HomeMy WebLinkAbout2025/12/16 Post Agenda Packet
Date:Tuesday, December 16, 2025, 5:00 p.m.
Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA
REGULAR CITY COUNCIL MEETING
**REVISED 12/12/2025**
Watch live in English and Spanish: chulavistaca.gov/councilmeetings or Cox Ch. 24 (English only).
Free Spanish interpretation is available on-site.
_______________________________________________________________________________________
In-Person Public Comments: Submit a request to speak to City Clerk staff before the close of the public
comment period on an item or before the close of the general Public Comment period for non-agenda items.
Electronic Public Comments: At chulavistaca.gov/councilmeetings, locate the meeting and click the comment
bubble icon. Select the item and click "Leave Comment." You may also email cityclerk@chulavistaca.gov.
eComments, emails, and other written comments must be received by the day of the meeting at noon for a
regular meeting or three hours before the start time for a special meeting.
Watch Live or Recorded (English and Spanish): Visit chulavistaca.gov/councilmeetings. Click "ES" at the
bottom to switch to Spanish. Closed captioning is available in both languages.
Accessibility: In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk’s Office at cityclerk@chulavistaca.gov or (619) 691-
5041. Providing at least 48 hours' notice will help ensure that reasonable arrangements can be made.
Gov. Code § 84308 Regulations: To promote transparency and fairness in the governmental decision-making
process, there are rules to prevent public officials from being unfairly influenced by contributors to their
campaigns. The type of activity these laws were enacted to limit is often referred to as “pay-to-play,” and is
governed in California by Government Code section 84308. Parties to any proceedings involving a “license,
permit, or other entitlement for use,” as that term is defined in the Political Reform Act, pending before the City
Council must disclose any campaign contribution over $500 (aggregated) within the preceding 12 months
made by the party, their agent, and those required to be aggregated with their contributions under Gov. Code
§ 82015.5. The disclosure must include the amount contributed and the name(s) of the contributor(s). "G.C. §
84308 Regulations Apply: Yes" on this agenda indicates that the item is subject to these regulations.
PUBLIC PARTICIPATION
Complete Agenda Packet: The agenda packet, including staff reports, draft resolutions and ordinances, and
other backup materials, is available at chulavistaca.gov/councilmeetings or the City Clerk's Office.
Time Allotted for Speaking (subject to change by the presiding officer)
- Consent Calendar (any or all items): 3 minutes
- Agenda Items (not on Consent): 3 minutes
- General Public Comment (not on agenda): 3 minutes
Individuals who use a translator will be allotted twice the time.
General Public Comments: Twenty-one (21) minutes are scheduled near the beginning of the meeting. The
first seven (7) speakers will be heard during the first Public Comment period. If additional speakers are
registered, they will be heard during the continued Public Comment period. If all registered speakers present
at the time address the City Council during the first Public Comment period, there will be no continued period.
Submitting Request to Speak: A request to speak must be submitted to the City Clerk before the close of the
public comment period on an item or before the close of the general Public Comments for non-agenda items.
GETTING TO KNOW YOUR AGENDA
AGENDA SECTIONS
Consent Calendar items are routine items that are not expected to prompt discussion. All items are
considered for approval at the same time with one vote. Before the vote, there is no separate discussion of
these items unless a member of the City Council or staff removes the item from the Consent Calendar.
Public Comment provides an opportunity to address the City Council on any matter not listed on the agenda
that is within the jurisdiction of the City Council. Under the Brown Act, the City Council cannot take action on
matters not listed on the agenda.
Public Hearings are held on matters specifically required by law.
Action Items are items expected to cause discussion and/or action by the City Council but do not legally
require a public hearing.
Closed Session may only be attended by members of the City Council, support staff, legal counsel, and others
specified on the agenda. Closed session may be held in very limited circumstances as authorized by law.
CITY COUNCIL ACTIONS
Resolutions are formal expressions of opinion or intention of the City Council and are usually effective
immediately.
Ordinances are laws adopted by the City Council. Ordinances usually amend, repeal, or supplement the
Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances
require two hearings and go into effect 30 days after the final approval.
Proclamations are issued by the City to honor significant achievements by community members, highlight an
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda Page 2 of 439
event, promote awareness of community issues, and recognize City employees.
Pages
1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
4.SPECIAL ORDERS OF THE DAY
4.1 Presentation of a Proclamation in Recognition of Library Associate Ruth Vasquez
Upon Her Retirement After 30 Years of Dedicated Public Service
4.2 Presentation of a Proclamation in Recognition of Fire Chief Harry Muns Upon His
Retirement After 31 Years of Dedicated Public Service and Being Named 2025
San Diego County Fire Chief of the Year
4.3 Chula Vista Bayfront Update Presented by Chula Vista Port Commissioner & Vice
Chair Ann Moore
10
5.CONSENT CALENDAR (Items 5.1 through 5.8)
Consent calendar items are considered together and acted upon by one motion. There is
no separate discussion of these items unless the Mayor or a City Councilmember
removes the item from the consent calendar. Items removed from the consent calendar
will be heard as action items.
RECOMMENDED ACTION:
City Council approve the recommended action on the below consent calendar items.
5.1 Waive Reading of Text of Resolutions and Ordinances
RECOMMENDED ACTION:
Approve a motion to read only the title and waive the reading of the text of all
resolutions and ordinances at this meeting.
5.2 Incentive Program: Approve a Letter of Authorization to Participate in the SD
EnergyLink Incentive Program and Accept $352,000 in Assets and Labor
27
Report Number: 25-0289
Location: City Hall (276 Fourth Avenue), Fire Station 4 (850 Paseo Ranchero),
Fire Station 6 (605 Mount Miguel Road), Fire Station 7 (1640 Santa Venetia
Street #18421), Fire Station 8 (1181 Woods Drive), Fire Station 9 (1410
Brandywine Avenue), and Police Department (315 4th Avenue)
Department: Public Works
G.C. § 84308 Regulations Apply: No
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant
to California Environmental Quality Act State Guidelines Section 15301 Class 1
(Existing Facilities).
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RECOMMENDED ACTION:
Adopt a resolution to A) Authorize the City Manager to execute a Letter of
Authorization to participate in the SD EnergyLink Equipment Incentive Program
and B) Accept $352,000 in assets and labor.
5.3 Grant Acceptance and Appropriation: Accept and Appropriate Adult Literacy and
Family Literacy Services Grant Funds From the California State Library
33
Report Number: 25-0292
Location: No specific geographic location
Department: Library
G.C. § 84308 Regulations Apply: No
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.
RECOMMENDED ACTION:
Adopt a resolution accepting and appropriating Adult Literacy and Family Literacy
Services grant funds from the California State Library. (4/5 Vote Required)
5.4 Employee Benefits: Adopt the 2026 Cafeteria Benefits Plan Reflecting Health
Insurance and Voluntary Insurance Benefits for Eligible City Employees
73
Report Number: 25-0300
Location: No specific geographic location
Department: Human Resources
G.C. § 84308 Regulations Apply: No
Environmental Notice: The proposed action 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.
RECOMMENDED ACTION:
Adopt a resolution for the 2026 Cafeteria Benefits Plan.
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5.5 Employee Compensation: Approve the Revised Compensation Schedule that
Reflects Scheduled Salary Adjustments for Certain Employee Groups
228
Report Number: 25-0304
Location: No specific geographic location
Department: Human Resources
G.C. § 84308 Regulations Apply: No
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.
RECOMMENDED ACTION:
Adopt a resolution approving the revised Fiscal Year 2025-26 Compensation
Schedule effective January 9, 2026, as required by the California Code of
Regulations, Title 2, Section 570.5.
5.6 Grant Award and Appropriation: Accept Grant Funds from the San Diego
Workforce Partnership for Cohort Training Activities and Appropriate Funds
305
Report Number: 25-0301
Location: No specific geographic location
Department: Fire
G.C. § 84308 Regulations Apply: No
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.
RECOMMENDED ACTION:
Adopt a resolution accepting the San Diego Workforce Partnership grant of
$494,181 and appropriating funds for that purpose. (4/5 Vote Required)
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5.7 Real Property Purchase: Approve the Acquisition of Real Property at 61 First
Avenue, Amend the Fiscal Year 2025-26 Budget and Appropriate Funds
311
Report Number: 25-0303
Location: 61 First Avenue
Department: City Manager
G.C. § 84308 Regulations Apply: Yes
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant
to the California Environmental Quality Act State Guidelines Section 15316 Class
16 (Transfer of Ownership of Land in Order to Create Parks). In addition,
notwithstanding the foregoing, the Project also qualifies for the Common Sense
Exemption pursuant to Section 15061(b)(3) of the California Environmental
Quality Act State Guidelines.
RECOMMENDED ACTION:
Adopt a resolution approving the purchase of 61 First Avenue (APN 566-131-05-
00) for the purposes of the Lower Sweetwater Community Park Project,
amending the fiscal year 2025-26 budget, and appropriating funds for this
purpose. (4/5 Vote Required)
5.8 Grant Acceptance and Appropriation: Accept Grant Funds from the American
Society for the Prevention of Cruelty to Animals (ASPCA) for Wildfire Response
and Preparedness and Appropriate Funds
325
Report Number: 25-0284
Location: No specific geographic location
Department: Animal Services
G.C. § 84308 Regulations Apply: No
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.
RECOMMENDED ACTION:
Adopt a resolution accepting grant funds in the amount of $14,473 from the
ASPCA for wildfire response and disaster preparedness activities and
appropriating the funds for that purpose. (4/5 Vote Required)
6.PUBLIC COMMENTS 337
Twenty-one minutes are scheduled for the public to address the City Council for three
minutes each on any matter within the jurisdiction of the City Council that is not on the
agenda. The remaining speakers, if any, will be heard during the continued Public
Comment period.
7.ACTION ITEMS
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7.1 Consider Items Removed From the Consent Calendar, if Any
Consider items removed from the consent calendar by the Mayor or a City
Councilmember, if any. If no items were removed from the consent calendar, this
item will be withdrawn.
*7.2 Agreement: Approve a Ten-Year Facilities Operations Agreement with Elite
Athlete Services, LLC to Operate the Chula Vista Elite Athlete Training Center
355
Report Number: 25-0277
Location: 2800 Olympic Pkwy, Chula Vista, CA 91915
Department: City Manager
G.C. § 84308 Regulations Apply: Yes
Environmental Notice: The proposed 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.
RECOMMENDED ACTION:
Adopt a resolution approving a facilities operations agreement with Elite Athlete
Services, LLC for the operations of the Chula Vista Elite Athlete Training Center.
8.PUBLIC COMMENTS (CONTINUED)
There will be no continued Public Comment period if all speakers present at the first
Public Comment period are heard.
9.CITY MANAGER’S REPORTS
10.MAYOR’S REPORTS
10.1 Ratification of Appointments 426
Location: No specific geographic location
G.C. § 84308 Regulations Apply: No
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 Sections 15060(c)(3) no environmental review is
required.
RECOMMENDED ACTION:
Ratify the appointments of Deepa Kurup to the Health, Wellness, and Aging
Commission and Isaiah Diamond to the Housing and Homelessness Advisory
Commission.
11.COUNCILMEMBERS’ REPORTS
12.CITY CLERK'S REPORTS
13.CITY ATTORNEY'S REPORTS
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14.CLOSED SESSION
Announcements of actions taken in closed session shall be made available by noon on
the next business day following the City Council meeting at the City Attorney's office in
accordance with the Ralph M. Brown Act (Government Code 54957.7)
14.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to
Government Code Section 54956.9(d)(1)
Name of case: Natalie Vazquez v. City of Chula Vista, San Diego Superior
Court Case No. 25CU045186C
14.2 Conference with Legal Counsel -- Anticipated Litigation
Significant Exposure to Litigation Pursuant to Government Code Section
54956.9(b)
One (1) Case: Including City of Chula Vista Claim CV25134, Presented on June
18, 2025.
14.3 Conference with Labor Negotiators Pursuant to Government Code Section
54957.6
Agency designated representatives: Tiffany Allen, Sarah Schoen, Tanya
Tomlinson, Marco Verdugo, and Courtney Chase
Employee organization: POA
15.ADJOURNMENT
to the regular City Council meeting on January 6, 2026, at 5:00 p.m. in the Council
Chambers.
Materials provided to the City Council related to an open session item on this agenda are
available for public review, please contact the Office of the City Clerk at
cityclerk@chulavistaca.gov
or (619) 691-5041.
Sign up at www.chulavistaca.gov to receive email notifications when City Council
agendas are published online.
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RECOMMENDED ACTION:
In accordance with California Government Code Section 66458(d), notice is hereby given
that the City Engineer has reviewed and, immediately following this City Council meeting
of December 16, 2025, will approve the following final map:
Chula Vista PCS18-0003, 354 Moss Street
Final Map (PRJ23-011)
Specifically, the City Engineer has caused the map to be examined and has made the
following findings:
(1) The map substantially conforms to the approved tentative map(s), and any approved
alterations thereof and any conditions of approval imposed with said tentative map(s).
(2) The map complies with the provisions of the Subdivision Map Act and any local
ordinances applicable at the time of approval of the tentative map.
(3) The map is technically correct. Said map will be finalized and recorded within 10
calendar days from the date of this City Council meeting.
If you have questions about the map approval findings or need additional information
about the map, please feel free to contact Jaime Campos, Principal Civil Engineer at
(619) 409-5483, or at Jcampos@chulavistaca.gov.
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Chula Vista Bayfront Update
Chula Vista City Council
Vice Chair Ann Moore
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Sweetwater Park Opening
• April 2025
• 39 acres – largest of the
Port’s 23 parks
• Nature inspired
Gaylord Pacific Opening
• May 2025
•Largest opening in Marriott
history!
• Positioned to be among
busiest Marriotts globally
What a year it’s been!
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Chula Vista Bayfront Master Plan
Transformation in Progress – Phases 1-3
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Updates to the 2010 Environmental Impact Report
• Addendum prepared to
refine Transportation
Mitigation Measures
• Clarifies timing of mitigation
to be required with specific
project impacts
• Amended Mitigation
Monitoring and Reporting
Program to be presented to
Board of Port
Commissioners
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Harbor Park
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Harbor Park Uplands – Phased Development
South Phase
North Phase*
*Pending final design.
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South Phase
(2-5)
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South Phase – Playground
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South Phase – Playground
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South Phase – Splash Pad
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Divaris Group of Companies
Mr. Gerald Divaris Chairman and CEO
4525 Main Street, Suite 900
Virginia Beach, VA 23462
(757) 497-2113
gdivaris@divaris.com
www.divaris.com
The McGarey Group, A Divaris Group Company
Mr. F. Denver McGarey, CEO and President
12 Elkton Drive
Pinehurst, NC 28374
(910) 758-0098
denver@themcgareygroup.com
www.themcgareygroup.com
Tucker Sadler Architects
Mr. Greg Mueller, Design Principal and CEO
1747 Hancock Street, Suite A
San Diego, CA 92101
(619) 277-9478
gmueller@tuckersadler.com
www.tuckersadler.com.com
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Recent Actions – Pangaea Unsolicited Proposal
1. Board of Port Commissioners received a presentation on July 15
a. Considered Port Code and Board Policy surrounding unsolicited proposals.
b. Considered relevant factors including:
• Market demand/location
• Unique project features
• Strength of development team
• Time and resource savings
• Public benefits to the community, such as:
•Providing unique recreational opportunities that do not exist in Chula Vista today
•Creating new local union jobs for both construction and permanent work
•Establish youth programs that are not presently available in Chula Vista
•Introduce new commercial uses that are to be enjoyed by the public in an area not presently
open to the public
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Recent Actions – Pangaea Unsolicited Proposal
2. Board voted unanimously to:
a. Adopt a resolution waiving the requirement for a competitive process pursuant to Board of Port
Commissioners Policy No. 360; and
b. Adopt a resolution authorizing staff to negotiate and enter into a six (6) month Exclusive Negotiating
Agreement (ENA) with The Divaris Group of Companies, The McGarey Group and Provident
Resources.
3. NEW: Port and development team entered into 6-month ENA, effective January 1, 2026
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ENA Requirements
During the 6-Month ENA Period, the developer will:
a. Confirm agreement between elite professional athlete and developer
b. Prepare market study for primary and adjacent uses
c. Confirm the need for geographic exclusivity based on market study
d. Explore project description/understand adjacent uses
e. Outline preliminary development/entitlement approach
f. Negotiate labor agreements
g. Develop public outreach plan
h. Develop community benefits plan
i. Conduct outreach to CVB stakeholders, City of Chula Vista, WAG and public
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What the ENA is Not
• It is NOT a Development Agreement.
• It is NOT a Lease of Port land.
• It is NOT a Financing Agreement.
• It is NOT a formal CEQA review.
• It is NOT a Funding Commitment by the Port.
• It is NOT a "Deal."
The ENA is an opportunity for preliminary discussions and negotiations and
additional study, evaluation and advancement of its concepts.
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2026 Swearing-In Ceremony
Gaylord Pacific Resort
& Convention Center
•Wednesday, January 14, 2026
•Executive Committee
•Chair Ann Moore
•Vice Chair Michael Zucchet
•Secretary GilAnthony Ungab
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December 16, 2025
ITEM TITLE
Incentive Program: Approve a Letter of Authorization to Participate in the SD EnergyLink Incentive Program
and Accept $352,000 in Assets and Labor
Report Number: 25-0289
Location: City Hall (276 Fourth Avenue), Fire Station 4 (850 Paseo Ranchero), Fire Station 6 (605 Mount
Miguel Road), Fire Station 7 (1640 Santa Venetia Street #18421), Fire Station 8 (1181 Woods Drive), Fire
Station 9 (1410 Brandywine Avenue), and Police Department (315 4th Avenue)
Department: Public Works
G.C. § 84308 Regulations Apply: No
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to California
Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities).
Recommended Action
Adopt a resolution to A) Authorize City Manager to execute Letter of Authorization to participate in SD
EnergyLink Equipment Incentive Program and B) Accept $352,000 in assets and labor.
SUMMARY
SD EnergyLink, a Public Purpose Program (PPP) of the California Public Utilities Commission (CPUC),
provides customers on federal properties, local government facilities and Native American lands
opportunities to save money on utility bills by offering resources and incentives that support the adoption
of energy-efficient technology, equipment and systems. Seven City of Chula Vista municipal locations have
been identified as prime candidates for participation in the program and incentive funds can cover the full
cost of equipment and installation for 32 energy efficient, tankless water heaters, a value of $352,000. This
will result in ongoing energy bill savings and reductions in greenhouse gas (GHG) emissions.
