363                               11981 Jack Benny Dr. Rancho Cucamonga, CA 91739  (909) 919‐2800  (909) 919‐7997 fax    2 CITY OF CHULA VISTA ‐ TECHNOLOGY REFRESH   City of Chula Vista – Technology Refresh    Appendix A – Project Approach    NIC Partners will provide the following services in a phased or milestone approach to ensure the  most accurate and successful deployment of product and services for the project. There are three  distinct phases that make this project, which are outlined below. NIC Partners will provide project  coordination on behalf of the customer to help ensure a successful deployment.     The NIC Partners approach includes a dedicated Project Manager who will work with the  Customer in prioritizing and developing a project plan with agreed timelines, payment  milestones, and completion criteria. The Project Manager will work with the Customer to develop  a communications plan which outlines the communications process expected by the Customer  throughout the project lifecycle. The Project Manager will conduct weekly status meetings (or as  required) with the customer to address progress of the project and to resolve any outstanding  issues before moving on to new tasks or phases. Our experienced Project Manager will become  the single point of contact for the project in all its phases and will provide a consistent  communication link with identified Customer employees. All work will be scaled to be within the  scope as stated herein.    Phase 1:  Project Planning and Design      Phase 2:  Project Implementation, Cutovers and Testing      Phase 3:  Project Documentation and Closeout       Phase 1: Project Planning and Design    Objectives & Scope  1) NIC Partners Project Management will work with the customer to plan and design the  required management type components to successfully implement the proposed  solution(s). NIC Partners will include the following (where applicable):  a) High‐level project schedule  b) Develop the project phase and or milestone sign‐off forms  c) Develop the payment schedule (tie to Project phases, equipment list and/or WBS)  d) Develop the project equipment transmittal form requirements    2) NIC Partners Project Management will work with the customer to plan and design for the  physical component requirements to successfully implement the proposed solution(s). NIC  Partners will include the following (where applicable):  a) Customer site and or location staging requirements  b) Review the physical locations and options for power and network connectivity  c) Identify and determine of method of access for project teams and staff to project sites     2017-12-19 Agenda Packet Page 364                               11981 Jack Benny Dr. Rancho Cucamonga, CA 91739  (909) 919‐2800  (909) 919‐7997 fax    3 CITY OF CHULA VISTA ‐ TECHNOLOGY REFRESH City of Chula Vista – Technology Refresh    3) NIC Partners Project Management will work with the customer to plan and design for the  logical component requirements to successfully implement the proposed solution(s). NIC  Partners will plan for the following (where applicable):  a) Equipment Information Sheet requirements (EIS)  i) Asset tag requirements  ii) Special labeling requirements  b) Design requirements  c) IP and Naming convention requirements  d) Security access plans (usernames, passwords, ACS integration, etc.)  e) Quality of Service requirements (QoS)  f) Backup systems and or policies    4) NIC Partners Project Management will work with the customer to plan and design for the  testing component requirements to successfully implement the proposed solution(s). NIC  Partners will include the following for NIC Partners provided equipment (where applicable):  a) Physical and logical testing plan  b) Testing and site completion plan documents  c) Customer specific application testing, if specified in this SOW Project Specifications    Deliverables (if applicable to the project)  Items outlined in the “Objectives & Scope” section above  a) Project Management documents  i) Project Schedules  ii) Payment schedules  b) Physical Planning and Design documents  i) Sample site survey reports  ii) Badges and or key requirements  c) Logical Planning and Design documents  i) EIS sample document  ii) Visio planned designs (one high‐level page for new network designs)  iii) IP and Naming convention sample document  iv) Dial Plans sample document (required for Voice projects only)  v) Obtain any required asset tags  vi) Sample labels if needed  d) Testing Plans  i) Testing plan and site completion sign form    2017-12-19 Agenda Packet Page 365                               11981 Jack Benny Dr. Rancho Cucamonga, CA 91739  (909) 919‐2800  (909) 919‐7997 fax    4 CITY OF CHULA VISTA ‐ TECHNOLOGY REFRESH City of Chula Vista – Technology Refresh    Phase 2: Project Implementation, Testing and Cutovers    Objectives & Scope  1) This section should include project and or site specific information to deploy the equipment  to and in the customer’s site and network along with testing and sign‐off documents (where  applicable).  a) Oversight of NIC Partners Engineering Deployment Procedures  b) Customer‐specific requirements as outlined in the Planning and Design phase above  c) Time and location for delivery of equipment, along with customer‐required signatures  and approvals  d) Install and test all equipment per NIC Partners testing plan and project or site specific  testing plan as developed in the Planning and Design phase  2) Project and/or site specific cut‐over requirements as outlined from the Planning and Design  phase (where applicable)    Assumptions and Exclusions  1) See Customer Responsibilities section above.     Deliverables (if applicable to the project)  1) Signed equipment transmittal(s)  2) Signed site‐specific, or project testing and sign off form, if required  3) Signed customer retired equipment form, if required  4) Signed Notification of Completion    Phase 3: Project Documentation and Closeout    Deliverables (if applicable to the project)  1) Completed Equipment Information Sheets (EIS)  a) Make, model, IP address, MAC address, access (ID, password), and required information  b) Physical design documentation; NIC Partners will update customer‐provided electronic  2D drawings for cabling projects, where required. NIC Partners will document one page  per location that will show location of NIC Partners‐provided main components  (Surveillance, Access Control, Cable Runs)  c) NIC Partners can create a new CAD drawing, at additional costs to the project  2) NIC Partners will provide the customer with only basic configurations in printed and  electronic format, where possible. Note that installation instructions, how‐to user guides,  training guides and the like are not provided unless specifically included in this SOW Project  Specifications. NIC Partners will assist in providing access to applicable vendor‐provided  online documentation  3) Provide all required maintenance and warranty information    2017-12-19 Agenda Packet Page 366                               11981 Jack Benny Dr. Rancho Cucamonga, CA 91739  (909) 919‐2800  (909) 919‐7997 fax    5 CITY OF CHULA VISTA ‐ TECHNOLOGY REFRESH City of Chula Vista – Technology Refresh    Appendix B ‐ Change Order Request    In reference to the section titled Change Management Procedures of the above referenced  Statement of Work between Network Integration Company Partners, Inc. (NIC Partners) and City  of Chula Vista, both parties hereby certify, by the signature of an authorized representative, that  this Change Order shall amend and be fully incorporated into the existing Statement of Work  (SOW).     Change Order Number:     1. Reason for Change Request:           2. Changes to SOW:          3. Impact (cost, schedule):        4. Purchase Order Issuance (If applicable):         IN WITNESS WHEREOF, the duly authorized representatives of the parties hereto have caused  this Change Order Request to be fully executed.    Submitted by:      Acknowledged and Agreed:    Network Integration Company Partners, Inc.  City of Chula Vista  By:                    By:        Name:        Name:        Title:        Title:        Date:        Date:        2017-12-19 Agenda Packet Page 367                               11981 Jack Benny Dr. Rancho Cucamonga, CA 91739  (909) 919‐2800  (909) 919‐7997 fax    6 CITY OF CHULA VISTA ‐ TECHNOLOGY REFRESH City of Chula Vista – Technology Refresh    Appendix C ‐ Completion Certificate (Sample)    NOTICE OF COMPLETION    Network Integration Company Partners, Inc. (NIC Partners) does hereby notify City of Chula Vista that all work  performed under the statement of work specified under the below listed purchase order has been completed in  accordance with standards and regulations governing such work. This work is ready for your review and as such NIC  Partners does hereby request authorization to invoice the full amount as stated in the PO listed below to include  any applicable retention percentages, for all work performed.       Customer:     City of Chula Vista   Project Name:   Technology Refresh   Job Number:        Customer PO:        As an authorized representative of the above listed customer, I do hereby affirm all work has been inspected for  thoroughness and compliance and has been completed.    1. Customer agrees that the project can be billed complete.    Inspected By:    Name: __________________________________  Title: _____________________    Customer Authorized Representative    Signature: _______________________________  Date: _____________________    Customer Authorized Representative    As an authorized representative of the above listed customer, I do hereby authorize Network Integration Company  Partners, Inc., (NIC Partners) to invoice 100% of the above listed PO for the work performed at the above listed  facility. By signing I do hereby acknowledge this project as accepted as delivered in accordance with the statement  of work applicable to this project.    Authorized By:    Name: __________________________________  Title: _____________________    Customer Authorized Representative    Signature: _______________________________  Date: _____________________    Customer Authorized Representative      2017-12-19 Agenda Packet Page 368 Advanced Managed Service Agreement City of Chula Vista Page: 1 of 15 11981 Jack Benny Drive, Suite 103, Rancho Cucamonga, CA 91739 • 909-919-2800 • www.NICPartnersinc.com Page 1 City of Chula Vista Managed Services Agreement 5 Year - Rev 2 NIC PARTNERS Managed Services Prepared on December 13, 2017 Prepared For: Gary Halbert City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 Phone: 619-691-5031 ghalbert@chulavistaca.gov Account Representative: Matt Robbart NIC Partners 11981 Jack Benny Drive, Suite 103 Rancho Cucamonga, CA 91739 Phone: 909-257-2733 mrobbart@NicPartnersInc.com 2017-12-19 Agenda Packet Page 369 Advanced Managed Service Agreement City of Chula Vista Page: 2 of 15 11981 Jack Benny Drive, Suite 103, Rancho Cucamonga, CA 91739 • 909-919-2800 • www.NICPartnersinc.com Page 2 Thank you for your time and interest in NIC Partners. We are pleased to provide for your evaluation, a services agreement outlining the proposed service offerings. We recognize the importance of finding the right partner to provide network engineering and consultation services in today’s market. NIC Partners prides itself on providing outstanding customer service, timely response, and superior service delivery. We thank you for giving us the opportunity to propose our services, and will work diligently to ensure your satisfaction. This document contains an overview of the expectations and deliverables regarding our understanding of your current needs. Please read it carefully and let us know if this service description fits the solution that were discussed. Thank you, Peter Frivaldi Managed Services Manager Phone: 909-919-2800 option 1 Network Integration Company Partners, Inc. 2017-12-19 Agenda Packet Page 370 Advanced Managed Service Agreement City of Chula Vista Page: 3 of 15 11981 Jack Benny Drive, Suite 103, Rancho Cucamonga, CA 91739 • 909-919-2800 • www.NICPartnersinc.com Page 3 Table of Contents Managed Service Summary .......................................................................................................................... 4 Managed Services Provided ......................................................................................................................... 4 Advanced Routine Maintenance ............................................................................................................... 5 Daily: ...................................................................................................................................................... 6 Weekly: .................................................................................................................................................. 6 Monthly: ................................................................................................................................................. 6 Quarterly: ............................................................................................................................................... 6 Advanced Managed Services Agreement Duration ...................................................................................... 7 Staffing Levels ............................................................................................................................................... 7 Service Level Expectations (Based on Level of SMARTnet) ........................................................................ 7 Coverage and Holidays ................................................................................................................................. 8 NIC Partners Observed Holidays: ................................................................................................................. 8 Call Management Process ............................................................................................................................ 8 Escalation Schedule ...................................................................................................................................... 9 Spare Parts Pool: .......................................................................................................................................... 9 Responsibilities and Assumptions .............................................................................................................. 10 Pricing Overview ......................................................................................................................................... 11 Pricing Assumptions ................................................................................................................................ 11 Payment Terms ........................................................................................................................................... 11 Time and Materials (T&M) Pricing (Outside of Agreement) ........................................................................ 11 Established Time and Materials Rates Table ............................................................................................. 12 Advanced Maintenance Agreement Acceptance ........................................................................................ 13 APPENDIX A – LIST OF COVERED EQUIPMENT ................................................................................... 15 2017-12-19 Agenda Packet Page 371 Advanced Managed Service Agreement City of Chula Vista Page: 4 of 15 11981 Jack Benny Drive, Suite 103, Rancho Cucamonga, CA 91739 • 909-919-2800 • www.NICPartnersinc.com Page 4 Managed Service Summary This agreement is between Network Integration Company Partners, Inc., a California Corporation, whose principal place of business is 11981 Jack Benny Drive, Suite 103, Rancho Cucamonga, CA, 91739, hereinafter referred to as “NIC PARTNERS” and City of Chula Vista, hereinafter referred to as “Customer.” Managed Services Provided The following list of services is hereby covered for Advanced Managed Services. The platforms, and assets covered are as noted below in this agreement. These services are defined as those which will provide monitoring, proactive fault detection and notification along with next business day on-site support. In brief, the service agreement covers: COVERED NETWORK INFRASTRUCTURE: • Coverage for 33 routers (ASR 1001, ISR 4321, 4451, 4431) • Coverage for 82 switches (9300-24/48p, 9500-40x, N9k) • Coverage for 4 Firewalls (4110 NGFW) • Coverage for 100 AP’s (Cisco 3802) • Coverage for 4 Wireless Controllers (5520, 3504 WLC) SERVER / SERVICE INFRASTRUCTURE: • Coverage for 7 Servers (SNS, DNA) COVERED LOCATIONS / SITES: This agreement pertains to this / these sites only: • City Hall • Police Department • Public Works • Living Coast Discovery Center • Animal Care Facility • Recreation Centers • Fire Stations SERVICES UNDER THIS AGREEMENT: • Repair and Preventive Maintenance of Identified Hardware • 8x5 Live Service Desk (Via e-mail or phone) • Basic technical support (Via e-mail or phone) • Prioritized Emergency Support • Advanced Network and System Monitoring and Fault Detection of Covered Equipment: o Infrastructure Equipment (Routers, Switches, APs, Firewalls, WLAN Controllers) o Advanced Infrastructure Monitoring includes  Basic Resources – CPU, Memory, Bandwidth  Baseline Performance Creation  Wireless Coverage Analysis, where applicable • Basic Server Platform Monitoring for Covered Servers (Virtual, Physical): o Server Health Monitoring (Basic Resources – CPU, Memory, Disk Space) • Advanced Server Application Monitoring and Reporting Services, for Covered Services: o DNS o Active Directory Support 2017-12-19 Agenda Packet Page 372 Advanced Managed Service Agreement City of Chula Vista Page: 5 of 15 11981 Jack Benny Drive, Suite 103, Rancho Cucamonga, CA 91739 • 909-919-2800 • www.NICPartnersinc.com Page 5 o DHCP o TFTP o Remote Control o User and Groups Moves, Adds, and Changes • Monthly preventive maintenance for Covered Servers: o Monthly log clearing, patching, AV Scanning o Monthly OS patch management • Security Practice Offerings, for Covered Devices: o Advanced Firewall / Security Appliance Monitoring  Syslog Collection and Monthly Audit  Event Log and Security Log Monthly Audit o Virtual Private Network (Remote Access Administration) o Monthly Scan (Outside of Network) • Environmental Maintenance and Monitoring, for Covered Devices: o Uninterruptable Power Supply Preventive Maintenance (Battery Replacement excluded if warranty not held by NIC Partners) o Smart UPS Basic Monitoring (UP / Down & Load) • Coordination of Manufacturer’s Warranty Support • Wire and cabling maintenance to include IDF and MDF cleaning (Quarterly) • Rack and Cabinet Maintenance and Repair (Quarterly) Advanced Routine Maintenance NIC PARTNERS will provide technical support in the form of routine preventive maintenance and warranty replacement of documented items specifically listed in this agreement. Advanced, Routine / Preventive maintenance includes configuration assurance, platform operating system / image backup, component replacement of reported, warranted items within the SLA timeframe and servicing of technology areas on a quarterly basis. This Maintenance program is another important part of the overall NIC PARTNERS support offering. This support provides Customer with onsite or virtual (remote access) Technical support to assist in minimizing problems, improving performance and/or optimizing the Customer’s IT investments. NIC PARTNERS Technical Support program can be tailored to fit Customer’s specific requirements relative to supporting its technology infrastructure. IT staff augmentation or resource dispatch on an as needed basis are available through NIC PARTNERS Technical Support Program. Technical expertise from NIC PARTNERS includes LAN/WAN, Wireless LAN, IP Telephony, Video Conferencing Systems, PC and Server Support, Microwave Systems (Licensed and Unlicensed), Free Space Optics, Building Intrusion Systems, Close Circuit Television Systems, Intercom and Paging Systems, Video Distribution Systems, Sound Reinforcement Systems, and low-voltage Data Cabling. Response times range for this engagement is documented above. NIC PARTNERS provides a 24x7x365 “800” number and e-mail support address for easy access to the NIC PARTNERS Service Center. All requests and incidents are logged into and managed via our customized NIC PARTNERS Services Management application. If requested by customer, and as required, NIC PARTNERS can escalate the outage to the proper hardware and/or software vendor or circuit provider all in real-time. By working with Customer’s vendors and carriers, and managing the trouble tickets logged with those vendors and carriers, NIC PARTNERS manages the entire outage from alarm to closure. These incidents are also utilized to track outages and network fault history. 2017-12-19 Agenda Packet Page 373 Advanced Managed Service Agreement City of Chula Vista Page: 6 of 15 11981 Jack Benny Drive, Suite 103, Rancho Cucamonga, CA 91739 • 909-919-2800 • www.NICPartnersinc.com Page 6 NIC PARTNERS will provide the following Specific Routine on a daily, weekly, monthly and quarterly basis for items specifically covered by this agreement: Daily: • Check for Alarms and follow up on any unresolved alarms / incidents • Check “emergency”, “alert”, and “critical” messages in Syslog Server o Report via e-mail if found • Check and update customer incidents (P1 & P2 only) • Update Moves, Adds, and Change Incidents Weekly: • Check for “Critical” / “Error” Alarms in Event Logs • Check messages in Syslog Server and Report any Critical Findings • Check all Security Logs in all Servers and Appliances • Check and update customer incidents (P1 – P4) Monthly: • Conduct Monthly “Snapshots” of covered VMs • Check for and apply “Critical“ level patches and service packs • Backup Infrastructure Equipment Configurations: o Routers o Switches o Security Appliances o Wireless APs and Controllers • Analyze any remaining open incidents and conduct monthly management meeting with customer contact and account team • Compile Device Availability statistics • Check for and update Critical Security Definitions for AV Platforms • Check Validity of Backups (Full Backups Only) • Compile and deliver device statistic report of trending data: o CPU o Memory o Disk Space o Bandwidth o Availability Quarterly: • Conduct IT Department Manager / Director Briefing & Update Meeting • Conduct Roadmap Session with IT Staff Deliverables: Monthly: • Monitoring Report of observed statistics for covered items Quarterly: • Uptime Report of covered items • Monitoring Report of observed statistics 2017-12-19 Agenda Packet Page 374 Advanced Managed Service Agreement City of Chula Vista Page: 7 of 15 11981 Jack Benny Drive, Suite 103, Rancho Cucamonga, CA 91739 • 909-919-2800 • www.NICPartnersinc.com Page 7 Advanced Managed Services Agreement Duration This agreement is effective after signing of the full managed service contract where all terms and conditions are defined and agreed upon. Once NIC PARTNERS receives a fully executed copy of this agreement, implementation of any monitoring, service, or customer interaction tools will take place within ten business days. This “Onboarding” process if needed will include full documentation of systems covered by this proposal. Immediately following this “onboarding “process, NIC PARTNERS shall commence performance of the execution tasks outlined above. The duration of the agreement is one year starting 1/1/18 and ending 1/1/23. Staffing Levels NIC Partners will hold, at a minimum, the Certificates of Cisco Gold Certified Partner and will ensure to employ appropriate resources to fulfill this agreement and meet service level expectations outlined within this agreement. This will include at a minimum one (1) CCNP/CCVP for Voice Platform support, one (1) Wireless Specialist, one (1 Microsoft MCSE, and one (1) Cisco Certified Internetworking Expert (CCIE). Service Level Expectations (Based on Level of SMARTnet) NIC Partners will support one hundred percent parts, materials, labor, time, travel, installation, preventative maintenance and repair maintenance within a twenty four (24) hour response time for those components covered under active warranty (I.E. Cisco SMARTnet) and will hold an expectation of next business day support between the hours of 8:00 am to 5:00 pm (M-F). This twenty-four (24) hour maximum limit to bring the system to acceptable functionality is required to effect repairs for sustainability of customers business. This does not hold NIC Partners liable for restoration of service to 100% capacity in the cases of equipment that is not under warranty or where warranty cannot effect rapid re-deployment of the failed asset. NIC Partners will work with client to appropriate any needed equipment for restoration as long as client can obtain replacement parts. Repairs and restorations will be completed as soon as possible in these cases and are not tied to service levels within this agreement. Failure to provide on-site access by CUSTOMER’s authorized personnel, with 24 hour repair time for all critical components, voids this SLA. Routine expectation of service delivery is to be Monday through Friday, excluding holidays, at various and simultaneous sites. On a case-by-case basis, other times and days may be agreed to by the CLIENT and NIC Partners in writing. A Twenty-four hour maximum repair time for any component, Monday through Friday, excluding holidays, at various and simultaneous sites is the SLA goal. On a case-by-case basis, other times and days may be agreed to by the CUSTOMER and NIC Partners in advance and in writing. 2017-12-19 Agenda Packet Page 375 Advanced Managed Service Agreement City of Chula Vista Page: 8 of 15 11981 Jack Benny Drive, Suite 103, Rancho Cucamonga, CA 91739 • 909-919-2800 • www.NICPartnersinc.com Page 8 Coverage and Holidays Hours covered for the duration of this agreement to be defined as indicated below: 8 am – 5 pm, Monday through Friday, PST NIC Partners Observed Holidays: NIC Partners will be closed on the following observed holidays unless otherwise noted in this agreement: • New Year’s Day • Memorial Day • Independence Day • Labor Day • Thanksgiving • Day after Thanksgiving • Christmas Eve • Christmas Day Non-Compliance Penalty: Penalty for non-compliance of Response and Repairs will be a maximum of $250 per incident. Call Management Process For Services under this agreement, NIC PARTNERS’s Service Administrator shall receive incoming requests via email or telephone from Customer, and log them into the NIC PARTNERS Services Management System. The NIC PARTNERS service administrator shall identify the type of call, location of the trouble; provide that call with an authorized NIC PARTNERS Managed Services ticket number and document the problem to ensure that the applicable service level is identified and that the call is processed accordingly. The NIC PARTNERS service administrator will then manage the categorized request to completion. Once an NIC PARTNERS engineer, representative and/or a vendor resource has completely addressed the request for resolution of a problem or performance of a service, the Service Administrator will document the closure of the call. 2017-12-19 Agenda Packet Page 376 Advanced Managed Service Agreement City of Chula Vista Page: 9 of 15 11981 Jack Benny Drive, Suite 103, Rancho Cucamonga, CA 91739 • 909-919-2800 • www.NICPartnersinc.com Page 9 Escalation Schedule The following procedure outlines the escalation process governing the management of Customer incidents: Priority Descriptions Escalation Policy CRITICAL PRIORITY (priority 1) An existing network is down or there is a critical impact to the end user’s business operation. Network Hardware Service Provider, NIC PARTNERS and end user will commit full-time resources to the situation. 1 Hour: Customer Support Supervisor 4 Hours: Department Manager 24 Hours: Director of Service Operations 48 Hours: President / CEO HIGH PRIORITY (priority 2 Operation of an existing network is severely degraded, or significant aspects of the end user’s business operation are being negatively impacted by unacceptable network performance. The Network Hardware Service Provider*, NIC PARTNERS and end user will commit full-time resources during standard business hours to address the situation. 4 Hours: Customer Support Supervisor 24 Hours: Department Manager 48 Hours: Director of Service Operations 96 Hours: President / CEO NORMAL PRIORITY (priority 3) Operational performance of the network is impaired while most business operations remain functional. The Network Hardware Service Provider*, NIC PARTNERS and end user are willing to commit resources during standard business hours to restore service to satisfactory levels. 72 Hours: Customer Support Supervisor 96 Hours: Department Manager LOW PRIORITY (priority 4) Information or assistance is required on Network hardware manufacture product capabilities, installation or configuration. There is clearly little or no impact to the end user’s business operation. The Network Hardware Service Provider*, NIC PARTNERS and end user are willing to provide resources during standard business hours to provide information or assistance as requested. 96 Hours: Customer Support Supervisor Exclusions of Service (Force Majeure) Customer excludes from NIC Partner’s coverage of this maintenance agreement any repairs that are caused by: misuse, or failure to follow the manufacturer’s operation instructions, theft, vandalism, riot, strike, criminal acts, power failure, fire, water, and other perils, acts of war, lightning, air conditioning or humidity control failure, shock, corrosive atmosphere, electrical damage, accident, normal wear and tear of disposable items, work performed by persons other than NIC Partner’s designated personnel without NIC Partner’s express authorization, or without NIC Partner’s supervision, and products not covered under this agreement. Spare Parts Pool: Any spare parts for equipment not covered by active warranties or other maintenance agreements are the express responsibility of the Customer to keep on hand and available to NIC Partner’s for enforcement of service levels outlined in this agreement. If spares are to be maintained, NIC Partners reserves the right to audit inventories on a quarterly basis. 2017-12-19 Agenda Packet Page 377 Advanced Managed Service Agreement City of Chula Vista Page: 10 of 15 11981 Jack Benny Drive, Suite 103, Rancho Cucamonga, CA 91739 • 909-919-2800 • www.NICPartnersinc.com Page 10 Responsibilities and Assumptions Customer is responsible for the following under this agreement: • Customer will identify at least one person to work with NIC PARTNERS throughout a service request. This person must be readily available to communicate with NIC PARTNERS personnel and to provide requested information on a timely basis. • For each service request, Customer is responsible for providing a caller who has the knowledge to relate the technical aspects of the problem(s) or technical assistant request(s) and receive and interpret any technical advice and instructions given to Customer by NIC PARTNERS. • Customer is responsible for the backup and/or migration of data unless specified otherwise herein. • Customer is responsible for obtaining all permits, licenses and right of ways necessary for the work provided under this Agreement. • Customer to provide NIC PARTNERS access to all equipment and software covered under this Agreement, including physical access as well as user accounts and passwords. If coverage provides for after-hours on- site support, Customer will provide NIC PARTNERS the means to access the systems during off hours. If such access is not provided, NIC PARTNERS will have limited capability to respond and may not be able to perform the service requested by the Customer and defined in this agreement. NIC PARTNERS will notify Customer in writing if this requirement is not met. • Customer to provide any ancillary information required by NIC PARTNERS. • Customer to provide all needed supplies or accessories, attachments or other devices incidental to NIC PARTNERS providing services hereunder. • Customer to provide access to Customer’s key personnel. Key personnel shall be defined as those individuals directly involved with the equipment referenced in this Agreement. • Customer to provide NIC PARTNERS with a list of key personnel and contact numbers (business and after hours, as applicable). • Customer to provide NIC PARTNERS a list of all contract service agreements, contact names, contact numbers and associated contract numbers for all vendor service agreements to be managed by NIC PARTNERS. • NIC PARTNERS and Customer will jointly setup software for the provisioning of VPN connections, point to point circuits or client based agents. This will connect the Customer Monitored/Supported Network to the Secure NIC PARTNERS Service Center in Rancho Cucamonga, CA. • Customer will provide any needed physical security information or access control media / devices. This includes but is not limited to access cards, key codes, RSA and Multifactor Authentication keys. • Desktop support and level 0/1 helpdesk support for desktops and their users is not included under the scope of this agreement. 2017-12-19 Agenda Packet Page 378 Advanced Managed Service Agreement City of Chula Vista Page: 11 of 15 11981 Jack Benny Drive, Suite 103, Rancho Cucamonga, CA 91739 • 909-919-2800 • www.NICPartnersinc.com Page 11 • Major Infrastructure, Application, Network, Security, Unified Communication, Wireless, Camera and Access Control projects are NOT Covered by this Contract. These include, application migrations, Major upgrades (not including routine patching and patch management), new infrastructure, cabling, system or application roll outs (Including video surveillance, and phone systems). Pricing Overview The following pricing has been developed specifically for the scope of the Advanced Maintenance Agreement contained herein. NIC PARTNERS has also provided T&M pricing for any work performed outside the scope of this agreement. Total cost for services: $0.00 = (5 year MSA total) Pricing Assumptions • Support Agreement included in proposal 28522 • Shipping and taxes are not included. All prices are in U.S. dollars. • There is no travel charge for local resources on all flat rate support agreements. Payment Terms Contract will be invoiced monthly in advance with Net 30 payment terms. Time and Materials (T&M) Pricing (Outside of Agreement) • For services outside the scope of this agreement, Customer may request that NIC PARTNERS provide such services on a Time and Material (T&M) basis, subject to the terms of this Agreement and NIC PARTNERS’s acceptance. NIC PARTNERS shall determine in its sole discretion whether (i) to accept such work on a T&M basis, (ii) to accept such work under a specific Statement of Work or other agreement executed by Customer, or (iii) to reject the offer for such work that is outside the scope of this Agreement. Only authorized individuals from Customer may request and approve T&M services. Customer shall provide a list of authorized individuals within 10 days of the execution of this agreement. • NIC PARTNERS shall use commercially reasonable efforts to commence performance of any T&M services it accepts. Such performance shall be during Normal Business Hours (8:00 A.M. to 5:00 P.M. local time Monday through Friday) and at the rates shown in the T&M rates Exhibit attached, excluding NIC PARTNERS observed holidays unless otherwise agreed by NIC PARTNERS. Any work performed outside of these Normal Business Hours will be charged at the rates for Overtime Hours or Weekend & Holiday Hours shown in the T&M rates exhibit as applicable. At the completion of the contracted work under T&M, NIC PARTNERS shall present the Work Approval Form to Customer for signature, which Form acknowledges the completion of the work performed. • Travel and living expenses for NIC PARTNERS personnel are not included in this agreement. Should travel be required, Customer will be billed for the actual and reasonable expenses incurred. 2017-12-19 Agenda Packet Page 379 Advanced Managed Service Agreement City of Chula Vista Page: 12 of 15 11981 Jack Benny Drive, Suite 103, Rancho Cucamonga, CA 91739 • 909-919-2800 • www.NICPartnersinc.com Page 12 Established Time and Materials Rates Table Labor Classification Straight Time Overtime Double Time Network Engineer Services $225.00 $281.25 $348.75 Cabling Technician Services $125.00 $156.25 $193.75 Material Cost + 15% Note: Hourly rates are subject to change without notice. • Normal Business Hours Monday through Friday 8:00 A.M. to 5:00 P.M. Overtime Hours Monday through Friday 5:00 P.M. to 8:00 A.M. the following day Weekend Hours Friday 5:00 P.M. to 8:00 A.M. Monday Holiday Hours Start 5:00 P.M. prior to holiday through 8:00 A.M. after holiday • An onsite travel charge of $225 will be billed in the event that the Customer cancels a service after an NIC PARTNERS technician has been dispatched for any reason. • The Customer hereby assumes all costs associated with said requested services. NIC PARTNERS agrees to obtain approval prior to incurring any costs or providing any services in addition to those already outlined in this Agreement. • NIC PARTNERS requires a valid purchase order or change order approval provided to NIC PARTNERS prior to any additional services or costs incurred. 2017-12-19 Agenda Packet Page 380 Advanced Managed Service Agreement City of Chula Vista Page: 13 of 15 11981 Jack Benny Drive, Suite 103, Rancho Cucamonga, CA 91739 • 909-919-2800 • www.NICPartnersinc.com Page 13 Advanced Maintenance Agreement Acceptance By signing below, Customer acknowledges and agrees: Prices are valid for 30 days from the date on the cover page of this Agreement. Network Integration Company Partners, Inc. is selling Maintenance Services to Customer and shall bill Customer according to the Standard Terms and Conditions and the Pricing Overview sections of this Agreement. This Agreement is subject to the Terms and Conditions outlined herein and any additional Terms and Conditions outlined in specific Exhibits referenced herein. Any exhibit referenced in this agreement and attached hereto is incorporated herein by its reference. By signing below, Customer agrees that the terms of this Agreement shall apply to orders Customer places for services referenced in this Agreement. Customer’s signature is not a commitment to place an order. To place an order, this Agreement must be executed by both Customer and NIC PARTNERS, and the Customer submits a purchase order to NIC PARTNERS that references this Agreement. All orders are subject to acceptance by Network Integration Company Partners, Inc. Network Integration Company Partners, Inc. By: __________________________________ Name: _______________________________ Title: ________________________________ Date: ________________________________ City of Chula Vista By: __________________________________ Name: _______________________________ Title: _________________________________ Date: ________________________________ 2017-12-19 Agenda Packet Page 381 Advanced Managed Service Agreement City of Chula Vista Page: 14 of 15 11981 Jack Benny Drive, Suite 103, Rancho Cucamonga, CA 91739 • 909-919-2800 • www.NICPartnersinc.com Page 14 Standard Terms & Conditions of Network Services PAYMENT TERMS: Invoices shall be submitted twice a month, normally on the first and fifteenth. Bills are due and payable when submitted. A late payment charge of 1-1/2% per month (18% annually) may be applied to amounts outstanding ten days (10) days after the date of the statement. EQUIPMENT PAYMENT TERMS: Established accounts, Educational Institutions and Government Agencies are net 30 days. All others are payment in full prior to shipping. Customer agrees to pay finance charge on all over due balances. INTEREST: If payment is not received by NIC PARTNERS within 30 calendar days of the invoice date, the Customer shall pay as interest an additional charge of one- and-one-half (1.5) percent (or the maximum allowable by law, whichever is lower) of the PAST DUE amount per month. Payment thereafter shall first be applied to accrued interest and then to the unpaid principal. TAXES: Prices shown may not include all sales or other taxes imposed on the sale of goods and services. Taxes now or here after imposed upon sales or shipments shall be added to the purchase price. Buyer agrees to reimburse Seller for any such tax or provide Seller with acceptable tax exemption. COLLECTION COSTS: In the event legal action is necessary to enforce the payment provisions of this Agreement, NIC PARTNERS shall be entitled to collect from the Customer any judgment or settlement sums due, reasonable attorneys' fees, court costs and expenses incurred by NIC PARTNERS in connection therewith and, in addition, the reasonable value of NIC PARTNERS time and expenses spent in connection with such collection action, computed at NIC PARTNERS prevailing fee schedule and expense policies. SUSPENSION OF SERVICES: If the Customer fails to make payments when due or otherwise is in breach of this Agreement, NIC PARTNERS may suspend performance of services upon five (5) calendar days’ notice to the Customer. NIC PARTNERS shall have no liability whatsoever to the Customer for any costs or damages as a result of such suspension caused by any breach of this Agreement by the Customer. TERMINATION OF SERVICES: If the Customer fails to make payment to NIC PARTNERS in accordance with the payment terms herein, this shall constitute a material breach of this Agreement and shall be cause for termination by NIC PARTNERS. If customer wishes to terminate services for any reason, Customer must notify NIC PARTNERS in writing at least 90 days prior to date of services being terminated. SET-OFFS, BACKCHARGES, DISCOUNTS: Payment of invoices is in no case subject to unilateral discounting or set-offs by the Customer, and payment is due regardless of suspension or termination of this Agreement by either party. RISK OF LOSS OR DAMAGE: NIC PARTNERS shall assume the risk of loss of, or damage to equipment and materials purchased hereunder until they are delivered to the customer’s site, at which time the customer assumes such risk. Risk of loss/damage to the customer provided equipment shall remain with the customer. INDEMNITY AND INSURANCE: Each party shall be responsible for and hold the other party harmless from any loss sustained by such party relating to death, bodily injury, or damage to tangible physical property which is caused by the negligent acts or omissions of the party’s agents or employees. NIC PARTNERS shall obtain and keep in force at all times liability insurance coverage for bodily injury, death, and property damage in an amount not less than One Million Dollars ($1,000,000.00) BOND: Costs of Performance and Payment bond is not included. If required, NIC PARTNERS shall furnish Customer, in a form satisfactory to Customer, full and duly executed Performance and Payment Bonds, underwritten by a surety or sureties satisfactory to the Customer, in the full amount of this Agreement. Cost of such bonds to be paid directly by Customer. ARBITRATION: All claims, disputes, and other matters in question arising out of, or relating to, this Contract or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Notice of the demand for arbitration shall be filed in writing with the other party and with the American Arbitration Association. The demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen, but in no event shall it be made after substantial completion of the project for which this Contract is awarded. LIABILITY: NIC PARTNERS shall not, in any event be liable to customer for incidental or consequential damages, including without limitation, lost business, profit or unavailability of all or part of the system. The pricing granted elsewhere in this agreement is based upon and is in partial consideration for this limitation on remedies. WARRANTY (Limited): NIC PARTNERS warrants the products installed under this agreement against defects in material and workmanship from a period of one year from project completion. NIC PARTNERS shall repair or replace defective product during the warranty period with new or like new parts. Returned product becomes the property of NIC PARTNERS when replaced. This warranty is void if installed product is abused, misused or altered. This warranty is exclusive and is Customer’s only remedy. Without limiting the generality of the foregoing limitations and disclaimers, while the system is not designed, sold, or intended to be used to detect, intercept, transmit or record oral or other communications of any kind, NIC PARTNERS cannot control how the system and its components are used and, accordingly, NIC PARTNERS does not warrant or represent, expressly or implicitly, that use of the software, licensed materials derived there from will comply and conform to the requirements of Federal, State and or Local statutes, ordinances and laws, or that the use of the system will not violate the privacy rights of the third parties. You shall be solely responsible for using the system in full compliance with applicable law and the rights of third persons. Further, regardless of any prior statements, representations, or course of dealings by any NIC PARTNERS representatives, NIC PARTNERS does not warrant or represent, expressly or implicitly, that the software, licensed materials, or use of any of the same will: result in the prevention of crime or hostile enemy action, apprehension or conviction of any perpetrator of any crime, military prosecution of any enemy force, or detection or neutralization of any criminal, combatant or threat; prevent any loss, death, injury, or damage to property due to the discharge of a firearm or other weapon; in all cases detect and plot the location of all firearm discharges within the designated coverage area; the supplied network will remain in operation at all times or under all conditions. any and all warranties, express or implied, of fitness for high risk purposes requiring fail-safe performance are hereby expressly disclaimed. You and NIC PARTNERS each acknowledge and agree that the software, license materials, and the system are not consumer goods, and are not intended for sale to or use by or for personal, family or household use. OWNERSHIP: NIC PARTNERS shall retain ownership of all materials supplied until final payment for same is received. NIC PARTNERS may retrieve from the Customer’s premises any material supplied where payment has not been tendered. The Uniform Commercial Code of California shall govern this sale and this order shall not be assignable, but shall bind the representative and successors of the parties and their benefits LIENS: Seller may file a lien within 90 days after furnishing labor, materials, or services to a project as long as preliminary lien notice is sent to Buyer under the provisions of the Construction Lien Law of the state where services are rendered. The lien notice is no way intended to reflect the financial stability of the Buyer, but simply advises the Buyer of Seller’s rights to file the lien if required. RETURNS: Credit may be allowed for goods returned with prior approval. A deduction may be made from credits issued to cover the cost of handling and restocking charges. DELAYS: Seller is not responsible for delays in delivery or installation occasioned by acts of God or other circumstances over which the Seller has no control. MISCELLANEOUS: This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, representations, and agreements. This Agreement may be modified only by a written agreement signed by the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be construed under the laws of the state where services are rendered, excluding rules regarding conflicts of law. 2017-12-19 Agenda Packet Page 382 Advanced Managed Service Agreement City of Chula Vista Page: 15 of 15 15 APPENDIX A – LIST OF COVERED EQUIPMENT All supported gear will be a new purchase for the City of Chula Vista. NIC Partners will create a list of all equipment and serial numbers being covered in this MSA for the City of Chula Vista after the equipment is delivered. 2017-12-19 Agenda Packet Page 383 STATE OF UTAH -STATE COOPERATIVE CONTRACT CONTRACT NUMBER AR233 1. CONTRACTING PARTIES: This State Cooperative Contract is between the Division of Purchasing and General Services (State), 3150 State Office Building, PO Box 141061, Salt Lake City, UT 84114-1061, an agency of the State of Utah, and the following CONTRACTOR: Cisco Systems, Inc. 170 West Tasman Dr. San Jose City Name Address CA State (Corporate Headquarters Address) 95134 Zip LEGAL STATUS OF CONTRACTOR 0 Sole Proprietor 0 Non-Profit Corporation ~ For-Profit Corporation 0 Partnership 0 Government Agency Contact Person Mimi Farr Phone# 408-527-2627 Fax# 408-608-1802 Email mimnguye@cisco.com Federal Tax ID# 77-0059951 Vendor #VCOOOOl 18462 Commodity Code #20458. 20464, 20621, 20623. 20659. 83833, 83800, 88332,92000 2. GENERAL PURPOSE OF CONTRACT: The general purpose of this contract is to provide: Data communication equipment and services. A detailed list of awarded categories and subcategories are included in Attachment B -Scope of Work. Cisco is authorized to provide equipment and services in the following categories: 5.2.1 Data Center Application Service 5.2.2 Networking Software 5.2.3 Network Optimization and Acceleration 5.2.4 Optical Networking 5.2.5 Routers 5.2.6 Security 5.2.7 Storage Networking 5.2.8 Switches 5.2.9 Wireless 5.3.0 Unified Communications 3. CONTRACT PERIOD: Effective date: June l, 2014 Termination date: May 31, 2019 unless terminated early or extended in accordance with the terms and conditions of this contract. Renewal options (if any): N/ A 4. PRICING AS PER THE ATTACHMENT C PAYMENT TERMS: Net 30 DAYS REQUIRED FOR DELIVERY: 30 days ARO MINIMUM ORDER: NIA FREIGHT TERMS: FOB Destination, Freight Prepaid 5. ATTACHMENT A: Standard Contract Terms and Conditions, State Cooperative Contract ATTACHMENT B: Scope of Work ATTACHMENT C: Product Offerings and Pricing ATTACHMENT D: Vendors Response to Solicitation JP14001. The parties hereby acknowledge and agree that any exceptions stated in attachment "D" -Vendor's Proposal Response have been removed and/or resolved between the parties. Any exception in attachment "D" are explicitly NOT a part of this contract. Any conflicts between Attachment A and other Attachments will be resolved in favor of Attachment A. State specific Terms and Conditions will be found in the executed Participating Addendums. State Terms 2017-12-19 Agenda Packet Page 384 State of Utah Contract Number AR233 and Conditions in an executed Participating Addendum will take priority in the event of conflict between those terms and conditions and this Cooperative Contract. 6. DOCUMENTS INCORPORATED INTO THIS CONTRACT BY REFERENCE BUT NOT ATTACHED: a. All other governmental laws, regulations, or actions applicable to the goods and/or services authorized by this contract. b. Utah State Procurement Code, Procurement Rules, CONTRACTOR'S response to Bid #JP14001 and JP14001-l dated August 30, 2013 and December 2, 2013. IN WITNESS WHEREOF, the parties sign and cause this contract to be executed. Contract s Signature .klan P8blO Brockmann Diredor. Finance Type or Print Name and Title March 1 9, 20 14 Date APPROVED BY LEGAL STATE9F ~ ~ J/~ 3/24;{r Director, Div. of Purchasing & General Svs. 7 Dk Rev 05/14/12 2017-12-19 Agenda Packet Page 385 ATTACHMENT A WSCA-NASPO Master Agreement Tenns and Conditions 1. AGREEMENT ORDER OF PRECEDENCE: The Master Agreement shall consist of the following documents: 1. A Participating Entity's Participating Addendum rPA"); 2. WSCA-NASPO Master Agreement Terms and Conditions (the "Agreement" or "Master Agreement"); 3. The Statement of Work; 4. The Solicitation; and 5. Contractor's response to the Solicitation. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving prio ri ty to these documents in the order listed above. Contractor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in wri ting and attached to this Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contractor's response to the Solicitation, or terms listed or referenced on the Contractor's website, in the Contractor quotation/sales order or in similar documents subsequently provided by the Contractor. 2. AMENDMENTS The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of the WSCA- NASPO Contract Administrator. 3. ASSIGNMENT/SUBCONTRACT Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this contract, in whole or in part, without the prior written approval of the WSCA-NASPO Contract Administrator, which approval will not be unreasonably withheld or delayed. Notwithstanding the foregoing, Contractor may, with prior written consent from Participating States, which consent shall not be unreasonably withheld, enter into subcontracts with third parties as "Fulfillment Partners." Fulfillment Partners are Subcontractors who may provide products and services under this Master Agreement at the price discounts established in this Master Agreement and bill Purchasers directly for such products and services. 4. CANCELLATION The Master Agreement may be canceled by either party upon 60 days notice, in writing, prior to the effective date of the cancellation. Further, any Participating State may cancel its participation upon 30 days written notice, unless otherwise limited or stated in the special terms and conditions of this solicitation. Cancellation may be in whole or in part. Any cancellation under this provision shall not effect the rights and obligations attending orders outstanding at the time of cancellation, including any right of and Purchasing Entity to indemnification by the Contractor, rights of payment for goods/services delivered and accepted, and rights attending any warranty or default in performance in association with any order. Cancellation of the Master Agreement due to Contractor default may be immediate. Cisco Systems, Inc. ATTACHMENT A -FINAL WSCA-NASPO Ts and Cs 3.12.14 A-1 2017-12-19 Agenda Packet Page 386 On termination, all accounts and payments will be processed according to the financial arrangements set forth herein for products delivered and/or approved services rendered to date of termination. Rights upon Termination or Expiration 1. Upon termination or expiration of this Master Agreement or a Participating Addendum, (a) Contractor reserves the right to cease all further delivery of product or services, and (b) all outstanding invoices become due and payable within thirty (30) days of termination,. If Contractor agrees to complete delivery of any further products or services due against any existing accepted Purchase Orders, then Customer shall pay for such products or services in advance within thirty (30) days. 2. Except for a termination of this Master Agreement or a Participating Addendum resulting from Customer's breach of Contractor's proprietary rights and software licensing, Confidential Information, or Export, Re-Export, Transfer and Use Controls, upon termination or expiration of this contract, Customer may continue to use, in accordance with the terms and conditions of this contract andfor the Participating Addendum, products provided to it by Contractor prior to the date of termination or expiration provided (1) payment has been made in full for such products and (2) license rights allow for such continued use. 3. In the event of any termination pursuant to this section, and unless otherwise required by law or court of competent jurisdiction, Customer shall remain obligated to comply in perpetuity with the provisions of Contractor's Software License terms, and Confidential Information. 5. CONFIDENTIALITY, NON-DISCLOSURE AND INJUNCTIVE RELIEF 5.1 Confidentiality. Each party acknowledges that it and its employees or agents may, in the course of dealing under this Master Agreement, be exposed to or acquire information that may be deemed confidential. Any and all information of any form that is marked as confidential or would by its nature be deemed confidential obtained by the receiving party or its employees or agents (the "Receiving Party") in the performance of this Master Agreement, including, but not limited to, the following "Confidential Information": (a) any Participating Entity records, (b) personnel records, and (c) information concerning individuals, is confidential information of the disclosing party (the "Disclosing Party"),. Any reports or other documents or items (including software) that result from the use of the Confidential Information shall be treated in the same manner as the Confidential Information. Confidential Information does not include information that (a) is or becomes (other than by disclosure by the Disclosing Party) publicly known; (b) is furnished by the Disclosing Party to others without restrictions similar to those imposed by this Master Agreement; (c) is rightfully in the Receiving Party's possession without the obligation of nondisclosure prior to the time of its disclosure under th is Master Agreement; (d) is obtained from an independent source without the obligation of confidentiality, (e) is disclosed with the written consent of Participating Entity or; (f) is independently developed by employees, agents or subcontractors of either party who can be shown to have had no access to the Confidential Information. Neither party shall disclose the Confidential Information to any third party, except that the receiving party may disclose Confidential Information to its employees, subcontractors, or Affiliates' employees and subcontractors only: (a) on a "need to know" basis, (b) consistent with the objectives of this Master Agreement, and (c) pursuant to separate written non-disclosure terms that contractually obligate such employees and subcontractors to maintain the confidentiality of the Confidential Information. Notwithstanding termination of this Master Agreement as described herein, the obligations of the Receiving Party with respect to Confidential Information received prior to termination shall continue for three (3) years from the date the Confidential Information was received. Customer agrees that aspects of the Software and associated documentation, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of Contractor. 5.2 Non-Disclosure. The Receiving Party shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and not to copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Cisco Systems, Inc. ATTACHMENT A -FINAL WSCA-NASPO Ts and Cs 3.12.14 A-2 2017-12-19 Agenda Packet Page 387 Confidential Information for any purposes whatsoever other than the performance of this Master Agreement, and to advise each of its employees and agents of their obligations to keep Confidential Information confidential. The Receiving Party shall use commercially reasonable efforts to assist the Disclosing Party in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, the Receiving Party shall advise the Disclosing Party immediately if the Receiving Party learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement and the Receiving Party shall at its expense cooperate with the Disclosing Party in seeking injunctive or other equitable relief in the name of the Disclosing Party against any such person. Except as directed by the Disclosing Party, the Receiving Party will not at any time during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement or at the Disclosing Party's request, the Receiving Party shall turn over to the Disclosing Party all documents, papers, and other matter in the Receiving Party's possession that embody Confidential Information. Notwithstanding the foregoing, the Receiving Party may keep one copy of such Confidential Information necessary for quality assurance. audits and evidence of the performance of this Master Agreement. 5.3 Injunctive Relief. The parties acknowledge that breach of this Section, including disclosure of any Confidential Information, may cause irreparable injury to the Disclosing Party that is inadequately compensable in damages. Accordingly, the Disclosing Party may seek injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. The Receiving Party acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of Participating Entity and are reasonable in scope and content. 6. DEBARMENT The contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract) by any governmental departm ent or agency. If the contractor cannot certify this statement, attach a written explanation for revi ew by WSCA-NASPO. 7. DEFAULTS & REMEDIES a. The occurrence of any of the following events shall be an event of default under this Master Agreement: i. Nonperformance of contractual requirements; or ii. A material breach of any term or condition of this Master Agreement; or iii. Any representation cir warranty by Contractor in response to the solicitation or in this Master Agreement proves to be untrue or materially misleading; or iv. Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully sta yed within thirty (30) calendar days after the institution or occurrence thereof; or v. Any default specified in another section of this Master Agreement. b. Upon the occurrence of an event of default, the non-defaulting party shall issue a written notice of default, identifying the nature of the default, and providing a period of 60 calendar days in which the defaulting party shall have an opportunity to cure the default. The non-defaulting party shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the non-defaulting party, in its sole discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure shall not diminish or eliminate the defaulting party's liability for damages, to the extent provided for under this Master Agreement. Participating Addendum: If either party to a Participating Addendum (including the Lead State when acting in its sovereign capacity under this Master Agreement) materially breaches any of the provisions of a Participating Addendum, the non-breaching party may terminate the Participating Addendum as follows: (a) immediately upon providing written notice to the breaching party if the breach is not capable of being Cisco Systems, Inc. ATTACHMENT A -FINAL WSCA-NASPO Ts and Cs 3.12.14 A-3 2017-12-19 Agenda Packet Page 388 cured, and (b) thirty (30) calendar days after providing written notice to the breaching party if the breaching party fails to cure such breach within such thirty (30) calendar day period. Notwithstanding the foregoing, a Participating Addendum may be terminated immediately by Contractor for cause in the event of Purchaser's breach of the provisions relating to Software License or Confidential Information. The cure periods stated in the above paragraphs shall not apply to any failure(s) to perform that result from the willful or negligent acts or omissions of the aggrieved party. c. If Contractor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contractor shall be in breach of its obligations under this Master Agreement and Lead State shall have the right to exercise any or all of the following remedies: i. Exercise any remedy provided by law; and ii. Terminate this Master Agreement and any related Contracts or portions thereof; and iii. Suspend Contractor from receiving future bid solicitations; and iv. Suspend Contractor's performance; and v. Withhold payment until the default is remedied. d. In the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. 8. DELIVERY 8.1 After receipt and acceptance by Contractor of Customer's Order(s), Contractor will use commercially reasonable efforts to ship all direct orders designated for shipment to U.S. locations within thirty (30) days for all products. Please note that the following circumstances may affect lead times: (i) new products purchased within the first three (3) months of release of the product which are subject to Contractor's then current published lead-times, (ii) third-party stand-alone products which are not a component of equipment resold by Contractor, (iii) end-of-life products where the termination of the product has been announced by Contractor, (iv) products which have been line-stopped due to software discrepancies, reconfiguration, industry-wide product shortages, or alleged infringement claims, or (vi) situations where government rated orders create delays in lead-times. Notwithstanding the foregoing, at any t ime when Customer states "expedite" on an order or otherwise communicates to Contractor that an order is to be expedited, Contractor shall use all commercially reasonable efforts to ensure the earliest possible delivery of such products. 8.2 Contractor will communicate scheduled shipping dates in the order acknowledgement and/or on www.cisco.com within three (3) business days after receipt of an electronic order on www.cisco.com, provided, however, that in the event such notification is not received in this time period, Customer shall notify Contractor of the non-receipt, and Contractor's sole obligation with respect to such non-receipt shall be to promptly provide the information to the Customer after such notification. 8.3 If Contractor has reason to believe that the actual shipment date will occur later than the original shipment date acknowledged by Contractor for reasons caused by Contractor, Contractor shall use commercially reasonable efforts to promptly provide additional information to Customer including by electronic posting of the expected period of delay and, upon request, of the steps available, if any, to minimize the delay. If the extended delivery date is anticipated to be more than thirty (30) calendar days beyond the originally scheduled delivery date, the parties will work in good faith to resolve any ordering issues pursuant to the order escalation process. 8.4 Shipping terms are FOB destination, shipping and handling prepaid by Contractor. The method of shipment shall be consistent with the nature of the products and hazards of transportation. Title and risk of loss shall pass to Customer upon delivery. 8.5 If Customer requests delivery of products to Customer's forwarding agent or other representative, Customer assumes responsibility for compliance with applicable export laws and regulations. Cisco Systems, Inc. ATTACHMENT A -FINAL WSCA-NASPO Ts and Cs 3.12.14 A-4 2017-12-19 Agenda Packet Page 389 8.6 Contractor is not liable for damage or penalty for delay in delivery or for failure to give notice of delay. Contractor shall not have any liability in connection with product shipment other than as set forth in this Section. All sales are final. Except as provided in Contractor's Limited Warranty, Contractor only permits the return of un-opened products due to Contractor's shipping or order processing error, or damage in transit. No other returns are authorized under this Master Agreement. Warranty returns will not be subject to any restocking charges. 9. FORCE MAJEURE Neither party to this Master Agreement shall be held responsible for delay or default caused by including, but not limited to, fire, riot, acts of God and/or war which is beyond that party's reasonable control. WSCA-NASPO may terminate this Master Agreement after determining such delay or default will reasonably prevent successful performance of the Master Agreement. The obligations and rights of the excused party shall be extended on a day-by-day basis for the time period equal to the period of the excusable delay. When payments are delayed solely due to a force majeure event, late fees with respect to such payment will not accrue during the period of such force majeure event. 10. GOVERNING LAW This procurement and the resulting agreement shall be governed by and construed in accordance with the laws of the state sponsoring and administering the procurement. The construction and effect of any Participating Addendum or order against the Master Agreement(s) shall be governed by and construed in accordance with the laws of the Participating Entity's State. Venue for any claim, dispute or action concerning an order placed against the Master Agreement(s) or the effect of a Participating Addendum shall be in the Purchasing Entity's State. 11. INDEMNIFICATION Each party to this Agreement shall defend, indemnify, and hold harmless the other, its corporate affiliates and their respective officers, directors, employees, and agents and their respective successors and assigns from and against any and all claims, losses, liabilities, damages, and expenses (including, without limitation, reasonable attorneys' fees}, including without limitation those based on contract or tort, arising out of or in connection with a claim, suit, or proceeding brought by a third party based upon bodily injury (including death) or damage to tangible personal property (not including lost or damaged data) arising from the negligent or intentional acts or omissions of the indemnifying party or its subcontractors, or the officers, directors, employees, agents, successors, and assigns of any of them. In the event that the indemnified party's or a third party's negligent or intentional acts or omissions contributed to cause the injury or damage for which a claim of indemnity is being asserted against the indemnifying party hereunder, the damages and expenses (including, without limitation, reasonable attorneys' fees) shall be allocated or reallocated, as the case may be, between the indemnified party, the indemnifying party, and any other party bearing responsibility in such proportion as appropriately reflects the relative fault of such parties, or their subcontractors, or the officers, directors, employees, agents, successors, and assigns of any of them, and the liability of the indemnifying party shall be proportionately reduced. The foregoing indemnification obligations are conditioned upon the indemnified party promptly notifying the indemnifying party in writing of the claim, suit, or proceeding for which the indemnifying party is obligated under this Subsection, cooperating with, assisting, and providing information to, the indemnifying party as reasonably required, and granting the indemnifying party the exclusive right to defend or settle such claim, suit, or proceeding; provided that any such settlement or compromise includes a release of the indemnified party from all liability arising out of such claim, suit or proceeding. 12. INDEMNIFICATION-INTELLECTUAL PROPERTY 12.1 Contractor will have the obligation to defend any claim, action, suit, or proceeding ("IPR Claim") brought against Purchaser so far as it is based on a claim that any product supplied under this Master Agreement infringes Third Party IPR (as defined below). Contractor will indemnify Purchaser against any final judgment entered in respect of such an IPR Claim by a court of competent jurisdiction and against any settlements arising out of such an IPR Claim. Cisco Systems, Inc. ATTACHMENT A-FINAL WSCA-NASPO Ts and Cs 3.12.14 A-5 2017-12-19 Agenda Packet Page 390 Contractor's obligations to defend the IPR Claim and indemnify the Purchaser are conditional upon: 12.1.1 Purchaser notifying Contractor promptly in writing of the IPR Claim or threat thereof; 12.1.2 Purchaser giving Contractor full and exclusive authority for the conduct of the defense and settlement of the IPR Claim and any subsequent appeal; and 12.1.3 Purchaser giving Contractor all information and assistance reasonably requested by Contractor in connection with the conduct of the defense and settlement of the IPR Claim and any subsequent appeal. 12.2 For the purposes of this Master Agreement, UThird Party IPR" means a United States copyright existing as at the date of order or a United States patent issued as at the date of order. 12.3 If an IPR Claim has been made, or in Contractor's reasonable opinion is likely to be commenced, Purchaser agrees to permit Contractor, at its option and expense, either to: (a) procure for Purchaser the right to continue using the product; (b) replace or modify the product so that it becomes non-infringing; or (c) immediately terminate both parties' respective rights and obligations under this Master Agreement with regard to the product, in which case Purchaser will return the product to Contractor and Contractor will refund to Purchaser the price originally paid by Purchaser to Contractor for the product, as depreciated or amortized by an equal annual amount over three (3} years from date of original shipment. 12.4 Notwithstanding the foregoing, Contractor has no liability for, and Purchaser will defend and indemnify Contractor against, any IPR Claim arising from: 12.4.1 the combination, operation, or use of a product supplied under this Master Agreement with any product, device, or software not supplied by Contractor; 12.4.2 a Claim that asserts damages based upon the amount or duration of use which Purchaser makes of the product, revenue earned by Purchaser from services it provides which utilize the product, or services offered by Purchaser to external or internal customers; 12.4.3 the alteration or modification of any product supplied under this Master Agreement from and after the date such product is so supplied and such alteration or modification is not made by Contractor; 12.4.4 Contractor's compliance with Purchaser's designs, specifications, or instructions; or 12.4.5 Purchaser's use of the product after Contractor has informed Purchaser of modifications or changes in the product required to avoid such an IPR Claim if the alleged infringement would have been avoided by implementation of Contractor's recommended modifications or changes. THIS SECTION STATES THE ENTIRE OBLIGATION OF CONTRACTOR AND ITS SUPPLIERS, AND THE EXCLUSIVE REMEDY OF PURCHASER, IN RESPECT OF ANY INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OR PROPRIETARY RIGHTS. THIS INDEMNITY OBLIGATION AND REMEDY ARE GIVEN TO PURCHASER SOLELY FOR ITS BENEFIT AND IN LIEU OF, AND CONTRACTOR DISCLAIMS, ALL WARRANTIES, CONDITIONS, AND OTHER TERMS OF NON-INFRINGEMENT WITH RESPECT TO ANY PRODUCT. Limitation of Liability. Except for those obligations under Intellectual Property Infringement, General Indemnity, notwithstanding anything else herein, all liability of Contractor and its suppliers to any Participating Entity for claims arising under this Agreement, the applicable Participating Addendum, or otherwise shall be limited to Three Million Dollars ($3,000,000). This limitation of liability is cumulative and not per incident. Waiver of Consequential and Other Damages. In no event shall Contractor or its suppliers be liable for any incidental, special, indirect, or consequential damages, or lost or damaged data (except for a loss of Cisco Systems, Inc. ATTACHMENT A -FINAL WSCA-NASPO Ts and Cs 3.12.14 A-6 2017-12-19 Agenda Packet Page 391 Purchaser data caused by Contractor's negligence), arising in tort (including negligence), or otherwise, even if Contractor or its suppliers have been informed of the possibility thereof. 13. INDEPENDENT CONTRACTOR The contractor shall be an independent contractor, and as such shall have no authorization, express or implied to bind WSCA-NASPO or the respective states to any agreements, settlements, liability or understanding whatsoever, and agrees not to perform any acts as agent for WSCA-NASPO or the states, except as expressly set forth herein. 14. INDIVIDUAL CUSTOMER Except to the extent modified by a Participating Addendum, each Participating Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including but not limited to, any indemnity or to recover any costs allowed in the Master Agreement and applicable Participating Addendum for their purchases. Each Participating Entity will be responsible for its own charges, fees, and liabilities. The Contractor will apply the charges and invoice each Participating Entity individually. 15. INSURANCE Contractor shall, during the tenn of this Master Agreement, maintain in full force and effect, the insurance described in this section. Contractor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in the Participating Entity's state and having a rating of A-, Class VII or better, in the most recently published edition of Best's Reports. Failure to buy and maintain the required insurance may result in this Master Agreement's termination or at a Participating Entity's option, result in termination of its Participating Addendum. Coverage shall be written on an occurrence basis. The limits shall be as indicated below, with no deductible for each of the following categories: a) Commercial General Liability covering the risks of bodily injury (including death), property damage and personal injury, including coverage for contractual liability, with a limit of $1 million per occurrence/$2 million general aggregate; b) Contractor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. Contractor shall pay premiums on all insurance policies. Prior to commencement of the work, Contractor shall prov ide to the Participating Entity a written endorsement to the Contractor's general liability insurance policy that (i) names the Participating Entity as an additional insured, but only to the extent of liabilities falling within Contractor's indemnity obligations pursuant to the terms of this Master Agreement, and (ii) provides that the Contractor's liability insurance policy shall be primary, with any liability insurance of the Participating Entity as secondary and noncontributory. Contractor shall furnish to Participating Entity copies of certificates of all required insurance within thirty (30) calendar days of the Participating Addendum's effective date and prior to performing any work. Copies of renewal certificates of all required insurance shall be furnished within thirty (30) days after renewal date. These certificates of insurance must expressly indicate compliance with each and every insurance requirement specified in this section. Failure to provide evidence of coverage may, at State's sole option, result in this Master Agreement's termination. In addition, should any of the required insurance be cancelled or non-renewed, Contractor shall immediately replace such insurance and provide to Participating Entity a certificate of insurance evidencing the replacement insurance. Coverage and limits shall not limit Contractor's liability and obligations under this Master Agreement. 16. LAWS AND REGULATIONS Any and all supplies, services and equipment offered and furnished shall comply fully with all applicable Federal and State laws and regulations. 