ENVIRONMENTAL REVIEW
The proposed project has been reviewed for compliance with the California Environmental Quality Act
(CEQA) and has been determined that the project qualifies for a Categorical Exemption pursuant to State
CEQA Guidelines Section 15301 Class 1 (Existing Facilities), because the proposed project would not result
in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a
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substantial adverse change in the significance of a historical resource. Thus, no further environmental review
is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
In an effort to save money on utility bills and reduce GHG emissions, the City of Chula Vista has a history of
participating in energy efficiency programs for municipal facilities. Funding for these projects was provided
from the California Public Utility Commission (CPUC) Public Purpose Program (PPP) and implemented
locally by San Diego Gas and Electric (SDG&E) and is a ratepayer funded rebate/incentive program. The city
previously participated in SDG&E’s energy efficiency programs between 2007 and 2020 and received over
$203,000 incentives for eligible upgrades, mainly for lighting but also gas boiler, chiller and HVAC projects.
In 2020, the method by which the PPP programs were executed changed and the CPUC required utilities,
including SDG&E, to award contacts with external implementers to facilitate the energy efficiency programs.
TRC now operates the program for the public sector under a contract with SDG&E. In the first quarter of
2025, City staff were notified of a new energy efficiency incentive program called SD EnergyLink, which
provides customers on federal properties, local government facilities and Native American lands
opportunities to save money on utility bills by offering resources and incentives that support the adoption
of energy-efficient technology, equipment and systems.
TRC met with staff over the spring and summer to discuss the new program, potential equipment
opportunities and identify which municipal sites might be a good fit. TRC performed site visits to check
eligibility and determine feasibility. After thorough review by an internal team, including Public Works
Facilities and Sustainability staff, and considering a variety of factors including existing equipment, space
and configuration requirements for potential new models, ability of existing staff to maintain new units,
utility bill savings and GHG emissions reductions, a final list of locations was finalized in the fall.
Seven (7) City facilities have been identified as prime candidates for participation in the program, and
incentive funds will cover the full cost of equipment and installation for 32 energy-efficient, tankless water
heaters, with a total project value of $352,000 ($96,000 in equipment and $256,000 in installation). SD
EnergyLink incentive funds will cover the entire cost of the project, including installation by prevailing-wage
contractors, and all incentives are paid directly from TRC to the authorized contractors. TRC will work with
the authorized contractor, Winsupply, on incentive administration, including paperwork, coordination with
SDG&E and payment distribution. No funds will be paid or received by the City.
Upon completion of installation and acceptance by the City, all equipment and improvements will become
City-owned assets.
The upgrades are expected to result in approximately $7,503 in annual energy cost savings and a reduction
of 26.5 MTCO2e in GHG emissions. More detail can be found in Table 1, below.
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Table 1. Details on locations and equipment (value, energy savings, GHG reductions, models).
Site Address # of
Units
Total
Equipment
and
Installation
Value ($)
Projected
Energy
Savings per
Year ($) *
GHG
Reduced
per Year
(MTCO2e)
Proposed
Replacement
Totals 32 $352,000 $7,503 26.5
MTCO2e
*est. $1.50/therm
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings
within 1,000 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)(7) or (8), 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.
CURRENT-YEAR FISCAL IMPACT
SD EnergyLink incentive funds will cover the entire cost of the project, including installatio n by prevailing
wage contractors, with total equipment valued at $96,000 and a total installation value of $256,000. As this
equipment will be installed roughly halfway through the fiscal year, the City should realize an energy utility
bill savings of approximately $3,750 for the remainder of the fiscal year. Details can be found in Table 1,
above.
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ONGOING FISCAL IMPACT
As these water heaters are more energy efficient than the existing models, installation of these energy
efficiency devices at municipal locations are projected to save an estimated $7,503 energy bills annually (see
Table 1). There is no ongoing fiscal impact to the General Fund as a result of this action.
The water heaters will continue to be maintained by the City, and no si gnificant change in ongoing
maintenance costs is anticipated as a result of this upgrade.
ATTACHMENTS
1. Letter of Authorization
Staff Contact: Coleen Wisniewski, Environmental Sustainability Manager
Angelica Aguilar, Interim Director of Public Works
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Form Rev 9/30/2025
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A LETTER OF
AUTHORIZATION TO PARTICIPATE IN THE SD
ENERGYLINK INCENTIVE PROGRAM AND ACCEPT FUNDS
IN ASSETS AND LABOR
WHEREAS, in an effort to save money on utility bills and reduce greenhouse gas
emissions, the City of Chula Vista has a history of participating in energy efficiency programs for
municipal facilities; and
WHEREAS, funding for these projects has been provided from the California Public Utility
Commission Public Purpose Program; and
WHEREAS, the SD EnergyLink Incentive Program is the current Public Purpose Program
in the San Diego region and is administered by TRC; and
WHEREAS, City staff worked with TRC to identify thirty-two water heater replacements
at seven municipal facilities; and
WHEREAS, upgrading these water heaters should result in approximately $7,503 in yearly
energy bill savings and a reduction of 26.5 MTCO2e in greenhouse gas emissions annually; and
WHEREAS, the SD EnergyLink Incentive Program will cover all costs for this $352,000
project, including all equipment and installation costs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the Letter of Authorization to participate in SD EnergyLink Incentive Program
and accept $352,000 in assets and labor for asset installation.
Presented by Approved as to form by
Angelica Aguilar Marco A. Verdugo
Interim Director of Public Works City Attorney
Page 31 of 439
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December 16, 2025 Post City Council Agenda
276 Fourth Ave. | Chula Vista, CA 91910 | www.chulavistaca.gov | (619) 409-5828
Date: 12/16/2025
To: SD EnergyLink Program
RE: Authorization to Perform Incentive Administration Activities
The City of Chula Vista and/or its relative related entities have a facility located in your Utility or
Agency territory. Winsupply is an authorized representative working on behalf of The City of Chula
Vista.
Winsupply has permission to perform activities associated with securing incentives and/or valuating
the potential of incentives from your utility or agency for energy conservation projects. This
document shall not be construed as authorization for Winsupply to perform installation work on-site.
Winsupply is authorized to act on our behalf to:
• Sign and grant incentive applications upon completion of the project
• Receive incentive checks at Winsupply of San Diego, ATTN: Jake Spitzlberger, 6695 Rasha St.,
San Diego, CA 92121, and made payable to “Winsupply of San Diego.”
• Transmit and receive utility incentive program correspondence, authorization, and approvals
• Obtain other account information applicable to evaluation incentive program participation
In the event there are questions concerning the validity of this authorization, please contact me. Both
The City of Chula Vista and Winsupply look forward to working together to implement energy saving
projects in your territory and assist you in meeting your energy efficiency conservation goals.
Thank you for your assistance, which is greatly appreciated.
Sincerely,
__________________________________
Tiffany Allen
City Manager
City of Chula Vista
(619) 691-5031
tallen@chulavistaca.gov
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v . 0 0 5 P a g e | 1
December 16, 2025
ITEM TITLE
Grant Acceptance and Appropriation: Accept and Appropriate Adult Literacy and Family Literacy Services
Grant Funds From the California State Library
Report Number: 25-0292
Location: No specific geographic location
Department: Library
G.C. § 84308 Regulations Apply: No
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.
Recommended Action
Adopt a resolution accepting and appropriating Adult Literacy and Family Literacy Services grant funds from
the California State Library. (4/5 Vote Required)
SUMMARY
The Adult and Family Literacy grant has been awarded annually to the City of Chula Vista Library from the
State of California Library. This grant provides funds to the Library to implement adult and family literacy
services in the community.
ENVIRONMENTAL REVIEW
The activity has been reviewed for compliance with the California Environmental Quality Act (“CEQA”), and
it has been determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA
Guidelines because the proposed activity consists of a governmental fiscal/administrative activity which
does 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.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not Applicable
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DISCUSSION
Library staff are proud to implement literacy programs and expand literacy to families in the community. In
the past years this annual, reoccurring grant award has been used to provided numerous programs to
families and adults. This program has included workshops, literacy events, take-home kits, and story times.
The City of Chula Vista continues to be awarded this annual recurring grant from the California State Library
as the City’s libraries are established Literacy Sites with the California State Library. Acceptance of this
$61,668 will allow continued adult and family literacy programing for the community.
DECISION-MAKER CONFLICT
Staff have reviewed the decision contemplated by this action and have determined that it is not site-specific
and consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff are not independently aware, and have 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.
CURRENT-YEAR FISCAL IMPACT
Approval of this resolution accepts $61,668 in grant funds from the California State Library and amends the
fiscal year 2025-26 budget by appropriating $61,668 to the Other Expenses budget category to the Literacy
section of the State Grant Fund for the Adult Literacy and Family Literacy Services grant program. Funding
from the State of California Library will completely offset these costs, resulting in no net fiscal impact to the
General Fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of this action.
ATTACHMENTS
1. Grant Award
Staff Contact: Barbara Locci, Management Analyst II
Joy Whatley, Director of Library Services
Page 34 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Form Rev 9/30/2025
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE ADULT LITERACY AND
FAMILY LITERACY SERVICES GRANT FUNDS FROM THE
CALIFORNIA STATE LIBRARY, AMENDING THE FISCAL
YEAR 2025-26 BUDGET TO APPROPRIATE FUNDS
THEREFOR
WHEREAS, the City of Chula Vista receives funds annually from the California State
Library to provide literacy services to the community; and
WHEREAS, the State of California Library has awarded the City of Chula Vista Library
with a $61,668 grant to provide adult and family literacy services beginning July 1, 2025 through
September 30, 2026.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it accepts $61,668 from the California State Library and amends the Fiscal Year 2025-26
budget by appropriating $61,668 to the Other Expenses budget category to the Literacy section of
the State Grant Fund for the Adult Literacy and Family Literacy Services grant program.
BE IT FURTHER RESOLVED, that the City Manager is authorized to enter into and
execute an agreement with the California State Library, any amendments, extensions, or renewals
of the agreement, and any and all documents necessary and appropriate to implement this
resolution.
BE IT FURTHER RESOLVED, that the City Manager is authorized to take all necessary
action to administer, monitor, manage, and ensure compliance with the grant awards including
certifications made in the grant application, and further to enter into and execute contracts with
third parties to implement the grant awards or use of the funds, as appropriate.
Presented by Approved as to form by
Joy Whatley Marco A. Verdugo
Director of Library Services City Attorney
Page 35 of 439
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Ž
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16 September 2025
Joy Whatley
Chula Vista Public Library
389 Orange Avenue
Chula Vista, CA 91911
Dear Joy Whatley,
We are pleased to provide funds to support your California Library Literacy Services
program and the important work that you, your staff, and your volunteers do in your
community.
Your total award amount for the 2025-2026 fiscal year beginning July 1, 2025, is:
x Adult Literacy and Family Literacy Services: $61,668
x Total Award: $61,668
CLLS programs with Family Literacy Services will receive one award total, referred to as a
block grant,” for the 2025-2026 project period. Your library is responsible for allocating
award funds between Adult Literacy Services and Family Literacy Services to respond to
community needs and for adhering to the following requirements:
x At least 51 percent of the block grant award must be allocated to Adult Literacy
Services.
x At least 26 percent of the block grant award must be allocated to Family Literacy
Services.
x Programs who requested a fixed award for Family Literacy Services may adjust their
request by +/- 25 percent. Contact your state team for support.
The block grant model does not apply to English as a Second Language Services funds for
the 2025-2026 project period.
Your award will be claimed in two stages. The claim form included in this award packet will
allow you to request the first 90% of your total award:
x Total Initial Award Amount: $55,501
Information about claiming the rest of your award is included in the payment schedule at
the end of your award packet.
You must encumber your funds by June 30, 2026. You must fully expend funds by September
30, 2026, or by the final report due date, in accordance with your approved budget on file
with the State Library. Encumbered funds are those that have been deposited in the
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Ž
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Ž Ž
grantee’s accounting system and for which a budget has been provided to and approved
by the State Library.
Review the California Library Literacy Services Allowable and Unallowable Expenses
guidelines to ensure project expenditures are consistent with the California Library Literacy
Services allowable expenses. If you have questions about expenses or expending award
funds, contact Allyson Jeffredo at CLLS@library.ca.gov.
We strongly encourage your program staff to develop and maintain community partners to
strengthen your program, attend regular regional library literacy network meetings,
participate in your local Adult Education Consortium/a, and participate in library literacy
training opportunities offered by the regional networks and the State Library to meet the
California Library Literacy Services Mission, Values, and Program Essentials. Additional
California Library Literacy Services resources can be found on the California Library Literacy
Services website.
The payment process begins when we receive your completed and signed claim form,
certification form, and State Funded Grants Award Agreement and Certificate of
Compliance included in this packet. All forms should be completed and signed through
Docusign to be processed for payment.
Our library literacy staff are available to assist you throughout the year. Contact your
Program Consultant Julianna Robbins and your Grant Monitor Allyson Jeffredo at
CLLS@library.ca.gov with any questions.
Thank you for your willingness to do so much for those in your community. Best wishes for a
successful year.
Respectfully yours,
Greg Lucas
California State Librarian
Cc: Julianna Robbins, julianna.robbins@library.ca.gov
Allyson Jeffredo, allyson.jeffredo@library.ca.gov
State Library Fiscal Office, stategrants.fiscal@library.ca.gov
Mariam Feliciano, mfeliciano@chulavistaca.gov
Diana Ysla, dysla@chulavistaca.gov
Enc: Re: CLLS25-17: Claim form, certification form, and State Funded Grants Award
Agreement and Certificate of Compliance
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Library – Courts Building 916-323-9759
P.O. Box 942837 csl-adm@library.ca.gov
Sacramento, CA 94237-0001 www.library.ca.gov
THE BASICS – YOUR GRANT AWARD
The following provides all the basic information about your grant and managing your
grant.
Award #: CLLS25-17
Library/Organization: Chula Vista Public Library
Project Title: California Library Literacy Services
Award Amount: $61,668
Start Date: July 1, 2025
End Date: September 30, 2026
NOTE: It can take six to eight weeks before grant funds are delivered. If you have not
received your payment after eight weeks, contact your grant monitor.
GRANT AWARD INFORMATION
You can access your full grant award information and manage your grant through the
grant management system, AmpliFund.
NOTE: You are required to submit a budget amendment for all budget changes
regardless of amount. Amendments may be submitted throughout the year but no later
than May 31 of the project period.
REPORTING
California Library Literacy Services participants are required to provide financial and
narrative reports as outlined in the grant terms and conditions. The reporting schedule is
detailed below:
Mid-Year Report Due January 31, 2026
Final Report Due September 30, 2026
Reports will be submitted through the AmpliFund grant management system. You can
find support documents on the California State Library’s Manage Your Current Grant
page.
PAYMENTS
Libraries receive 90% of their total award amount upon receipt of the award letter.
Libraries receive the final 10% payment of their total award after successful completion of
the California Library Literacy Services Mid-Year Report form.
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City of Chula Vista - City Council
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Library – Courts Building 916-323-9759
P.O. Box 942837 csl-adm@library.ca.gov
Sacramento, CA 94237-0001 www.library.ca.gov
NOTE: Libraries have 15 months to spend their California Library Literacy Services award
funds, from July 1, 2025, in which the funds are awarded until September 30 of the
following year or when the final report is due.
CONTACT
We want your project to be successful. Please work with your grant monitor and
program consultant to implement your project:
Grant Monitor: Allyson Jeffredo
Monitor Phone Number: 916-603-6709
Monitor Email Address: allyson.jeffredo@library.ca.gov
Program Consultant: Julianna Robbins
Consultant Phone Number: 916-603-6712
Consultant Email Address: julianna.robbins@library.ca.gov
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City of Chula Vista - City Council
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STATE-FUNDED GRANTS
AWARD AGREEMENT AND
CERTIFICATE OF COMPLIANCE
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City of Chula Vista - City Council
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Chula Vista Public Library
California Library Literacy Services
2025-2026 CLLS25-17
Page 1 of 29
TABLE OF CONTENTS
PROJECT SUMMARY 2
PROCEDURES and REQUIREMENTS 3
A. Term of the Agreement 3
B. Scope of Work 3
C. Budget Detail 3
D. Narrative and Financial Reports 4
E. Claim Form and Payment 5
EXHIBIT A: TERMS and CONDITIONS 7
EXHIBIT B: CERTIFICATION of COMPLIANCE FORMS
EXHIBIT C: CALIFORNIA LIBRARY LITERACY SERVICES
GUIDELINES
22
26
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California Library Literacy Services
2025-2026 CLLS25-17
Page 2 of 29
PROJECT SUMMARY
AWARD AGREEMENT BETWEEN THE STATE LIBRARY and Chula Vista Public Library
for the California Library Literacy Services project.
AWARD AGREEMENT NUMBER CLLS25-17
This Award Agreement (“Agreement”) is entered into on July 1, 2025, by
and between the California State Library (“State Library”) and Chula Vista Public
Library, (“Grantee”).
This Award Agreement pertains to Grantee’s State-funded California
Library Literacy Services project.
The Library Development Services Bureau (“LDS”) of the State Library
administers state and federal funds in the form of awards.
The Grantee was selected by the State Library to receive state grant funds
in the amount of $61,668 through the process adopted by the State Library in
administering such grants.
The State Library and the Grantee, for the consideration and under the
conditions hereinafter set forth in the Grant Agreement, agree as follows:
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California Library Literacy Services
2025-2026 CLLS25-17
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PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins July 1, 2025, and ends June 30, 2026. The project’s final
expenditure date is September 30, 2026. If completion of the project occurs prior to the
end of the grant period, this will be the end date of the term of this agreement. Grant
eligible program expenditures may begin no earlier than the start date. The project
period ends on June 30, 2026, and all eligible program costs must be incurred by this
date.
B. Scope of Work
1. Grantee agrees to perform all activities specifically identified in the Grantee’s
application and submitted to the State Library in response to the California
Library Literacy Services project.
2. The following activities and deliverables to be performed by the Grantee
include, but are not limited to the following:
Maintain and keep records of expenditures related to the grant that are
consistent with Generally Acceptable Accounting Practices (GAAP).
Make financial records available to the State Library upon request.
Work with the State Library staff to assure that funds are disbursed in
compliance with the purpose of the grant.
Prepare and submit required narrative and financial reports.