17. LICENSE OF PRE-EXISTING INTELLECTUAL PROPERTY 17.1 License. Conditioned upon compliance with the terms and conditions of the license granted herein or as represented in Contractor's End User License Agreement, Contractor grants to Cisco Systems, Inc. ATTACHMENT A-FINAL WSCA-NASPO Ts and Cs 3.12.14 A-7 2017-12-19 Agenda Packet Page 392 Customer a nonexclusive and nontransferable license to use for Customer's internal business purposes the Software and the Documentation for which Customer has paid the required license fees, subject to the terms herein and Exhibit 1, End User License Agreement. Customer's license to use the Software shall be limited to, and Customer shall not use the Software in excess of, a single hardware chassis or card or that number of agent(s), concurrent users, sessions, IP addresses, port(s), seat(s), server(s), or site(s), as set forth in the applicable Purchase Order which has been accepted by Contractor and for which Customer has paid to Contractor the required license fee. Unless otherwise expressly provided in the documentation, Customer shall use the Software solely as embedded in, for execution on, or (where the applicable documentation permits installation on non-Contractor equipment) for communication with Contractor equipment owned or leased by Customer and used for Customer's internal business purposes. For evaluation or beta copies for which Contractor does not charge a license fee, the above requirement to pay license fees does not apply. 17.2 General Limitations. This is a license, not a transfer of title, to the Software and Documentation, and Contractor retains ownership of all copies of the Software and Documentation. Customer acknowledges that the Software and Documentation contain trade secrets of Contractor, its suppliers or licensors, including but not limited to the specific internal design and structure of individual programs and associated interface information. Accordingly, except as otherwise expressly provided under this Agreement, Customer shall have no right, and Customer specifically agrees not to: 17 .2 .1 transfer, assign or sublicense its license rights to any other person or entity, or use the Software on unauthorized or secondhand Contractor equipment, and Customer acknowledges that any attempted transfer, assignment, sublicense, or use shall be void; 17.2.2 except as approved in writing by Contracto r, make error corrections to or otherwise modify or adapt the Software or cre ate derivative works based upon the Software, or permit third parties to do the same; 17 .2.3 reverse engineer or decompile, decrypt, disassemble, or otherwise reduce the Software to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction; 17.2.4 use or permit the software (other than embedded in the product) to be used to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of Contractor; or 17.2.5 except and to the extent expressly required by a Participating State's applicable records laws or final court order (provided that the Participating State provides: (1) prior written notice to Contractor of such obligation and (2) the opportunity to oppose such disclosure, provision, or otherwise making available), disclose, provide, or otherwise make available trade secrets contained within the Software and Documentation in any form to any third party without the prior written consent of Contractor. Customer shall implement reasonable security measures to protect such trade secrets. To the extent required by law, and at Customer's written request, Contractor shall provide Customer with the interface information needed to achieve interoperability between the Software and another independently created program, on payment of Contractor's applicable fee, if any. Customer shall observe strict obligations of confidentiality with respect to such information and shall use such information in compliance with any applicable terms and conditions upon which Contractor makes such information available. 17 .3 Software. upgrades/updates. and additional copies. NOlWITHSTANDING ANY OTHER PROVISION OF THIS MASTER AGREEMENT: (1) CUSTOMER HAS NO LICENSE OR RIGHT TO USE ANY ADDITIONAL COPIES OR Cisco Systems, Inc. ATTACHMENT A -FINAL WSCA-NASPO Ts and Cs 3.12.14 A-8 2017-12-19 Agenda Packet Page 393 UPGRADES UNLESS CUSTOMER, AT THE TIME OF ACQUIRING SUCH COPY OR UPGRADE, ALREADY HOLDS A VALID LICENSE TO THE ORIGINAL SOFTWARE AND HAS PAID THE APPLICABLE FEE FOR THE UPGRADE OR ADDITIONAL COPIES; (2) USE OF UPGRADES IS LIMITED TO CONTRACTOR EQUIPMENT FOR WHICH CUSTOMER IS THE ORIGINAL END USER PURCHASER OR LESSEE OR WHO OTHERWISE HOLDS A VALID LICENSE TO USE THE SOFTWARE WHICH IS BEING UPGRADED; AND (3) THE MAKING AND USE OF ADDITIONAL COPIES IS LIMITED TO NECESSARY BACKUP PURPOSES ONLY. 17.4 Proprietary Notices. Customer agrees to maintain and reproduce all copyright and other proprietary notices on all copies, in any form, of the Software in the same form and manner that such copyright and other proprietary notices are included on the Software. Except as expressly authorized in this Agreement, Customer shall not make any copies or duplicates of any Software without the prior written permission of Contractor. 17.5 Term and Termination of License. This license granted herein shall remain effective until terminated. Customer may terminate the license at any time by destroying all copies of Software and any Documentation except as to the minimum number of copies required by law to keep for archival records purposes only. Customer's rights under this license will terminate immediately if Customer fails to comply with any material provision of this license and Contractor will give Customer notice of such non-compliance. Upon termination, Customer shall destroy all copies of Software and Documentation in its possession or control. 17.6 Customer Records. Customer grants to Contractor and its independent accountants the right to examine Customer's books, records, and accounts during Customer's normal business hours to verify compliance with this license. In the event such audit discloses non-compliance with this license, Customer shall promptly pay to Contractor the appropriate license fees, plus the reasonable cost of conducting the audit In all other circumstances, the audit fees shall be paid by Contractor. 18. NO WAIVER OF SOVEREIGN IMMUNITY In no event shall this Master Agreement, any Participating Addendum or any contract or any purchase order issued thereunder, or any act of a Lead State or a Participating Entity, be a waiver by the Participating Entity of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. If a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for the Participating State. This section applies to a claim brought against the Participating State only to the extent Congress has appropriately abrogated the Participating State's sovereign immunity and is not consent by the Participating State to be sued in federal court. This section is also not a waiver by the Participating State of any form of immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States. 19. ORDER NUMBERS Master Agreement order and purchase order numbers shall be clearly shown on all acknowledgments, shipping labels, packing slips, invoices, and on all correspondence. Any such information will be per Contractor's existing free form structure, without customization. The purchase order numbers reflect Contractor's Fulfillment Partner purchase order numbers; however, Contractor will request that its Fulfillment Partners use reasonable efforts to provide the Customer purchase order number in the free form notes. ORDERS. Notwithstanding anything contained in the Master Agreement to the contrary: 1. Contractor reserves the right to require that purchases be made through Fulfillment Partners. Where so required by Contractor, Purchasers shall not order Products or Services directly from Contractor and shall order same from Fulfillment Partner. Purchaser shall purchase products by issuing a written or electronic Purchase Order, signed or (in the case of electronic transmission) sent by its authorized representative, indicating specific products, quantity, unit price, total Cisco Systems, Inc. ATTACHMENT A -FINAL WSCA-NASPO Ts and Cs 3.12.14 A-9 2017-12-19 Agenda Packet Page 394 purchase price, shipping instructions, requested delivery dates, bill-to and ship-to addresses, tax exempt certifications, if applicable, and any other special instructions. 2. Any contingencies on Purchaser's Purchase Orders are not binding upon Contractor. The terms and conditions of this Master Agreement and applicable Participating Addendum prevail, regardless of any additional or conflicting terms on the Purchase Order, or other correspondence from Purchaser to Contractor and any additional or conflicting terms are deemed rejected by Contractor unless Contractor has expressly agreed to such terms in writing. Mere acceptance or processing of a Purchase Order, Order, or Order Document containing such terms shall not constitute such express consent. 3. All Purchase Orders are subject to Contractor's reasonable acceptance (including performing any related credit checks). Contractor shall use commercially reasonable efforts to accept or reject orders in writing within ten (10) days from receipt, or within three (3) business days, if orders are placed electronically. 4. Purchaser may defer product shipment up to thirty (30) days from the originally scheduled shipping date, provided written notice is received by Contractor at least ten (10) days before the originally scheduled shipping date. Cancelled orders, rescheduled deliveries, or product configuration changes made by Purchaser less than ten (10) days before the original shipping date are subject to Contractor's acceptance and a charge of fifteen percent (15%) of the total invoice amount relating to the affected Product(s). Contractor reserves the right to reschedule delivery due to configuration changes made within ten (10) days of scheduled shipment. No cancellation shall be accepted by Contractor where products are purchased with implementation services, including but not limited to design, customization, or installation services , except as may be set forth in the agreement or Statement of Work under which the services are to be rendered. Notwithstanding anything to the contrary, if Contractor is delayed in shipping the product for thirty (30) days or more from the original shipping date, the Customer may cancel the order without charge. 5. Services. Purchaser may place Purchase Orders for the various services offered by Contractor. The provision of any such services, if accepted by Contractor, shall be subject to the terms and conditions set forth in this Agreement, including the Master Services Agreement attached hereto as Exhibit 2, as well as the then-current terms of service offerings set forth on Contractor's website at http://www.cisco.com/le ga l/services .htm l. Contractor reserves the right to subcontract services to a third party maintenance organization to provision services for Purchaser. 6. All stated prices are exclusive of any truces, fees, and duties or other similar amounts, however designated, and including without limitation value added, sales and withholding taxes which are levied or based upon such prices, charges, or upon this Master Agreement. Purchaser will pay sales and use taxes, if any, imposed on the Products and Services acquired under this Master Agreement, or furnish proof of its tax-exempt status upon request. Contractor will pay all other taxes based on Contractor's income or gross receipts, or personal property taxes levied or assessed on Contractor's personal property. In the event that the Purchaser is exempt from property and sales taxes, it will not be charged same. 7. Notwithstanding anything contained in the Master Agreement to the contrary, modifications which Contractor deems necessary to comply with specifications, changed safety standards or governmental regulations, to make the product non-infringing with respect to any patent, copyright, or other proprietary interest, or to otherwise improve the product may be made at any time by Contractor without prior notice to or consent of Purchaser or WSCA, and such altered product shall be deemed fully conforming. Contractor shall employ commercially reasonable efforts to announce, including by electronic posting, product discontinuance or changes other than those set forth in the previous sentence in accordance with Contractor's End-of-Life Policy, which is found at the following URL: http://www.cisco.com/c/en/us/products/eos-eol-policy.html~ Purchaser may make a last-time purchase of such products as set forth in such policy. 20. PARTICIPANTS WSCA-NASPO is the cooperative purchasing arm of the National Association of State Procurement Officials. It is a cooperative group contracting consortium for state government Cisco Systems, Inc. ATTACHMENT A -FINAL WSCA-NASPO Ts and Cs 3.12 .14 A-10 2017-12-19 Agenda Packet Page 395 departments, institutions, agencies and political subdivisions (e.g., colleges, school districts, counties, cities, etc.,) for all 50 states, the District of Columbia and the organized US territories. Obligations under this Master Agreement are limited to those Participating States who have signed a Participating Addendum where contemplated by the solicitation. Participating States incur no financial obligations on behalf of political subdivisions. Unless otherwise specified in the solicitation, the resulting award(s) will be permissive. Purchaser under a Participating Addendum shall have no liability to Contractor beyond funds that are appropriated and made available to the Purchaser by the applicable legislative body. If sufficient funds are not appropriated by legislative action to a Purchaser as to any future period, Purchaser may terminate its Order(s) prospectively as to such future perfonnance impacted by and to the extent of non- appropriation, or otherwise work with Contractor to arrive at a mutually acceptable resolution of the situation. Purchaser shall notify Contractor in writing of such non-appropriation within thirty (30) calendar days of final legislative action. 21. ENTITY PARTICIPATION Use of specific WSCA-NASPO cooperative Master Agreements by state agencies, political subdivisions and other entities (including cooperatives) authorized by individual state's statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official. 22.PAYMENT Upon and subject to credit approval by Contractor, payment is net thirty {30) days from invoice date. Invoices for products ordered without implementation services shall be rendered by Contractor on or after the date of delivery of such products to the Purchaser. It, at any time, Purchaser is delinquent in payment, or is otherwise in breach of this contract, Contractor may, without prejudice to other rights, withhold shipment (including partial shipments) of any order or require Purchaser to prepay for further shipments. Any sum not paid by Purchaser when due shall bear interest until paid at a rate of 1 percent per month (12 percent per annum) or the maximum legal rate, whichever is less. Purchaser grants Contractor a security interest in products purchased under this contract to secure payment for those products purchased which security interest shall expire upon full payment in accordance with the terms. If requested by Contractor, Purchaser agrees to execute financing statements to perfect this security interest. Payments may be made via a State or political subdivision "Purchasing Card" to Fulfillment Partners under this contract. Where permitted by the law of the Participating State/Entity, lease financing is an allowable payment option under the resulting contract. The terms and conditions of the capital lease financing arrangement with Cisco Capital, or its designated and/or approved financing partner, will be set forth between the purchaser and Cisco Capital or its designated and/or approved financing partner. 23. PUBLIC INFORMATION This Master Agreement and all related documents are subject to disclosure pursuant to the Participating Entity's public information laws. 24. RECORDS ADMINISTRATION AND AUDIT The contractor will maintain, or require the maintenance of all records necessary to properly account for the payments made to the contractor for costs authorized by this Master Agreement. These records will be retained by the contractor for at least four years after the Master Agreement terminates, or until all audits initiated within the four years have been completed, whichever is later. The contractor agrees to allow WSCA-NASPO, State and Federal auditors, and state agency staff access to all the records of this Master Agreement and any order placed under this Master Agreement, for audit and inspection, and monitoring of services. Such access will be 1) with at least ten (10) business days advance written notice, during normal business hours,, 3) shall not unduly interrupt or interfere with Contractor's normal business operations, and 4) in the event that such audit is conducted by a third party, such third party shall, prior to conducting such audit, execute a confidentiality agreement for the benefit of Contractor in a form reasonably satisfactory to Contractor. Cisco Systems, Inc. ATTACHMENT A-FINAL WSCA-NASPO Ts and Cs 3.12.14 A-11 2017-12-19 Agenda Packet Page 396 25. REPORTS and ADMINISTRATIVE FEES The contractor shall submit quarterly reports to the WSCA- NASPO Contract Administrator showing the quantities and dollar volume of purchases by each participating entity. The contractor must pay a WSCA-NASPO administrative fee of one quarter of one percent (.25%) in accordance with the terms and conditions of the Master Agreement. The WSCA-NASPO administrative fee shall be submitted quarterly and is based on sales of products and services . The WSCA-NASPO administration fee is not negotiable. This fee is to be included as part of the pricing submitted with proposal. Additionally, some States may require that an additional fee be paid directly to the State on purchases made by procuring entities within that State. For all such requests, the fee level , payment method and schedule for such reports and payments will be incorporated in a Participating Addendum that is made a part of the Master Agreement. The contractor may adjust the Master Agreement pricing accordingly for purchases made by procuring agencies within the jurisdiction of the State. All such agreements may not affect the WSCA-NASPO administrative fee or the prices paid by the procuring agencies outside the jurisdiction of the State requesting the additional fee. 26. STANDARD OF PERFORMANC E AND ACCEPTANCE Purchaser has thirty (30) days after Product delivery to inspect the Product for external damage and for any concealed damage ("Acceptance Period"). If external or concealed damage is revealed during the Acceptance Period , then Purchaser shall notify Contractor. At Contractor's option, Contractor shall 1) repair such damage, 2) ship a replacement, or 3) refund the purchase price (upon return of the Product). After such Acceptance Period the Products shall be deemed accepted. 27. Section Intentionally Left Blank. 28. TITLE OF PRODUCT Title and risk of loss shall pass to Purchaser upon delivery. Any transfers of Embedded Software shall be per Contractor's then-current Transfer and Re-Licensing Policy. 29. WAIVER OF BREACH Failure of Lead State or Participating Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Lead State or Participating Entity must be in writing . Waiver by the Lead State or Participating Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or breach of any terms or requirements shall not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement or Participating Addendum. 30. WARRANTY All products are sold with Contractor's standard limited warranty listed below: 30.1 Hardware. Contractor warrants that from the date of shipment by Contractor to Customer, and continuing for a period of the longer of (a) ninety (90) days or (b) the period set forth in the Warranty Card accompanying the product, the Hardware will be free from defects in material and workmanship, under normal use . This limited warranty extends only to the original user of the product. Customer's sole and exclusive remedy and the entire liability of Contractor and its suppliers under this limited warranty will be, at Contractor's or its service center's option, shipment of a replacement within the period and according to the replacement process described in the Warranty Card, or a refund of the purchase price , if the Hardware is returned to the party supplying it to Customer, if different than Contractor, freight and insurance prepaid. Contractor replacement parts , used in Hardware repair, may be new or equivalent to Cisco Systems, Inc. ATTACHMENT A -FINAL WSCA-NASPO Ts and Cs 3.12 .14 A-12 2017-12-19 Agenda Packet Page 397 new. Contractor's obligations hereunder are conditioned upon the return of affected products, in accordance with Contractor's then-current Return Material Authorization (RMA) procedures. 30.2 Software. Contractor warrants that from the date of delivery by Contractor to Customer (but in case of resale by a Contractor reseller, commencing not more than ninety (90) days after original shipment by Contractor), and continuing for a period of the longer of (a) ninety (90) days or (b) the period set forth in the Warranty Card accompanying the product (if any): (a) the media on which the Software is furnished will be free of defects in materials and workmanship, under normal use; and (b) the Software substantially conforms to its published specifications. The date of shipment of a product by Contractor is set forth on the packaging material in which the product is shipped. Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to the Customer who is the original licensee. Customer's sole and exclusive remedy and the entire liability of Contractor and its suppliers under this limited warranty will be, at Contractor or its service center's option, repair, replacement, or refund of the Software if reported (or, upon request, returned) to the party supplying the Software to Customer, if different than Contractor. In no event does Contractor warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions . In addition, due to the continual development of new techniques for intruding upon and attacking networks, Contractor does not warrant that the Software or any equipment, system, or network on which the Software is used will be free of vulnerability to intrusion or attack. 30.3 Restrictions. This warranty does not apply if the product (a) has been altered, except by Contractor, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Contractor, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is sold or, in the case of Software, licensed, for beta, evaluation, testing, or demonstration purposes for which Contractor does not receive a payment of purchase price or license fee. 30.4 DISCLAIMER OF WARRANTY. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD. This disclaimer shall apply even if the above-stated warranty fails of its essential purpose. The above warranty does not apply to any beta software, any software made available for testing or demonstration purposes, any temporary software modules or any software for which Contractor does not receive a license fee. All such software is provided AS IS without any warranty whatsoever. 31. ASSIGNMENT OF ANTITRUST RIGHTS Contractor irrevocably assigns to a Participating Entity any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1-15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided to the Contractor for the purpose of carrying out the Contractor's obligations under this Master Agreement or Participating Addendum, including, at a Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action. Contractor shall require any subcontractors hired to perform any of Contractor's obligations, under this Master Agreement or Participating Addendum, to irrevocably assign to a Participating Entity, as third party beneficiary, any right, title or interest that has accrued or which may accrue in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1-15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided to the subcontractor for the purpose of carrying out the subcontractor's obligations to Cisco Systems, Inc. A ITACHMENT A -FINAL WSCA-NASPO Ts and Cs 3.12.14 A-13 2017-12-19 Agenda Packet Page 398 the Contractor in pursuance of this Master Agreement or Participating Addendum, including, at a Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action. 32. WSCA-NASPO eMARKET CENTER Awarded responders are required to participate in the WSCA- NASPO eMarket Center and, working through WSCA-NASPO's contractor (SciQuest), connect with the eMarket Center. The ideal situation would be to use either a hosted (by SciQuest) or Punchout Level 2 catalog configurations, but actual requirements will be determined by the Lead State Contract Administrator, WSCA-NASPO, WSCA-NASPO's contractor (SciQuest) and the awarded contractor, after award. Participation does not require an awarded responder to have any special level of technology or technological understanding. Definitions Contractor -means the person or entity delivering Products or performing services under the terms and conditions set forth in this Master Agreement. Lead State -means the State conducting this cooperative solicitation and centrally administering any resulting Master Agreement with the permission of the Signatory States. Master Agreement -means the underlying agreement executed by and between the Lead State, as WSCA-NASPO contract administrator, acting on behalf of WSCA-NASPO, and the Contractor, as now or hereafter amended. Order -means any purchase order, sales order, or other document used by a Participating Entity to order the Products. Participating Addendum -means a bilateral agreement executed by a Contractor and a Participating Entity incorporating this Master Agreement and any other additional Participating Entity specific language or other requirements ,e.g. ordering procedures specific to the Participating Entity, other terms and conditions. Participating Entity -means a state, or other legal entity, properly authorized by a state to enter into the Master Agreement or Participating Addendum or who is authorized to order under the Master Agreement or Participating Addendum. Product -Any equipment, software (including embedded software), documentation, or deliverable supplied or created by the Contractor pursuant to this Master Agreement. WSCA-NASPO -is a cooperative group contracting consortium for state procurement officials, representing departments, institutions, agencies, and political subdivisions (i.e., colleges, school districts, counties, cities, etc.) for all states and the District of Columbia. WSCA-NASPO is a cooperative purchasing arm of the National Association of State Procurement Officials (NASPO). Additional Definitions and Alternative Terms Customer -see "Purchaser'' or "Participating Entity." Documentation -means user manuals, training materials, product descriptions and specifications, technical manuals, license agreements, supporting materials, and other information relating to Products or Advanced Services offered by Contractor, whether distributed in print, electronic, CD-ROM, or video format. Effective Date -means June 1, 2014. Fulfillment Partner (also referred to as "Reseller" or "Authorized Reseller") -means a third-party contractor qualified and authorized by Contractor, and approved by the Participating State under a Participating Addendum, who may, to the extent authorized by Contractor, fulfill any of the requirements of this Master Agreement including but not limited to providing Products and Services under this Master Agreement and billing Purchasers directly for such Products and Services. Contractor may, upon written Cisco Systems, Inc. ATTACHMENT A -FINAL WSCA-NASPO Ts and Cs 3.12.14 A-14 2017-12-19 Agenda Packet Page 399 notice to the Participating State, add or delete authorized Fulfillment Partners as necessary at any time during the contract term. Fulfillment Partner has no authority to amend this Master Agreement or to bind Contractor to any additional terms and conditions. Participating State -see "Participating Entity." Purchaser -(also referred to as "Customer") means: (a) the Lead State, (b) any office, department, commission, council, board, committee, institution, legislative body, agency, public authority, public benefit corporation, other government corporation, or public educational institution of a Participating State or a Local Public Body within such Participating State, provided that such entity is authorized, under applicable laws, rules and/or regulations of the Participating State, (i) to purchase Product(s) and Services pursuant to this Master Agreement solely by execution of the applicable Participating Addendum, and (ii) to legally bind such body to the terms of such agreement solely by the issuance of a Purchase Order, Order, or Order Document in accordance with and pursuant to this Master Agreement, and (iii) has been authorized by the WSCA Contract Manager and Contractor to participate under this Master Agreement. Purchase Order -see "Order." Services -"Services" means those services within the scope of this Master Agreement, to include the attached Master Services Agreement, and listed on Contractor's then-current Global Price List, including consulting, training, installation and maintenance services, and/or other services related to the products being acquired and further described at cisco.com and which are subject to the terms of service set forth in the SOW Terms and Conditions. (Revised M ar ch 2013) Cisco Systems, Inc. ATTACHMENT A -FINAL WSCA-NASPO Ts and Cs 3.12.14 A-15 2017-12-19 Agenda Packet Page 400 "''""' CISCO. Exhibit 1 -Additional Vendor Terms and Conditions End User License Agreement (EULA) Cisco Systems, Inc. or its affiliate licensing the software ("Cisco") is willing to license this software to you only upon the condition that you purchased the software from an approved source and that you accept all of the terms contained in this end-user license agreement plus any additional limitations on the license set forth in a supplemental license agreement accompanying the product, available at the time of your order, or posted on the Cisco website at www.cisco.com/go/terms (collectively, the "agreement"). To the extent of any conflict between the terms of this end-user license agreement and any supplemental license agreement, the supplemental license agreement shall apply. By downloading, installing, or using the software, you are representing that you purchased the software from an approved source and binding yourself to the agreement. if you do not agree to all of the terms of the agreement, then Cisco is unwilling to license the software to you and (a) you may not download, install, or use the software, and (b) you may return the software (including any unopened cd package and any written materials) for a full refund, or (c), if the software and written materials are supplied as part of another product, you may return the entire product for a full refund. Your right to return and refund expires 30 days after purchase from an approved source, and applies only if you are the original and registered end user purchaser. For the purposes of this end-user license agreement, an "approved source" means (a) Cisco; or (b) a distributor or systems integrator authorized by Cisco to distribute/sell Cisco equipment, software, and services within your territory to end users; or (c) a reseller authorized by any such distributor or systems integrator in accordance with the terms of the distributor's agreement with Cisco to distribute/s ell the Cisco equipment software and services within your territory to end users. Please note that the remaining license terms are addressed in the WSCA -NAS PO Master Agreement Terms and Conditions. Cisco Systems, Inc. ATTACHMENT A-FINAL WSCA-NASPO Ts and Cs 3.12.14 1 2017-12-19 Agenda Packet Page 401 .1111111. CISCO .. Exhibit 2 -Additional Vendor Terms and Conditions Master Services Agreement This Master Services Agreement governs all Orders for Services placed under the WSCA NASPO Master Agreement Terms and Conditions ("WSCA Master Agreement"). This Agreement is entered into between Cisco Systems, Inc. ("Cisco"), a California corporation having its principal place of business at 170 West Tasman Drive, San Jose, California, 95134 and the WSCA- NASPO Cooperative Purchasing Organization LLC ("WSCA"), on behalf of their Public Sector Customers formed under the laws of United States ("Customer") having its principal place of business at State of Utah, Division of Purchasing and General Services, State Office Building, Capitol Hill, Room 3150, Salt Lake City, UT 84114-1061, United States, and is entered into as June 1, 2014. This Master Services Agreement consists of (i) the Master Services Agreement Terms and Conditions (including the Exhibits), (ii) incorporated Sections from the WSCA NASPO Terms and Conditions and (iii) the Services Descriptions of the Services at cisco.com that the WSCA Customer may elect to purchase, which are incorporated in this Agreement by this reference. Master Services Agreement -Terms and Conditions 1. Definitions are those set out in the Exhibit A, Glossary of Terms at the end of the Agreement. 2. Scope. This Agreement describes the terms and conditions for Purchases by Customer of Services,. Customer will be entitled to receive Services for which (i) the applicable Services fees have been paid, (ii) a valid Software license has been granted, and (iii) Customer provides information requested by Cisco such as valid serial numbers, site location, contract number, and Product type. 3. Orders. Terms of this Section are covered in the WSCA NASPO Terms and Conditions. 4. Pricing. For Direct Purchases, and subsequent Equipment List renewals, prices for Services shall be (a) those specified in Cisco's then-current Price List less any applicable contract discount in effect under the WSCA Master Agreement at the time of acceptance of the Purchase Order by Cisco, or (b) those set forth in a written price quotation submitted by Cisco or its Fulfilment Partner, if at or below the stated contract discount. All stated prices are exclusive of taxes, fees, and duties or other amounts in accordance with the WSCA Master Agreement. Any taxes related to Services purchased pursuant to this Agreement shall be paid by Customer or Customer shall present an exemption certificate acceptable to the taxing authorities. Applicable taxes shall be billed as a separate item on the invoice, to the extent possible. In the event that Customer is unable to provide valid and applicable serial number(s) for Product and Cisco agrees to provide Services, then Service fees payable by Customer shall be at Cisco's then-current time and materials or non-contract service rates. Subject to the price discount floor established by Cisco under the WSCA Master Agreement, for Indirect Purchases, Fulfillment Partners are free to determine their resale prices unilaterally. Customer understands that no employee or representative of Cisco or anyone else has any authority to determine such resale prices, or to limit the Fulfillment Partners' pricing discretion with respect to Services. 5. Payment. Terms of this Section are covered in the WSCA NASPO Terms and Conditions. 6. Invoicing. Fees for Services, other than those for which a SOW is required, shall be invoiced in advance of delivery of Services. The timing of invoices for Services provided pursuant to a SOW shall be set forth in the respective SOW. 7. Term and Termination. Cisco Systems, Inc. ATTACHMENT A-FINAL WSCA-NASPO Ts and Cs 3.12.14 2 2017-12-19 Agenda Packet Page 402 ·•l•·ll•· CISCO .. (a) The term of any service order shall commence on the Effective Date of the Order and shall continue for a period of one (1) year, or such other multi-year period as set forth in the purchase order or SOW. Such term will be renewed automatically for successive one (1) year terms unless either party notifies the other of its intent to terminate at least sixty (60) days prior to the expiration of the then current term. (b) The term of an Equipment List shall commence on the date set forth on such. (c) Equipment List, which may be up to sixty (60) days following the date of Purchase Order acceptance by Cisco. The term of an Equipment List shall be for a period of one (1) year and shall be renewed automatically for successive one (1) year terms, unless either party notifies the other of its intent to terminate at least sixty (60) days prior to the expiration of the then current one ( 1) year term. (d) The term of each SOW shall be stated in the SOW. This Master Service Agreement may be terminated in accordance on the same terms as set forth in the WSCA Master Agreement. Any Equipment List or SOW may be terminated immediately by either party upon written notice. If Services fees are not paid when due and payment has not been received within thirty (30) days after notice from Cisco of such past due payment, Cisco may withhold the provision of Services until all amounts past due are paid in full, and/or terminate immediately this Agreement, any Equipment List, and sow. (e) Cisco reserves the right to make changes to the scope and content of the Services or part thereof, induding terminating the availability of a given Service, at any time upon ninety (90) days' prior notice. Such changes will become effective upon renewal of the affected Equipment Lists and SOWs. If Customer does not agree to a change of scope or content, Customer may terminate any affected Equipment List or SOW by notifying Cisco at least sixty (60) days prior to the expiration of the then current one (1) year term of the Equipment List or SOW. In such case, Cisco shall continue to provide Services until the next expiration date of the affected Equipment List or SOW. (f) Each Equipment List and SOW hereunder shall terminate immediately upon termination of the Agreement. (g) Upon termination of the Agreement, any Equipment List, or SOWs, Customer shall pay Cisco for all work performed under the affected Equipment Lists or SOWs up to the effective date of termination at the agreed-upon prices, fees, and expense reimbursement rates. (h) Firm orders for services under this Master Services Agreement placed and accepted prior to expiration of the contract term, (even if involving a multi-year commitment) remain valid in accordance with the contract terms which shall remain binding as to such prior orders only for the term stated therein, and shall not otherwise constitute an extension of the Master Services Agreement. Additional terms governing Term and Termination are covered in the WSCA NASPO Terms and Conditions. 8. Confidentiality. Terms of this Section are covered in the WSCA NASPO Terms and Conditions. 9. Warranty. All services provided hereunder shall be performed in a workmanlike manner in accordance with industry standards expected of a company providing professional services in the networking industry. Except as specified in this section, Cisco hereby disclaims and customer waives all representations, conditions, and warranties (whether express, implied, or statutory), including without limitation, any warranty or condition (a) of merchantability, fitness for a particular purpose, non-infringement, title, satisfactory quality, accuracy, (b) arising from any course of dealing, course of performance, or usage in the industry. To the extent an implied warranty cannot be disclaimed, such warranty is limited in duration to the applicable express warranty period. Customer's sole and Cisco Systems, Inc. ATTACHMENT A -FINAL WSCA-NASPO Ts and Cs 3.12.14 3 2017-12-19 Agenda Packet Page 403 .. 1 ... 1 .. CISCO. exclusive remedy for breach of warranty shall be, at Cisco's option, re-performance of the services; or termination of this agreement or the applicable equipment list or SOW and return of the portion of the service fees paid to Cisco by customer for such non-conforming services. 10. Limitation of Liability and Consequential Damages Waiver. Terms of this Section are covered in the WSCA NASPO Terms and Conditions. 11. License. Terms of this Section are covered in the WSCA NASPO Terms and Conditions. 12. Ownership. Cisco shall at all times retain all right, title, and interest in and to all pre-existing Intellectual Property owned by Cisco as of the Effective Date and all Intellectual Property in and to the Services, Cisco Products, Deliverables, and Data Collection Tools or other Intellectual Property provided or developed by Cisco or a third party on Cisco's behalf thereafter. Customer shall at all times retain all right, title, and interest in and to all pre-existing Intellectual Property owned by Customer as of the Effective Date and all Intellectual Property that is developed by Customer or by a third party on Customer's behalf thereafter without the benefrt of any of Cisco's Intellectual Property. Third Party Products shall at all times be owned by the applicable third party. 13. Force Majeure. Terms of this Section are covered in the WSCA NASPO Terms and Conditions. 14. Applicable law and Jurisdiction. Terms of this Section are covered in the WSCA NASPO Terms and Conditions. 15. Export Control. Customer shall comply with such laws and regulations governing use, export, re- export, and transfer of Cisco Products and technology and will obtain all required U.S. and local authorizations, permits, or licenses. Information regarding compliance with U.S. use, export, re- export, and transfer laws may be found at: http://www.c isco.com/wwl/export/comQ li ance provis ion.h tm l. 16. Assignment. Terms of this Section are covered in the WSCA NASPO Terms and Conditions. 17. Subcontracting. C isco reserves the right to subcontract Services to a third party organization including Fulfilment Partners or Servicing Subcontractors (as defined in the WSCA Master Agreement) to provide Services to Customer; provided that invoicing and/or payments will only be handled by and through Cisco and its authorized Fulfilment Partners. Any such subcontract shall not relieve Cisco of any of its obligations under this Agreement. If Contractor or its Fulfillment Partners are using servicing subcontractors for the performance of local marketing, maintenance, and/or technical support services in accordance with the terms and conditions of this Contract, servicing subcontractors may not directly accept purchase orders or payments for products or services from Purchasers under the terms and conditions of the contract. Only Contractor or Fulfillment Partners authorized by Cisco may directly accept purchase orders, invoice, or receive pa ym ents for products or services under the terms and conditions of the contract. The authorized Purchaser has the option of choosing whether to purchase the associated OEM maintenance and/or training to support the equipment purchased. 18. Inventory Review. From time-to-time Cisco may perform an inventory review of Customer's installed base and review serial numbers and other records (upon reasonable advance notice) to validate entitlement. Cisco will charge a Service fee if it finds that unauthorized Services are being provided. This Service fee includes amounts which should have been paid, interest, and attorneys' and audit fees. Attorneys' and audit fees will only be payable by the customer where the discrepancy exceeds 5 percent of the amount otherwise due and payable. Cisco requires that Customer take all necessary action (for example, disabling passwords) to ensure that any former employees and contractors do not access or use the Service. 19. Notices. Notwithstanding anything contained in the Agreement to the contrary, all notices required or permitted under this Agreement will be in writing and will be deemed given: (a) when delivered personally; (b) when sent by confirmed facsimile or electronic mail (in the case of Cisco to Agreement-notice@cisco.com), (provided that the original document is placed in air mail/air courier or delivered personally, within seven (7) days of the facsimile electronic notice); (c) three (3) days after having been sent by registered or certified mail, return receipt requested, postage prepaid (or six [6] Cisco Systems, Inc. ATTACHMENT A -FINAL WSCA-NASPO Ts and Cs 3.12.14 4 2017-12-19 Agenda Packet Page 404 .. , ... , .. CISCO . days for international mail); or (d) one (1) day after deposit with a commercial express courier specifying next day delivery (or two (2) days for international courier packages specifying 2-day delivery), with written verification of receipt. All communications will be sent to the addresses set forth on the cover sheet of this Agreement or such other address as may be designated by a party by giving written notice to the other party pursuant to this paragraph. Notwithstanding the above, notices regarding general changes in pricing, policies, or programs may also be by posting on Cisco.com or by email or fax. 20. Entire Agreement . This Master Services Agreement, in addition to the general provisions of the WSCA Master Agreement pertinent to Services , is the complete agreement between the parties concerning the subject matter of this Agreement and replaces any prior oral or written communications between the parties, except as agreed between the parties. There are no conditions, understandings, agreements, representations, or warranties expressed or implied, that are not specified herein. This Agreement may only be modified by a written document executed by the parties hereto. 21. No Waiver. The waiver by either party of any right provided under this Agreement shall not constitute a subsequent or continuing waiver of such right or of any other right under this Agreement. 22. Severability. In the event that one or more terms of this Agreement becomes or is declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, each such term shall be null and void and shall be deemed deleted from this Agreement. All remaining terms of this Agreement shall remain in full force and effect. Notwithstanding the foregoing, if this paragraph is invoked and, as a result, the value of this Agreement is materially impaired for either party, as determined by such party in its sole discretion, then the affected party may terminate this Agreement by written notice with immediate effect to the oth er. 23. Attorneys' Fees. In any suit or proceeding relating to this Agreement, the prevailing party will have the right to recover from the other its costs and reasonable fees and expenses of attorneys, accountants, incurred in connection with the suit or proceeding, including costs, fees, and expenses upon appeal, separately from and in addition to any other amount included in such judgment. This provision is intended to be severable from the other provisions of this Agreement, and shall survive expiration or termination and shall not be merged into any such judgment unless the judgment expressly precludes survivability. 24. No Agency. This Agreement does not create any agency, partnership, joint venture, or franchise relationship. No employee of either party shall be or become, or shall be deemed to be or become, an employee of the other party by virtue of the existence or implementation of this Agreement. Each party hereto is an independent contractor. Neither party shall assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever. 25. Counterparts. This Agreement may be executed in two counterparts, each of which shall be deemed an original and together which shall constitute one and the same instrument. A validly executed counterpart that is delivered by one party to the other via electronic transmission (a "Counterpart Image") shall be valid and binding to the same extent as one delivered physically, provided that the valid signature is clearly visible in the Counterpart Image. In the event that a party delivers a Counterpart Image in place of an originally-executed counterpart, such party shall retain the originally-executed counterpart in its files for at least the duration of the Term hereof. 26. Headings. Headings of sections have been added solely for convenience of reference and shall not be deemed part of this Agreement. 27. Survival. Sections 5 (Payment), 7 (Term and Termination). 8 (Confidentiality). 9 (Warranty), 10 (Limitation of Liability and Consequential Damages Waiver). 11 (License), 12 (Ownership), 13 (Force Majeure). 14 (Applicable Law and Jurisdiction). 15 (Export Control), Section 18 (Inventory Review), 19 (Notices), 20 (Entire Agreement), 21 (No Waiver). 22 (Severability). 23 (Attorneys' Fees). 24 (No Agency), 27 (Survival), and the Glossary of Terms shall survive the termination or expiration of this Agreement. Cisco Systems, Inc. ATTACHMENT A -FINAL WSCA-NASPO Ts and Cs 3.12.14 5 2017-12-19 Agenda Packet Page 405 .. , ... , .. CISCO. Exhibit A Glossary of Terms In addition to the Definitions set forth in the WSCA Master Agreement, the following definitions shall apply to this Services Agreement: Additional Services means installation of new Hardware, system additions, Hardware upgrades, dispatch of a field engineer, or non-mandatory engineering changes otherwise within the scope of the WSCA Master Agreement. Advance Replacement means shipment of replacement Field-Replaceable Unit (FRU) before receiving failed or defective FRU. Advanced Services means the proactive Services within the scope of the WSCA Master Agreement, and as set forth in the AS Service Description(s) found at http://www.cisco.com/go/servicedescriptions throughout the term of the agreement and/or SOW(s) selected by the Customer. Advanced Services does not include Cisco's core maintenance services, such as SMARTnet or Software Application Services, nor does it apply to the purchase, support, or maintenance of any Products. Advanced Services Engineer means the C isco engineer appointed to be the main point of contact for a Customer purchasing Advanced Services. Application Software means non-resident or standalone Software Products listed on the Price List and within the scope of the WSCA Master Agreement, that include but are not limited to Cisco Systems® Network management Software, security Software, IP telephony Software, Internet appliance Software, Cisco® Intelligent Contact Management Software, IP Contact Center Software, and Cisco Customer Interaction Suite Software. Business Days means the generally accepted days of operation per week within the relevant region where the Services shall be performed, excluding local holidays as observed by Cisco. Cisco.com (http://www.cisco.co m) is the Cisco website for its suite of online services and information. Confidential lnfonnation means proprietary and confidential Information received by Cisco or Customer in connection with the Agreement and their relationship. Such Confidential Information may include, but is not limited to, trade secrets, know how, inventions, techniques, processes, programs, schematics, Software source documents, data, Customer lists, financial information, and sales and marketing plans or information which the receiving party knows or has reason to know is confidential, proprietary, or trade secret information of the disclosing party, as well as, in the case of Cisco, any information posted on Cisco.com. Customer as defined in the WSCA Master Agreement means the entity purchasing Services for its own internal use either directly or through a Fulfilment Partner. Data Collection Tools means Hardware or Software tools that support Cisco's ability to provide troubleshooting on critical cases, data analysis, and report-generation capabilities. Depot Time or Local Time means Central European Time for Services provided in Europe-Middle-East and Africa, Australia's Eastern Standard Time for Services provided in Australia, Japan's Standard Time for Services provided in Japan, and Pacific Standard Time for Services provided in all other locations. Deliverable means, with respect to each SOW, the items specified as deliverables in the SOW. Device Type means a Cisco supported Hardware Product (for example, Cisco Catalyst® 6509 Switch, GSR 12000, and Cisco 7200 Series Router). Direct Purchases means purchases of Services by Customer directly from Cisco. Documentation is user manuals, training materials, Product descriptions and specifications, technical manuals, license agreements, supporting materials, and other information relating to Products or Services offered by Cisco, whether distributed in print, electronic, CD-ROM, or video format. Cisco Systems, Inc. ATTACHMENT A-FINAL WSCA-NASPO Ts and Cs 3.12.14 6 2017-12-19 Agenda Packet Page 406 .. , ... , .. CISCO .. Equipment List means the list of Hardware and/or Software for which Cisco provides services . Event means notification by Customer of its performance of a planned Network Hardware, Software, or configuration change. Feature Set Upgrade means a separately licensed and priced Software release that contains an enhanced configuration or feature set. Field-Replaceable Unit (FRU) means any component or subassembly of an item or unit of Hardware that reasonably can be replaced at Customer's location. FRUs also may be subject to size and weight limitations. Four-hour Response means: (i) For Advance Replacement Service, the four-hour time period commences upon the Cisco problem diagnosis and determination that a FRU is required and ends when the FRU is delivered onsite. (ii) For onsite service, the four-hour time period commences upon the Cisco problem diagnosis and determination that remedial onsite service is required and ends when Cisco personnel arrive on site. Fulfilment Partner means a system integrator, distributor or reseller authorized by Cisco to sell Services under the WSCA Master Agreement in a Participating State. Hardware means tangible Cisco equipment, devices, or components made available to Customers. Indirect Purchases means purchases of Services by Customer through a Fulfilment Partner. Intellectual Property means any and all tangible and intangible: (i) rights associated with works of authorship throughout the world, including but not limited to copyrights, neighboring rights, moral rights, and mask works, and all derivative works thereof, (ii) trademark and trade name rights and similar rights, (iii) trade secret rights, (iv) patents, designs, algorithms, and other industrial property rights, (v) all other intellectual and industrial property rights (of every kind and nature throughout the world and however designated) whether arising by operation of law, contract, license, or otherwise, and (vi) all registrations, initial applications, renewals, extensions, continuations, divisions, or reissues thereof now or hereafter in force (including any rights in any of the foregoing). Level 1 means support that is defined as having the necessary technical staff (Cisco or Cisco-authorized Reseller) with appropriate skill, perform installations, Remedial Hardware Maintenance, and basic Hardware and Software configuration on Cisco Products. Level 2 means support that is defined as having the necessary technical staff with the appropriate skills to perform isolation, replication, and diagnosis of Internet-based problems on Cisco Product(s). Customer shall not report Software bugs to Cisco prior to attempting to identify the source of such bugs and testing in Customer's Network where appropriate. If the Customer cannot duplicate the bug in Customer's Network, Customer and Cisco shall cooperate in attempting to replicate and resolve related Software bugs in either Customer's or Cisco's test facility as mutually agreed. In all cases Customer will address Software bugs on a best effort basis to replicate same in Customer's Network and document activity to Cisco before seeking further resolution with Cisco's participation. Local Time means local time on Business Days. Maintenance Release means an incremental Software release that provides maintenance fixes and may provide additional Software functions. Cisco designates Maintenance Releases as a change in the digits to the right of the tenths digit or of the hundredths digit of the Software version number [x.x.(x) or x.x.x.(x)]. Major Release means a release of Software that provides additional software functions. Cisco designates Major Releases as a change in the ones digit of the Software version number [(x).x.x]. Minor Release means an incremental release of Software that provides maintenance fixes and additional Software functions. Cisco designates Minor releases as a change in the tenths digit of the Software version number [x.(x).x]. Cisco Systems, Inc. ATTACHMENT A-FINAL WSCA-NASPO Ts and Cs 3.12.14 7 2017-12-19 Agenda Packet Page 407 • I I I • I I I • CISCO .. Network means a set of interconnected and interworking Cisco supported Hardware and Software that is implemented, operated, and supported by Customer from a single Network Operations Center (NOC). Network Infrastructure means your core transport and aggregation Network technology (for example, metro optical, ATM/Frame Relay, IP core, and Cisco security devices including, but not limited to, Firewall, IDS, and VPN3000). Network Infrastructure Size means the total value of Products in Customer's Network based on the global list price of the Products that Customer has purchased. Participating State means a member of WSCA authorized under state law to participate under this Agreement who subsequently executes a Participating Addendum, or any other state or Local Public Body authorized by the WSCA Contract Manager and Cisco to be a party to the resulting Agreement who subsequently executes a Participating Addendum. Price List means the price list for services applicable in the country where the Services are ordered or delivered. Product means both Cisco Hardware and/or Software which are generally available. Purchase Order or P.O. means a written or electronic order from Customer to Cisco for the Services to be provided by Cisco under this Agreement. Remedial Hardware Maintenance means diagnosis and onsite replacement of Hardware components with FRUs. RMA means Return Material Authorization. Services means one or more of the services options selected by the Customer in its Purchase Order and described at: http://www.cisco.co m/go/se rv icedesc ri pti ons. Services Descriptions mean the deta iled descriptions of the Services purchased by Customer which are incorporated in the MSA by reference. Software means the software programs licensed to Customer by Cisco along with copies, Updates, or Upgrades to those software programs. Standard Business Hours means (i) 8:00 AM to 5:00 PM, Depot time, on Business Days for replacement of failed Products and (ii) 8:00 AM to 5:00 PM, Local Time at location of the respective Cisco TAC, on Business Days for case handling of TAC calls. Statement of Work (SOW) means the documents agreed upon by the parties that define Services and deliverables to be provided. TAC means the Cisco Technical Assistance Center. Technical Support Services means Services that provide both essential proactive and reactive operation and maintenance support Services identified as Technical Support Services at http://VM'W .ei sco.co m/go/se rvi cedescriptions . Technology Application means specific technologies including, but not limited to, content networking, broadband, and IP telephony that do not operate at the Network Infrastructure level. Third Party Products means third party Hardware and/or software, and all upgrades thereto, that are designated by Cisco as required for: (i) The operation of Application Software in conformance with Cisco applicable Application Software Documentation. (ii) Cisco support of the Application Software. Transactional Advanced Services means the project related or consultancy Services sold under a Statement of Work. Two-hour Response means: (i) For Advance Replacement, the two-hour time period commencing with Cisco's problem diagnosis and determination that a FRU is required and ending when the FRU is delivered onsite. Cisco Systems, Inc. ATTACHMENT A -FINAL WSCA·NASPO Ts and Cs 3. 12.14 8 2017-12-19 Agenda Packet Page 408 .. , ... , .. CISCO . (ii) For onsite service, the two-hour time period commencing with our problem diagnosis and determination that remedial onsite service is required and ending when Cisco personnel arrive onsite. Update means Cisco Software Maintenance Releases, Minor Releases, and Major Releases containing the same configuration or feature set as originally acquired, unless the Customer has upgraded the applicable Hardware or Software to a configuration or feature set other than what was originally acquired, and the applicable license fee for that upgrade has been paid. Updates do not include Feature Set Upgrades. WSCA shall mean the WSCA NASPO Contracting Alliance (WSCA). WSCA is a cooperative group contracting consortium for state government departments, institutions, agencies , and political subdivisions (i.e., colleges, school districts, counties, cities, etc.). Rights and obligations under this contract are limited to those Participating States who execute a Participating Addendum with Cisco. "WSCA Contract Manager" or "Contract Manager" shall mean the individual state member designated as the contract manager by WSCA, currently the State of Utah, as responsible for the legal maintenance and administration of the WSCA Master Agreement, notices, reports, and any other pertinent documentation or information. "WSCA Master Agreement" (also referred to as "Agreement" or "Contract") shall mean the underlying purchasing agreement executed by and between WSCA-NASPO Cooperative Purchasing Organization LLC ("State"), and Cisco, as now or hereafter amended. Cisco Systems, Inc. ATTACHMENT A-FINAL WSCA-NASPO Ts and Cs 3.12.14 9 2017-12-19 Agenda Packet Page 409 State of Utah Contract Number: AR233 1 ATTACHMENT 8 -Scope of Work The following categories are authorized under this contract: 5.2.1 DATA CENTER APPLICATION SERVICES-Application networking solutions and technologies that enable the successful and secure delivery of applications within data centers to local , remote, and branch-office users using technology to accelerate, secure, and increase availability of both application traffic and computing resources. 5.2.1.1 Virtuallzed Load Balancers -Virtual devices that act like a reverse proxy to distribute network and/or application traffic across multiple servers to improve the concurrent user capacity and overall reliability of applications. Capabilities should include: SSL (Secure Sockets Layer) Off-loading Caching capabilities Layer 4 Load Balancing Layer 7 Load Balancing Detailed Reporting Supports multiple load balancers in the same system for multiple groups Supports TLS1 .2 5.2.1.2 WAN Optimization -An appliance utilizing a collection of techniques for increasing data-transfer efficiencies across wide-area networks (WAN). Capabilities should include: CIFS (Common Internet File System) acceleration Data Compression SSL encryption/decryption for acceleration (Optional) Layer 4-7 visibility Application Specific optimization 5.2.2 NETWORKING SOFTWARE -Software that runs on a server and enables the server to manage data, users, groups, security, applications, and other networking functions. The network operating system is designed to allow shared file and printer access among multiple computers in a network, typically a local area network (LAN), a private network or to other networks. Networking software capabilities should include: Restartable Process High availability options Targeted operating systems, i.e . DC, campus, core, wan, etc. Operating System Efficiencies 5.2.2.1 Network Management and Automation -Software products and solutions for data center automation, cloud computing, and IT systems management. 5.2.2.2 Data Center Management and Automation -Software products and solutions that capture and automate manual tasks across servers, network, applications, and virtualized infrastructure. 5.2.2.3 Cloud Portal and Automation -Software products and solutions for cloud management with policy-based controls for provisioning virtual and physical resources. 2017-12-19 Agenda Packet Page 410 State of Utah Contract Number: AR233 2 5.2.2.4 Branch Office Management and Automation -Software products and solutions for management of branch offices. Capabilities include remote troubleshooting, device management, WAN performance monitoring. 5.2.3 NETWORK OPTIMIZATION AND ACCELERATION -Devices and tools for increasing data-transfer efficiencies across wide-area networks. 5.2.3.1 Dynamic Load Balancing -An appliance that performs a series of checks and calculations to determine which server can best service each client request in order to select the server that can successfully fulfill the client request and do so in the shortest amount of time without overloading either the server or the server farm as a whole. 5.2.3.2 WAN Acceleration -Appliance that optimizes bandwidth to improve the end user's experience on a wide area network (WAN). Capabilities should include: CIFS acceleration Data Compression SSL encryption/decryption for acceleration (Optional) Layer 4-7 visibility Application Specific optimization 5.2.3.3 High Availability and Redundancy -Limits any disruption to network uptime should an appliance face unforeseen performance issues. Transparently redistributes workloads to surviving cluster appliances without impacting communication throughout the cluster. 5.2.4 OPTICAL NETWORKING -High capacity networks based on optical technology and components that provide routing, grooming, and restoration at the wavelength level as well as wavelength based services. 5.2.4.1 Core DWDM (Dense Wavelength Division Multiplexing) Switches - Switches used in systems designed for long haul and ultra long-haul optical networking applications. 5.2.4.2 Edge Optlcal Switches -Provide entry points into the enterprise or service provider core networks. 5.2.4.3 Optical Network Management -Provides capabilities to manage the optical network and allows operators to execute end-to-end circuit creation. 5.2.4.4 IP over DWDM (IPoDWDM)-A device utilized to integrate IP Routers and Switches in the OTN (Optical Transport Network). 5.2.5 ROUTERS - A device that forwards data packets along networks. A router is connected to at least two networks , commonly two LANs or WANs or a LAN and its ISP's network. Routers are located at gateways, the places where two or more networks connect, and are the critical device that keeps data flowing between networks and keep the networks connected to the Internet. 5.2.5.1 Branch Routers - A multiservice router typically used in branch offices or locations with limited numbers of users and supports flexible configurations/feature. For example: security, VoIP, wan acceleration, etc. 5.2.5.2 Network Edge Routers - A specialized router residing at the edge or boundary of a network. This router ensures the connectivity of its network with external networks, a wide area network or the Internet. An edge router uses an External Border Gateway Protocol, which is used extensively over the Internet to provide connectivity with remote networks. 2017-12-19 Agenda Packet Page 411 State of Utah Contract Number: AR233 3 5.2.5.3 Core Routers -High performance, high speed, low latency routers that enable Enterprises to deliver a suite of data, voice, and video services to enable next- generation applications such as IPTV and Video on Demand (VoD), and Software as a Service (SaaS). 5.2.5.4 Service Aggregation Routers -Provides multiservice adaptation, aggregation and routing for Ethernet and IP/MPLS networks to enable service providers and enterprise edge networks simultaneously host resource-intensive integrated data, voice and video business and consumer services. 5.2.5.5 Carrier Ethernet Routers -High performance routers that enable service providers to deliver a suite of data, voice, and video services to enable next- generation applications such as IPTV, Video on Demand (VoD), and Software as a Service (SaaS). 5.2.6 SECURITY 5.2.6.1 Data Center and Virtualization Security Products and Appliances -Products designed to protect high-value data and data center resources with threat defense and policy control. 5.2.6.2 Intrusion Detection/Protection and Firewall Appliances -Provide comprehensive inline network firewall security from worms, Trojans, spyware, key loggers, and other malware. This includes Next-Generation Firewalls (NGFW), which offer a wire-speed integrated network platform that performs deep inspection of traffic and blocking of attacks. Intrusion Detection/Protection and Firewall Appliances should provide: Non-disruptive in-line bump-in-the-wire configuration Standard first-generation firewall capabilities, e.g., network-address translation (NAT), stateful protocol inspection (SPI) and virtual private networking (VPN), etc. Application awareness, full stack visibility and granular control Capability to incorporate information from outside the firewall, e.g., directory-based policy, blacklists, white lists, etc. Upgrade path to include future information feeds and security threats SSL decryption to enable identifying undesirable encrypted applications (Optional) 5.2.6.3 Logging Appliances and Analysis Tools -Solutions utilized to collect, classify, analyze, and securely store log messages. 5.2.6.4 Secure Edge and Branch Integrated Security Products -Network security, VPN, and intrusion prevention for branches and the network edge. Products typically consist of appliances or routers. 5.2.6.5 Secure Mobility Products -Delivers secure, scalable access to corporate applications across multiple mobile devices. 5.2.6.6 Encryption Appliances -A network security device that applies crypto services at the network transfer layer -above the data link level, but below the application level. 5.2.6. 7 On-premise and Cloud-based services for Web and/or Email Security - Solutions that provide threat protection, data loss prevention, message level encryption, acceptable use and application control capabilities to secure web and email communications. 5.2.6.8 Secure Access -Products that provide secure access to the network for any device, including personally owned mobile devices (laptops, tablets, and smart phones). Capabilities should include: Management visibility for device access 2017-12-19 Agenda Packet Page 412 State of Utah Contract Number: AR233 4 Self-service on-boarding Centralized policy enforcement Differentiated access and services Device Management 5.2.7 STORAGE NETWORKING -High-speed network of shared storage devices connecting different types of storage devices with data servers. 5.2.7.1 Director Class SAN (Storage Area Network) Switches and Modules -A scalable, high-performance, and protocol-independent designed primarily to fulfill the role of core switch in a core-edge Fibre Channel (FC), FCOE or similar SAN topology. A Fibre Channel director is, by current convention, a switch with at least 128 ports. It does not differ from a switch in core FC protocol functionality. Fibre Channel directors provide the most reliable, scalable, high-performance foundation for private cloud storage and highly virtualized environments. 5.2.7.2 Fabric and Blade Server Switches -A Fibre Channel switch is a network switch compatible with the Fibre Channel (FC) protocol. It allows the creation of a Fibre Channel fabric, which is currently the core component of most SANs. The fabric is a network of Fibre Channel devices, which allows many-to-many communication, device name lookup, security, and redundancy. FC switches implement zoning; a mechanism that disables unwanted traffic between certain fabric nodes. 5.2.7.3 Enterprise and Data Center SAN and VSAN (Virtual Storage Area Network) Management -Management tools to provisions, monitors, troubleshoot, and administers SANs and VSANs. 5.2.7.4 SAN Optimization -Tools to help optimize and secure SAN performance (ie. Encryption of data-at-rest, data migration, capacity optimization, data reduction, etc. 5.2.8 SWITCHES -Layer 2/3 devices that are used to connect segments of a LAN (local area network) or multiple LANs and to filter and forward packets among them. 5.2.8.1 Campus LAN -Access Switches -Provides initial connectivity for devices to the network and controls user and workgroup access to internetwork resources. The following are some of the features a campus LAN access switch should support: Security i. SSHv2 (Secure Shell Version 2) ii. 802.1X (Port Based Network Access Control} iii. Port Security iv. DHCP (Dynamic Host Configuration Protocol} Snooping VLANs Fast Ethernet/Gigabit Ethernet PoE (Power over Ethernet} link aggregation 10 Gb support Port mirroring Span Taps Support of 1Pv6 and 1Pv4 2017-12-19 Agenda Packet Page 413 State of Utah Contract Number: AR233 5 Standards-based rapid spanning tree Netflow Support (Optional). 5.2.8.2 Campus LAN -Core Switches -Campus core switches are generally used for the campus backbone and are responsible for transporting large amounts of traffic both reliably and quickly. Core switches should provide: High bandwidth Low latency Hot swappable power supplies and fans • Security SSHv2 MacSec encryption Role-Based Access Control Lists (AGL) Support of 1Pv6 and 1Pv4 1/10/40/100 Gbps support IGP (Interior Gateway Protocol) routing EGP (Exterior Gateway Protocol) routing VPLS (Virtual Private LAN Service) Support VRRP (Virtual Router Redundancy Protocol) Support Netflow Support. 5.2.8.3 Campus Distribution Switches -Collect the data from all the access layer switches and forward it to the core layer switches. Traffic that is generated at Layer 2 on a switched network needs to be managed, or segmented into Virtual Local Area Networks (VLANs), Distribution layer switches provides the inter- VLAN routing functions so that one VLAN can communicate with another on the network. Distribution layer switches provides advanced security policies that can be applied to network traffic using Access Control Lists (ACLs). High bandwidth Low latency Hot swappable power supplies and fans Security (SSHv2 and/or 802.1 X) Support of 1Pv6 and 1Pv4 Jumbo Frames Support Dynamic Trunking Protocol (DTP) Per-VLAN Rapid Spanning Tree (PVRST+) Switch-port auto recovery NetFlow Support or equivalent 5.2.8.4 Data Center Switches -Data center switches, or Layer 2/3 switches, switch all packets in the data center by switching or routing good ones to their final destinations, and discard unwanted traffic using Access Control Lists (ACLs), all at Gigabit and 10 Gigabit speeds. High availability and modularity differentiates a typical Layer 2/3 switch from a data center switch. Capabilities should include: High bandwidth Low latency Hot swappable power supplies and fans 2017-12-19 Agenda Packet Page 414 State of Utah Contract Number: AR233 6 Ultra-low latency through wire-speed ports with nanosecond port-to-port latency and hardware-based Inter-Switch Link (ISL) trunking Load Balancing across Trunk group able to use packet based load balancing scheme Bridging of Fibre Channel SANs and Ethernet fabrics Jumbo Frame Support Plug and Play Fabric formation that allows a new switch that joins the fabric to automatically become a member Ability to remotely disable and enable individual ports Support NetFlow or equivalent 5.2.8.5 Software Defined Networks (SON) -Virtualized Switches and Routers - Technology utilized to support software manipulation of hardware for specific use cases. 5.2.8.6 Software Defined Networks (SON) -Controllers -is an application in software- defined networking (SDN) that manages flow control to enable intelligent networking. SDN controllers are based on protocols, such as OpenFlow, that allow servers to tell switches where to send packets. The SDN controller lies between network devices at one end and applications at the other end. Any communications between applications and devices have to go through the controller. The controller uses multiple routing protocols including OpenFlow to configure network devices and choose the optimal network path for application traffic. 5.2.8. 