Procure equipment, and other supplies as needed for the project.
Issue contracts for services, personnel, and consultants as needed for the
project.
If applicable, make payments for services, including for hours worked and
travel reimbursements, to consultants and contractors.
Oversee the implementation of project activities.
C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in
performing the Scope of Work and activities specified in the Grantee’s application. The
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Grantee shall request the distribution of grant funding consistent with its proposal and
the budget worksheet that was included with the application. Under no circumstances
shall payments exceed the total grant amount identified in this Agreement.
D. Narrative and Financial Reports
1. The Grantee shall be responsible for submission of interim and final narrative and
financial reports on the progress and activities of the project, to the California
State Library, using the sample report documents provided by the California
State Library.
2. All the reports must be current, include all required sections and documents, and
must be approved by the Grant Monitor before any payment request can be
processed. Failure to comply with the specified reporting requirements may be
considered a breach of this Agreement and result in the termination of the
Agreement or rejection of the payment request and/or forfeiture by the Grantee
of claims for costs incurred that might otherwise have been eligible for grant
funding. Any problems or delays must be reported immediately to the Grant
Monitor. The financial reports shall reflect the expenditures made by the
Grantee under the Agreement and may be incorporated into the same
reporting structure as the narrative reports.
3. The reports shall be submitted by the following dates:
Reporting Period Report Due Date
July 1 - December 31 Mid-Year Report Due January 31, 2026
July 1 - June 30 Final Report Due September 30, 2026
4. Failure to submit timely reports with the appropriate documentation by the due
date may result in rejection of the payment request and/or forfeiture by the
Grantee of claims for costs incurred that might otherwise have been eligible for
grant funding.
5. The Grantee agrees to maintain records and supporting documentation
pertaining to the performance of this grant, subject to possible audit for a
minimum of five (5) years after final payment date or grant term end date,
whichever is later. Please refer to Exhibit A, Terms and Conditions for more
information.
6. In addition to the foregoing, the Grantee shall submit to the State Library such
periodic reports, updates, documents and any information as deem necessary
by the State Library to monitor compliance and/or perform program
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2025-2026 CLLS25-17
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evaluation. Any requested data or information shall be submitted in electronic
format on a form specified by the State Library.
E. Claim Form and Payment
1. The California State Library shall provide the Grantee payment as outlined in the
payment schedule only if all requirements for claiming the funds as outline in this
document have been met, and only for those activities and costs specified in
the approved award application.
2. The Grantee shall complete, sign, and submit Certification of Compliance form
Exhibit B) and the Financial Claim form (included in your award packet), to the
California State Library within 14 days of receiving this award packet. These forms
will be issued, signed, and submitted using the online signature and agreement
platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices
and policies of the local jurisdiction. If the use of DocuSign is not acceptable to
your organization, please contact your grant monitor regarding alternate
options.
3. Any of the sums appearing under the categories in the approved budget may
be adjusted with prior authorization from the California State Library Grant
Monitor. This would be to increase the allotment with the understanding that
there will be corresponding decreases in the other allotments so that the total
amount paid by the California State Library to the Grantee under this Agreement
shall not exceed the awarded amount, which shall be expended/encumbered
during the grant period.
4. If the payment amount made by the California State Library exceeds the actual
expenses incurred during the term of this Agreement, as reflected in the financial
reports to be filed by the Grantee, the Grantee shall immediately refund the
excess payment amount to the California State Library.
5. The Award payments will only be made to the Grantee. It is the Grantee’s
responsibility to pay all contractors and subcontractors for purchased goods and
services.
6. The Final Payment of 10% (if applicable) will be withheld and retained by the
California State Library until all conditions agreed upon in this Agreement,
including submission and grant monitor approval of the interim and final
narrative and financial reports, have been satisfied.
7. Prompt Payment Clause
The California State Library will make payments to the Grantee in accordance
with the Prompt Payment Clause under Government Code, section 927, et. seq.
The Grantee may typically expect payment within 45 days from the date a grant
payment request is properly submitted and approved by the Grant Monitor.
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2025-2026 CLLS25-17
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8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any
subsequent years covered under this Agreement does not appropriate
sufficient funds for the program, this Agreement shall no longer be in full force
and effect. In this event, the California State Library shall have no liability to
pay any funds whatsoever to the Grantee or to furnish any other
considerations under this Agreement and the Grantee shall not be obligated
to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for
purposes of this Program, the California State Library shall have the option to
either cancel this Agreement with no liability occurring to itself or offer an
Agreement amendment to the Grantee to reflect the reduced amount.
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EXHIBIT A: TERMS and CONDITIONS
1. Accessibility: The State is responsible for ensuring that public websites are accessible
to both the general public and state employees, including persons with
disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all
project materials generated by state funded programs must meet the California
Accessibility Standards. Additionally all project materials designed, developed, and
maintained shall be in compliance with the California Government Code, sections
7405 and 11135, and the current Web Content Accessibility Guidelines, as published
by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum
Level AA success criteria.
However, if for some reason project material is not generated to be in compliance
to meet these standards, please still submit it to the State Library. When submitting
the material make sure to note that the material is not accessible by including “NOT
ACCESSIBLE” in the file name.
The California State Library reserves the right to post project materials to its website
that are in compliance with these standards.
2. Acknowledgment: The State of California and the California State Library shall be
acknowledged in all promotional materials and publications related to the
California Library Literacy Services project.
a. Grant award recipients must ensure that the State of California receives full
credit as the source of funds and that the California State Library, likewise, is
acknowledged as the administrator.
b. Publications and information releases about the project must credit the State
of California. An appropriate statement for a publication or project press
release is:
This [publication/project] was supported in whole or in part by
funding provided by the State of California, administered by the
California State Library.”
Grantees must include the above statement in any publications, vehicle
wraps, and promotional materials, including websites. If space is limited the
State Library logo and the following shortened acknowledgement statement
is acceptable:
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2025-2026 CLLS25-17
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Funding provided by the State of California.”
c. This credit line on products of a project, such as materials, is important to
foster support from the public, and state funding sources.
d. California State Library Logo: Use of the California State Library logo, which
can be downloaded on the California State Library website, is required on
any publication, vehicle wrap, or promotional material along with the above
statement(s).
e. Photo Documentation: Digital photos are a great way to document the
happenings of your project. It is recommended that you use a photo release
form when taking photos of the public. You may use your library’s photo
release form or contact your grant monitor for the State Library’s form.
3. Agency: In the performance of this Agreement the Grantee and its agents and
employees shall act in an independent capacity and not as officers, employees
or agents of the California State Library. The Grantee is solely responsible for all
activities supported by the grant. Nothing in this Agreement creates a
partnership, agency, joint venture, employment, or any other type of relationship
between the parties. The Grantee shall not represent itself as an agent of the
California State Library for any purpose and has no authority to bind the State
Library in any manner whatsoever.
4. Amendment: No amendment or variation of the terms of this Agreement shall
be valid unless made in writing, signed by the parties, and approved as required.
No oral understanding or agreement not incorporated into this Agreement is
binding on any of the parties. This Agreement may be amended, modified or
augmented by mutual consent of the parties, subject to the requirements and
restrictions of this paragraph.
5. Applicable law: The laws of the State of California shall govern all proceedings
concerning the validity and operation of this Agreement and the performance
of the obligations imposed upon the parties hereunder. The parties hereby
waive any right to any other venue. The place where the Agreement is entered
into and place where the obligation is incurred is Sacramento County, California.
6. Assignment, Successors, and Assigns: The Grantee may not assign this
Agreement or delegate its performance to any third-party person or entity, either
in whole or in part, without the California State Library’s prior written consent. The
provisions of this Agreement shall be binding upon and inure to the benefit of the
California State Library, the Grantee, and their respective successors and assigns.
7. Audit and Records Access: The Grantee agrees that the California State Library,
the Department of General Services, the State Auditor, or their designated
representatives shall have the right to review, audit, inspect and copy any
records and supporting documentation pertaining to the performance of this
Agreement. The Grantee agrees to maintain such records for possible audit for
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a minimum of five (5) years after the final payment, or grant term end date,
whichever is later, unless a longer period of records retention is stipulated, or until
completion of any action and resolution of all issues which may arise as a result
of any litigation, dispute, or audit, whichever is later. The Grantee agrees to
allow the auditor(s) access to such records during normal business hours and to
allow interviews of any employees who might reasonably have information
related to such records. Further, the Grantee agrees to include a similar right of
the State to audit records and interview staff in any subcontract related to
performance of this Agreement.
Examples of audit documentation may include, but not limited to, competitive
bids, grant amendments, if any, relating to the budget or work plan, copies of
any agreements with contractors or subcontractors if utilized, expenditure
ledger, payroll register entries, time sheets, personnel expenditure summary form,
travel expense log, paid warrants, contracts and change orders, samples of
items and materials developed with grant funds, invoices and/or cancelled
checks.
8. Authorized Representative: Grantee and the California State Library mutually
represent that their authorized representatives have the requisite legal authority
to sign on their organization’s behalf.
9. Communication: All communications from either party, including an interim
check-in at any time during the grant term, shall be directed to the respective
grant manager or representative of the California State Library or Grantee. For
this purpose, the following contact information is provided below:
Chula Vista Public Library
Joy Whatley
389 Orange Avenue
Chula Vista, CA 91911
jwhatley@chulavistaca.gov
California State Library
Allyson Jeffredo
900 N Street
Sacramento, CA 95814
Allyson.jeffredo@library.ca.gov
916-603-6709
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10. Confidentiality: Grantee will maintain as confidential any material it
receives or produces that is marked Confidential or is inherently confidential
or is protected by privilege. Grantee agrees to alert the State Library to this
status in advance, and State Library agrees to maintain this status in
conformity with the Public Records Act.
11. Contractor and Subcontractors: Nothing contained in this Grant
Agreement or otherwise shall create any contractual relation between the
State and any contractor or subcontractors, and no contract or
subcontract shall relieve the Grantee of his or her responsibilities and
obligations hereunder. The Grantee agrees to be as fully responsible to the
State for the acts and omissions of its contractors, subcontractors,
volunteers, student interns and of persons either directly or indirectly
employed by any of them as it is for the acts and omissions of persons
directly employed by the Grantee. The Grantee’s obligation to pay its
contractors and subcontractors is an independent obligation from the
State’s obligation to make payments to the Grantee. As a result, the State
shall have no obligation to pay or to enforce the payment of any monies to
any contractor or subcontractor.
12. Copyright: Grantee owns and retains titles to any copyrights or
copyrightable material from any original works that it creates within the
scope of this Agreement in accordance with the federal Copyright Act. (17
U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary
licenses, permissions, releases or authorizations to use text, images, or other
materials owned, copyrighted, or trademarked by third parties and for
extending such licenses, permissions, releases, or authorizations to the
California State Library pursuant to this section. Also, the California State
Library may upload, post or transmit copyrighted material produced or
purchased with grant funds on a California State Library website for public
access and viewing.
13. Discharge of Grant Obligations: The Grantee's obligations under this
Agreement shall be deemed discharged only upon acceptance of the final
report by California State Library. If the Grantee is a non-profit entity, the
Grantee’s Board of Directors shall accept and certify as accurate the final
report prior to its submission to California State Library.
14. Dispute Resolution: In the event of a dispute, Grantee will discuss the
problem informally with the Grant Monitor. If unresolved, the Grantee shall
file a written “Notice of Dispute” with the State Library Grant Monitor within
ten (10) days of discovery of the problem. Within ten (10) days of receipt,
the Grant Monitor shall meet with the Grantee for purposes of resolving the
dispute. Any dispute arising under the terms of this Agreement which is not
disposed of within a reasonable period of time, the Grantee may bring it to
the attention of the State Librarian or the designated representative. The
decision of the State Librarian or designated representative shall be final.
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Unless otherwise instructed by the Grant Monitor, the Grantee shall continue
with its responsibilities under this Agreement during any dispute.
15. Drug-free Workplace: The Grantee certifies under penalty of perjury under
the laws of California, that the Grantee will comply with the requirements of
the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will
provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance is
prohibited and specifying actions to be taken against employees for
violations.
b. Establish a Drug-Free Awareness Program to inform employees about all
of the following:
1) The dangers of drug abuse in the workplace.
2) The Grantee’s policy of maintaining a drug-free workplace;
3) Any available counseling, rehabilitation and employee assistance
programs.
4) Penalties that may be imposed upon employees for drug abuse
violations.
c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Grantee’s drug-free workplace policy
statement.
2) Agrees to abide by the terms of the Grantee’s statement as a
condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of
payments under the Agreement or termination of the Agreement or both
and grantee may be ineligible for award of any future state agreements if
the California State Library determines that the grantee has made a false
certification or violated the certification by failing to carry out the
requirements as noted above.
16. Effectiveness of Agreement: This Agreement is of no force or effect until
signed by both parties.
17. Entire Agreement: This Agreement supersedes all prior agreements, oral or
written, made with respect to the subject hereof and, together with all
attachments hereto, contains the entire agreement of the parties.
18. Exclusive Agreement: This is the entire Agreement between the California
State Library and Grantee.
19. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with
Executive Order N-6-22 (the EO) regarding Economic Sanctions against
Russia and Russian entities and individuals. “Economic Sanctions” refers to
sanctions imposed by the U.S. government in response to Russia’s actions in
Ukraine, as well as any sanctions imposed under state law. The EO directs
state agencies to terminate grant agreements with, and to refrain from
entering any new grant agreements with, individuals or entities that are
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determined to be a target of Economic Sanctions. Accordingly, should the
State determine Grantee is a target of Economic Sanctions or is conducting
prohibited transactions with sanctioned individuals or entities, that shall be
grounds for termination of this agreement. The State shall provide Grantee
advance written notice of such termination, allowing Grantee at least 30
calendar days to provide a written response. Termination shall be at the sole
discretion of the State.
20. Extension: The State Librarian or designee may extend the final deadline for
good cause. The Grantee’s request for an extension of the grant period
must be made in writing and received by the California State Library at least
30 days prior to the final deadline.
21. Failure to Perform: The grant being utilized by the Grantee is to benefit the
California Library Literacy Services project. If the Grant Monitor determines
the Grantee has not complied with this Agreement, the Grantee may forfeit
the right to reimbursement of any grant funds not already paid by the
California State Library, including, but not limited to, the ten percent (10%)
withhold.
22. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from
Grantee’s payments or make FICA payments on the Grantee’s
behalf; or
b. Make Federal or State unemployment insurance contributions on
Grantee’s behalf; or
c. Withhold Federal or State income taxes from Grantee’s payments
Grantee shall pay all taxes required on payments made under this
Agreement including applicable income taxes and FICA.
23. Force Majeure: Neither the California State Library nor the Grantee, its
contractors, vendors, or subcontractors, if any, shall be responsible
hereunder for any delay, default, or nonperformance of this Agreement, to
the extent that such delay, default, or nonperformance is caused by an act
of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion,
sabotage, flood, or other contingencies unforeseen by the California State
Library or the Grantee, its contractors, vendors, or subcontractors, and
beyond the reasonable control of such party.
24. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If
grant funds are not expended, or have not been expended, in accordance
with this Agreement, the State Librarian or designee, at his or her sole
discretion, may take appropriate action under this Agreement, at law or in
equity, including requiring the Grantee to forfeit the unexpended portion of
the grant funds, including, but not limited to, the ten percent (10%)
withhold, and/or to repay to the California State Library any funds
improperly expended.
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25. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its
employees and contract personnel are eligible to participate in any
employee pension, health benefit, vacation pay, sick pay or other fringe
benefit plan of the State of California or the State Library.
26. Generally Accepted Accounting Principles: The Grantee is required to use
Generally Accepted Accounting Principles in documenting all grant
expenditures.
27. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant
progress and reviewing and approving Grant Payment Requests and other
documents delivered to the California State Library pursuant to this
Agreement. The Grant Monitor may monitor Grantee performance to
ensure Grantee expends grant funds appropriately and, in a manner,
consistent with the terms and conditions contained herein. The Grant
Monitor does not have the authority to approve any deviation from or
revision to the Terms and Conditions (Exhibit A) or the Procedures and
Requirements unless such authority is expressly stated in the Procedures and
Requirements.
28. Grantee: the government or legal entity to which a grant is awarded, and
which is accountable to the California State Library for the use of the funds
provided.
a. The grantee will make reports to the State Librarian in such form and
containing such information as may be required to ensure the proper
used of funds consistent with the grantee’s application and award
agreement. The grantee will keep such records and afford such
access as the California State Library may find necessary to assure
the correctness and verification of such reports.
29. Grantee Accountability: The Grantee is ultimately responsible and
accountable for the manner in which the grant funds are utilized and
accounted for and the way the grant is administered, even if the Grantee
has contracted with another organization, public or private, to administer or
operate its grant program. In the event an audit should determine that
grant funds are owed to the California State Library, the Grantee is
responsible for repayment of the funds to the California State Library.
30. Grantee Funds: It is mutually agreed that the Grantee is responsible for
furnishing funds beyond the grant award that may be necessary to
complete the project.
31. Independent Action: Grantee reserves the right to fulfill its obligations under
this Agreement in an independent manner, at any location and at any time
within the agreed-upon timeline. Grantee’s employees or contract
personnel shall perform all services required by this Agreement, but their
time need not be devoted solely to fulfilling obligations under this
Agreement. Grantee shall furnish all equipment and materials used to meet
its obligations and complete the Project. The State Library shall not provide
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any personnel or other resources beyond the grant award and is not
required to provide training in connection with this Agreement.
32. Indemnification: Grantee agrees to indemnify, defend and save harmless
the State of California, the California State Library and its officers,
employees, and agents, from any and all claims, losses, and liabilities
accruing or resulting to any and all contractors, subcontractors, suppliers,
laborers and any other person, firm or corporation furnishing or supplying
work services, materials, or supplies in connection with the performance of
this Agreement, and from any and all claims and losses accruing or resulting
to any person, firm or corporation who may be injured or damaged by
Grantee in the performance of this Agreement.
33. License to Use: The California State Library reserves a fully paid-up, royalty-
free, nonexclusive, sub-licensable and irrevocable license to reproduce,
publish, prepare derivative works, distribute or otherwise use, and to
authorize third parties to use, any material received or maintained by
Grantee in connection with this Agreement. This includes intellectual
property, with or without third-party rights. All such usages will be for public
library and State governmental purposes:
a. The copyright in any work developed under this grant, sub-grant, or
contract under this grant or sub-grant; and
b. Any rights of copyright to which a Grantee, sub-grantee, or a
contractor purchases ownership with grant support.
34. Limitation of Expenditure: Expenditure for all projects must conform to the
grantee’s approved budget and with applicable State laws and
regulations. The total amount paid by the California State Library to the
Grantee under this agreement shall not exceed $61,668 and shall be
expended/encumbered in the designated award period.
During the award period, the grantee may find that the awarded budget
may need to be modified. Budget changes, requests for additional funds, or
requests for reductions in award funding must be discussed with the
assigned State Library Grant Monitor and a Grant Award Modification may
be required to be submitted according to the instructions. Approval is by
the State Librarian or their designee. Adjustments should be reported on the
next financial report. Any adjustments in approved budgets must be
documented and documentation retained in project accounts.
35. Lobbying: Grantee confirms that the grant funds will not be used for the
purposes of lobbying or otherwise attempting to influence legislation, as
those purposes are defined by the U.S. Internal Revenue Code of 1986.
36. Non-Discrimination Clause: During this grant period, the Grantee and the
Grantee’s contractors, and subcontractors shall not unlawfully discriminate,
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harass, or allow harassment against any employee or applicant for
employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic
information, marital status, sex, age, sexual orientation, or military and
veteran status. Grantee shall insure that the evaluation and treatment of
contractors, employees and applicants for employment are free from such
discrimination and harassment.
Additionally, Grantee, contractors, and subcontractors, if applicable, shall
comply with the provisions of the Fair Employment and Housing Act (Gov.
Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code
Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1,
Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5),
and the regulations or standards adopted by the California State Library to
implement such article.
Grantee shall permit access by representatives of the Department of Civil
Rights and the California State Library upon reasonable notice at any time
during the normal business hours, but in no case less than 24 hours’ notice,
to such of its books, records, accounts, and all other sources of information
and its facilities as said Department or the California State Library shall
require ascertaining compliance with this clause. Grantee, and its
contractors, and subcontractors shall give written notice of their obligations
under this clause to labor organizations with which they have a collective
bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Grantee shall include the non-discrimination and compliance provisions of
this clause in all contracts and subcontracts to perform work under the
Agreement.
37. Notices: All notices and other communications in connection with this
Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail
address of the recipient known to the party giving notice. Notice is
effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a
notification will be sent to the last e-mail address of the recipient
known to the party giving notice. Notice is effective upon
transmission.
c. Grants Management System: When sent via / uploaded to the
California State Library’s Grants Management System a notification
will be sent to the last e-mail address of the recipient known to the
party giving notice. Notice is effective upon transmission.
d. Personally: When delivered personally to the recipient’s physical
address as stated in this Agreement.
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e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage
prepaid, and addressed to recipient’s address as stated in this
Agreement.
38. Order of Precedence: The performance of this Agreement shall be
conducted in accordance with the Terms and Conditions, Procedures and
Requirements, Certificate of Compliance, Project Summary, Activities
Timeline, and Budget, of this Agreement, or other combination of exhibits
specified on the Grant Agreement Coversheet attached hereto
collectively referred to as “Terms”). Grantee’s California State Library-
approved Application (Grantee’s Application) is hereby incorporated
herein by this reference. In the event of conflict or inconsistency between
the articles, exhibits, attachments, specifications or provisions that constitute
this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto
b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f. Grantee’s Application (including Budget and Activities Timeline)
g. All other attachments hereto, including any that are incorporated
by reference.
39. Payment:
a. The approved Budget, if applicable, is attached hereto and
incorporated herein by this reference and states the maximum
amount of allowable costs for each of the tasks identified in the
Project Summary and Activity Timeline included in the project
application. California State Library shall provide funding to the
Grantee for only the work and tasks specified in the Grantee’s
Application at only those costs specified in the Budget and incurred
in the term of the Agreement.
b. The Grantee shall carry out the work described in the Work Plan or in
the Grantee’s Application in accordance with the approved Budget
and shall obtain the Grant Monitor’s written approval of any changes
or modifications to the Work Plan, approved project as described in
the Grantee’s Application, or the approved Budget prior to
performing the changed work or incurring the changed cost. If the
Grantee fails to obtain such prior written approval, the State Librarian
or designee, at his or her sole discretion, may refuse to provide funds
to pay for such work or costs.
c. The Grantee shall request funds in accordance with the funding
schedule included in this agreement.
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d. Ten percent (10%) will be withheld from the Payment Request (if
applicable) and paid at the end of the grant term, when all reports
and conditions stipulated in this Agreement have been satisfactorily
completed. Failure by the grantee to satisfactorily complete all
reports and conditions stipulated in this Agreement may result in
forfeiture of any such funds withheld.
e. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited
to the amounts authorized in the California State Administrative
Manual (see Exhibit C or contact the Grant Monitor for more
information).
f. Payment will be made only to the Grantee.
g. Reimbursable expenses shall not be incurred unless and until the
grantee receives a Notice to Proceed as described in the
Procedures and Requirements.
40. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the
State of California for all proceedings concerning the validity and operation
of this Agreement and the performance of the obligations imposed upon
the parties. Native American Tribal grantees expressly waive tribal sovereign
immunity as a defense to any and all proceedings concerning the validity
and operation of this Agreement and the performance of the obligations
imposed upon the parties.
41. Personnel Costs: Any personnel expenditures to be paid for with grant funds
must be computed based on actual time spent on grant-related activities
and on the actual salary or equivalent hourly wage the employee is paid
for their regular job duties, including a proportionate share of any benefits
to which the employee is entitled.
42. Pledge: This Agreement shall not be interpreted to create any pledge or
any commitment by the State Library to make any other or further grants or
contributions to Grantee, or any other person or entity in connection with
the Project. It is mutually agreed that Grantee is responsible for furnishing
funds beyond the grant award that may be necessary to complete
outcomes or deliverables.
43. Privacy Protection: Both parties agree to protect the confidentiality of any
non-public, personal information that may be contained in materials
received or produced in connection with this Agreement, as required by
Civil Code, section 1798, et. seq.
44. Prohibited Use: The expenditure under this program shall not be used to
supplant Grantee efforts in other grant programs provided by the California
State Library.
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45. Public Records Act: Material maintained or used by the California State
Library is considered “public record” under the Public Records Act (PRA) at
Government Code, sections 6250, et. seq. This includes the Interim and Final
reports, and any other written communications between the parties.
Grantee agrees to ensure that all content contained in its written reports
are appropriate for publication. Said material, along with all other reports,
documentation and data collected during the term of the Agreement, will
be subject to disclosure unless it qualifies for exemption under the PRA in
whole or in part. Grantee agrees to alert the State Library as to a basis for
exemption, if any exists.
46. Publicity Obligations: Grantee will notify the State Library of any
promotional materials or publications resulting from the grant no later than
five (5) days in advance of distribution, whether they are print, film,
electronic, or in any other format or medium. Copies of all promotional
materials will be provided to the State Library. Grantee will acknowledge
the State Library’s support as noted above. Grantee agrees that the State
Library may include information about this grant and its outcomes in its own
annual reports, with specific reference to Grantee, and may distribute such
information to third parties.
47. Records: Communications, grant related documents, data, original
receipts, and invoices must be maintained by Grantee and shall be made
available to the State Library upon request. Grantee agrees to maintain
adequate grant program records and adequate financial records
consistent with generally accepted accounting practices, and to retain all
records for at least five (5) years after the end-of-term. The State Library
may monitor or conduct an onsite evaluation of Grantee’s operation to
ensure compliance with this Agreement, with reasonable advance notice.
48. Reduction of Waste: In the performance of this Agreement, Grantee shall
take all reasonable steps to ensure that materials purchased or utilized in
the course of the project are not wasted. Steps should include, but not be
limited to: the use of used, reusable, or recyclable products; discretion in the
amount of materials used; alternatives to disposal of materials consumed;
and the practice of other waste reduction measures where feasible and
appropriate.
49. Reimbursement Limitations: Under no circumstances shall the Grantee seek
reimbursement pursuant to this Agreement for a cost or activity that has
been or will be paid for through another funding source. The Grantee shall
not seek reimbursement for any costs used to meet cost sharing or
matching requirements of any other California State Library funded
program.
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50. Reports and Claims: It is the responsibility of the grantee make the required
reports and claims to the California State Library.
a. The grantee shall be responsible for submitting to the State Library
Narrative Reports detailing progress and activities. The reports are
due on the dates specified in the reporting schedule detailed in the
Procedures and Requirements section.
b. The grantee shall be responsible for submitting to the State Library
Financial Reports reflecting grantee expenditure activity. The reports
are due on the dates specified in the reporting schedule detailed in
the Procedures and Requirements section.
c. To obtain payment hereunder the grantee shall submit authorized
claims provided by the State Library for that purpose, on each of the
following mentioned dates for payment, and the California State
Library agrees to reimburse the Library as soon thereafter as State
fiscal procedures will permit.
d. The final 10% of the grant award (if applicable) is payable only upon
approval of all final reports and receipt of claim form. Failure to
provide timely reports is a serious breach of an award recipient’s
administrative duty under the award.
e. Payment will be provided to cover the expenditures incurred by the
grantee for the project in the following manner:
o $55,501 upon execution of the agreement and submission of
claim by the grantee organization.
o A second payment will be made after the submission and
approval of the first reports and receipt of claim form in the
amount of $6,167.
51. Self-Dealing and Arm’s Length Transactions: All expenditures for which
reimbursement pursuant to this Agreement is sought shall be the result of
arm’s-length transactions and not the result of, or motivated by, self-dealing
on the part of the Grantee or any employee or agent of the Grantee. For
purposes of this provision, “arm’s-length transactions” are those in which
both parties are on equal footing and fair market forces are at play, such as
when multiple vendors are invited to compete for an entity’s business and
the entity chooses the lowest of the resulting bids. “Self-dealing” is involved
where an individual or entity is obligated to act as a trustee or fiduciary, as
when handling public funds, and chooses to act in a manner that will
benefit the individual or entity, directly or indirectly, to the detriment of, and
in conflict with, the public purpose for which all grant monies are to be
expended.
52. Severability: If any part of this Agreement is found to be unlawful or
unenforceable, such provisions will be voided and severed from this
Agreement, but the remainder of the provisions in the Agreement will
remain in full force and effect.
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53. Site Visits: The Grantee shall allow the California State Library to access and
conduct site visits, with reasonable notice, at which grant funds are
expended and related work being performed at any time during the
performance of the work and for up to ninety (90) days after completion of
the work, or until all issues related to the grant project have been resolved.
A site visit may include, but not be limited to, monitoring the use of grant
funds, provide technical assistance when needed, and to visit the State
funded project.
54. Termination: The Agreement shall be subject to termination by the State
Librarian or designee upon notice to the Grantee at least thirty (30) days
prior to the effective date of termination. In the event this agreement is
terminated, the Grantee shall deliver to the State Librarian copies of all
reports, accounting, data, and materials prepared up to the date of
termination. The State Librarian shall determine and pay the Grantee for
necessary and appropriate expenditures and obligations up to the date of
termination which have not been covered by prior installments previously
paid to the Grantee. Upon such termination, the unused portion of the
grant award must be returned to the California State Library within 45 days.
If funding has been advanced to the Grantee, any unobligated balances,
as determined by the State Librarian, shall be returned to the State Library
within 45 days of the notice of termination.
55. Timeline: Time is of the essence to this Agreement. It is mutually agreed
between the parties that the grant application and the timeline included
therein are part of the Agreement.
56. Unused Funds: At the end-of-term Grantee agrees to return any
unexpended or unaccounted for funds to the State Library, or to submit a
written request for an extension of the grant period. Funds will be
considered unexpended or unaccounted if they were: (1) not used for their
intended purpose, or (2) used inconsistent with the terms of this Agreement.
Funds will also be considered unaccounted for, and must be returned, if the
proposal outcomes or deliverables are materially incomplete by the end-of-
term or earlier termination, as determined by the State Library in its sole
discretion.
57. Waiver of Rights: California State Library shall not be deemed to have
waived any rights under this Agreement unless such waiver is given in writing
and signed by California State Library. No delay or omission on the part of
California State Library in exercising any rights shall operate as a waiver of
such right or any other right. A waiver by California State Library of a
provision of this Agreement shall not prejudice or constitute a waiver of
California State Library’s right otherwise to demand strict compliance with
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that provision or any other provision of this Agreement. No prior waiver by
California State Library, nor any course of dealing between California State
Library and Grantee, shall constitute a waiver of any of California State
Library’s rights or of any of grantee’s obligations as to any future
transactions. Whenever the consent of California State Library is required
under this Agreement, the granting of such consent by California State
Library in any instance shall not constitute continuing consent to subsequent
instances where such consent is required and in all cases such consent may
be granted or withheld in the sole discretion of California State Library.
58. Work Products: Grantee shall provide California State Library with copies of
all final products identified in the Work Plan and Application. Grantee shall
also provide the State Library with copies of all public education and
advertising material produced pursuant to this Agreement.
59. Worker’s Compensation: The State of California will not provide Workers’
Compensation insurance for Grantee or Grantee’s employees or contract
personnel. If Grantee hires employees to perform services required by this
Agreement, Grantee shall provide Workers’ Compensation insurance for
them. The Grantee is aware of Labor Code Section 3700, which requires
every employer to be insured against liability for Workers’ Compensation or
to undertake self-insurance in accordance with the Labor Code, and the
Grantee agrees to comply with such provisions before commencing the
performance of the work of this Agreement.
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California Library Literacy Services
2025-2026 CLLS25-17
Page 22 of 29
EXHIBIT B: CERTIFICATION of COMPLIANCE FORM
1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative
named below is the legally designated representative of the Grantee for
this Grant Agreement and project and is authorized to receive and expend
funds in order to administer this grant program.
2. I certify that all information provided to the California State Library for review
in association with this award is correct and complete to the best of my
knowledge, and as the authorized representative of the Grantee, I commit
to the conditions of this award, and I have the legal authority to do so.
3. I certify that any or all other participants or contractors in the grant program
have agreed to the terms of the application/grant award and have
entered into an agreement(s) concerning the final disposition of equipment,
facilities, and materials purchased for this program from the funds awarded
for the activities and services described in the attached, as approved
and/or as amended in the application by the California State Librarian.
4. The authorized representative, on behalf of the Grantee, certifies that the
Grantee will comply with all applicable requirements of State and Federal
laws, regulations, and policies governing this program, to include the
requirements listed below in this Certification of Compliance Form.
5. The authorized representative, on behalf of the Grantee, hereby certifies to
the California State Library, for an award of funds in the amount $61,668. This
award will provide library services as set forth in the Project Application as
approved and/or as amended by the California State Librarian.
6. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with
the non-discrimination program requirements. (Gov. Code §12990 (a-f) and
CCR, Title 2, Section 11102).
7. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the
requirements of the Drug-Free Workplace Act of 1990 and will provide a
drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance is
prohibited and specifying actions to be taken against employees for
violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
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Chula Vista Public Library
California Library Literacy Services
2025-2026 CLLS25-17
Page 23 of 29
2) the person's or organization's policy of maintaining a drug-free
workplace;
3) any available counseling, rehabilitation and employee assistance
programs; and,
4) penalties that may be imposed upon employees for drug abuse
violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy
statement; and,
2) agree to abide by the terms of the company's statement as a
condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of
payments under the Agreement or termination of the Agreement or both
and Grantee may be ineligible for award of any future State agreements if
the department determines that any of the following has occurred: the
Grantee has made false certification or violated the certification by failing
to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.)
8. CONFLICT OF INTEREST: Grantee needs to be aware of the following
provisions regarding current or former state employees. If Grantee has any
questions on the status of any person rendering services or involved with the
Agreement, the California State Library must be contacted immediately for
clarification.
Current State Employees (Pub. Contract Code § 10410):
a. No officer or employee shall engage in any employment, activity or
enterprise from which the officer or employee receives
compensation or has a financial interest, and which is sponsored or
funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment.
b. No officer or employee shall contract on his or her own behalf as an
independent contractor with any state agency to provide goods or
services.
Former State Employees (Pub. Contract Code § 10411):
a. For the two-year period from the date he or she left state
employment, no former state officer or employee may enter into a
contract in which he or she engaged in any of the negotiations,
transactions, planning, arrangements or any part of the decision-
making process relevant to the contract while employed in any
capacity by any state agency.
b. For the twelve-month period from the date he or she left state
employment, no former state officer or employee may enter into a
contract with any state agency if he or she was employed by that
state agency in a policy-making position in the same general subject
area as the proposed contract within the 12-month period prior to his
or her leaving state service.
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California Library Literacy Services
2025-2026 CLLS25-17
Page 24 of 29
If Grantee violates any provisions of above paragraphs, such action by
Grantee shall render this Agreement void. (Pub. Contract Code § 10420).
Members of boards and commissions are exempt from this section if they do
not receive payment other than payment of each meeting of the board or
commission, payment for preparatory time and payment for per diem. (Pub.
Contract Code § 10430 (e)).
9. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of
the provisions which require every employer to be insured against liability for
Worker's Compensation or to undertake self-insurance in accordance with
the provisions, and Grantee affirms to comply with such provisions before
commencing the performance of the work of this Agreement. (Labor Code
3700).
10. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it
complies with the Americans with Disabilities Act (ADA) of 1990, which
prohibits discrimination on the basis of disability, as well as all applicable
regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et.
seq.)
11. RESOLUTION: For awards totaling $350,000 or more, a county, city, district, or
other local public body must provide the State with a copy of a resolution,
order, motion, or ordinance of the local governing body which by law has
authority to enter into an agreement, authorizing execution of the
agreement.
12. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
Grantees that are not another state agency or other governmental entity.
13. DRUG FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the
requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free
Workplace (Financial Assistance)). In particular, the recipient must
comply with drug- free workplace requirements in subpart B of 2
C.F.R. part 3186, which adopts the Government-wide
implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug-
Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C.
701-707).
b. This includes but is not limited to: making a good faith effort, on a
continuing basis, to maintain a drug-free workplace; publishing a
drug-free workplace statement; establishing a drug-free awareness
program for the employees; taking actions concerning employees
who are convicted of violating drug statutes in the workplace.
14. ACCESSIBILITY: The organization receiving this award, as listed in the
certification section below, and all program staff, will ensure all project
materials will meet California accessibility standards.
15. NON-DISCRIMINATION: The organization receiving this award, as listed in the
certification section below, and all program staff, agree to comply with all
California non-discrimination laws.