7 Carrier Aggregation Switches -Carrier aggregation switches route traffic in addition to bridging (transmitted) Layer 2/Ethernet traffic. Carrier aggregation switches' major characteristics are: Designed for Metro Ethernet networks Designed for video and other high bandwidth applications Supports a variety of interface types, especially those commonly used by Service Providers Capabilities should include: Redundant Processors Redundant Power 1Pv4 and 1Pv6 unicast and multicast High bandwidth Low latency Hot swappable power supplies and fans MPLS (Multiprotocol Label Switching) BGP (Border Gateway Protocol) Software router virtualization and/or multiple routing tables Policy based routing • Layer 2 functionality Per VLAN Spanning Tree Rapid Spanning Tree VLAN IDs up to 4096 Layer 2 Class of Service (IEEE 802.1 p) Link Aggregation Control Protocol (LACP) 2017-12-19 Agenda Packet Page 415 State of Utah Contract Number: AR233 7 QinQ (IEEE 802.1 ad) 5.2.8.8 Carrier Ethernet Access Switches -A carrier Ethernet access switch can connect directly to the customer or be utilized as a network interface on the service side to provide layer 2 services. Hot-swappable and field-replaceable integrated power supply and fan tray AC or DC power supply with DC input ranging from 18V to 32 VDC and 36V to 72 VDC Ethernet and console port for manageability SD flash card slot for additional external storage Stratum 3 network clock Line-rate performance with a minimum of 62-million packets per second (MPPS) forwarding rate Support for dying gasp on loss of power Support for a variety of small form factor pluggable transceiver (SFP and SFP+) with support for Device Object Model (DOM) Timing services for a converged access network to support mobile solutions, including Radio Access Network (RAN) applications Support for Synchronous Ethernet (SyncE) services Supports Hierarchical Quality of Service (H-QoS) to provide granular traffic-shaping policies Supports Resilient Ethernet Protocol REP/G.8032 for rapid layer-two convergence 5.2.9 WIRELESS -Provides connectivity to wireless devices within a limited geographic area. System capabilities should include: Redundancy and automatic failover 1Pv6 compatibility NTP Support 5.2.9.1 Access Points -A wireless Access Point (AP) is a device that allows wireless devices to connect to a wired network using Wi-Fi, or related standards. Capabilities should include: 5.2.9.2 802.11 a/b/g/n 802.11n 802.11ac Capable of controller discovery method via DHCP (onsite controller or offsite through Cloud Architecture) UL2043 plenum rated for safe mounting in a variety of indoor environments Support AES-CCMP (128-bit) Provides real-time wireless intrusion monitoring and detection Outdoor Wireless Access Points -Outdoor APs are rugged, with a metal cover and a DIN rail or other type of mount. During operations they can tolerate a wide temperature range, high humidity and exposure to water, dust, and oil. Capabilities should include: Flexible Deployment Options Provides real-time wireless intrusion monitoring and detection Capable of controller discovery method via DHCP (onsite controller or offsite through Cloud Architecture) 2017-12-19 Agenda Packet Page 416 State of Utah Contract Number: AR233 8 5.2.9.3 Wireless LAN Controllers -An onsite or offsite solution utilized to manage light- weight access points in large quantities by the network administrator or network operations center. The WLAN controller automatically handles the configuration of wireless access-points. Capabilities should include: Ability to monitor and mitigate RF interference/self-heal Support seamless roaming from AP to AP without requiring re-authentication Support configurable access control lists to filter traffic and denying wireless peer to peer traffic System encrypts all management layer traffic and passes it through a secure tunnel Policy management of users and devices provides ability to de-authorize or deny devices ·without denying the credentials of the user, nor disrupting other AP traffic Support configurable access control lists to filter traffic and denying wireless peer to peer traffic 5.2.9.4 Wireless LAN Network Services and Management -Enables network administrators to quickly plan, configure and deploy a wireless network, as well as provide additional WLAN services. Some examples include wireless security, asset tracking, and location services. Capabilities should include: Provide for redundancy and automatic failover Historical trend and real time performance reporting is supported Management access to wireless network components is secured SNMPv3 enabled RFC 1213 compliant Automatically discover wireless network components Capability to alert for outages and utilization threshold exceptions Capability to support Apple's Bonjour Protocol / mDNS QoS I Application identification capability 5.2.9.5 Cloud-based services for Access Points -Cloud-based management of campus-wide WiFi deployments and distributed multi-site networks. Capabilities include: Zero-touch access point provisioning Network-wide visibility and control RF optimization, Firmware updates 5.2.9.6 Bring Your Own Device (BYOD) -Mobile Data Management (MDM) technology utilized to allow employees to bring personally owned mobile devices (laptops, tablets, and smart phones) to their workplace, and use those devices to access privileged government information and applications in a secure manner. Capabilities should include: Ability to apply corporate policy to new devices accessing the network resources, whether wired or wireless Provide user and devices authentication to the network Provide secure remote access capability Support 802.1x Network optimization for performance, scalability, and user experience 2017-12-19 Agenda Packet Page 417 State of Utah Contract Number: AR233 9 5.3.0 UNIFIED COMMUNICATIONS (UC) -A set of products that provides a consistent unified user interface and user experience across multiple devices and media types. Unified Communications that is able to provide services such as session management, voice, video, messaging, mobility, and web conferencing. It can provide the foundation for advanced unified communications capabilities of IM and presence-based services and extends telephony features and capabilities to packet telephony network devices such as IP phones, media processing devices, Voice over IP (VoIP) gateways, and multimedia applications. Additional services, such as unified messaging, multimedia conferencing, collaborative contact centers, and interactive multimedia response systems, are made possible through open telephony APls. General UC solution capabilities should include: High Availability for Call Processing Hardware Platform High Availability Network Connectivity High Availability Call Processing Redundancy 5.3.0.1 IP Telephony -Solutions utilized to provide the delivery of the telephony application (for example, call setup and teardown, and telephony features) over IP, instead of using circuit-switched or other modalities. Capabilities should include: Support for analog, digital, and IP endpoints Centralized Management Provide basic hunt group and call queuing capabilities Flexibility to configure queue depth and hold time, play unique announcements and Music on Hold (MoH), log in and log out users from a queue and basic queue statistics (from the phone E911 Support 5.3.0.2 Instant messaging/ Presence -Solutions that allow communication over the Internet that offers quick transmission of text-based messages from sender to receiver. In push mode between two or more people using personal computers or other devices, along with shared clients, instant messaging basically offers real- time direct written language-based online chat. Instant messaging may also provide video calling, file sharing, PC-to-PC voice calling and PC-to-regular- phone calling. 5.3.0.3 Unified messaging -Integration of different electronic messaging and communications media (e-mail, SMS, Fax, voicemail, video messaging, etc.) technologies into a single interface, accessible from a variety of different devices. Ability to access and manage voice messages in a variety of ways, using email in box, Web browser, desktop client, VoIP phone, or mobile phone Visual Voicemail Support (Optional) 5.3.0.4 Contact Center -A computer-based system that provides call and contact routing for high-volume telephony transactions, with specialist answering "agent" stations and a sophisticated real-time contact management system. The definition includes all contact center systems that provide inbound contact handling capabilities and automatic contact distribution, combined with a high degree of sophistication in terms of dynamic contact traffic management. 5.3.0.5 Communications End Points and Applications Attendant Consoles IP Phones 5.3.0.6 UC Network Management -Provides end-to-end service management for Unified Communications. Capabilities include testing, performance monitoring, configuration management, and business intelligence reporting. 2017-12-19 Agenda Packet Page 418 State of Utah Contract Number: AR233 10 5.3.0.7 Collaboration -Voice, video, and web conferencing; messaging; mobile applications; and enterprise social software. 5.3.0.8 Collaborative Video -A set of immersive video technologies that enable people to feel or appear as if they were present in a location that they are not physically in. lmmersive video consists of a multiple codec video system, where each meeting attendee uses an immersive video room to "dial in" and can see/talk to every other member on a screen (or screens) as if they were in the same room and provides call control that enables intelligent video bandwidth management. 5.3.0.8.1 Content Delivery Systems (CDS) -A large distributed system of servers deployed in multiple data centers connected by the Internet. The purpose of the content delivery system is to serve content to end-users with high availability and high performance. CDSs serve content over the Internet, including web objects (text, graphics, URLs, and scripts), downloadable objects (media files, software, documents), applications (e-commerce, portals), live streaming media, on-demand streaming media, and social networks. 5.3.0.8.2 Physical Security-Technology utilized to restricting physical access by unauthorized people to controlled facilities . Technologies include: a. Access control systems b. Detection/Identification systems, such as surveillance systems, closed circuit television cameras, or IP camera networks and the associated monitoring systems. c. Response systems such as alert systems, desktop monitoring systems, radios, mobile phones, IP phones, and digital signage d. Building and energy controls 5.3.1 SERVICES -For each Category above (5 .21-5.30), the following services should be available for procurement as well at the time of product purchase or anytime afterwards. 5.3.1.1 Maintenance Services -Capability to provide technical support, flexible hardware coverage, and smart, proactive device diagnostics for hardware. 5.3.1.2 Professional Services Deployment Services Survey/ Design Services -Includes, but not limited to, discovery, design, architecture review/validation, and readiness assessment. Implementation Services -Includes, but not limited to, basic installation and configuration or end-to-end integration and deployment. Optimization -Includes , but not limited to, assessing operational environment readiness, identify ways to increase efficiencies throughout the network, and optimize Customer's infrastructure, applications and service management. Remote Management Services -Includes, but not limited to, continuous monitoring, incident management, problem management, change management, and utilization and performance reporting that may be on a subscription basis. Consulting/Advisory Services -Includes, but not limited to, assessing the availability, reliability, security and performance of Customer's existing solutions. 2017-12-19 Agenda Packet Page 419 State of Utah Contract Number: AR233 11 5.3.1.3 Data Communications Architectural Design Services -Developing architectural strategies and roadmaps for transforming Customer's existing network architecture and operations management. Statement of Work (SOW) Services -Customer-specific tasks to be accomplished and/or services to be delivered based on Customer's business and technical requirements. Partner Services -Provided by Contractor's Authorized Partners/Resellers. Subject to Contractor's approval and the certifications held by its Partners/Resellers, many Partners/Resellers can also offer and provide some or all of the Services as listed above at competitive pricing, along with local presence and support. As the prime, Contractor is still ultimately responsible for the performance of its Partners/ Resellers. Customers can have the option to purchase the Services to be directly delivered by Contractor (OEM) or its certified Partners/Resellers. 5.3.1.4 Training -Learning offerings for IT professionals on networking technologies, including but not limited to designing, implementing, operating, configuring, and troubleshooting network systems pertaining to items provided under the master agreement. 2017-12-19 Agenda Packet Page 420 STATE OF UTAH CONTRACT NUMBER-AR233 Attachment C -Pricing Solicitation Number JP14001 WSCA-NASPO Data Communications RFP Vendor Name: Cisco Systems, Inc. RFP Product Categories: Minimum Discount Percentage: 5.2.1 DATA CENTER APPLICATION SERVICES Discount % _35.00 __ 5.2.2 NETWORKING SOFTWARE Discount% _35.00_ 5.2.3 NETWORK OPTIMIZATION AND ACCELERATION Discount % _35.00 __ 5.2.4 OPTICAL NETWORKING Discount % _35.00 __ 5.2.5 ROUTERS Discount % _35.00 __ 5.2.6 SECURITY Discount % _35.00 __ 5.2.7 STORAGE NETWORKING Discount % _35.00 __ 5.2.8 SWITCHES Discount % _35.00 __ 5.2.9 WIRELESS Discount % _35.00 __ 5.3.0 UNIFIED COMMUNICATIONS (UC) Discount % _35.00 __ WARRANTY: See Section 30 of the WSCA-NASPO/Cisco Master Agreement. 1 2017-12-19 Agenda Packet Page 421 CAPITAL LEASE FINANCING: Allowed under and subject to Section 22 of the WSCA-NASPO Master Agreement. 5.3.1 SERVICES For RFP evaluation purposes, vendors must provide not to exceed post sale on site service and consulting rates that are fully loaded (inclusive of travel, lodging, and meals) for each service category below. Remote access rates for non-warranty and consultation services must be expressed as a separate net hourly labor rate. Definition of Onsite: Customer premise. Definition of Remote: Vendor premise. Maintenance Services Onsite Hourly Rate $ NTE 600.00 Remote Hourly Rate $ NTE 525.00 Professional Services -Depl oyment Services Onsite Hourly Rate$ NTE 743.17 Remote Hourly Rate$ NTE 661.17 Consulting/Advisory Services Onsite Hourly Rate $ NTE 743.17 Remote Hourly Rate $ NTE 661.17 Architectural Design Services Onsite Hourly Rate $ NTE 743.17 Remote Hourly Rate $ NTE 661.17 2 2017-12-19 Agenda Packet Page 422 Statement of Work Services Onsite Hourly Rate $ NTE 743 .17 Remote Hourly Rate$ NTE 661 .17 Partner Services Onsite Hourly Rate $ NTE 600.00 Remote Hourly Rate $ NTE 525.00 Training Deployment Services Onsite Hourly Rate $ NTE 600.00 Remote Hourly Rate $ NTE 525.00 In addition to the above, Cisco, through applicable Authorized Resellers, is pleased to offer hosted service offerings for certain technology categories listed above (at Cisco's discretion). These hosted offerings provide WSCA-NASPO customers with an alternative way to consume the technology to best meet their needs and provide flexible payment models. These models may be well suited for customers that have limited technical staff for technology deployment and ongoing administration. The hosted service offerings are based on Cisco validated architectures and delivered through carefully vetted and approved Authorized Resellers. Due to the unique requirements of each customer, Cisco and the approved Authorized Resellers can work with the customer to understand their unique requirements and deploy hosted offerings to best meet their needs. Additional contractual terms and conditions specific to the hosted solutions may be required. Current Cisco Systems, Inc. pricing sheets, approved by the State of Utah, can be found at the following web link: IMPORTANT: The minimum discount percentage listed in this attachment is for general informational purposes only and may not apply to every line item authorized under this contract. For specific item pricing, please refer to the contact price list weblink provided in this document. Vendors are required to post state specific pricing on their hosted website or through the WSCA-NASPO eMarket center as required by solicitation JP14001, in addition to the vendor pricing sheets approved and hosted by the State of Utah's master contract summary sheet. The State of Utah vendor pricing sheets will serve as the approved base price and do not include any applicable state specific administrative fees. State specific pricing, hosted on the vendor website or WSCA-NASPO eMarketcenter may reflect authorized state specific administrative fees. No other fees are authorized under this contract. Pricing audits may be conducted at any time by the State of Utah, WSCA-NASPO, or 3rd party audit provider to ensure accurate pricing . 3 2017-12-19 Agenda Packet Page 423 Per Solicitation JP14001, the following pricing/product requirements and instructions apply: 1.11 Pricing Structure Pricing Structure: Pricing for the State of Utah WSCA-NASPO Master Agreements shall be based on the Percent Discount off the current global MSRP Schedule applicable to United States customers. 1.12 Price Guarantee Period Price Guarantee Period: The Data Communication Provider's Discount rate shall remain in effect for the term of the WSCA-NASPO Master Price Agreement. 1.13 Price Escalation Equipment, Supplies and Services: Data Communications provider may update the pricing on their MSRP price list one time every year after the first year of the original contract term. The WSCA-NASPO Contract Administrator will review a documented request for a Price Schedule price list adjustment only after the Price Guarantee Period. 1.14 Price Reductions In the event of a price decrease in any category of product at any time during the contract in a Provider's Price Schedule, including renewal options, the WSCA-NASPO Contract Administrator shall be notified immediately. All Price Schedule price reductions shall be effective upon the notification provided to the WSCA-NASPO Master Agreement Administrator. 1.15 Usage Reporting Requirement All Data Communication Provider's will be required to provide quarterly usage reports to the WSCA- NASPO Contract Administrator or designee. The initiation and submission of the quarterly reports are the responsibility of the Data Communication Contract Provider. You are responsible to collect and report all sales data including your resellers and partners sales associated with your Master Agreement. There will be no prompting or notification provided by the WSCA-NASPO Contract Administrator. The quarterly usage reports are due as follows: Quarter #1: July 1 through September 30, due annually by November 30. Quarter #2: October 1 through December 31, due annually by February 28. Quarter #3: January 1 through March 31, due annually by May 31. Quarter #4: April 1 through June 30, due annually by August 31. 1.20 WSCA Administrative Fee The Contracted Supplier must pay a WSCA-NASPO administrative fee of one quarter of one percent (.25%) in accordance with the terms and conditions of the contract. The WSCA-NASPO administrative fee shall be submitted quarterly and is based on the actual sales of all products and services in conjunction with your quarterly reports. The WSCA-NASPO administrative fee must be included when determining the pricing offered. The WSCA-NASPO administrative fee is not negotiable and shall not be added as a separate line item on an invoice. Additionally, some WSCA-NASPO participating entities may require that an administrative fee be paid directly to the WSCA-NASPO participating entity on purchases made by purchasing entities within that State. For all such requests, the fee percentage, payment method and payment schedule for the participating entity's administrative fee will be incorporated in the Participating Addendum. Data Communications Provider will be held harmless, and may adjust (increase) the WSCA-NASPO Master Agreement pricing by the fee percentage for that participating entity accordingly for purchases made by purchasing entities within the jurisdiction of the State. All such agreements may not affect the 4 2017-12-19 Agenda Packet Page 424 WSCANASPO fee or the prices paid by the purchasing entities outside the jurisdiction of the participating entities requesting the additional fee. The WSCA-NAS PO quarterly administrative fee will be submitted along with the quarterly usage reports as set forth below: Quarter#1: Quarter#2: Quarter#3: Quarter#4: July 1 through September 30, due annually by November 30. October 1 through December 31, due annually by February 28. January 1 through March 31, due annually by May 31. April 1 through June 30, due annually by August 31. 5.3.2 ADDING PRODUCTS The ability to add new equipment and services is for the convenience and benefit of WSCA-NASPO, the Participating States, and all the Authorized Purchasers. The intent of this process is to promote "one-stop shopping" and convenience for the customers and equally important, to make the contract flexible in keeping up with rapid technological advances. The option to add new product or service categories andfttems will expedite the delivery and implementation of new technology solutions for the benefit of the Authorized Purchasers. After the contracts are awarded, additional IT product categories and/or items may be added per the request of the Contractor, a Participating State, an Authorized Purchaser or WSCA-NASPO. Additions may be ad hoc and temporary in nature or permanent. All additions to an awarded Contractor or Manufacturer's offerings must be products, services, software, or solutions that are commercially available at the time they are added to the contract award and fall within the original scope and intent of the RFP (i.e., converged technologies, value adds to manufacturer's solution offerings, etc.). 5.3.2.1 New Product from Contractors -If Contractor, a Participating State, an Authorized Purchaser or WSCA-NASPO itself requests to add new product categories permanently, then all awarded Contractors (Manufacturers) will be notified of the proposed change and will have the opportunity to work with WSCA to determine applicability, introduction, etc. Any new products or services must be reviewed and approved by the State of Utah WSCA-NASPO Contract Administrator. 5.3.2.2 Ad Hoc Product Additions - A request for an ad hoc, temporary addition of a product category/item must be submitted to WSCA-NASPO via the governmental entity's contracting/purchasing officer. Ad hoc, temporary requests will be handled on a case-by-case basis. The State of Utah WSCA- NASPO Contract Administrator must also be notified and will review and approve the addition before the purchase is finalized by the end user. The State of Utah WSCA-NASPO Contract Administrator has the final approval on any Ad Hoc product additions. 5.3.2.3 Pricelist Updates -As part of each Contractor's ongoing updates to its pricelists throughout the contract term, Contractor can add new SKUs to its awarded product categories that may have been developed in-house or obtained through mergers, acquisitions or joint ventures; provided, however, that such new SKUs fall within the Contractor's awarded product categories. Updated price lists will be reviewed and approved by the State of Utah WSCA-NASPO Contract Administrator before the revised price list is considered valid. 5 2017-12-19 Agenda Packet Page 425 2017-12-19 Agenda Packet Page 426 2017-12-19 Agenda Packet Page 427 2017-12-19 Agenda Packet Page 428 2017-12-19 Agenda Packet Page 429 2017-12-19 Agenda Packet Page 430 2017-12-19 Agenda Packet Page 431 2017-12-19 Agenda Packet Page 432 2017-12-19 Agenda Packet Page 433 2017-12-19 Agenda Packet Page 434 2017-12-19 Agenda Packet Page 435 2017-12-19 Agenda Packet Page 436 2017-12-19 Agenda Packet Page 437 2017-12-19 Agenda Packet Page 438 2017-12-19 Agenda Packet Page 439 2017-12-19 Agenda Packet Page 440 2017-12-19 Agenda Packet Page 441 2017-12-19 Agenda Packet Page 442 2017-12-19 Agenda Packet Page 443 2017-12-19 Agenda Packet Page 444 2017-12-19 Agenda Packet Page 445 2017-12-19 Agenda Packet Page 446 2017-12-19 Agenda Packet Page 447 2017-12-19 Agenda Packet Page 448 2017-12-19 Agenda Packet Page 449 2017-12-19 Agenda Packet Page 450 2017-12-19 Agenda Packet Page 451 2017-12-19 Agenda Packet Page 452 2017-12-19 Agenda Packet Page 453 2017-12-19 Agenda Packet Page 454 2017-12-19 Agenda Packet Page 455 2017-12-19 Agenda Packet Page 456 2017-12-19 Agenda Packet Page 457 2017-12-19 Agenda Packet Page 458 2017-12-19 Agenda Packet Page 459 2017-12-19 Agenda Packet Page 460 2017-12-19 Agenda Packet Page 461 2017-12-19 Agenda Packet Page 462 2017-12-19 Agenda Packet Page 463 2017-12-19 Agenda Packet Page 464 2017-12-19 Agenda Packet Page 465 2017-12-19 Agenda Packet Page 466 2017-12-19 Agenda Packet Page 467 2017-12-19 Agenda Packet Page 468 2017-12-19 Agenda Packet Page 469 2017-12-19 Agenda Packet Page 470 2017-12-19 Agenda Packet Page 471 2017-12-19 Agenda Packet Page 472 2017-12-19 Agenda Packet Page 473 2017-12-19 Agenda Packet Page 474 2017-12-19 Agenda Packet Page 475 2017-12-19 Agenda Packet Page 476 2017-12-19 Agenda Packet Page 477 2017-12-19 Agenda Packet Page 478 2017-12-19 Agenda Packet Page 479 2017-12-19 Agenda Packet Page 480 2017-12-19 Agenda Packet Page 481 2017-12-19 Agenda Packet Page 482 2017-12-19 Agenda Packet Page 483 2017-12-19 Agenda Packet Page 484 2017-12-19 Agenda Packet Page 485 2017-12-19 Agenda Packet Page 486 2017-12-19 Agenda Packet Page 487 2017-12-19 Agenda Packet Page 488 2017-12-19 Agenda Packet Page 489 City of Chula Vista Staff Report File#:17-0522, Item#: 8. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE TIME AND PLACE OF COUNCIL MEETINGS (FIRST READING) RECOMMENDED ACTION Council place the ordinance on first reading. SUMMARY Certain regularly scheduled City Council meetings throughout the year are canceled by Chula Vista Municipal Code section 2.04.020, including the meeting on Tuesday following the Thanksgiving holiday. Adoption of the proposed ordinance would change the policy to cancel meetings the week of Thanksgiving instead of the Tuesday following Thanksgiving. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Determination The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 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 required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION As required by Section 306 of the Chula Vista City Charter, regular meetings of the City Council are fixed by ordinance and are currently held on the first, second, third and fourth Tuesdays of each month. Chula Vista Municipal Code (CVMC) section 2.04.020 calls for certain regular meetings throughout the year to be cancelled. One of the regular meetings currently cancelled by CVMC section 2.04.020 is the meeting on the Tuesday following the Thanksgiving holiday. Due to holiday travel and other activities that frequently occur the week of Thanksgiving, staff recommends the Council consider cancelling meetings the week of Thanksgiving instead of the Tuesday following Thanksgiving. City of Chula Vista Printed on 12/14/2017Page 1 of 2 powered by Legistar™2017-12-19 Agenda Packet Page 490 File#:17-0522, Item#: 8. Meetings that are cancelled by CVMC section 2.04.020 may be reinstituted if necessary by a majority of the Council. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Changing the meeting schedule to cancel the meeting during the week of the Thanksgiving holiday instead of the week following the Thanksgiving holiday will better facilitate public participation and support a Connected Community. CURRENT YEAR FISCAL IMPACT There is no current fiscal year impact. ONGOING FISCAL IMPACT There is no ongoing fiscal year impact. ATTACHMENTS None Staff Contact: Gary Halbert or Kerry Bigelow City of Chula Vista Printed on 12/14/2017Page 2 of 2 powered by Legistar™2017-12-19 Agenda Packet Page 491 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@600EEA3D\@BCL@600EEA3D.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE TIME AND PLACE OF COUNCIL MEETINGS WHEREAS, Section 306 of the Chula Vista City Charter requires the City Council to hold regular meetings at least once each month at such times as it shall fix by ordinance or resolution; and WHEREAS, Chula Vista Municipal Code section 2.04.020 currently calls for regular meetings to be held on the first, second, third, and fourth Tuesday of each month; and WHEREAS, Chula Vista Municipal Code section 2.04.020 calls for certain meetings throughout the year to be cancelled as a general policy of the City Council, including the meeting regularly scheduled on the Tuesday following the Thanksgiving holiday; and WHEREAS, The City Council desires to instead to cancel the meeting on the Tuesday before the Thanksgiving holiday. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Section 2.04.020 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.04.020 Meetings –Time and place. Pursuant to Section 306 of the Charter, the Council shall hold regular meetings at least once each month. Such meetings shall be held in the Council chambers at 276 Fourth Avenue in the City, or in such other appropriate conference room within the Civic Center Complex, as may be determined by the Council. Regular meetings shall be held on the first, second, third, and fourth Tuesday of each month. The time of regular meetings shall be set by written resolution of the City Council adopted at a regular meeting of the City Council. Regular meetings may be cancelled in special circumstances or as necessary, in the discretion of the City Manager, or by a majority vote of the Council. When the day for any regular meeting of the Council falls on a legal holiday, no meeting shall be held on such holiday. It shall be the general policy of the City Council to cancel any meetings in the last week of June and the first week of July, the week of Thanksgiving, the week following Easter, the Tuesday following Labor Day, and the week of Christmas and New Year’s. Any of these meetings may be reinstituted if necessary by a majority of the Council. 2017-12-19 Agenda Packet Page 492 Ordinance Page 2 Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by _____________________________________ ____________________________________ Gary Halbert Glen R. Googins City Manager City Attorney 2017-12-19 Agenda Packet Page 493 Section 2.04.020 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.04.020 Meetings – Time and place. Pursuant to Section 306 of the Charter, the Council shall hold regular meetings at least once each month. Such meetings shall be held in the Council chambers at 276 Fourth Avenue in the City, or in such other appropriate conference room within the Civic Center Complex, as may be determined by the Council. Regular meetings shall be held on the first, second, third, and fourth Tuesday of each month. The time of regular meetings shall be set by written resolution of the City Council adopted at a regular meeting of the City Council. Regular meetings may be cancelled in special circumstances or as necessary, in the discretion of the City Manager, or by a majority vote of the Council. When the day for any regular meeting of the Council falls on a legal holiday, no meeting shall be held on such holiday. It shall be the general policy of the City Council to cancel any meetings in the last week of June and the first week of July, the Tuesday following theweek of Thanksgiving holiday, the week following Easter, the Tuesday following Labor Day, and the week of Christmas and New Year’s. Any of these meetings may be reinstituted if necessary by a majority of the Council. 2017-12-19 Agenda Packet Page 494 City of Chula Vista Staff Report File#:17-0531, Item#: 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY- INITIATED TOW AND STORAGE RATE SCHEDULE AND THE TOW LICENSE FEE RECOMMENDED ACTION Council adopt the resolution. SUMMARY On February 7, 2017, City Council approved the tow license fee and tow and storage rates for 2017. The Police Department is requesting Council approval to update these fees for 2018. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The Police Department administers the City’s program for City-initiated tows. Examples of City- initiated tows include vehicles impounded after an arrest or blocking a city street after a collision. The Department reviews tow fees annually for currency. The tow license fee (TLF) is for program costs and is apportioned equally among the City’s tow contractors. Towing and storage fees are fees the City’s tow contractors charge members of the public for City-initiated tows and impounds. TOW LICENSE FEE UPDATE California Vehicle Code Section 12110 authorizes the City to assess a TLF in connection with an award of a franchise to tow companies for City-initiated tows “to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program.”The TLF relates to staff recovery costs for requesting a tow call for service, from the start time a police employee calls for a tow request to the end time that the tow company leaves the scene. The computation of the City’s TLF is detailed below: (Annual estimate of police-initiated tows) x (Estimated time spent per tow) x (Fully burdened hourly rate) = Tow License Fee Position Annual Estimate of Police-Initiated Tows 1 Hours Spent per Police-Initiated Tow 2 Fully Burdened Hourly Rate 3 Tow License Fee Peace Officer 1,057 0.53 $123.35 $69,102 Community Service Officer 846 0.53 $65.55 $29,391 Parking Enforcement Officer 446 0.53 $61.40 $14,514 Police Dispatcher 2,349 0.08 $83.29 $15,652 TOTAL $128,659 1 2-year average of calendar years 2015 and 2016 is 2,349 tows Does not include private tows or tows during grant-funded operations Tow request breakdown by classification (Officer 45% of tow requests; CSO 36%; PEO 19%) 2 Estimated 32 minutes of Officer/CSO/PEO time during a tow call for service Estimated 5 minutes of Police Dispatcher time 3 Fully Burdened Hourly Rate provided by Finance Department 14221 Peace Officer; 14241 Community Service Officer; 14242 Parking Enforcement Officer; 14260 Police Dispatcher City of Chula Vista Printed on 12/14/2017Page 1 of 3 powered by Legistar™2017-12-19 Agenda Packet Page 495 File#:17-0531, Item#: 9. Position Annual Estimate of Police-Initiated Tows 1 Hours Spent per Police-Initiated Tow 2 Fully Burdened Hourly Rate 3 Tow License Fee Peace Officer 1,057 0.53 $123.35 $69,102 Community Service Officer 846 0.53 $65.55 $29,391 Parking Enforcement Officer 446 0.53 $61.40 $14,514 Police Dispatcher 2,349 0.08 $83.29 $15,652 TOTAL $128,659 1 2-year average of calendar years 2015 and 2016 is 2,349 tows Does not include private tows or tows during grant-funded operations Tow request breakdown by classification (Officer 45% of tow requests; CSO 36%; PEO 19%) 2 Estimated 32 minutes of Officer/CSO/PEO time during a tow call for service Estimated 5 minutes of Police Dispatcher time 3 Fully Burdened Hourly Rate provided by Finance Department 14221 Peace Officer; 14241 Community Service Officer; 14242 Parking Enforcement Officer; 14260 Police Dispatcher The proposed TFL for 2018 is $128,659. This amount is $9,618 lower than the 2017 TLF of $138,277. The amount is lower because of reductions in the citywide overhead allocation. The City re-calculates and revises the TLF every year using the same methodology. CITY-INITIATED TOW AND STORAGE RATE UPDATE The chart below provides a complete schedule of all charges and fees that the City’s tow contractors are authorized to collect from consumers for City-initiated tow and impound services. Service 2017 Current Rates 2018 Proposed Rates Difference Basic Tow $209.00 $209.00 $0.00 Medium Tow $236.00 $235.00 (-$1.00) Heavy Tow $279.00 $278.00 (-$1.00) Mileage None None None Dolly Charge None None None Labor per hour (if exceeding one hour of service)$65.00 $65.00 $0.00 Basic Storage Rate (per 24-hour period)$51.00 $51.00 $0.00 Medium Storage Rate (per 24-hour period)$61.00 $56.00 (-$5.00) Heavy Storage Rate (per 24-hour period)$66.00 $65.00 (-$1.00) Evening Release (after 5:00pm & Holidays)$65.00 $65.00 $0.00 This rate schedule is identical to the California Highway Patrol Southern San Diego Region tow rates. The CHP manages one of the largest government entity-initiated tow program in the state, and its rates are viewed as representative and reliable benchmarks. As shown above, there are minimal changes proposed to the City’s 2017 tow and storage rates, with reductions in tow and storage rates for medium and heavy tows. The basic tow rate proposed for 2018 is the same as 2017. No City of Chula Vista Printed on 12/14/2017Page 2 of 3 powered by Legistar™2017-12-19 Agenda Packet Page 496 File#:17-0531, Item#: 9. increases are proposed. If approved, the proposed TLF and tow and impound fees will be effective January 1, 2018. Each contracted tow company must post in plain view to the public the City-Initiated Tow and Storage Rates at their place of business. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The update of tow and storage rates and tow license fee supports the Operational Excellence goal by utilizing reasonable tow fees based on the most recent information. CURRENT YEAR FISCAL IMPACT Approval of this resolution would result in an updated Tow License Fee of $128,659, which is equally apportioned to the City’s tow contractors, effective January 1, 2018. Due to updated fully burdened hourly rates provided by the Finance Department, the updated Tow License Fee is $9,618 less than the 2017 Tow License Fee of $138,277. Consequently, there is a minor fiscal impact of $4,809 in the current fiscal year. The Police Department is able to absorb this minimal loss of revenues, and therefore no budget amendments are needed at this time. ONGOING FISCAL IMPACT The Tow License Fee will be re-calculated every year during the term of the tow contract. The Police Department will coordinate with the Finance Department to budget the appropriate Tow License Fee in each respective fiscal year. ATTACHMENTS None. Staff Contact: Jonathan Alegre, Police Department City of Chula Vista Printed on 12/14/2017Page 3 of 3 powered by Legistar™2017-12-19 Agenda Packet Page 497 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY-INITIATED TOW AND STORAGE RATE SCHEDULE AND THE TOW LICENSE FEE WHEREAS, on February 7, 2017, City Council approved the tow license fee and tow and storage rates for 2017; and WHEREAS, the Police Department is requesting Council approval to update these fees for 2018; and WHEREAS, the Police Department recommends to amend the City initiated tow and storage rates, based on the most recent California Highway Patrol Southern San Diego Region tow rates; and WHEREAS, the chart below shows the proposed schedule of all charges and fees that the tow companies will be authorized to collect from consumers for tow and impound services rendered on behalf of the City; and Chula Vista City-Initiated Tow and Storage Rates (effective January 1, 2018) Service Rate Basic Tow $209.00 Medium Tow $235.00 Heavy Tow $278.00 Mileage None Dolly Charge None Labor Rate per hour (if exceeding one hour of service)$65.00 Basic Storage Rate (per 24-hour period)$51.00 Medium Storage Rate (per 24-hour period)$56.00 Heavy Storage Rate (per 24-hour period_$65.00 Evening Release (after 5:00 pm & Holidays)$65.00 WHEREAS, California Vehicle Code Section 12110 authorizes the City to assess a Tow License Fee to tow companies “to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program;” and 2017-12-19 Agenda Packet Page 498 WHEREAS, the Tow License Fee relates to staff recovery costs of requesting a tow call for service, from the start time a police employee calls for a tow request to the end time that the tow company leaves the scene; and WHEREAS, the computation of the City’s Tow License Fee is detailed below, and the annual amount effective January 1, 2018 will be apportioned equally among the City’s contracted tow service providers for payment to City; and (Annual estimate of police-initiated tows) x (Estimated time spent per tow) x (Fully burdened hourly rate) = Tow License Fee Position Annual Estimate of Police-Initiated Tows 1 Hours Spent per Police-Initiated Tow 2 Fully Burdened Hourly Rate 3 Tow License Fee Peace Officer 1,057 0.53 $123.35 $69,102 Community Service Officer 846 0.53 $65.55 $29,391 Parking Enforcement Officer 446 0.53 $61.40 $14,514 Police Dispatcher 2,349 0.08 $83.29 $15,652 TOTAL $128,659 1 2-year average of calendar years 2015 and 2016 is 2,349 tows Does not include private tows or tows during grant-funded operations Tow request breakdown by classification (Officer 45% of tow requests; CSO 36%; PEO 19%) 2 Estimated 32 minutes of Officer/CSO/PEO time during a tow call for service Estimated 5 minutes of Police Dispatcher time 3 Fully Burdened Hourly Rate provided by Finance Department 14221 Peace Officer; 14241 Community Service Officer; 14242 Parking Enforcement Officer; 14260 Police Dispatcher WHEREAS, the City intends to re-calculate and revise the City-initiated tow and storage rates and Tow License Fee every year using the same methodology. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it amends the City-initiated tow and storage rate schedule and Tow License Fee. Presented by Approved as to form by Roxana Kennedy Glen R. Googins Chief of Police City Attorney 2017-12-19 Agenda Packet Page 499 City of Chula Vista Staff Report File#:17-0534, Item#: 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $33,000 IN UNANTICIPATED GRANT REVENUE TO THE SUPPLIES AND SERVICES CATEGORY OF THE ANIMAL CARE FACILITY’S “OTHER GRANT FUND” BUDGET (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The Animal Care Facility has received unanticipated revenue from grants that needs to be appropriated in the FY18 Budget. Staff requests that $33,000 be appropriated to the Supplies and Services budget of the Other Grants Fund for the Animal Care Facility Grant budget; this appropriation is fully offset by grant revenue. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Determination Not Applicable BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION The Chula Vista Animal Care Facility received a grant in the amount of $33,000 from the Roy and Marian Holleman Foundation. These funds will be used to improve on-site safety for animals and staff, and improve animal kennels. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any City of Chula Vista Printed on 12/14/2017Page 1 of 2 powered by Legistar™2017-12-19 Agenda Packet Page 500 File#:17-0534, Item#: 10. other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This item supports Operational Excellence by seeking outside revenue for improvements to the Animal Care Facility. CURRENT YEAR FISCAL IMPACT There is no net fiscal impact to the General Fund. Approval of the resolution will result in an appropriation of $33,000 offset by unanticipated grants in the Other Grant Fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. ATTACHMENTS None Staff Contact: Amanda Mills, Animal Care Administrator City of Chula Vista Printed on 12/14/2017Page 2 of 2 powered by Legistar™2017-12-19 Agenda Packet Page 501 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $33,000 IN UNANTICIPATED GRANT REVENUE TO THE SUPPLIES AND SERVICES CATEGORY OF THE ANIMAL CARE FACILITY’S “OTHER GRANT FUND” BUDGET WHEREAS, in 2017 the Chula Vista Animal Care Facility applied for a grant and was awarded a grant from the Roy and Marian Holleman Foundation; and WHEREAS, the Animal Care Facility will use these funds to improve the Animal Care Facility for animals, the public and staff; and WHEREAS, the Animal Care Facility will be able to improve on-site safety for animals and staff, and improve animal kennels. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, approves an amendment to the Fiscal Year 2017/18 Other Grants Fund Budget by appropriating $33,000 to the Supplies and Services expense category to be offset by grant funding. Presented by Approved as to form by Gary Halbert Glen R. Googins City Manager City Attorney 2017-12-19 Agenda Packet Page 502 City of Chula Vista Staff Report File#:17-0538, Item#: 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE FEDERAL AVIATION AUTHORITY, A PARTNERSHIP AGREEMENT WITH THE CITY OF SAN DIEGO AND AGREEMENTS WITH INDUSTRY PARTNERS IN SUPPORT OF THE REGIONAL APPLICATION, BY THE CITY OF SAN DIEGO, TO THE FEDERAL AVIATION AUTHORITY’S UNMANNED AERIAL SYSTEMS INTEGRATION PILOT PROGRAM RECOMMENDED ACTION Council adopt the resolution. SUMMARY On October 25, 2017 President Donald J. Trump directed U.S. Secretary of Transportation Elaine L. Chao to launch an initiative to safely test and validate advanced operations for drones in partnership with state and local governments in select jurisdictions. On November 2, 2017 the Federal Aviation Authority (FAA) announced a drone integration pilot program (IPP). The IPP required a state or local government to submit a notice of intent to act as lead applicant for the program by November 28, 2017. Both the City of San Diego and the City of Chula Vista submitted their intention to apply as lead applicants. However, since applying, city staff has been working with the City of San Diego, South County Economic Development Council (SCEDC), San Diego Regional Economic Development Corporation (SDREDC) and private technology companies to join in partnership on one regional application that would cover airspace located in both jurisdictions. The FAA strongly encouraged participants to work closely with industry partners and technical experts in the drafting of proposals for FAA consideration. The intent of our collaboration is to create the most compelling regional application that will be seen as innovative and competitive with other states and local governments, because only a select few will be chosen. As part of the application the FAA requires applicants have the ability to enter into a Memorandum of Agreement (MOA) within five (5) days after receiving notice of selection. The proposed resolution would allow the City Manager to enter into this MOA, partnership agreements with the City of San Diego and agreements with our private partners should the application win the approval of the FAA. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(C)(3) no environmental review is required. Environmental Determination The Development Services Director has reviewed the proposed contract approvals for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to City of Chula Vista Printed on 12/14/2017Page 1 of 5 powered by Legistar™2017-12-19 Agenda Packet Page 503 File#:17-0538, Item#: 11. “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review of contract approval is required. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION On October 25, 2017 President Donald J. Trump directed U.S. Secretary of Transportation Elaine L. Chao to launch an initiative to safely test and validate advanced operations for drones in partnership with state and local governments in select jurisdictions. On November 2, 2017 the Federal Aviation Authority (FAA) announced a drone integration pilot program (IPP). The IPP required a state or local government to submit a notice of intent to act as lead applicant for the program by November 28, 2017. Both the City of San Diego and the City of Chula Vista submitted their intention to apply as lead applicants. However, since applying, city staff has been working with the City of San Diego, South County Economic Development Council (SCEDC), San Diego Regional Economic Development Corporation (SDREDC) and private technology companies to join in partnership on one regional application that would cover airspace located in both jurisdictions. The FAA strongly encouraged participants to work closely with industry partners and technical experts in the drafting of proposals for FAA consideration. The intent of our collaboration is to create the most compelling regional application that will be seen as innovative and competitive with other states and local governments, because only a select few will be chosen. Federal Aviation Authority Drone Integration Pilot Program (IPP) The drone integration pilot program (IPP) proposes to enter into agreements with state, local, and tribal governments to establish innovation zones for testing complex Unmanned Aerial System (UAS) operations and to attempt different models for integrating drones into local airspace. Using existing Federal authorities, the program will accelerate testing of currently restricted UAS operations - such as beyond-visual-line-of-sight flights and flights over people. The effort is intended to accelerate the integration of unmanned aircraft into the national airspace. Transportation Secretary Elaine Chao anticipates that these public private partnerships will “allow local communities to experiment with new technologies like package deliveries, emergency drone inspections, and more, on terms that work for them and in ways that support a unified and safe airspace”. Under the three-year program, the City of San Diego and the City of Chula Vista will partner with the private sector to provide a wide range of drone operations. The FAA will determine whether to accept these proposals into the pilot program on a case-by-case basis. According to the FAA, a successful application with have a “well defined framework” for managing flights and will have “strong industry partners. If approved, the FAA will grant the localities a waiver and will use testing data from those operations to inform federal policymaking. What is learned through testing operational concepts will provide the FAA clarity on rules that ensure safety and continued innovation. The FAA issued its first rule permitting small, routine drone flights last year, but the agency still prohibits most commercial drone flights over populated areas, nighttime operations and flying beyond the visual line of sight. The FAA has been considering proposals to lift some of those restrictions but needs greater clarity from state and local governments on how they may want to be involved in the process of allowing drones in their communities. Part of the proposal includes a robust public outreach program to gain constant feedback from the community. The FAA anticipates initially identify five (5) communities for the City of Chula Vista Printed on 12/14/2017Page 2 of 5 powered by Legistar™2017-12-19 Agenda Packet Page 504 File#:17-0538, Item#: 11. feedback from the community. The FAA anticipates initially identify five (5) communities for the program. The IPP will allow the following operations: ·The pilot program will open the skies for the delivery of life-saving medicines and commercial packages, inspections of critical infrastructure, support for emergency management operations, and surveys of crops for precision agriculture applications. ·The pilot program will also allow testing of new UAS traffic management systems and detection and tracking capabilities, which are needed to fully integrate UAS operations into the national airspace system. Chula Vista UAS Efforts: Since 2016, the City of Chula Vista has been involved in an informal drone integration program that is being led by the Chula Vista Police Department (CVPD). The CVPD has been exploring using drones in the service of public safety. It is widely understood that drones have the ability to safely and effectively conduct public safety operations at a fraction of the cost of manned aircraft. More importantly, a drone provides an opportunity to provide situational awareness of an incident without the need of a first responder to be put in harm’s way. CVPD envisions using drones to conduct the following type of operations: ·Missing persons at risk / Canyon searches ·Finding dangerous people and securing / documenting crime scenes ·Active shooters / Hostage / Crisis resolution ·Traffic collision reconstruction and investigation ·Bomb or suspicious package inspection ·Looking into dangerous vehicles (hot stops) ·Riot control (recording / situational awareness) ·Fire prevention and investigation ·Fire rescue ·Wildfire / Fire intelligence ·Hazardous material / Natural disaster mitigation ·Enhanced training capability ·Community Outreach Events, Demonstrations The CVPD, with input from other police and public safety agencies, with active UAS programs, drafted a UAS Policy and is currently able to conduct UAS operations on a very limited basis due to FAA constraints. Because of these constraints, CVPD has not been able to formally deploy a drone in direct support of a public safety event. The current FAA restrictions and training requirements severely limit the capability of the existing City program and the opportunities for its timely use. The FAA’s Integration Pilot Project is a recognition of these limitations and is an attempt to coordinate with local government agencies to responsibly test and confirm the safety and effectiveness of this new tool. City of Chula Vista Printed on 12/14/2017Page 3 of 5 powered by Legistar™2017-12-19 Agenda Packet Page 505 File#:17-0538, Item#: 11. From the very beginning CVPD has understood that transparency and accountability were highest priority in terms of the public’s acceptance of any UAS Program. Public outreach has occurred at the outset and is ongoing today. The Police Chief continues to inform the public of the benefits of UAS operations for public safety at community events, city leadership meetings and public workshops. The following is a list of those events: 3/24/2016 Meeting with Christie Hill, David Trujillo of the ACLU 5/25/2016 Meeting with Christie Hill of the ACLU 8/31/2016 Chief’s Community Advisory Committee presentation 9/27/2016 Police Technologies Public Forum - Chula Vista Council Chambers 2/9/2017 Coffee with a Cop - Broken Yolk Restaurant 4/11/2017 Council Member Aguilar’s UAS public comment solicitation 4/14/2017 Media Day at Olympic Training Center 4/15/2017 CVFD Easter Egg Hunt 6/19/2017 The Evening of Heroes Gala 08/01/2017 National Night Out 10/27/2017 Discovery Elementary STEM 11/08/2017 Public Safety Meeting/District 1 11/09/2017 Public Safety Advisory Committee Meeting CVPD has the unique ability to conduct a specific Concept of Operations (CONOPS) by integrating UAS’s into current public safety operations. CVPD has already developed and utilized operations involving the pre-deployment of unmarked police personnel to act as “scouts” for responding to critical incidents (SARA Project). Therefore, implementing UAS use into current patrol operations would require almost no formal training by patrol personnel and could be done almost immediately. CVPD has access to all incoming 911 calls for both police and fire and a plan/ability to relay the nature and location of any incident to a UAS/UAS operator for immediate deployment. CVPD is developing a central command operations center in the current Watch Commander’s Office to allow immediate access and relay of UAS video streaming for intelligence-led incident response by police and fire. CVPD has developed relationships in the private sector, and these private sector stakeholders have the ability and desire to partner with CVPD to beta test these CONOPS. The Police Chief and UAS Team have a demonstrated desire and ability to maintain transparent communications with the community and city leaders regarding UAS operations in support of public safety. The pilot program will increase the number and complexity of UAS operations across the nation. The program will help in the development of a future national aviation regulatory framework that can fuel American leadership in unmanned aviation. The proposed resolution will allow the City Manager to enter into an MOA with the FAA, partnership agreements with the City of San Diego and agreements with private partners, should the application win the approval of the FAA. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the City of Chula Vista Printed on 12/14/2017Page 4 of 5 powered by Legistar™2017-12-19 Agenda Packet Page 506 File#:17-0538, Item#: 11. Political Reform Act (Cal. Gov’t Code §87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The FAA drone integration pilot program serves to implement strong and secure neighborhoods, operational excellence and economic vitality. CURRENT YEAR FISCAL IMPACT There is no net fiscal impact to the General Fund as a result of this action. ONGOING FISCAL IMPACT There are no ongoing fiscal impacts as a result of this action as this action. ATTACHMENTS Staff Contact: Eric Crockett, Economic Development Director Captain Fritz Reber, Chula Vista Police Department City of Chula Vista Printed on 12/14/2017Page 5 of 5 powered by Legistar™2017-12-19 Agenda Packet Page 507 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE FEDERAL AVIATION AUTHORITY, A PARTNERSHIP AGREEMENT WITH THE CITY OF SAN DIEGO AND AGREEMENTS WITH INDUSTRY PARTNERS IN SUPPORT OF THE REGIONAL APPLICATION, BY THE CITY OF SAN DIEGO, TO THE FEDERAL AVIATION AUTHORITY’S UNMANNED AERIAL SYSTEMS INTEGRATION PILOT PROGRAM WHEREAS, On October 25, 2017 President Donald J. Trump directed the U.S. Secretary of Transportation to launch an initiative to safely test and validate advanced operations for drones in partnership with state and local governments in select jurisdictions; and WHEREAS, On November 2, 2017 the Federal Aviation Authority (FAA) announced a drone integration pilot program (IPP); and WHEREAS, the FAA strongly encouraged participants to work closely with industry partners and technical experts in drafting their proposals for consideration by the FAA; and WHEREAS, the City of Chula Vista in partnership with the City of San Diego and industry partners propose to submit one application covering airspace in Chula Vista and San Diego; and WHEREAS, a requirement of the IPP is that selected jurisdiction be able to enter into a memorandum of agreement with the FAA within five (5) days of being selected; and WHEREAS, the partnership between the City of San Diego and City of Chula Vista likely will require a partnership agreement to outline roles and responsibilities of the IPP programs; and WHEREAS, agencies selected for participation in the IPP will need to enter into agreements with industry partners and the jurisdictions where their technology is being tested. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, authorizes the City Manager to enter into a memorandum of agreement with the Federal Aviation Authority, a partnership agreement with the City of San Diego and agreements with industry partners in support of the regional application, by the City of San Diego, to the Federal Aviation Authority’s unmanned aerial systems integration program. 2017-12-19 Agenda Packet Page 508 Presented by Approved as to form by Eric C. Crockett Glen R. Googins Economic Development Director City Attorney 2017-12-19 Agenda Packet Page 509 City of Chula Vista Staff Report File#:17-0476, Item#: 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PURCHASE OF A 0.20 ACRE PROPERTY LOCATED AT 1095 ALPINE AVENUE FOR PUBLIC PURPOSES INCLUDING THE POTENTIAL CONSTRUCTION OF A NEW FIRE STATION TO REPLACE EXISTING STATION 9 AND APPROPRIATING FUNDS FROM THE GENERAL FUND RESERVE THEREFOR (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. ENVIRONMENTAL REVIEW Environmental Notice The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15303 Class 3 (New Construction or Conversion of Small Structures) and/or Section 15332 Class 32 (In-Fill Development Projects). The staff report and attachments for this item will be uploaded as they become available. City of Chula Vista Printed on 12/14/2017Page 1 of 1 powered by Legistar™2017-12-19 Agenda Packet Page 510 City of Chula Vista Staff Report File#:17-0402, Item#: 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERN CHULA VISTA DIF FINANCING PROGRAM), DECLARING THE RESULTS OF A SPECIAL ELECTION IN THAT TERRITORY DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERN CHULA VISTA DIF FINANCING PROGRAM), ANNEXATION NO. 2017-01 (URBANA), AND ADDING SUCH TERRITORY TO THE DISTRICT RECOMMENDED ACTION Council adopt the resolution. SUMMARY In March 2016, the City Council formed the Western Chula Vista Communities Facilities District (CFD 17-I). CFD 17-I was established for the purpose of financing the payment of certain development impact fee obligations for multi-family, commercial or industrial properties generally located between Interstate 5 and Interstate 805, and including the Auto Park located east of Interstate 805. The District included Future Annexation areas which allow additional properties to annex into the District. This is the first request since the adoption of the district by a property owner to annex into the District. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Determination The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the activity consists of a governmental established fee program activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on 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 required. Although environmental review is not required at this time, once the scope of potential individual projects has been defined, environmental review will be required for each project and the appropriate environmental determination will be made. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION Investment in Western Chula Vista presents a financing challenge for potential investors and City of Chula Vista Printed on 12/14/2017Page 1 of 4 powered by Legistar™2017-12-19 Agenda Packet Page 511 File#:17-0402, Item#: 13. Investment in Western Chula Vista presents a financing challenge for potential investors and developers. Financing challenges derive primarily from the lending industry’s increased equity requirements imposed upon infill development projects in Western Chula Vista. To help address the additional equity burden being placed on infill development in this area, the City Council formed the Western Chula Vista Communities Facilities District (CFD). The CFD allows the deferral of impact fees to incentivize future investment in this area. The deferral of the payment of impact fees reduces the additional equity burden by an amount equal to the fees. The CFD enables the developer to shift the impact fee burden from the construction/development cost side of their ledger to the operating side of the development. The CFD is unique in that is not utilized as a mechanism to issue debt but rather as a way to finance impact fees over time. When the CFD was formed in March 2016, only one property was included in the CFD. However, the CFD included a Future Annexation area, which includes multi-family, commercial or industrial properties generally located between Interstate 5 and Interstate 805, and including the Auto Park area. Property Owners can voluntarily annex into the district through an election process. An owner of commercial or industrial property located within the Future Annexation Area may apply to have such property annexed to the CFD. Such owner may waive the public hearing otherwise required for annexations and may waive the time limit for conducting the election to authorize the levy of special taxes within the property proposed to be annexed to the CFD. The project seeking to annex into the CFD is the Urbana Apartments, a 160-unit multi-family development located at 371, 385, and 395 H Street. The project has recently broken ground, and is expected to be completed in the fourth quarter of 2018. The property owner, as the qualified elector for the election to authorize the levy of the special tax within the property proposed to be annexed to the CFD, has waived the public hearing and the time limit for conducting such election. Ballot documents were transmitted to the property owner and completed and returned by the property owner to the City Clerk. The City Clerk canvased the ballot and determined that the property owner had cast the ballot in favor of authorizing the levy of the special tax on the property proposed to be annexed to the District. By adoption of the attached resolution the City Council will be determining the results of the election and determining and declaring that such property is added to and become a part of the CFD. The CFD program is available for five years. When the CFD was adopted, the City Council places a cap of 200 residential units per year. This is the first project to annex into the district with 135 units. The City has retained the services of Best, Best and Krieger, LLP as special counsel to provide assistance during the annexation proceedings, including the review of this report and associated resolution. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the City of Chula Vista Printed on 12/14/2017Page 2 of 4 powered by Legistar™2017-12-19 Agenda Packet Page 512 File#:17-0402, Item#: 13. Political Reform Act (Cal. Gov’t Code §87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The deferral of impact fees furthers the Economic Vitality initiative 2.1.2 to “foster opportunities for investment in Western Chula Vista” by removing impediments for development projects in the subject area, accelerating the completion of planned and future developments. CURRENT YEAR FISCAL IMPACT Development impact fees are typically paid by the developer at Certificate of Occupancy stage of development. For this project, Certificate of Occupancy is approximately 12 to 18 months away. Additionally, the developer is required to advance funds to the City to cover the costs incurred by the City in undertaking the annexation proceedings. Therefore, there is no Current Year Fiscal Impact as a result of this action. ONGOING FISCAL IMPACT The Western Chula Vista Financing Program will defer payment of three development impact fees - the Public Facilities Development Impact Fee (PFDIF), the Parkland Acquisition and Development Fee (PAD) and approximately 40% of the Western Transportation Development Impact Fee (WTDIF) for a period of thirty years incurring two percent interest, per annum, upon receipt of occupancy. There would be no obligation to make a payment on the deferment in years 1 through 10 however; the deferred fees are required to be repaid in years 11 through 30. If a property is sold or subdivided, the obligation to repay the fees runs with the land. The non-payment period aligns with standard commercial lending practices. It is anticipated that some projects will repay the deferred fees in year ten when the project is refinanced. New developments are assessed development impact fees for the incremental impacts resulting from said development. Impact fees do not pay for or resolve the deficiencies of facilities that may exist today. As stated above, all new development will continue to mitigate for on-site impacts resulting from each respective project. Should the CFD program be successful it is anticipated to generate new development which, would translate into an increase in assessed valuation and have a positive impact on the neighboring property values while also providing new residents and employees to help support the surrounding businesses located along the retail corridors. Fees to be deferred for the Urbana project as a result of this action are currently estimated to total $2,487,115, including $1,295,050 in deferred PFDIF, $1,056,375 in deferred PAD, and $135,690 in deferred WTDIF. The Urbana project represents an approximately $30 million investment in western Chula Vista. ATTACHMENTS City of Chula Vista Printed on 12/14/2017Page 3 of 4 powered by Legistar™2017-12-19 Agenda Packet Page 513 File#:17-0402, Item#: 13. 1. Rate and Method of Apportionment Staff Contact: Eric Crockett, Director of Economic Development. City of Chula Vista Printed on 12/14/2017Page 4 of 4 powered by Legistar™2017-12-19 Agenda Packet Page 514 1 RateandMethodof ApportionmentofSpecialTax CommunityFacilitiesDistrictNo.17-I (WesternChulaVistaDIFFinancing) A Special Tax shallbelevied oneachAssessor’sParcelofTaxablePropertywithintheboundariesof CommunityFacilitiesDistrict No. 17-I(Western Chula Vista DIFFinancing)oftheCityofChulaVista (the “City”) and collected each FY commencing in Special Tax Commencement FY applicable to suchAssessor’s Parcel,inanamountdeterminedbytheCFDAdministratorthroughtheapplication of the procedures described below.All of the realproperty within CFD No.17-I, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. 1.DEFINITIONS The terms hereinafter set forth have the followingmeanings: “Accrued InterestObligation”meansforeachAssessor’sParcel,theamountofinterestaccruedon the Deferred DIF Obligationfromthe dateoftheissuanceorgrantofaCertificateofOccupancyfor such property as determined in accordance withSection 3.D below. “Acre”or“Acreage”meanstheland areaofan Assessor’sParcelasshownonanAssessor'sParcel Map,or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Map. An Acre means 43,560 square feet of land. “Act”means the Mello-Roos CommunityFacilitiesAct of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. “Annual Special Tax”means the Special Tax actually levied in any FY on any Assessor’s Parcel which is equal to the sum of the Annual Special Tax for Facilities and the Annual Special Tax for Accrued Interest in accordance with Section 3.E below. “Annual Special Tax for Facilities”means the amount of the Special Tax levied on an Assessor’s Parcel of Developed Property in any FY, commencing with the Special TaxCommencementFY,to satisfythe repayment of the Deferred DIF Obligation over the term of the Special Tax as setforth in Section 7 determined in accordancewith Section 3.E below unlessthe SpecialTax Obligation is prepaid pursuant to the provisions of Section 6 thereto. “Annual Special Tax for Accrued Interest”means the amount levied on an Assessor’s Parcel of Developed PropertyinanyFY, commencingwiththe SpecialTaxCommencementFY,tosatisfythe repayment of the Accrued Interest Obligation over the term of the Special Tax as set forth in Section 7 determined in accordance with Section 3.E below unless the Special Tax Obligation is 2017-12-19 Agenda Packet Page 515 2 prepaid pursuant to the provisions of Section 6 thereto.. “Annual Special Tax for Current Interest”means the amount levied on an Assessor’s Parcel of Developed Propertyinany FY, commencingwiththe SpecialTaxCommencementFY,tosatisfythe requirement to pay interest on unpaid deferred fees during the 20-year repayment period commencing with the Special Tax Commencement FY and ending on June 30th of the SpecialTax Final Year. “Assessor”means the Assessor of the County of San Diego. “Assessor's Parcel”means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor'sParcelNumber. “Assessor's Parcel Map” means an official map of the Assessor designating parcels by Assessor’s Parcel Number. “Assessor's Parcel Number”means the number assigned to an Assessor's Parcel by the Assessor for purposesof identification. “Assigned Special Tax Obligation”means for each Assessor’s Parcel, the amount determined in accordance with Section 3.Bbelow. “BuildingPermit”meansabuilding permitissuedbytheCityforconstructionofaResidentialUnit or Non-Residential Property located within CFD No. 17-I. “BuildingSquareFootage”meansallofthe square footageofusableareawithintheperimeterof a residentialstructure,not including anycarport,walkway,garage, overhang,or similar area.The determination of Building Square Footage shall be made by reference to the Building Permit(s) issued for such Assessor’s Parcel and/or by reference to appropriate records kept by the City. “Certificate of Occupancy”means a certificate issued or approval granted by the City, or other applicable government entity, that authorizes the actual occupancy of a Residential Unit for habitation by one or more residentsor the occupancyof Non-Residential Property. “CFD Administrator”means an authorized representative of the City, or designee thereof, responsible for determining the Assigned Special Tax Obligation and the Annual Special Tax, for preparing the Annual Special Tax roll and/or calculating the Backup Special Tax. “CFD No. 17-I”meansthe Cityof Chula Vista CommunityFacilitiesDistrictNo.17-I(WesternChula Vista DIF Financing). “City” means the City of Chula Vista, California. “Council”means the City Council of the City acting as the legislative body of CFD No. 17-I under the Act. “County” means the County of San Diego, California. “Deferred DIF Obligation”means for each Assessor’s Parcel, the remaining balance of DIFs that have been deferred on such Assessor’s Parcel since Building Permit issuance as determined in accordance with Section 3.Cbelow. 2017-12-19 Agenda Packet Page 516 3 “Developed Property”means for each FY, all Taxable Property for which a Building Permit was issued priortoMay1oftheprevious FY.AnAssessor’sParcelclassifiedasDevelopedPropertybut for which the Building Permit that caused such Assessor’s Parcel to be classified as Developed Propertyhasbeen cancelled and/orvoided priortothe FYfor which SpecialTaxesarebeinglevied shallbe reclassified as Undeveloped Property. “DIF Deferral Agreement”means, as to an Assessor’s Parcel, the Agreement for Deferral of Development Impact Fees by and between the owner of such Assessor’s Parcel and the City. “DIF”or “DIFs”shall, as to an Assessor’s Parcel, have the meaning given such terms in the DIF Deferral Agreement applicable to such Assessor’s Parcel. “Effective Date”shall mean, as to each DIF Deferral Agreement, the effective date of such agreement asspecified therein. “Exempt Property”means for each FY, all Assessor’s Parcels designated as being exempt from Special Taxes pursuant to Section 8 below. “FinalMap”meansasubdivisionofpropertybyrecordation ofafinal map,parcelmap,orlot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which BuildingPermits may be issued without further subdivision. “Fiscal Year” or “FY”means the period starting on July 1 and ending the following June 30. “Initial FiscalYear”means,asto anyAssessor’s ParcelsubjecttoaDIFDeferralAgreement,theFY in which the Effective Date of suchDIF Deferral Agreement falls. “Initial Interest AccrualDate”shall mean, asto anyAssessor’s Parcel of Developed Property,the date on which the Certificate of Occupancy for such Assessor’s Parcel is issued. “Initial Accrued Interest Obligation FY”shall mean, as to any Assessor’s Parcel of Developed Property,the FY in which the Initial Interest Accrual Date for such Assessor’s Parcel falls. “Maximum Special Tax Obligation”means for each Assessor’s Parcel, the amount assigned in accordance withSections3.A below. “Non-Residential Property”means all Assessor’s Parcels of Developed Property for which a building permit has been issued for the purpose of constructing one or more non-residential structures or facilities. “Original Parcel”means an Assessor’s Parcel within the boundaries of CFD No. 17-I that was assigned aMaximumSpecialTaxObligationand anAssigned SpecialTaxObligationinthe prior FY but has been subsequently subdivided into Successor Parcels for the current FY. “PrepaymentAmount”means the amountrequiredtoprepaytheAnnualSpecialTaxobligationin full for an Assessor’s Parcel as described in Section 6.A below. “Public Property”meansanypropertywithintheboundaries ofCFDNo.17-I,whichisownedby, or irrevocably offered for dedication to the federal government, the State of California, the County, the City or any other public agency; provided however that any property owned by a 2017-12-19 Agenda Packet Page 517 4 public agencyand leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. “Residential Property”means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing one or more Residential Units. “Residential Unit”means each separate residentialdwelling unit that comprises an independent facility capable of conveyance or rental, separate from adjacent residential dwelling units. “Special Tax”means any special tax levied within CFD No. 17-I pursuant to the Act and this Rate and Method of Apportionment of Special Tax. “SpecialTaxCommencement FY”shall mean,astoeachAssessor’sParcelclassifiedasDeveloped Property,the FY falling after the first day of the eleventh calendar year after the date of the issuance of the Certificate of Occupancy applicable to such Assessor’s Parcel. “Special Tax Final FY”shall mean, as to each Assessor’s Parcel of Developed Property, the FY commencing on July 1 of nineteenth (19th) FY following the Special Tax Commencement FY. “SpecialTaxObligation”meansthe total obligation ofan Assessor’sParcelofDevelopedProperty to pay the Special Tax for the remaining term of the Special Tax applicable to such Assessor’s Parcel. “SuccessorParcel”meansan Assessor’sParcelcreatedbythe Subdivision ofoneor moreOriginal Parcels pursuant to Section 4 below. “State”means the State of California. “Taxable Property”means all of the Assessor's Parcels within the boundaries of CFD No. 17-I, which are not exempt from the levy of the Special Tax pursuant to law or Section 8 below. “Undeveloped Property”means, for each FY, all Taxable Property not classified as Developed Property. 2.LANDUSECLASSIFICATION EachFY, beginning withFY 2016-17, eachAssessor’sParcelwithinCFDNo.17-Ishallbeclassifiedas Taxable PropertyorExemptProperty. In addition,allTaxablePropertyshallfurtherbeclassifiedas Developed PropertyorUndevelopedProperty,andallsuchTaxablePropertyshallbesubjecttothe levy of Special Taxes in accordance with this Rate and Method of Apportionment of Special Tax determined pursuant to Sections 3 and 4 below. 