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City of Chula Vista - City Council
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Chula Vista Public Library
California Library Literacy Services
2025-2026 CLLS25-17
Page 25 of 29
16. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the
certification section below, and all program staff, agree to comply with
California State Library acknowledgement requirements.
Docusign Envelope ID: EFB69C96-57E7-4A22-B8C5-4F47676CA59E
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City of Chula Vista - City Council
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Chula Vista Public Library
California Library Literacy Services
2025-2026 CLLS25-17
Page 26 of 29
EXHIBIT C: CALIFORNIA LIBRARY LITERACY SERVICES
GUIDELINES
1. California Library Literacy Services programs shall comply with the
requirements in Sections 18880-18883 of the California Education Code.
2. California Library Literacy Services programs shall train and recruit volunteers
to serve as tutors. Volunteer tutors are the primary instructors for the
program.
3. California Library Literacy Services programs shall seek local government
and community resources and develop cooperative relations with other
local literacy services providers.
4. California Library Literacy Services programs will provide a base level of
local and private fiscal support to be established by the California State
Library.
5. In response to an expressed and recognized need from the field for specific
program requirements, the California State Library and related stakeholders
created a framework and program essentials. The framework and essentials
describe what constitutes an effective program:
a. California Library Literacy Services programs must use the Roles and
Goals framework to implement and evaluate their literacy services.
b. California Library Literacy Services programs’ staff must attend their
regional Library Literacy Network Meetings.
c. Tutor training for volunteers should include, at a minimum, a program
orientation, tutoring basics, and instruction on learner-driven services.
d. California Library Literacy Services programs must align with the
following program values:
i. California Library Literacy Services is library based;
ii. California Library Literacy Services is a core library service;
iii. California Library Literacy Services is learner-driven;
iv. California Library Literacy Services is community-focused;
v. California Library Literacy Services is volunteer-supported;
vi. California Library Literacy Services staff is professionally
engaged; and
vii. California Library Literacy Services supports families.
6. California Library Literacy Services Family Literacy programs (if applicable)
shall provide services to prevent illiteracy through coordinated literacy and
preliteracy services to families. Recruitment of parents not previously
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hula Vista Public Library
California Library Literacy Services
2025-2026 CLLS25-17
Page 27 of 29
included in public library literacy programs is a high priority. Family Literacy
programs are implemented and evaluated using the Family Literacy
Evaluation Framework.
Certification
ORGANIZATION
Name: Address (official and complete):
PROJECT COORDINATOR
Name:
Email: Phone:
GRANTTEE AUTHORIZED REPRESENTATIVE
Name: Title:
Email: Phone:
Signature: Date:
Docusign Envelope ID: EFB69C96-57E7-4A22-B8C5-4F47676CA59E
Library Director
619-691-5170
365 F Street
Chula Vista, CA 91910
Diana Ysla
10/1/2025
jwhatley@chulavistaca.gov
Chula Vista Public Library
619-691-5288
Joy Whatley
dysla@chulavistaca.gov
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hula Vista Public Library
California Library Literacy Services
2025-2026 CLLS25-17
Page 28 of 29
Authorized Representative Signature
ORGANIZATION
Name: Address (official and complete):
AUTHORIZED REPRESENTATIVE
Signature: Date:
Printed Name of Person Signing: Title:
STATE OF CALIFORNIA
Agency Name: California State Library Address: 900 N Street, Sacramento, CA 95814
Signature: Date:
Printed Name of Person Signing: Title: California State Librarian
Docusign Envelope ID: EFB69C96-57E7-4A22-B8C5-4F47676CA59E
10/1/2025
Greg Lucas
Library Director
Chula Vista Public Library 365 F Street
Chula Vista, CA 91910
10/1/2025
Joy Whatley
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Chula Vista Public Library
California Library Literacy Services
2025-2026 CLLS25-17
Page 29 of 29
15 September 2025
RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in
Response to Russia’s Actions in Ukraine
Dear Grantee,
You are receiving this notification because you currently have an active grant through the
California State Library.
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO)
regarding sanctions in response to Russian aggression in Ukraine. The EO is located at
https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-
Order.pdf.
The EO directs all agencies and departments that are subject to the Governor’s authority
to take certain immediate steps, including notifying all contractors and grantees of their
obligations to comply with existing economic sanctions imposed by the U.S. government in
response to Russia's actions in Ukraine, as well as any sanctions imposed under state
law.
This correspondence serves as a notice under the EO that as a contractor or grantee,
compliance with the economic sanctions imposed in response to Russia’s actions in
Ukraine is required, including with respect to, but not limited to, the federal executive
orders identified in the EO and the sanctions identified on the U.S. Department of the
Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-
programs-and-country-information/ukraine-russia-related-sanctions). Failure to comply
may result in the termination of contracts or grants, as applicable.
Please note that for any agreements or grants valued at $5 million or more, a separate
notification will be sent outlining additional requirements specified under the EO.
Annly Roman
California State Library
900 N Street
Sacramento, CA 95814
Docusign Envelope ID: EFB69C96-57E7-4A22-B8C5-4F47676CA59E
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City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
CA LIBRARY LITERACY AND ENGLISH ACQUISITION SERVICES
FINANCIAL CLAIM
1st PAYMENT
CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein;
that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and
that payment has not previously been received for the amount claimed herein.
By
Signature of the Authorized Representative)
Print Name) (Title)
Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee
discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address,
please contact Fiscal Services at stategrants.fiscal@library.ca.gov.
State of California, State Library Fiscal Office
ENY: 2025 ITEM NO: 6120-213-0001, Chapter 4, Statutes of 2025
PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000
COA: 5432000 PROGRAM #: 5312
FAIN: LS or N/A
By Date
State Library Representative)
Grant Award #: CLLS-25-17 Date:
Invoice #: CLLS-25-17-01 PO #: 8253
Payee Name: Chula Vista Public Library
Legal name of authorized agency to receive, disburse and account for funds*)
Complete Address:
Street Address, City, State, Zip Code (Warrant will be mailed to this address)
Amount Claimed: $55,501 Type of Payment:
Payable Upon Execution of Agreement) PROGRESS
Grantee Name: Chula Vista Public Library FINAL
Name on Award Letter and Agreement) IN FULL
Project Title: California Library Literacy Services AUGMENT
For Period From: upon execution to end of grant period
Docusign Envelope ID: EFB69C96-57E7-4A22-B8C5-4F47676CA59E
10/1/2025
Joy Whatley
365 F Street Chula Vista, CA 91910
Library Director
10/2/2025
Page 70 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
STATE OF CALIFORNIA – DEPARTMENT OF FINANCE
PAYEE DATA RECORD
Required when receiving payment from the State of California in lieu of IRS W-9 or W-7)
STD 204 (Rev. 03/2021)
Section 1 – Payee Information
NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return)
BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME
MAILING ADDRESS
CITY, STATE, ZIP CODE E-MAIL ADDRESS
See instructions on page 2)
see instructions on page 2)
MEDICAL (e.g., dentistry, chiropractic, etc.) SINGLE MEMBER LLC Disregarded Entity owned by an individual
PARTNERSHIP
ESTATE OR TRUST
LEGAL (e.g., attorney services)
EXEMPT (e.g., nonprofit)
ALL OTHERS
Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must
match the name given in Section 1 of this form. Do not provide more than one (1) TIN.
The TIN is a 9-digit number. Note: Payment will not be processed without a TIN.
For Individuals, enter SSN.
If you are a Resident Alien, and you do not have and are not eligible to get an
SSN, enter your ITIN.
not have a separate FEIN. Those trusts must enter the individual grantor’s SSN.
For Sole Proprietor or Single Member LLC (disregarded entity), in which the
sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB
prefers SSN).
For Single Member LLC (disregarded entity), in which the sole member is a
business entity, enter the owner entity’s FEIN. Do not use the disregarded
entity’s FEIN.
For all other entities including LLC that is taxed as a corporation or partnership,
estates/trusts (with FEINs), enter the entity’s FEIN.
Social Security Number (SSN) or
Individual Tax Identification Number (ITIN)
OR
Federal Employer Identification Number
FEIN)
See instructions)
CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California.
CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding.
No services performed in California
Copy of Franchise Tax Board waiver of state withholding is attached.
Section 5 – Certification
I hereby certify under penalty of perjury that the information provided on this document is true and correct.
Should my residency status change, I will promptly notify the state agency below.
NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITLE E-MAIL ADDRESS
SIGNATURE DATE TELEPHONE (include area code)
Section 6 – Paying State Agency
Please return completed form to:
STATE AGENCY/DEPARTMENT OFFICE UNIT/SECTION
MAILING ADDRESS FAX TELEPHONE (include area code)
CITY STATE ZIP CODE E-MAIL ADDRESS
Print Form ResetFormDocusignEnvelopeID: EFB69C96-57E7-4A22-B8C5-4F47676CA59E
accounting@library.ca.govSacramento
916-603-7157
95814
Ca. State Library Admin/Accounting
900 N Street
CA Page 71 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
STATE OF CALIFORNIA – DEPARTMENT OF FINANCE
PAYEE DATA RECORD
Required when receiving payment from the State of California in lieu of IRS W-9 or W-7)
STD 204 (Rev. 03/2021)
GENERAL INSTRUCTIONS
Type or print the information on the Payee Data Record, STD 204 form.
Prompt return of this fully completed form will prevent delays when processing payments.
Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099).
NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts.
A completed Payee Data Record, STD 204 form, is required for all payees (non-gov
payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from
multiple state agencies with which you do business.
Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required
payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099)
Section 1 – Payee Information
Name
applicable).
Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return.
Single Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the
individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name.
Note: for the State of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level.
Partnerships, Estates/Trusts, or Corporations –
to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name.
Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name.
Mailing Address – The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement
Section 2 – Entity Type
If the Payee in Section 1 is a(n)… THEN Select the Box for…
Individual Sole Proprietorship
Section 3 – Tax Identification Number
Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax com
Section 4 – Payee Residency Status
Are you a California resident or nonresident?
A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the
California.
A partnership is considered a resident partnership if it has a permanent place of business in California.
An estate is a resident if the decedent was a California resident at time of death.
A trust is a resident if at least one trustee is a California resident.
o For individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and
any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose
that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short
duration will be considered a nonresident.
For information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:
Withholding Services and Compliance Section: 1-888-792-4900 E-mail address: wscs.gen@ftb.ca.gov
For hearing impaired with TDD, call: 1-800-822-6268 Website: www.ftb.ca.gov
Section 5 – Certification
Provide the name, title, email address, signature, and telephone number of
provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signe
Section 6 – Paying State Agency
Privacy Statement
Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to
disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority
such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the
requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the
right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the
accounts payable unit of the state agency(ies) with which you transact that business.
All questions should be referred to the requesting state agency listed on the bottom front of this form.
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v . 0 0 5 P a g e | 1
December 16, 2025
ITEM TITLE
Employee Benefits: Adopt the 2026 Cafeteria Benefits Plan Reflecting Health Insurance and Voluntary
Insurance Benefits for Eligible City Employees
Report Number: 25-0300
Location: No specific geographic location
Department: Human Resources
G.C. § 84308 Regulations Apply: No
Environmental Notice: The proposed action 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.
Recommended Action
Adopt resolution for 2026 Cafeteria Benefits Plan
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. Staff is requesting Council’s approval to adopt the 2026 Cafeteria Benefits
Plan document by resolution to fulfill the City’s obligation for the 2026 plan year.
ENVIRONMENTAL REVIEW
The proposed action was reviewed for compliance with the California Environmental Quality Act (CEQA),
and it was 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.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
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P a g e | 2
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 next plan year is January 1, 2026. This Cafeteria Plan Document is a
written plan that describes how the City offers eligible employees certain benefits on a pretax basis (such as
health insurance) while having the option to choose among at least one taxable benefit (such as cash). Having
an approved written plan is critical under cafeteria plan regulations. Without a written Plan or if the written
Plan does not comply with applicable requirements regarding content and timing of adoption, the Plan is not
a Section 125 Cafeteria Plan and employees’ benefit elections will be taxable. The City timed its open
enrollment period in 2025 to comply with these regulations and to meet provider cutoff deadlines for
enrollment which will ensure employees have benefits coverage without interruption. The City’s Plan
includes the following required information and incorporates all of the operating rules prescribed in Code
§125 and the regulations thereunder.
Description of available benefits
Participation rules
Benefit election procedures
Plan Year
Manner of contributions
Maximum amount of contributions
Plan provisions for complying with flexible spending accounts (FSAs)
Specific health plans offered and their structure are not part of this Cafeteria Plan Document and instead are
defined in what is known as the Summary of Benefits and Coverage (SBC). Employees are provided the SBCs
as part of open enrollment materials to assist them in making their benefits elections. The determination of
the health plans available and their structure are based on an annual review after our broker, Marsh and
McLennan Agency LLC, extensively markets with benefit plan providers for 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.
Cafeteria Benefits Flex Allotments for unrepresented employees and elected officials are included in both the
Cafeteria Plan Document and the Compensation Summary. Adoption of the Resolution will adopt the 2026
Cafeteria Benefits Plan document to fulfill the City’s obligation for the 2026 plan year (Attachments 1-4).
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the City Council members do not create 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.
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P a g e | 3
CURRENT-YEAR FISCAL IMPACT
The adoption of this plan is not anticipated to result in an additional fiscal impact as increases based on the
preliminary information provided by the City's insurance broker were included in the fiscal year 2025-26
budget.
ONGOING FISCAL IMPACT
Flex Allotments are negotiated with the City’s bargaining groups. Unrepresente d 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 increases 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. As a
result of the negotiated premium changes for the 2026 Benefits Plan Year, the 2026 Flex Allotments are
increasing by an annual amount of $1,584. This increase will not impact Flex Allotments for employees who
waive medical insurance or elect Employee Only medical coverage since those amounts are capped at
amounts specified in the Compensation Summary or Memorandum of Understanding.
The tables below illustrate the Cafeteria Flex Allotments for the 2026 Plan Year. The impact to future budgets
and the ten-year General Fund Long-Term Financial Plan will depend on the outcome of negotiations with
the City’s bargaining groups and the changes in medical insurance premiums.
2026 Flex Allotments (Non-Safety Employees)
Group/Bargaining Unit
Employees Who Cover
Dependents on Medical
Insurance
Employees Who Waive
or Elect Employee Only
Medical Insurance
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ATTACHMENTS
1. 2026 City of Chula Vista Cafeteria Benefits Plan Document
2. 2026 Health Care & Dependent/Child Care Flexible Spending Accounts
3. Hartford Voluntary Insurance Plan
4. Employee Assistance Program (EAP)
Staff Contact: Tanya Tomlinson, Director of Human Resources/Risk Management
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RESOLUTION NO. 2025-__________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE CITY OF CHULA VISTA
CAFETERIA BENEFITS PLAN FOR 2026
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 Pla n;
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, 2026; 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 t hem in making their
benefit choices; and
WHEREAS, the plans offered and their structure are determined after our broker, Marsh and
McLennan Agency LLC, 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 the 2026 plan year to comply
with these regulations and to meet provider cutoff deadlines for enrollment to ensure employees are
covered without interruption; and
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Resolution No. 2025-__________
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 by the City Council of the City of Chula Vista,
that it hereby adopts the City of Chula Vista Cafeteria Benefits Plan for 2026.
Presented by Approved as to form by
Tanya Tomlinson Marco A. Verdugo
Director of Human Resources/ City Attorney
Risk Management
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CAFETERIA BENEFITS PLAN
FOR
THE CITY OF CHULA VISTA
Amended and Restated as of January 1, 2026
Established June 1998
Human Resources Department
City of Chula Vista
ATTACHMENT 1
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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, 2026
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) Benefits-Eligible (Permanent)
Employees: Directly employed by the
City of Chula Vista in a full- or part-time
benefited status. Part- time benefits-
eligible 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
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week during the Standard Measurement
Period. Eligibility is determined annually.
Length of Service: (1) Benefits-Eligible (Permanent) 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, 2026, and end on December 31, 2026.
E. EMPLOYER CONTRIBUTIONS
Non-Elective Contributions:
(Benefits-Eligible (Permanent)
Employees, except members of
POA and IAFF bargaining groups)
Non-Elective Contributions
(POA and IAFF members):
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) are outlined per the MOU
or Unrepresented Compensation Summary
with non-elective contributions will be:
ACE $19,664
CONF $20,164
EXEC, CMGR, CCLK $22,940
Elected Officials $22,940
MM, PROF $21,284
MMCF,MMUC,PRCF,PRUC $21,284
Non-Safety IAFF $19,664
SM $21,540
WCE $20,540
Employees represented by POA: The
employer pays the full cost of the Kaiser
Permanente Plan for employees and their
dependents. Employees enrolled in any
non-Kaiser plan are responsible for paying
any amount greater than the cost of the
Kaiser plan.
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Non-Elective Contributions
(Eligible Hourly Employees):
Elective Contributions (Salary
Reduction):
Employees represented by IAFF: The
employer pays the full cost of the Kaiser
Permanente Plan for employees and their
dependents. Employees enrolled in the
lowest cost, non-Kaiser, limited network
HMO/limited network alternative plan will pay
$50 per month and the City will pay the
balance of the premium. The $50 per month
premium will be waived if the cost of the
lowest cost non-Kaiser HMO or ACO is less
than or equal to the Kaiser premium.
Employees enrolled in the non-Kaiser Full
HMO plan will pay $250 per month and the
City will pay the balance of the premium.
Employees enrolled in the PPO shall
receive the value equal to that of
employees enrolled in the non-Kaiser Full
HMO plan and employees will be
responsible for the balance.
Employees represented by POA and IAFF:
For dental coverage, the employer will pay
an amount equal to the HMO dental
premium for the coverage level elected.
The annual maximum amount available for
each employee for the purchase of group
“Employee Only” medical insurance
coverage is based on an Affordability Test
under the Affordable Care Act. Other plan
components of this Section 125 are not
available.
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 Munis
Employee Self-Service (ESS).
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F. AVAILABLE BENEFITS
Each of the following components should be considered a plan that comprises this
Plan.
1. Group Medical Insurance
Mandatory for all Benefits-
Eligible (Permanent) Employees
in the POA and IAFF
classifications. Benefits-Eligible
(Permanent) 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 Group
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 Benefits-
Eligible Employees.
Group dental insurance
is not available to Eligible
Hourly Employees.
3. Group Vision Insurance
Optional for all Benefits-
Eligible Employees.
Group vision 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).
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).
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4. Health Care Flexible Spending
Account
Optional for all Benefits-Eligible
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: $3,400 from all
sources per Plan Year.
Recordkeeper: HealthEquity
5. Dependent Care Flexible
Spending Account
Optional for all Benefits-Eligible
(Permanent) 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: $7,500 per plan
year from all sources ($3,750 per plan
year from all sources for a married
employee filing separate tax returns)
Recordkeeper: HealthEquity
6. Cash Payment Option
Optional for Benefits-Eligible
(Permanent) Employees
Cash Payment Option is not
available to Eligible Hourly
Employees.
7. The following benefits are only
available through Elective
Contributions (Salary
Reduction) for eligible Benefits-
Eligible Employees:
Hartford plans are not
available to Eligible Hourly
Employees
Eligible Flex Plan Allotment remaining
after electing mandatory medical
coverage may be allotted to this taxable
option. Eligibility and limits for the cash
option is based on the employee’s
Compensation Summary or
Memorandum of Understanding (MOU).
Hartford Group Critical Illness
Hartford Group Hospital Indemnity Plan
Hartford Group Accident Plan
The terms condition and limitations for the
Hartford programs will be as set forth in
Section VIII of the Plan Document.
Administered by: The Hartford
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8. Employee Assistance Program This free and confidential service is
available to benefits-eligible
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: Health and Human
Resource Center, Inc. (dba Aetna
Resources for Living)
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 on the 16thth Day of December 2025.
By: JOHN MCCANN
Title: City Mayor
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SECTION 125 CAFETERIA BENEFITS PLAN
SECTION 1
PURPOSE
The Employer is establishing this Cafeteria Benefits Plan in order to make a broad
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).
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“Benefits” or “Qualified Benefits” means the following benefits available under
the Flex Plan:
(a) Group Medical Insurance
(b) Group Dental Insurance
(c) Group Vision Insurance
(d) Health Care Flexible Spending Account
(e) Dependent Care Flexible Spending Account
(f) Cash Payment Option (Post-Tax)
(g) Health Premiums for Non-Tax Qualified Dependents (Post-
Tax)
(h) Certain Hartford 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.
“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 7.02 of the Plan Attached hereto as Exhibit A.
“Effective Date” of this Flex Plan was June 1998.
“Eligible Employee” means any active, full- or part-time employee of the City of
Chula Vista employed in a benefits-eligible (permanent) status.
“Eligible Hourly Employee ” means full-time hourly employee as defined by the
Affordable Care Act.
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“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 to 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, the 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 the 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 employment or as provided in the employee’s MOU,
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 31.
“Health Care Flexible Spending Account” shall have the meaning assigned to it by
Section 6.01 of the Plan attached hereto as Exhibit A.
“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.
“HIPAA” Means the Health Insurance Portability and Accountability Act of 1996 as
amended.
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“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, TriCare, 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
Life Partners who are not otherwise tax qualified dependents). Long Term Care is not
a “Qualified Benefit.”
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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, whichever
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 Munis ESS, 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 employees, all new hire Benefits-Eligible (Permanent)
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 employees will be automatically enrolled in the Kaiser
“Employee Only” plan.
During Open Enrollment, employees who do not complete enrollment within the
Open Enrollment period will automatically be enrolled in the City’s least costly
medical plan with Employee Only coverage and life insurance automatically
continued into the next Plan year as if the Employee elected to keep it. All other
coverage, including Health Care and Dependent Care Flexible Spending
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Accounts will stop. Eligible non-IAFF and non-POA employees may have
eligible Flex Plan Allotment funds remaining after the health coverage election
placed in the taxable Cash Payment Option as provided in the employee’s
Compensation Summary or Memorandum of Understanding (MOU).
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.
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 of absence 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
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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.
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, ineligibility based on reaching the dependent status age
limit, 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
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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
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) Residency change of Employee, spouse or Dependent, affecting the
Employee’s eligibility for coverage as specified in the insurance policy.
(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
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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
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. If 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.
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(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
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 eligible 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 and as specified in the Participant’s MOU or
Compensation Summary.
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 may 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.
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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
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.
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.
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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
HARTFORD 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,
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 arisen under the Plan.
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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
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.
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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.
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
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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 with 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 of 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
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,
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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.
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ATTACHMENT 2
HEALTH CARE &
DEPENDENT/CHILD CARE
FLEXIBLE SPENDING ACCOUNTS
PLAN DOCUMENT
Amended and Restated as of January 1, 2026
Human Resources Department
City of Chula Vista
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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. Medical E ..............................................................................11
Q-12. When must the expenses be incurred in order to receive reimbursement? ........................... 12
Q-13. What if the Medical 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.
Q-15.
Q-16.
Q-17.
Q-18.
What happens if a Claim for Benefits under the Health Care Spending Account is
denied? ................................................................................................................................. 13
What happens to unclaimed Health Care Spending Account Reimbursements? .................. 14
What is continuation coverage? ........................................................................................... 14
Will my health information be kept confidential? ................................................................ 16
How long will the Health Care Spending Account remain in effect? ................................... 16
DEPENDENT CARE SPENDING ACCOUNT COMPONENT SUMMARY .................................... 18
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Q-1. Who can participate in the Dependent Care Spending Account? ......................................... 18
Q-2. How do I become a Participant? ........................................................................................... 18
Q-3. Spending .............................................................................. 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. - 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. -
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 ..................................................... 27
D. Dependent Care Spending Account Component Information .............................................. 30
APPENDIX I CLAIMS REVIEW PROCEDURE .............................................................................. 31
APPENDIX II TAX ADVANTAGES EXAMPLE .............................................................................. 32
APPENDIX III ELECTION CHANGE CHART ............................................................................... 33
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CITY OF CHULA VISTA
FLEXIBLE BENEFITS PLAN
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
Contributions.
ii.
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
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).
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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
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
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
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).
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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.
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Q-6. What are the election periods for entering the Cafeteria Plan?
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
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 Benefits.” 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?
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
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.
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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 of Status 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
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is subject to the sole discretion of the Employer and it may be adjusted upward or downward in the
-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
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
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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.
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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
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,
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 qualified. Upon request to the
oes not
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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
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.
Be
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
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.
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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.
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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
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-
Dependents that satisfies the following conditions:
a. Th 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.
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-
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.
not reimbursable under any Health Care Spending Account (per Treasury regulations):
a. Health insurance premiums;
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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.healthequity.com/qme.
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
pay for an expense before you are provided the service or treatment, the e 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, 2026, the Grace
Period begins January 1, 2027 and ends March 15, 2027.
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.
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For example, assume that $200 remains in the HCSA sub-account at the end of the 2026 Plan Year
and further assume that you have elected to allocate $2,400 to the HCSA for the 2027 Plan Year.
If you submit for reimbursement an Eligible Medical Expense of $500 that was incurred on
March 15, 2027, $200 of your claim will be paid out of the unused amounts remaining in the HCSA
from the 2026 Plan Year and the remaining $300 will be paid out of amounts allocated to your
HCSA for 2027.
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 is 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.
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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
otherwise end. These rules apply to this HCSA, unless the Employer sponsoring the HCSA is not subject
- 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
employment or reduction in hours
of employment
X
X
X
2. Divorce or Legal Separation X
3. Child ceasing to be an eligible
Dependent
X
4. Death of the covered Employee X X
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.
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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-
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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?
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.
as the HCSA and the
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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).
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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 DCSAon
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
d you want to
participate during the next Plan Year, you may be required to make an election during the Annual Election
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-
If you elect t
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 Empl
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
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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 percalendar
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).
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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. - a
reimbursement?
You may be reimbursed for work-r -Related
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.
Individual is:
(i) An individual age 12 or under who is a "qualifying child" of the Employee as definedin
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
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.
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f.
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.
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
request payment directly to your
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 Claim Form. You may obtain a Claim Form at
www.healthequity.com. Simply enter your username 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 -
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.
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.
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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.
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, 2026, the Grace
Period begins January 1, 2026 and ends March 15, 2027.
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 2026 Plan Year
and further assume that you have elected to allocate $2,400 to the DCSA for the 2027 Plan Year.
If you submit for reimbursement an Eligible Employment Related Expense of $500 that was
incurred on the March 15, 2027, $200 of your claim will be paid out of the unused amounts
remaining in the DCSA from the 2026 Plan Year and the remaining $300 will be paid out
of amounts allocated to your DCSA for 2027.
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.
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Q- -
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 ano
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
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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.
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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
619-691-5096
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
619-691-5096
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, 2026
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: N/A
11. Third Party Administrator: HealthEquity/
WageWorks, Inc.
1100 Park Place
4th Floor
San Mateo, CA 94403
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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 first day of their
benefits 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):
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, Dental, and Vision - 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
(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
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
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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
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 their benefit eligibility date as defined in the employee’s
Compensation Summary or MOU.
(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 $3,400.
Effective January 1, 2026, the maximum annual HCSA reimbursement may not exceed the lesser
of the HCSA reimbursement amount elected for that year or $3,400. (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 the 1st 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 the last day of the
current month of 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
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Year for which Eligible Medical Expenses can continue to be incurred should a balance remain ithe
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.
(h) Continuation Coverage Administrator. The Continuation Coverage administrator for the
HCSA is City of Chula Vista is HealthEquity/WageWorks.
(i) Method of Funding. HCSA are paid from the Employer’s general assets.
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) on their benefit eligibility date as defined in the employee’s
Compensation Summary or MOU.
(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.
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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 ofthe 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 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:
the Plan Administrator. If you st
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
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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.
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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). Youearn
$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
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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.
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
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
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34
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 .
. For a Change in Status in which a
the Particip
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 increa
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
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. Mi
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.
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 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 employment, reduction in hours, or
exhaustion of a coverage continuation period),
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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 X(X 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
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
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.
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
Entitlement to Medicare or Medicaid.
dicare
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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: E
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
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.
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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
1. Gain Spouse Employee may enroll
or increase election for
newly eligible Spouse
and Dependent
children (Note: Under
-
interpretation, new and
preexisting
Dependents may be
enrolled); coverage
option (e.g., HMO to
PPO) change may be
made; Employee may
revoke or decrease
only when such
coverage becomes
effective or is
increased under the
S Also,
see HIPAA special
enrollment rule below.
Same as previous Employee may Employee may enroll Employee may
(marriage) column (Note: enroll or increase or increase to enroll, increase,
HIPAA special election for newly accommodate newly decrease, or cease
enrollment rights eligible Spouse or eligible Dependents or coverage even when
likely do not apply). Dependents, or decrease or cease eligibility is not
likely decrease coverage if new impacted.
election if Spouse is not
Employee or employed or makes a
Dependents become DCSA coverage
an eligible election under
Dependent under
plan (Note: HIPAA
special enrollment
rights likely do not
apply).
2. Lose Spouse
(divorce, legal
Employee may revoke
election only for
Same as previous
column (Note:
Employee may
decrease election
Employee may enroll
or increase to
Employee may
enroll, increase,
separation,
annulment, death of
Spouse) (See loss of
Dependent eligibility
Spouse; coverage
option (e.g., HMO to
PPO) change may be
made; Employee may
HIPAA special
enrollment rights
likely do not
apply).
for former Spouse
who loses
eligibility (Note:
HIPAA special
accommodate newly
eligible Dependents
(e.g., due to death of
spouse) or decrease or
decrease, or cease
coverage even when
eligibility is not
impacted.
below for discussion
of Dependent
elect coverage for self
or Dependents who
enrollment rights
likely do not
cease coverage if
eligibility is lost (e.g.,
eligibility loss
following divorce,
lose eligibility under
apply). Employee
may enroll or
because Dependent
now resides with ex-
separation, etc.) individual loses increase election Spouse).
eligibility as a result where coverage
of the divorce, legal
separation, annulment, health plan.
or death. (Note:
-
any Dependents may
be enrolled so long as
at least one Dependent
has lost coverage
plan.)
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37
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
1. Gain Dependent
(birth, adoption)
Employee may enroll
or increase coverage
Same as previous
column (Note:
Same as previous
column (Note:
Employee may enroll
or increase to
accommodate newly
eligible Dependents
(and any other
Dependents who were
not previously
covered under IRS
-
Employee may
enroll, increase,
for newly-eligible HIPAA special HIPAA special decrease, or cease
Dependent (and any enrollment rights enrollment rights coverage even when
other Dependents who likely do not likely do not eligibility is not
were not previously apply). apply). impacted.
covered under IRS
-
coverage option (e.g.,
HMO to PPO) change
may be made;
Employee may revoke
or decrease
if Employee becomes
eligible under
see HIPAA special
enrollment rule below.
2. Lose Dependent
(death)
Employee may drop
coverage only for the
Same as previous
column.
Employee may
decrease or cease
Employee may
decrease election for
Employee may
enroll, increase,
Dependent who loses election for Dependent who loses decrease, or cease
eligibility; coverage Dependent who eligibility. coverage even when
option (e.g., HMO to
PPO) change may be
made.
loses eligibility. 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 Employment Status) That Triggers
Eligibility
a. Commencement Provided eligibility Same as previous Same as previous Same as previous Employee may
of Employment by
Employee or
was gained for this
coverage, Employee
column. column. column. enroll, increase,
decrease, or cease
Other Change in
Employment
may add coverage for
Employee, Spouse or
coverage even when
eligibility is not
Status (e.g., PT to
FT, hourly to
salaried, etc.)
Dependents and
coverage option (e.g.,
HMO to PPO) change
impacted.
Triggering
Eligibility Under
Component Plan
may be made.
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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
b. Commencement
of Employment by
Spouse or
Dependent or
Other
Employment
Event Triggering
Eligibility Under
Plan
Employee may revoke
or decrease election as
if Employee, Spouse
or Dependent is added
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
Employee may make
or increase election to
reflect new eligibility
(e.g., if Spouse
previously did not
work). Employee may
revoke election as to
if Dependent is added
Employee may
enroll, increase,
decrease or cease
coverage even when
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 may revoke Same as previous Same as previous Employee may revoke Employee may
or decrease election column. column. or decrease election to enroll, increase,
Employment or
Other Change in
for Employee, Spouse
or Dependents who
reflect loss of
eligibility.
decrease or cease
coverage even when
Employment lose eligibility under eligibility is not
Status (e.g.,
unpaid leave, FT
the plan. In addition,
other previously
affected.
to PT, strike, eligible Dependents
salaried to hourly, may also be enrolled
etc.) Resulting in a -
Loss of Eligibility rule. Coverage option
(HMO to PPO)
change may be made.
i. Termination
and Rehire
Within 30 Days
Prior elections at
termination are
reinstated unless
Same as previous
column.
Same as previous
column.
Same as previous
column.
Same as previous
column.
another event has
occurred that allows a
change (as an
alternative, Employer
may prohibit
participation until next
plan year).
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 Employee may enroll Same as previous Employee may Employee may enroll Employee may
or increase election
for Employee, Spouse
column (Note:
HIPAA special
enroll or increase
HCSA election if
or increase if Spouse
or Dependent loses
enroll, increase,
decrease or cease
Employment (or
other change in
employment status
resulting in a loss of
eligibility under
or Dependents who
lose eligibility under
enrollment rights
likely do not
apply).
Spouse or
Dependent loses
eligibility for health
coverage (Note:
HIPAA special
eligibility for DCSA.
Employee may
decrease or cease
DCSA election if
even when eligibility
is not affected.
addition, other enrollment rights employment renders
plan) previously eligible likely do not Dependents ineligible.
Dependents may also apply).
be enrolled under
-
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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.
1. Event by Which
Dependent Satisfies
Eligibility
Requirements Under
Employee may enroll
or increase election
for affected
Dependent. In
addition, Employee
may apparently add
previously eligible
(but not enrolled)
Dependents under
-
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
Employee may
increase election or
enroll to take into
account expenses of
Employee may
enroll, increase,
decrease or cease
even when eligibility
eligibility under affected Dependent. is not affected.
(attaining a specified
age, becoming single,
becoming a student,
etc.)
HCSA.
2. Event by Which
Dependent Ceases to
Satisfy Eligibility
Requirements Under
Employee may
decrease or revoke
election only for
affected Dependent.
Same as previous
column.
Employee may
decrease election to
take into account
ineligibility of
Employee may
decrease or drop
election to take into
account expenses of
Employee may
enroll, increase,
decrease or cease
coverage even when
Coverage option (e.g., expenses of affected Dependent. eligibility is not
(attaining a specified
age, getting married,
ceasing to be a student,
etc.)
HMO to PPO) change
may be made.
affected
Dependent, but
only if eligibility is
lost.
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
-
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
eligibility is not
affected.
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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
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
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)
Same as previous
column.
No change
permitted.
Application is unclear.
Presumably, plan may
automatically increase
or decrease (on a
reasonable and
consistent basis)
Same as Major
Medical column.
elective contributions
under the plan, so
long as the terms of
the plan require
Employees to make
such corresponding
changes.
elective contributions
under the plan, so
long as the terms of
the plan require
Employees to make
such corresponding
changes.
III. Significant Cost Changes
Significant Cost Same as previous No change Same as Major Same as Major
Increase: Affected column. permitted. Medical column for Medical column.
Employee may significant cost
increase election increase, except no
correspondingly OR change can be made
revoke election and when the cost change
elect coverage under is imposed by a
another benefit plan Dependent care
option providing provider who is a
similar coverage. If relative of the
no option providing Employee.
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
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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
option.
Though unclear, it
appears that tag-along
concepts may apply.
IV. Significant Coverage Curtailment (With or Without Loss of Coverage)
Without Loss of Same as previous No change Election change may Same as Major
Coverage: Affected column. permitted. apparently be made Medical column.
participant may whenever there is a
revoke election for change in provider or
curtailed coverage and a change in hours of
make new prospective Dependent care.
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.
V. Addition or Significant Improvement of Benefit Plan Option
Eligible employees Same as previous No change Eligible employees Same as previous
(whether currently column. permitted. (whether currently column.
participating or not) participating or not)
may revoke their may revoke their
existing election and existing election and
elect the newly added elect the newly added
(or newly improved) (or newly improved)
option. option.
Though unclear, it
appears that tag-along
concepts may apply.
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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
(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
must permit elections specified under
the applicable regulations and an election must actually be made under suc
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
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
Same as previous
column.
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
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
Same as previous
column.
C. Open Enrollment Under Plan of Other Employer
Corresponding
changes can be made
plan.
Corresponding
changes can be
made under
No change
permitted.
Corresponding
changes can be made
plan.