3.SPECIALTAXRATES A.MaximumSpecialTaxObligation 2017-12-19 Agenda Packet Page 518 5 The Maximum Special Tax Obligation applicable to an Assessor's Parcel subject to a DIF Deferral Agreement in the Initial FY applicable to such Assessor’s Parcel shall be determined pursuant to Table 1 below. Table1 Initial FY Maximum Special Tax Obligation Assessor’s Parcel No (s). Maximum Special Tax Obligation 568-450-52 568-450-53 568-450-54 $ 2,487,115 The Maximum Special Tax Obligation applicable to an Assessor’s Parcel subject to a DIF Deferral Agreementshall besubject toescalation by theincreaseinanyDIFincludedinthe Deferred DIFObligationbetweenamountofsuchDIFineffectontheEffectiveDateofsuch DIF DeferralAgreementandthe amountofsuchDIFineffectonthedateofissuanceofthe first Building Permit for development of such Assessor’s Parcel. Commencing on July 1 of the FY followingthe Initial Interest Accrual Date, the Maximum Special Tax Obligation for such Assessor’s Parcel shall increase on July 1 of each FY by an amount equal to two percent (2%)of the Maximum Special Tax Obligation in effect for the prior FY. B.Assigned SpecialTaxObligation On July 1 of each FY commencingthe Special Tax Commencement FY, the CFD Administrator shall determine the Assigned Special Tax Obligation for that FY. The Assigned Special Tax Obligation in any given FY commencing the Special Tax CommencementFY shallbe the sum of the Deferred DIF Obligation plus the Accrued Interest Obligation. If for any FY the Assigned Special Tax Obligation is determined to be greater than the Maximum Special Tax Obligation, then the Assigned Special Tax Obligation shall be equal to the Maximum Special Tax Obligation. C.Deferred DIFObligation The Deferred DIF Obligation applicable to an Assessor’s Parcel classified as Undeveloped Property shallbe zero. The initial Deferred DIF Obligation applicable to an Assessor's Parcel classified as Developed Propertyshallbedeterminedbythe CFDAdministratoratthe timeofissuance of a Building Permit for such Assessor’s Parcel. The Deferred DIF Obligation shallbe equal to the sumofthe applicableDIFsspecified inthe DIF DeferralAgreement foreachBuilding Permit issuedforAssessor’sParcelswithinCFDNo.17-I.The amountofeachDIF specified in the DIF Deferral Agreement for an Assessor’s Parcel shall be based on the fee schedule 2017-12-19 Agenda Packet Page 519 6 applicable to such DIF in effect at the time of issuance of such Building Permit. The Deferred DIF Obligation in any FY applicable to an Assessor’s Parcel of Developed Property shall be equal to the Deferred DIF Obligation in the prior FY less any Annual Special Tax for Facilities payments made in the prior FY. If apartialprepaymentismadepursuanttoSection6.Bbelow,theDeferredDIFObligation will also be reduced by the applicable amount of the Deferred DIF Obligation that was prepaid. D.AccruedInterestObligation TheAccrued InterestObligationinthe Initial FYand eachsubsequentFYprior tothe Initial Accrued Interest Obligation FY applicable to an Assessor’s Parcel classified as Developed PropertyforwhichaCertificateofOccupancyhasnot beenissuedpriortoJuly1ofsuch FY shall be zero. The Accrued InterestObligation applicableto anyAssessor’sParcelclassifiedasDeveloped Property shall commence to accrue on the Initial Interest Accrual Date. The Accrued Interest Obligation applicable to such Assessor’s Parcel in the Initial Accrued Interest ObligationFYshallbe equaltotwopercent(2%)oftheDeferred DIFObligationasof July1 of such FY multiplied byafraction thenumerator of which isthe numberof calendardays from and including the Initial Interest Accrual Date to and including June 30th of such FY and the denominator ofwhichis365. TheAccruedInterestObligationforeachsubsequent FY prior to the Special Tax Commencement FY shall be equal to the Accrued Interest Obligation in the prior FY plustwo percent (2%)of the Deferred DIF Obligation as of July1 of the prior FY. The AccruedInterestObligationintheSpecialTaxCommencementFYandeachsubsequent FYapplicabletoan Assessor’sParcelclassifiedasDeveloped Propertyshallbeequaltothe Accrued Interest Obligation as of July 1 of the prior FY less any Annual Special Tax for Accrued Interest payments made in the prior FY. If apartial prepaymentismadepursuanttoSection 6.Bbelow,theDeferredDIFObligation willalso be reducedby the applicable amount of the Accrued InterestObligationthat was prepaid. E.Annual SpecialTax The Annual Special Tax for Developed Property in any FY commencing the Special Tax Commencement FY shall be equal to (i) the Annual Special Tax for Facilities plus (ii) the AnnualSpecialTaxforAccruedInterestplus(iii)theAnnualSpecialTaxforCurrentInterest. The Annual SpecialTaxforFacilitiesinanyFYcommencingtheSpecialTaxCommencement FY shall be equal to the Deferred DIF Obligation on July 1 of the Special Tax CommencementFYtimesthe Repayment Rate specifiedinTable2belowthatcorresponds with such FY. In each subsequent FY, the Annual Special Tax for Facilities will remain unchanged until the Deferred DIF Obligation is paid in full. 2017-12-19 Agenda Packet Page 520 7 The Annual Special Tax for Accrued Interest in any FY commencing the Special Tax Commencement FY shall be equal to the Accrued Interest Obligation on July 1 of the Special Tax Commencement FY times the Repayment Rate specified in Table 2 belowthat corresponds with such FY. In each subsequent FY, the Annual Special Tax for Accrued Interest willremain unchanged until the Accrued Interest Obligation is paid in full. The Annual Special Tax for Current Interest in any FY commencing the Special Tax CommencementFYshallbe equaltothe DeferredDIF ObligationonJuly1ofsuchFYtimes the Current Interest Rate in Table 2 below that corresponds withsuch FY. Table2 AmortizationTable Fiscal Year RepaymentRate CurrentInterest Rate Initial Accrued Interest Obligation FY through the FY preceding the Special Tax Commencement FY 0%0% Special Tax Commencement FY through the Special Tax Final FY 5%2% 4.METHODOFAPPORTIONMENT Commencing with the Special Tax Commencement FY and for each following FY, the CFD Administrator shall apportion the Assigned Special Tax Obligation as set forth below. First:All OriginalParcelsthat arereflectedontheAssessor’s ParcelMapsapplicabletothecurrent FY will be assigned a Maximum Special Tax Obligation and Assigned Special Tax Obligation in accordance withSection 3 above. Second: All OriginalParcelsthat are not reflectedon the Assessor’sParcelMapsapplicabletothe currentFY willbe assigneda MaximumSpecialTaxObligationandAssignedSpecialTaxObligation in accordance with Section 3 above as if suchparcels stillexisted in their previous form. Third: The Maximum Special Tax Obligation and Assigned Special Tax Obligation that were calculated inthe Secondstepabovewillbeassigned toeachapplicableSuccessorParcelbasedon the amount of Taxable Acreage contained in such Successor Parcel divided by the amount of Taxable Acreage contained in the relevant Original Parcel. The sum of the Maximum Special Tax Obligations ofeachgroup ofSuccessorParcelsshallbeequaltoMaximumSpecialTaxObligationof the applicable Original Parcel that was determined in the Second step. Likewise, the sum of the Assigned Special Tax Obligations of each group of Successor Parcels shall be equal to Assigned Special Tax Obligation of the applicable Original Parcel that wasdetermined in the Second step. 2017-12-19 Agenda Packet Page 521 8 Fourth: TheSpecialTaxshallbeleviedoneachAssessor’sParcelofDevelopedPropertyat100%of the applicable Annual Special Tax. SuccessorParcelsthat are assigned aMaximumSpecialTaxObligationandanAssignedSpecialTax Obligation in the current FY willbe considered Original Parcels in the following FY. 5.COLLECTIONOFSPECIALTAXES Collection of the Annual Special Tax shallbe made by the Countyin the same manner asordinary ad valorem property taxes are collected and the Annual Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the Council may provide for (i) other means of collectingthe Special Tax, including direct billings thereof to the property owners; and (ii) judicial foreclosure of delinquent Annual Special Taxes. 6.PREPAYMENTOFSPECIALTAXOBLIGATION A.Prepaymentin Full PropertyownersmayprepayandpermanentlysatisfytheSpecialTaxObligationbyacash settlement withthe Cityas permitted under Government CodeSection 53344. The Special Tax Obligation applicable to an Assessor’s Parcel of Developed Property, or Undeveloped Propertyforwhich a BuildingPermithasbeenissuedmaybeprepaidandthe obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor’s Parcel only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel eligible to prepay the Special Tax Obligation shallprovide the CFD Administrator withwritten notice of intent to prepay, anddesignateoridentifythecompanyoragencythatwillbeactingas the escrowagent, if any.The CFD Administratorshallprovide theownerwitha statement of the Prepayment AmountforsuchAssessor’sParcelwithinthirty(30)daysoftherequest, and may charge a reasonable fee for providing this service. The Prepayment Amount (defined below) shall be calculated for each applicable Assessor’s Parcel or group of Assessor’s Parcels assummarizedbelow (capitalized terms as defined below): Deferred DIF Obligation plus Accrued Interest Obligation plus Prepayment Administrative Feesand Expenses Total: equals PrepaymentAmount As of the proposed date of prepayment, the Prepayment Amount (defined in Step 14 below)shall be calculated as follows: 2017-12-19 Agenda Packet Page 522 9 StepNo.: 1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel. 2.For Assessor’s Parcels of Developed Property, determine the Deferred DIF Obligation and the Accrued Interest Obligation. For Assessor’s Parcels of Undeveloped Property for which a Building Permit has been issued, compute the Deferred DIF Obligation for that Assessor’s Parcel as though it wasalready designated as Developed Property, based upon the Building Permit which has already been issued for that Assessor’s Parcel. 3.Calculate the administrative fees and expensesof CFD No. 17-I, including the costs of computation of the prepayment and the costs of recording any notices to evidence the prepayment and the redemption (the “Prepayment Administrative Fees”). 4.The amount to prepay the Special Tax Obligation is equal to the sum of the amounts computed pursuant to paragraphs 1, 2 and 3 (the “Prepayment Amount”). The CFD Administrator will confirm that all previously levied Special Taxes have been paid in full. With respect to any Assessor's Parcel for which the Special Tax Obligation is prepaid in full, once the CFD Administrator has confirmed that all previously levied Special Taxes have been paid, the Council shall cause a notice of cancellation of Special Tax lien to be recorded in compliance with the Act, to indicate the prepayment of the Special Tax and the release of the Special Tax lien onsuchAssessor’sParcel,andthe obligation oftheownerofsuchAssessor'sParcel to pay the Special Tax shall cease. B.PartialPrepayment The SpecialTaxonanAssessor’sParcelofDevelopedPropertyorUndevelopedPropertyfor which a building permit has been issued may be partially prepaid. The amount of the prepayment shallbe calculatedasinSection6.A,exceptthat apartialprepaymentshallbe calculated according to the following formula: PP = (PE-A) x F+A These terms have the followingmeaning: PP = the partial prepayment PE = the Prepayment Amount calculated accordingto Section 6.A F = the percentage by which the owner of the Assessor’s Parcel(s) is partially prepaying the Special Tax Obligation A = the Prepayment Administrative Feesand Expensesfrom Section 6.A The owner of any Assessor’s Parcel who desires such partial prepayment shall notify the CFDAdministratorof(i)suchowner’sintenttopartiallyprepaytheSpecialTaxObligation, (ii)the percentage by which the Special Tax Obligation shall be prepaid, and (iii) the 2017-12-19 Agenda Packet Page 523 10 company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax Obligation for an Assessor’sParcel within sixty(60)daysof the request and may charge a reasonable fee for providing this service. With respect to any Assessor’s Parcel that is partially prepaid, the City shall (i) distribute the fundsremitted toitaccordingtoSection6.A.,and (ii)indicateintherecordsofCFDNo. 17-I that there has been a partial prepayment of the Special Tax Obligation and that the remaining Special Tax Obligation of such Assessor’s Parcel, equal to the outstanding percentage (1.00 - F) of the Deferred DIF Obligation and the Accrued Interest Obligation, shall continue to be levied on such Assessor’s Parcel in the same manner as before the Partial Prepayment. 7.TERMOFSPECIALTAX The Special Tax shall be levied as long as necessary to satisfy the Assigned Special Tax Obligation for a period not to exceed thirty (30) FYs commencing with Special Tax Commencement FY, provided however that the Special Tax will cease to be levied in an earlier FY if the CFD Administrator has determined that all CFD No.17-I obligations have been satisfied. 8.EXEMPTIONS TheCFDAdministratorshallclassifyonlyAssessor’sParcelsofPublicPropertyasExemptProperty (i) Assessor’s Parcels of Public Property. If the use of an Assessor’s Parcel of Exempt Property changes so that suchAssessor’s Parcel isno longer classified as Public Property, per the first paragraph of Section 8 above such Assessor’s ParcelshallceasetobeclassifiedasExemptPropertyandshallbedeemedtobeTaxableProperty. 9.APPEALS Anylandownerwhopaysthe SpecialTaxandclaimsthe amountoftheSpecialTaxlevied onhisor her Assessor’s Parcelisinerrorshallfirstconsultwiththe CFDAdministratorregardingsucherror not later than thirty-six (36) months after first having paid the first installment of the Special Tax that isdisputed. If followingsuchconsultation the CFDAdministratordeterminesthatanerrorhas occurred,then the CFDAdministratorshalltakeany ofthefollowingactions,inorderofpriority,in order to correct the error: (i) AmendtheSpecialTaxlevyonthelandowner’sAssessor’sParcel(s)forthecurrent FY prior to the payment date, (ii) Require theCFDtoreimbursethelandownerfortheamountoftheoverpaymentto the extent of available CFD funds,or (iii) Grant a credit against, eliminate or reduce the future Special Taxes on the landowner’s Assessor’s Parcel(s) in the amount of the overpayment. If following such consultation and action by the CFD Administrator the landowner believes such error still exists, such person may file a written notice of appeal with the City Council. Upon the receipt of such notice, the City Council or designee may establish such procedures as deemed 2017-12-19 Agenda Packet Page 524 11 necessaryto undertakethe reviewof any suchappeal. IftheCityCouncilordesigneedetermines an errorstillexists,theCFDAdministratorshalltakeanyoftheactionsdescribedas(i),(ii)and(iii) above,in order of priority, in order to correct the error. The City Council or designee thereof shall interpret this Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguities and make determinations relative to the administration of the Special Tax and any landowner appeals. The decision of the City Council or designee shall be final. 2017-12-19 Agenda Packet Page 525 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERN CHULA VISTA DIF FINANCING PROGRAM), DECLARING THE RESULTS OF A SPECIAL ELECTION IN THAT TERRITORY DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERN CHULA VISTA DIF FINANCING PROGRAM), ANNEXATION NO. 2017-01 (URBANA), AND ADDING SUCH TERRITORY TO THE DISTRICT (Annexation No. 2017-01) WHEREAS, the City Council of the City of Chula Vista, California (the “City Council”) has previously formed Community Facilities District No. 17-I (Western Chula Vista DIF Financing Program) (“CFD No. 17-I”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), as amended, and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the “Ordinance”) (the Act and the Ordinance may be referred to collectively as the “Community Facilities District Law”) for the purpose of financing the payment of certain development impact fee obligations; and, WHEREAS, acting pursuant to the Community Facilities District Law, the City Council also authorized by the adoption of Resolution No. 2016-051 (the “Resolution Authorizing Future Annexation”) the annexation in the future of territory to CFD No. 17-I, such territory designated as Future Annexation Area, Community Facilities District No. 17-I (the “Future Annexation Area”); and, WHEREAS, the owner of that property located at 371, 385, and 395 H Street which is within the Future Annexation Area made application pursuant to the Community Facilities District Law to annex such territory to CFD No. 17-I and such property has been designated as ANNEXATION NO. 2017-01 (the "Territory"); and, WHEREAS, at this time the unanimous consent to the annexation of the Territory to CFD No. 17-I has been received from the property owner of the Territory, and; WHEREAS, less than twelve (12) registered voters have resided within the Territory for each of the ninety (90) days preceding the election date established for the Territory, therefore, pursuant to the Act the qualified elector of the Territory shall be the "landowner," as such term is defined in Government Code Section 53317(f), of such Territory and such landowner who is the owner of record as of the applicable election date, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of the parcel of land that landowner owns within such Territory; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the Territory to the qualified elector thereof and the requirements for 2017-12-19 Agenda Packet Page 526 2 impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified elector of the Territory; and WHEREAS, the City Clerk of the City of Chula Vista has caused a ballot to be distributed to the qualified elector of the Territory, has received and canvassed such ballot, and has made a report to the City Council regarding the results of such canvass, a copy of which is attached as Exhibit A hereto and incorporated herein by this reference; and WHEREAS, at this time, the measure has been voted upon and such measure did receive the favorable vote of the qualified elector of the Territory, and the City Council desires to declare the results of the election; and WHEREAS, a map showing the Territory and designated as Annexation Map No. 2017- 01 (the "Annexation Map"), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference, has been submitted to this legislative body; and WHEREAS, the City has retained the services of Best, Best and Krieger, LLP as special counsel to provide assistance during the annexation proceedings, including the review of this resolution and associated staff report. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Chula Vista, California, acting as the legislative body of Community Facilities District No. 17-I, as follows: Section 1. Recitals. The above recitals are true and correct. Section 2. Findings. This legislative body does hereby further determine as follows: A. The unanimous consent as described in the recitals hereto to the annexation of the Territory to CFD No. 17-I has been given by the owner of the Territory and such consent shall be kept on file in the Office of the City Clerk of the City of Chula Vista. B. Less than twelve (12) registered voters have resided within the Territory for each of the ninety (90) days preceding the election date established for the each of the parcels located within the Territory, therefore, pursuant to the Act the qualified elector for the Territory shall be the "landowner" of the Territory as such term is defined in Government Code Section 53317(f). C. The qualified elector of the Territory has voted in favor of the levy of special taxes on the Territory upon its annexation to CFD No. 17-I. Section 3. Territory. The boundaries and parcels of property within the Territory and on which special taxes will be levied in order to finance the payment of development impact fees which will pay for public facilities are shown on the Annexation Map as submitted to and hereby approved by this legislative body. Section 4. Declaration of Annexation. This legislative body does hereby determine and declare that the Territory, and each parcel therein, is now added to and becomes a part of 2017-12-19 Agenda Packet Page 527 3 CFD No. 17-I. The City Council, acting as the legislative body of CFD No. 17-I, is hereby empowered to levy the authorized special tax within the Territory. Section 5. Notice.Immediately upon adoption of this Resolution, notice shall be given as follows: A. A copy of the Annexation Map as approved shall be filed in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. Section 6. Effective Date. This Resolution shall become effective upon its adoption. PREPARED BY:APPROVED AS TO FORM BY: ______________________________ Eric Crockett,Glen R. Googins, Director of Economic Development City Attorney 2017-12-19 Agenda Packet Page 528 A - 1 EXHIBIT “A” CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERN CHULA VISTA DIF FINANCING PROGRAM) SPECIAL ELECTION ANNEXATION NO. 2017-01 held on the election date established for each parcel located within the territory included in Annexation No. 20__ - __. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed to Community Facilities District No. 17-I (Western Chula Vista DIF Financing Program) for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION 1:YES NO WITNESS my hand this day of , 20__. CITY CLERK ELECTION OFFICIAL CITY OF CHULA VISTA OF THE STATE OF CALIFORNIA 2017-12-19 Agenda Packet Page 529 B - 1 Exhibit B Annexation Map 2017-12-19 Agenda Packet Page 530 2017-12-19 Agenda Packet Page 531 City of Chula Vista Staff Report File#:17-0510, Item#: 14. PRESENTATION AND CONSIDERATION OF ACCEPTANCE OF THE 2016/2017 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) AND SOLICITATION OF INPUT ON FUNDING PRIORITIES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME), AND EMERGENCY SOLUTIONS GRANT (ESG) FOR THE 2018/2019 PROGRAM YEAR . RECOMMENDED ACTION Council conduct the public hearing and accept the year-end report. SUMMARY The City of Chula Vista is required to prepare a Consolidated Annual Performance and Evaluation Report (CAPER) for the City’s U.S. Department of Housing and Urban Development (HUD) grant programs, which include Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Solutions Grant (ESG). This report provides a summary of activities undertaken during the last fiscal year (2016/17) towards meeting the goals of the 2015-2019 Consolidated Plan. In addition, a public hearing is being held to solicit public input on funding priorities for the upcoming grant year (2018/2019). ENVIRONMENTAL REVIEW Environmental Notice The proposed activities are not considered “Projects” as defined under Section 15378(b)(5) of the State CEQA Guidelines because the proposals consist of a reporting action, is an administrative function, and is not site specific project(s) and will not result in a direct or indirect physical change in the environment. Therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines, these activities are not subject to CEQA. Under NEPA, the activity qualifies for a Certification of Exemption. Environmental Determination The Development Services Director has reviewed the proposed activities for compliance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). The proposed activities are not considered “Projects” as defined under Section 15378(b)(5) of the State CEQA Guidelines because the proposals consist of a reporting action, is an administrative function, and is not site specific project(s) and will not result in a direct or indirect physical change in the environment. Therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines, these activities are not subject to CEQA. Under NEPA, the activity qualifies for a Certification of Exemption pursuant to Title 24, Part 58.34(a)(2)&(3) of the Code of Federal Regulations and pursuant to the U.S. Department of Housing & Urban Development Environmental Guidelines. Thus, no further environmental review is necessary. City of Chula Vista Printed on 12/14/2017Page 1 of 7 powered by Legistar™2017-12-19 Agenda Packet Page 532 File#:17-0510, Item#: 14. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION As the 74 th largest city in the nation, Chula Vista receives three federal funds directly from HUD as an entitlement community: the Community Development Block Grant (CDBG), Home Investment Partnerships Act Program (HOME), and the Emergency Solutions Grant (ESG). Administered by the Development Services Department’s Housing Division, the funds are vital in helping the City meet its mission of strengthening and revitalizing our community through housing, social services, and infrastructure improvements. In order to qualify for these funds, HUD requires that the City prepare and submit three planning documents which provide information on the City’s use of the CDBG, HOME and ESG funds, including: 1) The Five-Year Consolidated Plan (Five-Year Plan), which documents the City’s housing and community development needs, identifies its strategies for meeting those needs during a five-year period. The City adopted the current Five-Year Plan (2015-2019) in May of 2015; 2) The Annual Action Plan (Annual Plan) details the upcoming year’s strategies to meet the goals identified in the Five-Year Plan. The City’s current Action Plan (2017/2018; the third year of the 5-Year Plan) was adopted in July of 2017; and 3) The Consolidated Annual Performance Evaluation Report (CAPER) outlines accomplishments and progress towards the goals articulated in the Action Plan. In accordance with the HUD requirements, the 2016/2017 CAPER was submitted to HUD on September 28, 2017 (90 days after the close of the fiscal year). In summary, the City reported that during fiscal year 2016/2017, the Housing Division administered nearly $2.6 Million in combined federal grant funds. Despite the downturn in the economy and the elimination of the former 20 percent set aside of Redevelopment funds for low/moderate-income housing, the City utilized its federal funds and leveraged other funding sources to make targeted and strategic investments towards meeting the housing, services, and community development needs of its residents. The City accomplished many noteworthy achievements, including the following: ·Completed construction of Duetta, an 87-unit affordable housing project located in the Millenia master planned community, funded with HOME and low/moderate income housing funds. ·Provided rehabilitation loans to two (2) low-income homeowners to complete health and safety related improvements. ·Provided 11 households with financial assistance for the purchase of their first home. CalHome grant funds from the State of California were used to leverage the City’s HOME funds to maximize the amount of assistance available to the households. ·Provided 175 homeless, including victims of domestic violence and mentally ill clients, with access to transitional housing, temporary housing subsidies, and case management services through a short-term shelter, rapid re-housing, and tenant-based rental assistance (TBRA) City of Chula Vista Printed on 12/14/2017Page 2 of 7 powered by Legistar™2017-12-19 Agenda Packet Page 533 File#:17-0510, Item#: 14. program. ·Completed the Moss Street Sidewalk Improvement Project and the Holiday Estates Park Project, bringing infrastructure and park improvements to 14,540 residents within the surrounding area. ·Assisted approximately 4,500 low/moderate income residents with services ranging from food, health, housing, and referral services for youth, special-needs, elderly and homeless. These and other accomplishments were achieved while adhering to the rules and regulations that govern the federal entitlement grant programs, including fair housing activities and monitoring: ·Expending funds in a timely manner; ·Funding only HUD-eligible projects; ·Maintaining its administration and public service expenditures within the mandated spending caps. On November 20, 2017, the City received a letter from the City’s HUD Community Planning and Development Representative reviewing the City’s performance in administering its grant program. The letter highlighted the significant achievements made by the City and identified the City as a program high performer meeting and exceeding some of the goals of the programs. The City has no outstanding HUD findings and no Single Audit findings related to implementation of the HUD CPD programs. Public Hearing-Solicitation of Input for the 2018/2019 Annual Process for HUD Grant Programs: With programs complete for fiscal year 2016/17, and the current program year (2017/2018) underway, the City begins its planning process for fiscal year 2018/19. The City’s HUD approved 2015-2019 Consolidated Plan (ConPlan), effective July 1, 2015, identifies needs and establishes funding priorities and goals (Attachment 2). The Consolidated Plan guides the City in the development of its annual program. Established priorities and goals are as follows: ·Housing: o Affordable rental housing for low and moderate-income households o Maintenance and preservation of existing housing stock o Homeownership opportunities ·Community Development Priorities: o Infrastructure improvements in low and moderate-income neighborhoods o Community enhancement o Special needs and homeless priorities including public services, ADA improvements, and transitional and homeless housing and services This public hearing represents the first opportunity to solicit public input on these identified low- income housing and community development needs and funding priorities for the upcoming fiscal City of Chula Vista Printed on 12/14/2017Page 3 of 7 powered by Legistar™2017-12-19 Agenda Packet Page 534 File#:17-0510, Item#: 14. income housing and community development needs and funding priorities for the upcoming fiscal year (2018/2019). Resources: While the City has not yet received final notification of its allocation, the City anticipates receiving the following for fiscal year 2018/2019: ·CDBG $1,996,844 ·HOME $ 636,695 ·ESG $ 172,909 Additionally, any prior-year unencumbered CDBG and HOME grant funds will be included for re- programming to other eligible activities. Final funding amounts will be presented to Council once the City is notified by HUD. CDBG Program The CDBG program represents the City’s largest grant entitlement, funding a variety of housing and community development activities to benefit the City’s lower income residents. Funding is generally available for public service activities, capital projects, housing activities, and debt service payment for an existing Section 108 loan. Section 108 Loan: For fiscal year 2017/2018, the City’s Section 108 debt service payment will be $763,125. After deducting this required debt service payment from the anticipated CDBG annual entitlement, an estimated $1,233,719 will remain for public services programs, community development, housing projects, and grant administration. Public Services Category: HUD limits the funding that can be utilized on public services activities to 15% of the annual entitlement amount (estimated to total $299,527 in fiscal year 2018/19). Annually, the majority of the funding requests the City receives are for public services. Requests typically exceed the available funds. Consistent with the 2015-2019 ConPlan, additional rating criteria (the “tier” system) will be included in the review of the Public Services applications. Given the economic conditions over the last few years, Staff has seen a significant increase in the number of requests received and the total funding requested by both non-profit organizations and City Departments. CDBG funds are pursued to close funding gaps resulting from losses of funding at the Federal and State levels and in community giving. Several non-profit organizations and City Departments experienced complete cuts in state funding and/or experienced decreased levels of donations. Given the limited financial resources available, the tier system focuses our limited resources on basic and essential daily living needs and on vulnerable populations where the impact of limited resources can be significant. The funding methodology consists of a three-tier approach, classifying each of the activities in the City of Chula Vista Printed on 12/14/2017Page 4 of 7 powered by Legistar™2017-12-19 Agenda Packet Page 535 File#:17-0510, Item#: 14. following three categories for Public Services activities: ·Tier I: Basic/Essential Needs (Homeless Services, Food, Emergency Housing) ·Tier II: Special Needs Clientele who meet HUD’s Definition of Presumed Benefit (Services for Battered Spouses, Abused Children, Severely Disabled Adults, Abused Children) ·Tier III: Other (Transportation Services, Case Management, Preventative Health Care Services, Recreation (non-disabled, non-emergency services) Historically, there has been sufficient funding for Tier I and Tier II programs. Any remaining Public Services funds were then distributed among Tier III programs. Capital Improvement and Housing Related Activities: An estimated $534,824 will be available for capital improvement and housing projects for 2018/2019. To be considered eligible for funding, a project must first meet a HUD National Objective (located in a low and moderate-income census tract), not be regional in nature, and be located in a service area that is primarily residential. Funding recommendations for Capital and Housing Related Activities are then prioritized based on the following criteria: ·Eligible projects that address priorities listed in the ConPlan (Attachment 2); and ·Effectiveness of activity by meeting the following: o Leveraging of other funding sources; o Number of clients to be served; o Identification on the City of Chula Vista’s Critical Needs List. Home Investment Partnerships Act (HOME) An estimated $ 636,695 in HOME funds will be received by the City in fiscal year 2018/19. HOME funds may be used to provide affordable rental housing and home ownership opportunities through: ·New construction ·Acquisition ·Rehabilitation ·First time homebuyer assistance ·Tenant-based rental assistance HOME regulations require cities to set aside a minimum of fifteen percent (15%) of their annual allocation to assist Community Housing Development Corporations (CHDOs) for the creation of affordable housing units. This would equate to approximately $90,000 of the 2018/19 funds. Should these funds not be utilized for this specific purpose, these funds would be recaptured by HUD. Emergency Solutions Grant (ESG) It is estimated that the City will receive $172,909 in ESG entitlement funds for fiscal year 2018/19 in ESG funds. These funds may be used to provide homeless services through: ·Homeless Prevention; ·Rapid Re-Housing (rental assistance); City of Chula Vista Printed on 12/14/2017Page 5 of 7 powered by Legistar™2017-12-19 Agenda Packet Page 536 File#:17-0510, Item#: 14. ·Street Outreach; ·Emergency Shelter; and ·Homeless Management Information Systems (HMIS). Effective January 1, 2018, the City will require its current and future ESG Subrecipient(s) to participate in HUD’s Coordinated Entry System in accordance with the City’s and Continuum of Care’s written standards. This new rule will require each applicant of homeless services to go through an assessment process. This process provides priority to clients with the highest needs based on an establish vulnerability index. In addition, eligible clients will be assigned a Housing Navigator. Next Steps Funding applications for the three grant programs (CDBG, ESG and HOME) will be available to all interested organizations and City departments in January 2018, with applications due in February. Staff will release a Notice of Funding Availability that provides application criteria and provide an application workshop. All applications will be reviewed to determine eligibility and return to Council in March 2018 to present recommended allocations to eligible projects. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The activities funded through the federal grant programs are directed towards the revitalization of neighborhoods, economic development opportunities, and improved facilities and services. The nature of these activities is consistent with the Goals, Strategies and Initiatives in Goal 5: Connected Community. Strategy 5.1:Encourage Residents to Engage in Civic Activities Initiative 5.1.2 Fosters an Environment of Community Involvement The City has developed a detailed Citizen Participation Plan (CPP) which requires the participation of the community. The CPP requires the City to provide citizens with reasonable and timely access to meetings, information, and records related to the grantee's proposed and actual use of funds. A minimum of two public hearings are held annually to obtain citizen participation at all stages of the Five-Year Consolidated Plan and Annual Action Plan. This includes the identification of priorities, review of proposed activities, and review of program performance. Strategy 5.2:Provide Opportunities that Enrich the Community’s Quality of Life City of Chula Vista Printed on 12/14/2017Page 6 of 7 powered by Legistar™2017-12-19 Agenda Packet Page 537 File#:17-0510, Item#: 14. Initiative 5.2.1 Provide Services and Programs Responsive to Residents Priorities The CAPER (Attachment 1) includes the list of accomplishments using CDBG, HOME and ESG funding that provided decent affordable housing opportunities and a suitable living environment with adequate public facilities, infrastructure and services to City residents. CURRENT YEAR FISCAL IMPACT There is no current fiscal impact to the General Fund as the program is revenue offset by the grant funds. ONGOING FISCAL IMPACT There are no ongoing fiscal impacts as the program is revenue offset by the grant funds. Anticipated funding and expenditures for fiscal year 2018/19 are as follows: ATTACHMENTS Attachment 1: 2016/2017 Program Year Review Correspondence from HUD Attachment 2: 2015-2020 Consolidated Plan Funding Priorities Staff Contact: Angélica Davis, Sr. Management Analyst - DSD Housing Division City of Chula Vista Printed on 12/14/2017Page 7 of 7 powered by Legistar™2017-12-19 Agenda Packet Page 538 2017-12-19 Agenda Packet Page 539 2017-12-19 Agenda Packet Page 540 2017-12-19 Agenda Packet Page 541 2017-12-19 Agenda Packet Page 542 2017-12-19 Agenda Packet Page 543 2017-12-19 Agenda Packet Page 544 2017-12-19 Agenda Packet Page 545 2017-12-19 Agenda Packet Page 546 2017-12-19 Agenda Packet Page 547 2017-12-19 Agenda Packet Page 548 2017-12-19 Agenda Packet Page 549 2017-12-19 Agenda Packet Page 550 2017-12-19 Agenda Packet Page 551 2017-12-19 Agenda Packet Page 552 2017-12-19 Agenda Packet Page 553 2017-12-19 Agenda Packet Page 554 2017-12-19 Agenda Packet Page 555 Attachment No. 2    2015‐2019  HOUSING AND COMMUNITY DEVELOPMENT  NEEDS & FUNDING PRIORITIES    In 2015, the City Council adopted the 2015‐2019 Five Year Consolidated Plan.  The  Plan was developed to identify the housing and community development needs  of the community.  Based on these needs, goals and objectives were established  to meet these within the five‐year plan period.  Each year, the City adopts an  Annual Action Plan which outlines the City's one year approach at meeting the  goals and objectives.    CATEGORY PRIORITY ACTIVITY TYPE Housing  Priorities  1. Affordable  Housing Projects   New construction of rental  housing   Acquisition and rehabilitation  for rental opportunities  2. Affordable Housing  Programs   Homebuyer Assistance    Tenant‐based rental assistance   Rehabilitation Loans  Community  Development  Priorities  1. Public Services for  Low/Moderate  Income and Special  Needs Persons   Disabled   Youth    Elderly   Homeless   Health Services   Food Services  2. Infrastructure  Improvements   Street/Sidewalk Improvements   Section 108 Loan Payments  3. Public Facility  Improvements   ADA Improvements   Park/Recreation Facilities   Neighborhood Centers   Fire Stations (equipment)      2017-12-19 Agenda Packet Page 556 TELEGRAPH DEL REY HHIGHLAND H CANYONK I- 8 0 5 BRANDYWINED FIFTHE FIRSTSECONDMOSSTHIRD PALOMAR G OLYMPICOLEANDERJ C OXFORD L HILLTOPNACIONBONITATERRA NOVA PASEOLADERAWUESTEMELROSEINDUSTRIALCENTRAL I RANCHOORANGE PL A Z A B O N I T A I-5 FENTON PASEODEL REYFOURTHF R U T G E R S EAS T L A K E NAPLES BEYERMAINBROADWAY BIRCHFIFTH BEY ER H U N T E PALOMAR OTA Y L A K E S EASTLAKEHERITAGEMEDICALCENTERI-805 PROCTOR VALLEY H E R I T A G E CO R R A L C A N Y O NSR-54 LA MEDIASR-125 125011 125012 125021 125022 125023 132062 133022 126001 129003 126004 126002 134091 134103 134103 134142 134144 134192 134201 134211 131021 134213 124021 128003 124022 124023 133131 100141 123042 134102 130003 123041 130002 131041 126003 129001 131022 100142 133141 128002 129002 133021 134122 134012 133012 133091 134121 134121 134121 134121 132031 100012 100012 100012 131043 132061 132063 132041 133102 132033 132032 132034 132042 133031 133033 133111 133072 132043 133032 134202 134212 131023131044 134114 130001 133101 133061 134182 134151134143 134183 134011 134093 134161 133121 134141 101031 133114 133095 213032 134092 124011 134101 213021 134181 123032 133081 133081 131042 133011 123021 130004 134184 133092 127002 133113 133112 128001127001 131032 134111 124012 131031 133082 133094 133093 32041 32041 133062 32071 133071 123031 134171 134171 134191 134162 132051 CDBG Census Block Groups 0 1 20.5 Miles Path: P:\Projects\DEVELOPMENT_SERVICES\Housing\LMIncome\CDBG map.mxd Date: 1/30/2015 3:02:03 PM MAP NOTE: This map is intended for study only andshould not be used for any other purpose.Information on this map is also subject tochange (or revision) periodically. TheCity of Chula Vista does not guaranteethe accuracy of information contained onthis map and cautions against the use ofthis data in making land use decisions. CENSUS 2010 BLOCK GROUPS LOW/MODERATE INCOME BG 2017-12-19 Agenda Packet Page 557 City of Chula Vista Staff Report File#:17-0521, Item#: 15. PRESENTATION OF CITY OF CHULA VISTA PUBLIC SAFETY STAFFING STRATEGIES REPORT INCLUDING REVENUE OPTIONS AND PUBLIC OPINION SURVEY RESULTS RECOMMENDED ACTION Council accept the report and provide direction to staff. Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. The staff report and attachments for this item will be uploaded as they become available. City of Chula Vista Printed on 12/14/2017Page 1 of 1 powered by Legistar™2017-12-19 Agenda Packet Page 558 City of Chula Vista Staff Report File#:17-0539, Item#: 16. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN EXCLUSIVE NEGOTIATING AGREEMENT WITH THE UNIVERSITY OF SAINT KATHERINE FOR A PROPOSED UNIVERSITY DEVELOPMENT RECOMMENDED ACTION Council adopt the resolution. SUMMARY In December 2014 the City completed its acquisition of 375 acres of land for the University and Innovation District (UID). In January 2016 the City Council approved the recruitment and development strategy for a bi-national, multi-institutional higher education campus for the UID. Since acquiring the property, the City has been progressing on creating a master plan and completing the appropriate environmental studies, in accordance with the California Environmental Quality Act (CEQA), so that the property would be shovel ready for development. Recently, the City of Chula Vista was approached by the University of Saint Katherine (Saint Katherine) which is currently located in San Marcos, to establish a permanent undergraduate college on a portion of the UID. City staff is interested in further evaluating the opportunity to relocate and permanently establish Saint Katherine on a portion of the UID property. The proposed Exclusive Negotiating Agreement (ENA) will allow the City to review the financial capacity of Saint Katherine to construct, expand and maintain an institution of higher education and also allow the parties to determine the most appropriate location and phasing for the proposed development. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Determination The Development Services Director has reviewed the proposed contract approvals for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review of contract approval is required. City of Chula Vista Printed on 12/14/2017Page 1 of 3 powered by Legistar™2017-12-19 Agenda Packet Page 559 File#:17-0539, Item#: 16. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Saint Katherine is a university of arts and sciences that focuses its integrated, interdisciplinary teaching in the core areas of Composition, English Language and Literature, American Government and History, Economics, Business, and the Sciences. Saint Katherine is regionally accredited by the WASC Senior College and University Commission (WSCUC). Saint Katherine opened in 2011 with 20 students and has grown to over 200 full time students in 2017. Students of Saint Katherine may complete degree (BA/BS) programs in eleven concentrations, pre-professional studies (health sciences and graduate studies), and PK-12 teacher credentialing preparation. The University emphasizes interdisciplinary collaborations, laboratories, field experience, international study and programs whose work cuts across traditional departmental boundaries. Instruction at the University of Saint Katherine emphasizes awareness and understanding of cultures worldwide. The stated mission of Saint Katherine’s is “to provide a balanced education in the liberal arts and sciences, founded and rooted in the life of the Orthodox Christian Tradition”. In 2016/17 the University was awarded an “A” grade by the American Council of Trustees and Alumni (ACTA) for its emphasis on a comprehensive core curriculum. The ACTA is an American non-profit organization whose stated mission is to "support liberal arts education, uphold high academic standards, safeguard the free exchange of ideas on campus, and ensure that the next generation receives a philosophically rich, high-quality college education at an affordable price. Exclusive Negotiating Agreement (ENA): The purpose of the ENA is to provide staff and St. Katherine the opportunity to conduct due diligence and evaluate the university’s financial ability to define and develop the proposed project. Upon conclusion of the evaluation, the parties may proceed to negotiate the terms and conditions of a mutually-agreeable Development Agreement ("DA") for Council consideration. During the term of the ENA the City agrees not to solicit alternative development proposals for the Project, or to negotiate with any other person or entity regarding the acquisition or development of the Project. The Project being evaluated during the ENA period is the initial vision to develop an institution for 1,000 undergraduate students. The Project is currently envisioned to consist of (i) a university campus with facilities appropriate for approximately 1,000 full-time students, (ii) student housing for approximately 400 students, and (iii) uses incidental to the university, student housing, including retail services, restaurants, athletic facilities and libraries, which uses will be included in a master plan ("Campus Master Plan"). Unless additions or deletions are approved or required by City the parcels comprising the Project shall be approximately 10 acres located adjacent to either side of High Tech High, Exhibit “A” to the ENA. The Property is proposed to be leased to the Developer for $1 per year with the ability to renew the lease for an additional term based on agreed upon terms and conditions. The ENA would not preclude the ability of the City to solicit proposals from others for the remaining 365 acres of the UID. The Initial Term of the ENA will be for ninety (90) days from the date of approval and can be extended for up to two (2) additional ninety (90) day periods. The initial objectives and activities of the ENA will be to: ·Refine the vision and develop a Campus Master Plan for the Saint Katherine Higher Education Campus, consistent with the following: o provide educational opportunities and access to higher education for residents of the City and the region; o serve as an economic engine for the Innovation District, the City and the region by helping to create high-quality jobs, economic diversity and growth; o consider special relationships with Mexico or other countries, including the concept of a “bi- City of Chula Vista Printed on 12/14/2017Page 2 of 3 powered by Legistar™2017-12-19 Agenda Packet Page 560 File#:17-0539, Item#: 16. o consider special relationships with Mexico or other countries, including the concept of a “bi- national” university; and o promote and be compatible with the University SPA Plan goals and standards, including high- quality physical connections and compatibility with surrounding neighborhoods and land uses ; and ·Evaluate the financial capacity of Saint Katherine to develop their proposed portion of the Higher Education Campus. Provided staff and the developer are able to successfully conclude the above activities, staff will return with the appropriate development agreement for City Council consideration. The agreement would allow Saint Katherine the ability to implement their Campus Master Plan by having the following abilities: ·To acquire, hold, accept transfer of, lease, both short term and long term including by ground lease, and maintain suitable real and personal property that is necessary to implement the Campus Master Plan for the University. The property may include land, whether vacant or improved, buildings and structures, improvements to the property, personal property, furniture, fixtures and equipment and other property, both tangible and intangible. ·To enter into, make, perform, and carry out contracts and other instruments that are necessary to implement the Campus Master Plan for Saint Katherine. In addition, Saint Katherine also desires to become a nationally and internationally recognized residential institution of approximately 5,000 undergraduate, graduate, postgraduate and professional studies students. It aspires to be a high research activity (R1), doctoral degree-granting institution which will award research doctoral degrees in the humanities, social sciences, and STEM fields, as well as in medicine, dentistry, and pharmacy. It may also offer masters and professional practice and other doctoral degrees in other fields. The development agreement may also contain provisions that would allow the University to grow beyond its initial vision of 1,000 students based on achieving agreed upon milestones. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The planning and implementation of the UID is a key initiative under the City’s goals for Economic Vitality. CURRENT YEAR FISCAL IMPACT There is no net fiscal impact to the General Fund as a result of this action however, previously approved budget appropriations will be utilized to perform a financial feasibility analysis and support the Campus master planning effort. ONGOING FISCAL IMPACT There are no ongoing fiscal impacts as a result of this action. ATTACHMENTS 1. Exclusive Negotiating Agreement Staff Contact: Eric Crockett, Economic Development Director City of Chula Vista Printed on 12/14/2017Page 3 of 3 powered by Legistar™2017-12-19 Agenda Packet Page 561 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN EXCLUSIVE NEGOTIATING AGREEMENT WITH THE UNIVERSITY OF SAINT KATHERINE FOR A PROPOSED UNIVERSITY DEVELOPMENT WHEREAS, in December 2015 the City completed its acquisition of 375 acres located in the Otay Ranch community of the City of Chula Vista for the development of a University and Innovation District (UID); and WHEREAS, the UID anticipates building a facility that, at build out, could accommodate up to 20,000 students on a bi-national, multi-institutional campus; and WHEREAS, the University of Saint Katherine (Saint Katherine) has expressed a desire to establish its permanent campus on a portion of the UID campus; and WHEREAS, the City of Chula Vista is interested in pursuing the Saint Katherine opportunity to establish an undergraduate university for 1,000 full time students with student housing for 400 students; and WHEREAS, Saint Katherine is uniquely qualified for the proposed university project as an independent, coeducational, and privately endowed University, accredited by the WASC Senior College and University Commission, that started as a new university in 2010 and has grown from 20 students to over 200 students; and WHEREAS, Saint Katherine is willing to invest substantial time and resources towards the advancement of their proposed university; and WHEREAS, the Exclusive Negotiating Agreement (ENA) will allow the parties to develop a campus master plan, determine the financial feasibility and ability of Saint Katherine’s to implement the master plan and the proposed university project, and negotiate the terms and conditions for a development agreement for the university project; and WHEREAS, the ENA will have an initial term of ninety (90) days with the ability to extend up to an additional two (2) ninety day periods upon mutual agreement of the parties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the Exclusive Negotiating Agreement (ENA) between the City of Chula Vista and the University of Saint Katherine in the form presented, with such minor modifications as may be required or approved by the City Attorney, and authorizes the City Manager to execute the ENA on behalf of the City of Chula Vista. 2017-12-19 Agenda Packet Page 562 Presented by Approved as to form by Eric C Crockett Glen R. Googins Economic Development Director City Attorney 2017-12-19 Agenda Packet Page 563 ENA [University] DRAFT 11.16.12 City Proposed FINAL EXCLUSIVE NEGOTIATING AGREEMENT [Phase One University Project] Chula Vista University Innovation (UI) District This EXCLUSIVE NEGOTIATING AGREEMENT [Phase One University Project] ("Agreement") is entered into effective as of December 19, 2017 ("Effective Date") by and between the CITY OF CHULA VISTA, a chartered municipal corporation ("City") and the University of Saint Katherine, a California public benefit corporation ("Developer"), each a “party” and collectively the “parties”, with reference to the following facts: Recitals A. City owns certain real property comprised of approximately 375 acres located in the Otay Ranch and Eastlake communities of the City of Chula Vista, California (the "University Property"). B. City wishes to foster the development of a new university and regional technology park on the University Property, in a manner and form consistent with the goals and objectives of its General Plan and Otay Ranch General Development Plan. C. City wishes to explore an arrangement with Developer where Developer would lease a portion of the University Property for the purpose of developing and operating a university campus with facilities for approximately 1,000 full-time students, student housing for approximately 400 students, and incidental uses as more particularly described in section 2.2 (“Project”). D. Additionally, Developer aims to become a nationally and internationally recognized residential institution of approximately 5,000 undergraduate, graduate, postgraduate and professional studies students. Developer aspires to be a high research activity (R1), doctoral degree-granting institution which will award research doctoral degrees in the humanities, social sciences, and STEM fields, as well as in medicine, dentistry, and pharmacy. Developer may also offer masters, professional practice, and doctoral degrees in other fields. Complementing its educational purpose, Developer aims to create an intensive, collaborative research environment through corporate and public partnerships, and, consequently, to contribute significantly to the innovation enterprise of Chula Vista and the Cali- Baja region. E. Due to Developer’s unique qualifications as a WSCUC-accredited, independent, coeducational, and privately endowed University that started as a new college in 2010 and has grown from 20 students to over 200 students and the unique nature of the proposed Project, its potential for fostering economic development and educational advancement, and for providing a valuable amenity for the citizens of the City of Chula Vista, City is willing to enter into this Agreement with Developer on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the above recitals, the mutual covenants contained herein, and other good and valuable consideration, the parties hereby acknowledge as satisfactory, CITY and DEVELOPER hereby agree as follows: 2017-12-19 Agenda Packet Page 564 ENA [University] 12.19.2017-FINAL -2- Agreement 1. NATURE OF AGREEMENT 1.1. Purpose. The purpose of this Agreement is to negotiate the terms and conditions of a mutually-agreeable Development Agreement ("DA"), which, at the City Manager's, or his designee’s, sole discretion, may be presented to the City Council of the City of Chula Vista (the "City Council") for their consideration. 1.2. Exclusivity. During the term of the Agreement, City agrees not to solicit alternative development proposals for the Phase One Project (as defined in section 2.2 below), or to negotiate with any other person or entity regarding the acquisition or development of the Phase One Property (as defined in section 2.1 below). For purposes of this Section, “negotiate” shall mean to conduct communications or conferences of any kind with a view to reaching a preliminary or final settlement or agreement with respect to the disposition or development of all or any portion of the Project. Notwithstanding the foregoing, Developer acknowledges that (a) City may receive from time to time, unsolicited alternative proposals for the development of the Phase One Property ; and (b) City reserves the right to conduct a preliminary evaluation of and to factor in any unsolicited alternative proposal received when considering whether or not to approve the terms and/or conditions upon which to approve final agreements with Developer for the actual disposition and development of the Phase One Property. Upon receipt of such an unsolicited proposal, City shall promptly provide a copy of the proposal to Developer, and City and Developer thereafter shall meet to review the proposal. In the event any unsolicited proposal is sent to the City on the condition of confidentiality of some or all of its contents, the City shall return any and all confidential contents and not consider such contents unless the proponent removes the confidentiality requirement. 1.3. Term. The initial term of this Agreement shall commence on the Effective Date and terminate ninety (90) calendar days thereafter, unless earlier terminated in accordance with the provisions hereof (the "Initial Negotiation Period"). At the end of the Initial Negotiation Period, the City Manager, in his sole discretion and on behalf of the City, may extend the term of this Agreement for up to two (2) additional ninety (90) day periods (the "Extended Negotiation Period") provided that at the end of the Initial Negotiation Period (i) City has not exercised its right to terminate this Agreement, (ii) Developer is in full compliance with all material terms and conditions of this Agreement, and (iii) Developer agrees to such extension(s) of the Initial Negotiation Period. 2. DESCRIPTION OF PROPERTY AND PROJECT 2.1. Property Description. Unless additions or deletions are approved or required by City, for purposes of this Agreement, the Phase One Property (or “Property”) shall be that certain real property consisting of approximately 10 acres located either to the north or south side of High Tech High in the City of Chula Vista and more particularly shown on Exhibit A attached hereto. 2.2. The Project. The Phase One Project (or “Project”) as currently envisioned will consist of (i) a university campus with facilities appropriate for approximately 1,000 full-time 2017-12-19 Agenda Packet Page 565 ENA [University] 12.19.2017-FINAL -3- students, (ii) student housing for approximately 400 students, and (iii) uses incidental to the university, student housing, including without limitation, retail services, restaurants, athletic facilities and libraries, which uses shall be reflected in a master plan ("Campus Master Plan"). City and Developer acknowledge and agree that the Project is subject to change as the Project scope, plan, or definition are further refined per their mutual agreement and/or per conditions or requirements imposed by City in the discretionary land use approval process. City agrees to consider expansion of the Phase One Project as it deems appropriate in its sole discretion. 3. OBLIGATIONS OF DEVELOPER 3.1. Site Plans and Elevations. During the Initial Negotiation Period, Developer shall prepare and submit a proposed site plan and elevation drawings or renderings for the Project, including any alternative site plans as appropriate. The site plans and elevations should consider factors including, but not limited to, the City’s adopted land use plans and policies for the Property, adjacent land ownerships and property interests parcel configurations, circulation and traffic patterns, environmental factors and plans for regional transportation facilities. The site plans shall identify the proposed Floor Area Ratio (“FAR”) distributions, phasing strategies, and pedestrian and vehicular circulation patterns on the Property and, where appropriate, surrounding properties. 3.2. CEQA. City is currently processing an environmental review for the University Property in accordance with the California Environmental Quality Act (“CEQA”). Developer shall furnish such information to the City regarding the proposed Project as may be required to perform secondary or additional studies as required by CEQA. 3.3. Financial Feasibility Analysis. During the Initial Negotiation Period, Developer shall submit pro forma financial feasibility analyses for the Project in sufficient detail for City Staff to evaluate the economic feasibility of the Project. Separate construction and operating pro formas shall be submitted for the Project. 3.4. Financing. Developer shall provide the City with supporting evidence of Developer’s ability to secure financing for the development of the Project. 4. CITY OBLIGATIONS AND DUE DILIGENCE 4.1. During the Initial Negotiation Period, City will conduct a due diligence investigation of the Developer’s ability to own and/or operate the Project in a high quality and sustainable manner. If the City Manager determines in his or her reasonable discretion that Developer does not have the ability to successfully own and/or operate the Project in a high quality and sustainable manner, the City Manager may terminate this Agreement by delivering written notice thereof to Developer. City’s due diligence efforts may include, without limitation, the following: 4.1.1 Assessment of Financing. At the written request of the City, Developer agrees as a continuing obligation to provide to the City all documentation reasonably related for the City to assess the proposed financing and the capacity of Developer to qualify for financing for the Project; and 2017-12-19 Agenda Packet Page 566 ENA [University] 12.19.2017-FINAL -4- 4.1.2 Assessment of Ability to Own/Manage. At the written request of the City, Developer also agrees as a continuing obligation to provide to the City all documentation reasonably related for the City to assess the capacity of Developer to effectively own and/or manage the Project, including the ability to carry out any ongoing management oversight responsibilities. 4.2. City agrees to cooperate with Developer in providing equity partner(s) and/or lender(s) of Developer with appropriate and necessary information for the Developer to fulfill its obligations hereunder, which information is not otherwise privileged. 4.3. City shall cooperate with Developer’s professional consultants and associates in providing them with any information and assistance, so far as such information is not otherwise privileged, reasonably within the capacity, possession or control of the City in connection with the preparation of the Developer’s submissions to the City. 5. DEVELOPMENT AGREEMENT TERMS AND CONDITIONS. 5.1 DA Terms. Upon mutual execution of this Agreement, City staff (“City Staff”) and Developer shall in good faith attempt to negotiate the terms and conditions of a DA. If the terms of a DA can be negotiated to City Staff’s and Developer’s mutual satisfaction, City Staff shall present same to the City Council for its review and consideration. Any negotiated DA shall contain substantially the following terms, plus others to be negotiated by the parties: 5.1.1 Lease of Property. City shall lease the Property (and any related environmental mitigation land) to Developer “as is” for one dollar ($1) per year for a number of years to be determined by the parties based upon the Developer’s proposed investment in the Project and other factors. The City will agree to provide Developer with all information in its possession regarding the physical condition of the Property; provided, however, City does not, and shall not, make any representations or warranties regarding the physical condition of the Property or its suitability for development of the Project. 5.1.2 Property Control. Developer will have the rights to sub-lease or encumber the Property subject to City approval and in accordance with the Campus Master Plan. 5.1.3 Financing. Project entitlements and construction will be financed through the use of Developer’s funds, and other funding sources (debt, equity, grants, etc.) to be identified by the parties. Developer shall have the primary responsibility to arrange financing for the Project, including the planning and development phases. 5.1.4 Land Use Entitlements/CEQA. Developer shall be responsible for securing all necessary planning, zoning, and other entitlement and permit approvals for the Project subject to City approval and as required by law. Developer shall prepare, or to have prepared (as reasonably directed by City), all required environmental analysis documents for the Project in accordance with CEQA and other applicable law. The parties agree to work cooperatively in the land use entitlement process for the Project. 2017-12-19 Agenda Packet Page 567 ENA [University] 12.19.2017-FINAL -5- 5.1.5 Assurance of Developer's Performance. Developer will assure the performance of its DA obligations through the use of security or other mechanisms mutually acceptable to the parties. 5.1.6 Operating Covenants and Restrictions. Obligations relating to the operation and management of all or portions of the Project in a good and professional manner, subject to covenants necessary or appropriate to ensure the Project's long-term success, subject to reasonably necessary terms to protect the interests of secured lending parties. 6. RETENTION OF DISCRETION TO APPROVE THE PROJECT AND DA. 6.1. City Approval Discretion. This Agreement contemplates that the Project and a DA providing for its implementation may be presented to the City Council for approval. The parties understand that City is reserving all rights to exercise its discretion as to all matters which it is, by law, entitled or required to exercise its discretion, including, but not limited to the following: 6.1.1 Approval by City of the DA. The parties understand that the City has the complete and unfettered discretion to reject a DA without explanation or cause. Developer acknowledges and agrees that City may require or impose additional material obligations on the Project in the negotiation of a DA. If Developer does not agree to any such condition, Developer reserves the right to terminate this Agreement and/or not to proceed with the Project. 6.1.2 Review and approval by City of all discretionary findings and conclusions. Any agreement by City to transfer an interest in the Property or other City acquired parcels shall be conditioned upon the successful review and approval of all necessary findings and conclusions which the City Council is required to make, including all necessary findings and determinations required under CEQA or state and local land use laws or regulations. As to any matter which City may be required to exercise its unfettered discretion in advancing the Project to completion, nothing herein, nor to be contained in the DA shall obligate City to exercise its discretion in any particular manner, and any exercise of discretion reserved hereunder or required by law shall not be deemed to constitute a breach of City duties under this Agreement. 7. TERMINATION RIGHTS. 7.1. Parties' Right to Terminate. Notwithstanding the Initial or Extended Negotiation Periods set forth above, either party may terminate this Agreement if the other party has materially defaulted in its obligations hereunder, and the terminating party has provided defaulting party with written notification of such determination, and the defaulting party has refused to cure same. The written notification shall set forth the nature of the actions required to cure such default if curable. Defaulting party shall have fifteen (15) days from the date of the written notification to cure such default. If such default is not cured within this 15-day period, the termination shall be deemed effective. Each party shall also have the right to terminate this Agreement in the event that City or Developer determines that: (a) the Project is infeasible or not in the public interest; or (b) the parties reach an impasse in their negotiation of the DA which cannot be resolved after good faith efforts. 8. ADDITIONAL TERMS AND OBLIGATIONS. 2017-12-19 Agenda Packet Page 568 ENA [University] 12.19.2017-FINAL -6- 8.1. Each Party to Bear its Own Cost. Each party shall bear its own costs incurred in connection with the negotiation of a DA and the preparation and implementation of this Agreement. Developer acknowledges and agrees that the risk of loss of all processing, design and developmental costs incurred by the Developer prior to approval of a DA, if any, shall be absorbed entirely by Developer. 8.2. Confidentiality. Developer acknowledges and agrees that City is a public entity with a responsibility and, in many cases, legal obligation to conduct its business in a manner open and available to the public, including being subject to the California Public Records Act ("CPRA"; Govt. Code section 6250 et. seq.). Accordingly, any information provided by Developer to City with respect to the Property, the Project, or Developer may be disclosed to the public either purposely, inadvertently, or as a result of a public request or court order. With respect to any public records request for information pertaining to the financial condition of Developer, its members, lenders or other interested parties, or other information designated in writing by Developer as proprietary and confidential in nature, City agrees to (1) notify Developer of such request; (2) exercise its best efforts to keep such information confidential, to the extent permitted by law; and (3) may, in its sole and unfettered discretion, assert all appropriate defenses or exemptions to such request, as provided by law. Upon Developer's request, City agrees to negotiate the terms for a Confidentiality Agreement with respect to such information. 9. NO PRE-COMMITMENT. By its execution of this Agreement, City is not committing itself or agreeing to undertake any activity requiring the subsequent exercise of discretion by City, or any department thereof including, but not limited to, the approval or execution of a DA; the proposal, amendment, or approval of any land use regulation governing the Property; the provision of financial assistance for the development of any public or private interest in real property; the authorization or obligation to use the City's eminent domain authority; or, any other such activity. This Agreement does not constitute a disposition of property or exercise of control over property by City and does not require a public hearing. City execution of this Agreement is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and approval by City as to any proposed DA and all proceedings and decisions in connection therewith. 10. GENERAL PROVISIONS. 10.1. Notice/Address for Notice. All notices, demands, or requests provided for or permitted to be given pursuant to this Agreement must be in writing, with a copy delivered by electronic mail. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States Mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the address identified in this Agreement as the places of business for each of the designated parties. The parties’ addresses for Notice are as follows: Developer's Address for Notice: University of Saint Katherine 2017-12-19 Agenda Packet Page 569 ENA [University] 12.19.2017-FINAL -7- 1637 Capalina Road San Marcos, CA 92069 Attn: Frank Papatheofanis, MD, PhD, President Telephone: (760) 471-1316 With a copy to: Ryan West Chief Operating Officer 1637 Capalina Road San Marcos, CA 92069 Telephone: (760) 471-1316 City's Address for Notice: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Attn: Gary Halbert, City Manager; Eric Crockett, Director of Economic Development Telephone: (619) 476-5002 Facsimile: (619) 585-5689 With a copy to: Glen R. Googins, City Attorney 276 Fourth Avenue Chula Vista, CA 91910 Telephone: (619) 691-5039 Facsimile: (619) 409-5823 10.2. Authority. Each party represents that it has full right, power and authority to execute this Agreement and to perform its obligations hereunder, without the need for any further action under its governing instruments, and the parties executing this Agreement on the behalf of such party are duly authorized agents with authority to do so. 10.3. Counterparts. This Agreement may be executed in multiple copies, each of which shall be deemed an original, but all of which shall constitute one Agreement after each party has signed such a counterpart. 10.4. Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire agreement between the parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are hereby superseded. 2017-12-19 Agenda Packet Page 570 ENA [University] 12.19.2017-FINAL -8- 10.5. Further Assurances. The parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the parties. 10.6. No Third Party Beneficiaries. There are no other parties to this Agreement, express or implied, direct or indirect. Except as provided in section 8.13, City and Developer acknowledge that it is not their intent to create any third party beneficiaries to this Agreement. 10.7. Assignment. City would not have entered into this Agreement but for Developer's unique qualifications and experience. Therefore, Developer's rights and obligations under this Agreement may not be assigned without the prior written approval of City, which may be withheld or conditioned in City’s sole discretion. 10.8. Joint and Several Liability. If either party consists of more than one person or entity, the liability of each such person or entity shall be joint and several. 10.9. Time is of the Essence. Time is of the essence for each of the Parties' respective obligations under this Agreement. 10.10. Administrative Claims Requirements and Procedures. 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 policies and procedures used by City in the implementation of same. Upon request by City, Developer shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 10.11. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance under it, shall be the City of Chula Vista. Developer shall also comply with applicable Chula Vista Municipal Code sections. 10.12. Exhibits. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. 10.13. Indemnification. Developer shall indemnify, protect, defend, and hold harmless City, its elected officials, employees and agents from and against any and all challenges to this Agreement; and any and all losses, liabilities, damages, claims or costs (including attorneys’ fees) arising from Developer’s negligent acts, errors, or omissions with respect its obligations under this Agreement or the Property, excluding any such losses arising from the sole negligence or sole willful misconduct of City, its elected officials, employees, and agents. This indemnity obligation shall survive the termination and expiration of this Agreement. Notwithstanding the foregoing, in the event of a third party challenge to the validity of this Agreement, Developer shall have the option to terminate this Agreement in lieu of its indemnity obligation. 2017-12-19 Agenda Packet Page 571 ENA [University] 12.19.2017-FINAL -9- 10.14. Exclusive Remedies. In the event of default by either party to this Agreement, the parties shall have the remedies of specific performance, mandamus, injunction, and other equitable and legal remedies. Neither party shall have the remedy of monetary damages nor an award of costs of litigation and attorneys’ fees against the other based upon breach of this Agreement. Each party acknowledges that it is aware of the meaning and legal effect of California Civil Code Section 1542, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him would have materially affected his settlement with debtor. The parties each waive the benefits of California Civil Code Section 1542 and all other statutes and judicial decisions of similar effect with regard to the limitations on damages and remedies, and waivers of any such damage and remedies contained in this Section. [Balance of Page Intentionally Left Blank; Agreement Continues on Following Page] 2017-12-19 Agenda Packet Page 572 ENA [University] 12.19.2017-FINAL -10- IN WITNESS WHEREOF, the parties hereto hereby execute this Agreement as of the Effective Date set forth above, thereby indicating their agreement to all the terms and conditions hereof. CITY: CITY OF CHULA VISTA, a chartered municipal corporation By: Its: Attest: Kerry Bigelow, City Clerk Approved as to form: Glen R. Googins, City Attorney DEVELOPER: University of Saint Katherine A California public benefit corporation By: Its: _____________________________________ 2017-12-19 Agenda Packet Page 573 EXHIBIT A The Property [NOTE: TO BE INSERTED] 2017-12-19 Agenda Packet Page 574 City of Chula Vista Staff Report File#:17-0530, Item#: 17. APPOINTMENT OF DEPUTY MAYOR City of Chula Vista Printed on 12/14/2017Page 1 of 1 powered by Legistar™2017-12-19 Agenda Packet Page 575 City of Chula Vista Staff Report File#:17-0527, Item#: 18. APPOINTMENT OF CITY COUNCILMEMBERS TO OUTSIDE AGENCIES: ·Chula Vista Veterans Home Support Foundation - Member ·Chula Vista Veterans Home Support Foundation - Alternate ·Interagency Water Task Force - Two (2) Members ·International Council for Local Environmental Initiatives (ICLEI) - Environmental Lead ·International Council for Local Environmental Initiatives (ICLEI) - Alternate ·League of California Cities, San Diego Division - Member ·League of California Cities, San Diego Division - Alternate ·Metropolitan Transit System Board of Directors (MTS) - 1st Member (Mayor) ·Metropolitan Transit System Board of Directors (MTS) - 2nd Member (City Council Member) ·Metropolitan Transit System Board of Directors (MTS) - Alternate ·Metropolitan Wastewater Commission (Metro) - Member ·Metropolitan Wastewater Commission (Metro) - Alternate ·Otay Valley Regional Park (OVRP) Policy Committee - Member ·Otay Valley Regional Park (OVRP) Policy Committee - Alternate ·Otay Ranch Preserve Owner Manager (POM) Policy Committee - Member ·Otay Ranch Preserve Owner Manager (POM) Policy Committee - Alternate ·San Diego Association of Governments (SANDAG) Board of Directors - Member ·San Diego Association of Governments (SANDAG) Board of Directors - 1st Alternate ·San Diego Association of Governments (SANDAG) Board of Directors - 2nd Alternate ·San Diego Association of Governments (SANDAG) Bayshore Bikeway Committee ·South County Economic Development Council (EDC) - City of Chula Vista Printed on 12/14/2017Page 1 of 2 powered by Legistar™2017-12-19 Agenda Packet Page 576 File#:17-0527, Item#: 18. Member ·South County Economic Development Council (EDC) - Alternate ·University Project Task Force with Southwestern College - Two (2) Members City of Chula Vista Printed on 12/14/2017Page 2 of 2 powered by Legistar™2017-12-19 Agenda Packet Page 577 Updated 07/11/2017 COUNCILMEMBER District No. COUNCIL ASSIGNMENTS 2017 Mary Salas Mayor 1st Term: 2014 – 2018 ICLEI (International Council for Local Environmental Initiatives) -Member Metropolitan Transit System Board of Directors (MTS) - Member Metropolitan Wastewater Commission (Metro) - Alternate San Diego Association of Governments (SANDAG) Board of Directors – Member Interagency Water Task Force – Member University Project Task Force with Southwestern College – Member John McCann Deputy Mayor District 1 1st Term: 2014 – 2018 Chula Vista Veterans Home Support Foundation –Member League of California Cities (LCC), San Diego Division - Member San Diego Association of Governments (SANDAG) Board of Directors – 2 nd Alternate South County Economic Development Council (EDC) – Member Patricia Aguilar District 2 1st Term: 2010 – 2014 2nd Term: 2014 – 2018 Otay Valley Regional Park (OVRP) Policy Committee –Alternate Otay Ranch Preserve Owner Manager (POM) Policy Committee – Member San Diego Association of Governments (SANDAG) Bayshore Bikeway Committee University Project Task Force with Southwestern College – Member Stephen Padilla District 3 1st Term: 2016 – 2020 International Council for Local Environmental Initiatives (ICLEI) –Alternate Metropolitan Wastewater Commission (Metro) - Member San Diego Association of Governments (SANDAG) Board of Directors – 1 st Alternate South County Economic Development Council (EDC) - Alternate Mike Diaz District 4 1st Term: 2016 – 2020 Chula Vista Veterans Home Support Foundation –Alternate League of California Cities (LCC) San Diego Division – Alternate Metropolitan Transit System Board of Directors (MTS) - Alternate Otay Valley Regional Park (OVRP) Policy Committee – Member Otay Ranch Preserve Owner Manager (POM) Policy Committee – Alternate Interagency Water Task Force – Member Note: Appointments to SANDAG’S Policy Advisory Committees (Borders, Executive, Public Safety, Regional Planning, and Transportation are made by the primary representatives of each of the South County Subregion member agencies (National City, Chula Vista, Imperial Beach, and Coronado) – not by City Council. 2017-12-19 Agenda Packet Page 578 City of Chula Vista Staff Report File#:17-0552, Item#: 19. CONSIDERATION OF CITY ENDORSEMENT OF THE TEDX CHULA VISTA EVENT SCHEDULED FOR MAY 19, 2018 City of Chula Vista Printed on 12/14/2017Page 1 of 1 powered by Legistar™2017-12-19 Agenda Packet Page 579