Corresponding
changes can be made
under
plan.
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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.)
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
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.
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.
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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 .
retroactive to date of birth, adoption,
e 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.
Insurance under Title XXI of the Social Security Act, or eligibility for group health plan premium assistance.
rth, adoption, or
placement for adoption; Employee ma
or placement for adoption.)
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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
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
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.
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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
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.
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ff.t_ -.-'
id£
Cf1YOF
CHULA VISTA
Attachment 3
VOLUNTARY PLAN
HARTFORD
PLAN DOCUMENT
Esablished on January 1, 2018
and Restated on January 1, 2026
Human Resources Department
City of Chula Vista
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## ###
# ##
!##6#
# # #
"## #
#
Attachment 4
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HEALTH AND HUMAN RESOURCE CENTER, INC.
(dba AETNA RESOURCES FOR LIVING)
EMPLOYEE ASSISTANCE PROGRAM (EAP)
CALIFORNIA KNOX-KEENE REGULATED SERVICES AGREEMENT
Cover Sheet
Initial Term of Agreement: ...................................... January 1, 2026 through December 31, 2028
Date of Submission of Initial Periodic Fees:........................................................ January 1, 2026
Effective Date of Coverage for Initial Members: ................................................. January 1, 2026
Initial Periodic Fee: .................................................................... $4.19 Per Employee Per Month
Other Pertinent Information
Exhibits: A and B
Group Plan
City of Chula Vista, CA Health and Human Resource Center, Inc.,
(CALIFORNIA EMPLOYEES ONLY) dba Aetna Resources For Living
By: {{*_es_:signer1:signature }} By: {{*_es_:signer2:signature }}
(Peggy Wagner)
Its: {{*_es_:signer1:title }} Its: President .
Date: {{*EffDt_es_:signer1:calc(now()):format(date,"mm/dd/yyyy")}} Date: {{*EffDt_es_:signer2:calc(now()):format(date,"mm/dd/yyyy")}}
276 Fourth Avenue, Bldg. C P.O. Box 818048
Chula Vista, CA 91910 Cleveland, OH 44181-8048
Telephone: (619) 409-5927 Telephone: (800) 890-1921
RETURN THIS SIGNED ORIGINAL TO PLAN AT THE P.O. BOX ADDRESS ABOVE.
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EAP Services Agreement
HEALTH AND HUMAN RESOURCE CENTER, INC.
(dba AETNA RESOURCES FOR LIVING)
EMPLOYEE ASSISTANCE PROGRAM (EAP)
SERVICES AGREEMENT
This Employee Assistance Program (EAP) Services Agreement ("Agreement") is made and entered into by
and between Health and Human Resource Center, Inc., doing business as Aetna Resources For Living
("Plan"), and the organization identified as Group on the Cover Sheet of this Agreement ("Group").
RECITALS
A. Plan operates a specialized health care service plan licensed under the Knox-Keene Health Care Service
Plan Act of 1975, as amended (the "Act"), and the regulations promulgated thereunder (the "Regulations").
B. Plan will provide and arrange for the provision of Benefits to Group employees and certain persons
associated with Group employees, as Members, in accordance with the terms, conditions, Limitations and
Exclusions of this Agreement, as such terms are defined below.
C. Group will pay Periodic Fees to Plan for the provision of Benefits by Plan to Group employees and certain
persons associated with Group employees, as Members.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and the promises and covenants contained herein,
Plan and Group agree as follows:
I. DEFINITIONS
The following terms shall have the following meanings:
A. "Act" The Knox-Keene Health Care Service Plan Act of 1975, as amended (California Health and
Safety Code Sections 1340 et seq.).
B. "Benefits" The coverages to which Members are entitled under this Agreement, and the services to
be provided to Group hereunder, which are set forth in Exhibit A to this Agreement.
C. "Director" Director of the California Department of Managed Health Care.
D. "EAP Provider" A licensed assessment and short-term counseling professional employed by, or under
contract with Plan to provide Benefits to Members.
E. “Exclusion” Any provision of this Agreement whereby coverage for Benefits is entirely eliminated.
F. "Evidence of Coverage" or “Combined Evidence of Coverage and Disclosure Form” The document
issued to an employee of Group which summarizes the essential terms of this Agreement.
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EAP Services Agreement
G. "Group" The organization identified as such on the Cover Sheet of this Agreement.
H. "Limitation" Any provision of this Agreement which restricts Benefits, other than an Exclusion.
I. "Member" An eligible employee of Group, the eligible employee’s children under the age of 26,
persons covered under the eligible employee’s health benefit plan, persons residing with the eligible
employee, including domestic partners.
J. "Periodic Fees" The monthly amounts due and payable to Plan from Group for providing Benefits
to Members.
K. "Plan" Health and Human Resource Center, Inc., doing business as Aetna Resources For Living.
L. "Regulations" Those regulations promulgated and officially adopted under the Act.
M. "Service Area" Those areas in which Plan is licensed to operate.
II. CHOICE OF PROVIDERS
Benefits must be obtained from an EAP Provider through Plan. A Member may obtain Benefits by
contacting Plan at 1-800-342-8111. Upon contact, Plan will determine the Member's eligibility for
Benefits and arrange for Benefits.
III. BENEFITS
Subject to all of the terms, conditions, Limitations and Exclusions of this Agreement, Members are
entitled to receive Benefits as follows:
A. Obtaining Benefits. Unless otherwise specifically stated to the contrary, the services described herein
are Benefits only if, and to the extent, that they are authorized and directed by Plan and performed
by an EAP Provider.
B Non-EAP Providers. In the event Plan fails to pay a non-EAP Provider, the Member will be liable to
such non-EAP Provider for the cost of services provided to the Member.
C. Benefits. Benefits may be changed in accordance with Section XIII.A hereof.
IV. LIMITATIONS AND EXCLUSIONS
The rights of Members and the obligations of Plan hereunder are subject to the following Limitations and
Exclusions:
A. Limitation. In the event of any major disaster or epidemic, Plan shall provide Benefits to Members
to the extent practical, according to its best judgment, within the limitations of such facilities and
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EAP Services Agreement
personnel as are then available. Plan shall have no liability to Members for any delay in providing
or failure to provide Benefits under such conditions.
B. Exclusion. Court ordered treatment or therapy, or any treatment or therapy ordered as a condition of
parole, probation or custody or visitation evaluations, is entirely excluded from Benefits.
V. PERIODIC FEES AND MEMBER CHARGES
A. Periodic Fees. Group shall remit to Plan, by the date specified on the Cover Sheet of this Agreement,
the number of employees entitled to receive Benefits as of the effective date of coverage for initial
Members also set forth on the Cover Sheet, together with the applicable Periodic Fees set forth on
Exhibit B of this Agreement for each such employee. Thereafter, on or before the first day of each
month of the term of this Agreement, Group shall provide Plan with the number of employees
entitled to receive Benefits during such month, and Plan shall invoice Group for Periodic Fees for
such employees. Group shall remit such Periodic Fees to Plan within thirty (30) days of receipt of
Plan’s invoice therefore for Members entitled to receive Benefits during the month to which the
invoice applies. In the event Group fails to timely provide Plan with the number of employees
entitled to Benefits during a particular month, Plan may bill Group for Periodic Fees based on the
most recent employee count provided by Group and adjust subsequent invoices to reflect any
discrepancies accordingly. The Periodic Fees set forth on Exhibit B shall remain in effect for the
term of this Agreement, unless changed in accordance with Section XIII.A hereof.
B. Other Charges. Plan shall invoice Group for additional services or benefits provided under this
Agreement. Group shall remit payment to Plan within thirty (30) days of receipt of each such invoice.
C. Member Charges. Members will not be required to make co-payments to EAP Providers for Benefits.
However, a Member is responsible for paying for the services of EAP Providers and others to whom
the Member is referred, when the services do not constitute Benefits.
VI. PROVIDER COMPENSATION
A. Plan compensates EAP Providers through an agreement by which they are paid a fixed amount of
money based on hours worked, number of Members seen, or number of sessions provided. Providers
are compensated within thirty (30) days after a claim is received.
B. Plan does not distribute financial bonuses or use any other incentive program to compensate its EAP
Providers other than the methods of compensation defined above.
VII. EFFECTIVE DATE OF BENEFITS
A. Initial Members. All employees of Group as of the effective date of this Agreement provided for on
the Cover Sheet hereof, and all persons entitled to be Members through such employees shall be
entitled to receive Benefits as of 12:01 a.m. on such effective date.
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EAP Services Agreement
B. Subsequent Members. Any employee who becomes eligible after the effective date of this Agreement
and all persons entitled to be Members through the employee, shall be entitled to Benefits, effective
immediately. Group shall notify Plan of newly eligible employees and members.
VIII. TERM AND TERMINATION
A. Term. The Initial Term of this Agreement for the provision of Benefits to Members hereunder is set
forth on the Cover Sheet of this Agreement. Thereafter, this Agreement shall be automatically
renewed for successive twelve (12) month terms (“Renewal Terms”), subject to the termination
provisions contained herein.
B. Termination of Individual Member.
1. Loss of Eligibility. If an employee ceases to meet the eligibility requirements of Group, as
determined by Group’s personnel and benefit policies, then coverage for Benefits under this
Agreement for such employee, and all other Members covered for Benefits through the
employee, terminates automatically at midnight on the last day of the month in which the
employee ceases to meet the eligibility requirements of Group. Group shall notify Plan monthly
of the employees ceasing to meet Group’s eligibility requirements. Plan shall not charge an
employee who ceases to meet Group’s eligibility requirements, or Members covered for Benefits
through such employee, for Benefits rendered prior to Group’s notice to Plan of the employee’s
loss of eligibility.
2. Right to Review. A Member who alleges that his or her rights hereunder were terminated or not
renewed because of the Member's health status or requirements for Benefits, may request a
review of the termination by the Director pursuant to Section 1365(b) of the California Health
and Safety Code.
C. Termination of Group.
1. Termination of this Agreement. This Agreement may be terminated by Group, with or without
cause, by giving Plan at least thirty-one (31) days advance written notice stating when, after the
date of such notice, termination shall become effective. This Agreement may also be terminated
by Plan for nonpayment, as provided in Section VIII.C.2 and VIII.C.3.
2. Nonpayment. If Group fails to pay any amount due Plan within thirty (30) days after Plan's notice
to Group of, and bill for the amount due, then Plan may terminate the rights of the Members
involved, effective upon Plan's issuance of notification of cancellation to Group. Such rights may
be reinstated only by payment of the amounts due and in accordance with Section VIII.C.3. Plan
shall continue to provide Benefits to Members until expiration of the applicable reinstatement
period and shall not charge Members for services rendered during such period. Thereafter, Plan
shall not be liable for Benefits to Members.
3. Reinstatement. Receipt by Plan of the proper Periodic Fees within fifteen (15) days of Plan's
issuance of the notice of cancellation to Group for non-payment of Periodic Fees shall reinstate
the Members as though there never was a cancellation. If such payment is received after said
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EAP Services Agreement
fifteen (15) day period, Plan, at its option, may either refund to Group the amounts paid and
consider this Agreement terminated, or issue to Group, within twenty (20) days of the receipt of
such payment, a new agreement accompanied by written notice stating clearly those respects in
which the new agreement differs from this Agreement in Benefits or other terms.
D. Extension of Benefits upon Termination
1. Termination of Provider Contract. Upon termination of a contract with an EAP Provider, Plan
shall be liable for Benefits rendered by such EAP Provider to Members who retain eligibility
under this Agreement, or by operation of law, under the care of such EAP Provider at the time of
such termination, until the Benefits being rendered to such Members are completed, or until Plan
makes reasonable provision for the assumption of such Benefits by another EAP Provider.
2. Group Continuation Benefits. Federal or state law requires Group to continue to make health
care benefits available to certain Members who lose eligibility for Benefits under this Agreement.
To assist Group in complying with such laws, Plan, in its sole discretion, may agree to continue
to make Benefits available to such persons. Under such circumstances, Group shall be solely
responsible for complying with all applicable laws governing such continuation coverage, and
for notifying eligible persons of the availability, terms, conditions and duration of, and of all
changes in, such coverage. Group agrees to indemnify, save and hold harmless Plan from any
and all liability in any way arising out of Group's health care benefit continuation obligations
under federal or state law, and Group's notification obligations provided for above.
IX. COMPLAINT AND GRIEVANCE PROCEDURE
Members are entitled to present complaints and grievances involving Benefits, Plan and EAP Providers
to Plan, and Plan is obliged to seek to resolve such complaints and grievances. Plan has established a
procedure for processing and resolving Member complaints and grievances. A copy of this procedure,
and the form to be used to file a complaint or grievance, are available from Plan and from all EAP
Providers and EAP Provider locations.
A grievance is a written or oral expression of dissatisfaction regarding Plan and/or an EAP Provider,
including quality of care concerns, and includes a complaint, dispute, request for reconsideration or
appeal made by a Member or the Member’s representative. A complaint is the same as a grievance.
There is no discrimination by Plan against a Member for filing a grievance.
Members are entitled to present complaints and grievances. Plan is obliged to seek to resolve such
complaints and grievances in a timely fashion. Members may file a grievance up to 365 calendar days
following an incident or action that is the subject of the member’s dissatisfaction. Plan has established
a procedure for processing and resolving Member complaints and grievances.
Should a Member desire to register a complaint or grievance with Plan concerning Benefits, he/she can
either call Plan at the toll-free telephone number 1-800-342-8111 to report the complaint or grievance,
or to request a copy of Plan’s Complaint Form, or write directly to Plan at 9350 Waxie Way, Suite 210,
San Diego, CA 92123. The telephone call or letter should be addressed to the Director, Clinical Quality
Improvement. Plan will acknowledge each complaint and grievance within five (5) days of receipt. The
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EAP Services Agreement
Director, Clinical Quality Improvement, will receive and investigate all Member complaints and
grievances. The Director, Clinical Quality Improvement, will respond to the Member stating the
disposition and the rationale within thirty (30) days of receipt of the grievance. If the grievance is not
resolved to the Member’s satisfaction, a second level of review may be requested within ten (10) days
of notification of such disposition. Any such request will be reviewed by the Medical Director and
responded to within seventy-two (72) hours of receipt.
If the complaint or grievance involves a delay, modification, or denial of service related to a clinically
emergent or urgent situation, the review will be expedited and a response provided in writing to the
Member within three (3) days from receipt of the complaint or grievance. There is no requirement that
the Member participate in Plan’s grievance process before requesting a review by the California
Department of Managed Care (“Department”) in any case determined by the Department to be a case
involving an imminent and serious threat to the health of the patient, including but not limited to severe
pain, the potential loss of life, limb, or major bodily function, or in any other case where the Department
determines that an earlier review is warranted. The criteria for determining emergent situations are
whether the Member is assessed to be at imminent risk to seriously harm himself or another person, or
is so impaired in judgment as to destroy property or be unable to care for his own basic needs. The
criteria for determining urgent situations are whether the Member is assessed to be significantly
distressed, and is experiencing a reduced level of functioning due to more than a moderate impairment
resulting in an inability to function in key family/work roles.
A Member, or the agent acting on behalf of the Member, may also request voluntary mediation with Plan
prior to exercising the right to submit a grievance to the Department. The use of mediation services will
not preclude the Member’s right to submit a grievance to the Department upon completion of the
mediation. In order to initiate mediation, the Member, or the agent acting on behalf of the Member, and
Plan will voluntarily agree to mediation. Expenses for the mediation will be borne equally by the parties.
The Department will have no administrative or enforcement responsibilities in connection with the
voluntary mediation process. Mediations will take place in San Diego, California unless otherwise
determined by the parties.
Pursuant to Section 1365(b) of the Act, any Member who alleges his enrollment has been canceled or
not renewed because of his health status or requirement for services may request review by the
Department.
The California Department of Managed Health Care is responsible for regulating health care service
plans. If a member has a grievance against the health plan, the member should first telephone the health
plan at (1-800-342-8111) and use the health plan’s grievance process before contacting the department.
Utilizing this grievance procedure does not prohibit any potential legal rights or remedies that may be
available to the member. If a member needs help with a grievance involving an emergency, a grievance
that has not been satisfactorily resolved by the health plan, or a grievance that has remained unresolved
for more than 30 days, the member may call the department for assistance. The member may also be
eligible for an Independent Medical Review (IMR). If the member is eligible for IMR, the IMR process
will provide an impartial review of medical decisions made by a health plan 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)
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for the hearing and speech impaired. The department’s Internet website http://www.hmohelp.ca.gov
has complaint forms, IMR application forms and instructions online.
Plan’s grievance process and the department’s complaint review process are in addition to any other
dispute resolution procedures that may be available to the member, and the member’s failure to use these
processes does not preclude the member’s use of any other remedy provided by law.
X. RECORDS
Plan agrees to maintain, in the State of California, such records and to provide such information to the
Director as may be necessary for compliance by Plan with the provisions of the Act and the Regulations.
Plan further agrees that such obligations are not terminated upon termination of this Agreement, whether
by rescission or otherwise, and that such records shall be retained by Plan for at least seven (7) years.
Plan agrees to permit the Director access, at all reasonable times upon demand, to such records and
information.
XI. ARBITRATION
If any dispute or controversy shall arise between the parties with respect to the making, construction,
terms, application or interpretation of this Agreement, or the rights of either party, or with respect to any
transaction contemplated by this Agreement, either party may refer the dispute or controversy to the
American Arbitration Association for resolution.
The arbitration shall be an adversary hearing and each party shall be entitled to call and cross-examine
witnesses under oath and to introduce oral and documentary evidence. The arbitration shall be held
within thirty (30) days of the appointment of the arbitrator. The decision of the arbitrator shall be final
and binding. Judgment on the award may be entered in any court having jurisdiction and shall be fully
binding on the parties.
The arbitration shall take place in San Diego, California, unless some other location is mutually agreed
upon by the parties, and shall be governed by the rules of the American Arbitration Association, except
as may otherwise be expressly provided herein. The expenses of the arbitrator shall be shared equally
by the parties. The prevailing party in the arbitration or in any legal action concerning the arbitration or
the judgment on the arbitration award, shall be entitled to recover its costs and reasonable attorney's fees
from the other party.
XII. HIPAA COMPLIANCE
Each party acknowledges that the use and disclosure of individually identifiable health information is
limited by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and any current
and future regulations promulgated thereunder including without limitation the federal privacy
regulations contained in 45 CFR Parts 160 and 164, the federal security standards contained in 45 CFR
Part 160, 162 and 164 and the federal standards for electronic transactions contained in 45 CFR Parts
160 and 162, all collectively referred to herein as the HIPAA Requirements. Each party agrees to comply
with the HIPAA Requirements to the extent applicable to such party and further agrees that it shall not
use or further disclose Protected Health Information (as defined under the HIPAA Requirements) other
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than as permitted by the HIPAA Requirements. The parties further agree to execute such other
agreements and understandings as may be necessary or required to satisfy all HIPAA Requirements
applicable to this Agreement and the transactions contemplated hereby.
XIII. MISCELLANEOUS
A. Change of Periodic Fees and/or Benefits. Plan may change Periodic Fees and/or Benefits hereunder,
provided Plan notifies Group, in writing, of the change in Periodic Fees and/or Benefits at least sixty
(60) days prior to the renewal effective date of this Agreement. The written notice to Group of the
change in Periodic Fees and/or Benefits shall be consistent with the requirements in Sections 1374.21
and 1374.22 of the California Health and Safety Code.
B. Member Consent. By this Agreement, Group makes Benefits available to Members. However, this
Agreement shall be subject to amendment, modification or termination, in accordance with the
provisions hereof, or by mutual agreement between Plan and Group, without the consent or
concurrence of Members. By electing Benefits pursuant to this Agreement, or accepting Benefits
hereunder, all Members legally capable of contracting, and the legal representatives of all Members
incapable of contracting, agree to all terms, conditions and provisions hereof.
C. Entitlement to Benefits. To be entitled to receive Benefits under this Agreement, a person must be a
Member on whose behalf Periodic Fees have been paid. Any person receiving Benefits to which he
or she is not then entitled pursuant to the provisions of this Agreement shall be responsible for
payment therefore.
D. Notice of Certain Events. Plan shall give Group written notice within a reasonable time of any
termination or breach of contract by, or inability to perform of an EAP Provider, or any person with
whom Plan has a contract to provide Benefits hereunder, if Group can be materially and adversely
affected thereby.
E. Liability of Plan. In the event Plan fails to pay EAP Providers for Benefits provided to Members,
Members shall not be liable to EAP Providers for any sums owed by Plan.
F. Member's Liability to Non-Plan Providers. Except with respect to Benefits rendered in an
emergency, in the event Plan fails to pay non-EAP Providers, Members may be liable to such non-
EAP Providers for the cost of services rendered.
G. Plan Referrals to Members. When EAP Providers refer Members for further treatment, EAP
Providers, to the best of their ability, will inform Members of the insurance deductibles and co-
payments that Members will be liable for as a result of the referral. Members will be informed they
are fully liable for all costs of treatment subsequent to the Benefits provided herein.
H. Plan's Policies. Plan may adopt reasonable policies, procedures, rules and interpretations to promote
orderly and efficient administration of this Agreement.
I. Entire Agreement. This Agreement, including its Exhibits, constitutes the entire understanding
between the parties with respect to the subject matter hereof and, as of the effective date hereof,
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supersedes all other agreements between the parties with respect to such subject matter. If any part
of this Agreement is deemed unenforceable, the remaining parts shall remain in full force and effect.
J. Amendments. No agent or other person, except an authorized representative of Plan, has authority
to waive any condition or restriction of this Agreement, to extend the time for making a payment, or
to bind Plan by making any promise or representation or by giving or receiving any information. No
change in this Agreement shall be valid unless evidenced by an endorsement to it signed by the
aforesaid representative, or by an amendment to it signed by Group and such representative of Plan.
The above notwithstanding, this Agreement shall be deemed automatically amended to comply with
the provisions of the Act and the Regulations.
K. Notices. Any notice under this Agreement may be given, addressed to the applicable party at the
address provided on the Cover Sheet, or to such other address as may be provided by giving notice
pursuant to this Section. Notices given by United States mail, postage prepaid, return receipt
requested shall be deemed given three (3) days after deposit in the mail. Notices given by next day
or overnight delivery or in person shall be deemed given upon delivery.
L. Notices to Members. Group agrees to disseminate all notices regarding material matters with respect
to this Agreement and Plan to Members within ten (10) days after the receipt of notice of such matters
from Plan. In the event that any such notice from Plan involves the cancellation or termination of,
or decision not to renew this Agreement, Group shall provide notice of such to Members promptly
and shall provide Plan with written evidence of such notification.
M. Discrimination. Plan may not refuse to enter into any contract, or cancel or decline to renew or
reinstate any contract, nor may Plan modify the terms of a contract because of the race, color,
national origin, ancestry, religion, sex, marital status, sexual orientation, handicap or age of any
contracting party, or person reasonably expected to benefit from such contract.
N. Headings. The headings of the Articles and Sections of this Agreement are for information purposes
only and shall not limit or otherwise restrict the meaning of any provision of this Agreement.
O. Interpretations and Governing Law.
1. Plan is subject to the requirements of the Act and the Regulations, and any provision required to
be in this Agreement by either of the above shall bind Plan whether or not set forth herein.
2. This Agreement shall be governed by and construed in accordance with the laws of the State of
California.
P. Limitation on Liability. Group acknowledges that the information and advice provided to Members
by legal and financial persons to whom Members are referred under this Agreement (“Referees”) are
not, expressly or impliedly, endorsed, recommended or approved by Plan. The relationship between
Plan and a Referee is that of independent third party entities. Plan, its agents and affiliates are not
agents or affiliates of any Referee. Referees maintain a Referee-client relationship with Members,
and Referees are solely responsible to Members for any and all services that they may provide to
Members. Plan makes no warranties, expressed or implied, of any kind with respect to the services
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provided by a Referee. Plan shall not be liable for the negligence or wrongful acts or omissions of
Referees.
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EXHIBIT A
DESCRIPTION OF SERVICES
EMPLOYEE ASSISTANCE PROGRAM SERVICES
Subject to the terms and conditions of this Services Agreement, the EAP Services selected by Group and
provided by Plan are reflected in this EXHIBIT A: DESCRIPTION OF SERVICES and SERVICE AND
FEE SCHEDULE. Additional EAP Services may be provided at Group’s request under the terms of this
Services Agreement. All Services described in this Services Agreement are available within the United
States only. International EAP Services are only available if specifically described and priced separately.
1 UNLIMITED TELEPHONIC ASSESSMENT AND REFERRAL: Unlimited telephonic access to the
EAP call center staff, available 24 hours per day, 7 days per week, 365 days per year for purposes of
assessing member needs and referring to appropriate EAP Services.
2 SESSION MODEL: Sessions are intended to assist with emotional, family, personal, or work-related
behavioral health issues. RFL offers our members the choice in how they wish to use their sessions.
RFL has a network of professionals who can offer services face-to-face, telephonically, or via
televideo (when appropriate), or Each member is entitled, on a contract year, up to the number of
sessions per problem as set forth herein under Exhibit B (e.g., up to a set number of sessions per
member per problem under the EAP Session Model), unless a State regulation requires otherwise. All
sessions require prior authorization. The member must contact Plan to receive referrals and
authorizations for all sessions whether face-to-face, telephonic, or televideo. Marital and/or family
sessions are considered one problem for the couple or family and sessions are not authorized
individually for each attendee. Face-to-face, telephonic, and televideo sessions count toward the
number of sessions per member per problem.
3 EAP PROVIDER NETWORK: A nationwide network of licensed behavioral health professionals,
who meet all Plan credentialing standards, and who are contracted by Plan, as independent
contractors, to provide counseling to Members. EAP Network Providers include, but are not limited
to: social workers, licensed professional counselors, marriage and family therapists, master’s level
psychiatric nurses and psychologists.
4 TRAINING AND EDUCATION: The term “Training and Education” refers to training, provided by
Plan, or a Plan Contracted educator to the Group, concerning general behavioral health and work/life
issues. This includes Employee Orientation Meetings and Supervisor Orientation Trainings. This
training may be provided in different ways, i.e. in-person, telephonically, or web- based (webinars).
Additional fees apply to webinars with over 50 participants (participants are defined as unique phone
lines calling into the webinar). Department of Transportation (DOT) services are excluded from
standard Training and Education services. For specialized DOT training, see separate definition under
Drug Free Workplace Services. Mental Health First Aid trainings are excluded from standard Training
and Education services. For specialized Mental Health First Aid training, see separate definition under
Mental Health First Aid.
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5 MANAGEMENT SERVICES:
• MANAGEMENT CONSULTATION: A telephonic resource for managers, supervisors, and
human resources professionals to assist in identifying and resolving workplace issues and
promoting a productive workforce. Issues may include but are not limited to employee
personal and family issues, behavioral health concerns, workplace conflict, workplace crisis
and other disruptions, substance abuse, threats of violence and employee performance
concerns. This includes the provisions of guidance to the Group in making voluntary referrals
for employees to the EAP. EAP will coordinate with specialty providers as needed (SAP, DOT,
FFD).
• MANDATORY REFERRALS: Case management to assist Group and employees in
addressing significant workplace performance issues. Mandatory referrals are used to monitor
compliance with the EAP Behavioral Health Professional’s recommendations, wherein the
EAP, with appropriate executed release of information forms, confirms the employee’s
participation in and compliance with the Program.
• DRUG FREE WORKPLACE SERVICES: Suite of services to assist Group in managing
workplace related employee substance misuse and/or disclosure of substance abuse in the
workplace. Services for general employer industries include Plan EAP case management of
mandatory referrals related to workplace impacted substance abuse, as well as management
consultation services as described above. Services for transportation related industries, such
as employers who are regulated by DOT, FMCSA, FAA, FRA, FTA, PHMSA, etc., include
substance abuse case management by a Substance Abuse Professional (SAP) for Department
of Transportation regulation compliance. Additional service for transportation regulated
employees includes DOT training to meet Drug-Free Workplace regulations regarding drug
and alcohol awareness available through American Substance Abuse Professionals (ASAP) or
comparable SAP provider. A variety of training formats are available, including on-site, on-
line or video.
• FITNESS FOR DUTY (FFD) CONSULTATION AND COORDINATION: A Fitness for Duty
Evaluation is a forensic evaluation completed by a specially trained psychologist, psychiatrist,
outside the EAP, for the purpose of evaluating an employee’s ability to safely perform the
functions of their job, assess organizational and behavioral risk, and provide a report
recommending steps needed to be taken to minimize Group risk in returning the employee to
work. Fitness for Duty Evaluations are outside the scope of EAP, and as such the EAP does
not conduct Fitness for Duty Evaluations. Upon specific request, the EAP may assist Group
with locating companies or providers external to the EAP who are capable of performing FFD
Evaluations. At all times the Group is responsible for working directly with the identified FFD
provider as well as directly making payment arrangements with that provider for the FFD
Evaluation. All decisions, regarding returning to work, retaining or dismissing employees
remain with the Group.
• SUBSTANCE ABUSE PROFESSIONAL (SAP) CONSULTATION AND CONTACT
INFORMATION: Upon request of Group, for drug and alcohol cases that fall under the
Department of Transportation (DOT) guidelines, Plan shall provide initial and ongoing
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management consultation on DOT issues. Plan will further provide contact information of
local providers in our specialized network of qualified Substance Abuse Professionals. Group
is responsible for choosing and working directly with the SAP, as well as performing Follow-
up, Compliance and Aftercare attendance monitoring. Group is responsible for payment of the
SAP and determines whether the employee or employer pays SAP fees as well as
recommended treatment costs.
• MENTAL HEALTH FIRST AID: An educational program offered to Group to help managers
and employees recognize and respond to mental health issues in the workplace and in the
community. The curriculum includes an overview of mental health and provides education
about Anxiety, Depression, Suicide, Trauma, Psychosis, and Substance Use Disorders, along
with videos, interactive exercises and practice scenarios. The 4-hour and the 6-hour virtual
course can be provided at the corporate level. Whether virtual or in-person both the 6-hour in-
person and 6-hour virtual courses provide all participants that complete course with Mental
Health First Aid Certification for three years. The 4-hour virtual and in-person general
awareness courses are available. The 4-hour course does NOT provide participants with a
Mental Health First Aid Certification. In-person courses are limited to 30 participants per
course. The virtual 4-hour general awareness course has a participant minimum of 15
participants and a maximum of 25 participants. The virtual 6-hour courses have a 15-
participant minimum/maximum per course.
Mental Health First Aid Virtual Delivery Requirements for Participants
Virtual courses will be hosted through The National Council for Behavioral Health’s
Zoom webinar platform, and The National Council will provide a how-to guide for
participants who have never used this platform.
• Computer – Windows or Apple desktop or laptop computer OR Mobile
Device/Tablet/Surface: iOS, Android, Windows
• Phone (backup audio option) – It is highly recommended that users join the course
from a tablet, laptop or desktop computer for the best experience. Phones may be
used for audio support.
• Microphone and speakers – Participants whose computers do not have a
microphone and/or speaker can use the dial-in option from their phone for audio.
• HD Webcam – Either built into the user’s device or external.
• Internet Connection – We recommend an internet speed of at least 5 mbps
upload/download speed. Users can test their internet speed here:
https://www.speedtest.net/
For the virtual 4-hour general awareness course, Plan Sponsor will ensure that participants
review course materials prior to attending a virtual session. Course materials will be
available for download via the online learning platform.
The virtual 6-hour certification course is a blended course that includes two hours of self-
directed pre-work and four hours of instructor led training. Plan Sponsor will ensure that
there are 15 identified participants for registration that are committed to completing
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required online learning pre-work and attending the four hours of instructor led training.
Course materials will be available for download via the online learning platform.
If registered participant(s) does not complete the required two hours of self-directed pre-
work, the participant(s) will be denied access to the four hours of live facilitator led
training. If a participant doesn’t complete the pre-work or is not able to attend the
instructor led portion of the course, participants will not be able to make up the session
or receive certification and no refund will be issued. Participants will only receive a
certificate upon completion of post test and evaluation.
6 CRITICAL INCIDENT SUPPORT (Crisis Support/Management Services/Critical Incident Stress
De-Briefing (CISD) Services): An array of services offered by the EAP that helps an organization to
prepare for, prevent, or respond to traumatic events. Acts of war are excluded from on-site CISD
Services.
• ON-SITE STANDARD CRITICAL INCIDENT SUPPORT: On-site attendance response time
in greater than three hours for hourly onsite crisis support and Critical Incident Stress De-
Briefing (CISD) Services at Group sites to help an organization prepare for, prevent, or respond
to traumatic events.
• ON-SITE IMMEDIATE CRITICAL INCIDENT SUPPORT: On-site attendance response time
in less than three hours for hourly onsite crisis support and Critical Incident Stress De- Briefing
(CISD) Services at Group sites to help an organization prepare for, prevent, or respond to
traumatic events.
7 REDUCTION IN FORCE: The process by which a work organization reduces its work force by
eliminating jobs, such as closing subsidiaries or departments.
8 HERE4U: The term “Here4U Groups” refers to a one (1) hour nation-wide and virtual peer support
group, provided by EAP Behavioral Health Professional to the Group, to address the importance of
mental wellbeing. The event addresses mild to moderate severity with a focus on preventative mental
health care and maintenance of wellbeing. Here4U groups will be available through Plan’s web-based
platform. Each web-based group will have a maximum participant capitation of 30 (Participant is
defined as one individual connecting to webinar web-based platform). The event will provide access
to digital tools through Plan’s core member website. Participant will be required to register for each
event on Plan web-based platform. Here4U groups are designed for one (1) hour in duration and one
(1) hour in duration will count as one (1) Here4U group.
9 COMMUNICATION AND PROMOTIONAL MATERIALS: Information provided to Employees
and management about EAP Services, including, in part, how EAP Services can be accessed for
consultation and assistance. The communications and promotional resources include template e-
mails, letters, flyers, brochures, and/or posters for Employees and management. Plan will provide
communications and promotional materials, directly to the Group for distribution to the Employee.
In support of implementation and on-going communication, Plan will provide a quantity up to 120%
of the number of eligible Employees for flyers or brochures with perforated wallet card; a quantity
up to 5% of the number of eligible Employees for posters; and a quantity of up to 20% of anticipated
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attendees at health fairs for flyers. Requests exceeding these quantities may incur an additional fee.
Requests for a mailing, to all Employee’s place of residence, will incur additional fees. Requests for
materials outside of our standard templates will incur an additional fee.
10 MANAGEMENT REPORTS: A specific collection of data and narrative information designed to
inform Group about the overall utilization of the program. Group may receive reports on a quarterly
electronic basis. If for any two consecutive reporting periods there is less than 1% utilization,
reporting frequency will default to annual reporting.
11 INTAKE MODEL:
STANDARD MODEL: Initial intake calls answered by a member engagement specialist.
12 EAP EXCLUSIONS: The following services are outside the scope of the EAP:
• Counseling services beyond the allowed number of sessions covered by the EAP benefit.
• Court ordered treatment or therapy, or any treatment or therapy ordered as a condition of parole,
probation, custody, or visitation evaluations, or paid for by Workers’ Compensation.
• Formal psychological evaluations which normally involve psychological testing and result in a
written report.
• Diagnostic testing and/or treatment.
• Visits with psychiatrist, including medication management.
• Prescription medications.
• Services for remedial education.
• Inpatient treatment of any kind, residential treatment, partial hospitalizations, intensive
outpatient treatment.
• Ongoing counseling for a chronic diagnosis that requires long term care.
• Biofeedback.
• Hypnotherapy.
• Aversion therapy.
• Examination and diagnostic services required to meet employment, licensing, insurance
coverage, travel needs.
• Services with a non-contracted EAP Provider.
• Fitness for duty evaluations.
• Legal representation in court, preparation of legal documents, or advice in the areas of taxes,
patents, or immigration, except as otherwise described in this document.
• Investment advice (nor does Plan loan money or pay bills).
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WORK/LIFE PROGRAM SERVICES
1. UNLIMITED TELEPHONIC ACCESS: Unlimited telephonic access to the call center staff,
available 24 hours per day, 7 days per week, 365 days per year.
2. CAREGIVING SERVICES: Services that include consultation, information, education and
referral services in connection with, in part, adoption, child care, parenting, temporary back-up
care, summer care, special needs, high-risk adolescents, academic services, education loans,
grandparents as parent, adult care, elder care, and disaster resources. Carekits may be available
upon request from individual Members within the 50 U.S. states only, other types of Carekit
distributions or promotion request by Group will incur additional fees.
3. PERSONAL SERVICES: Free educational materials, personalized referrals, and interactive web
tools to assist with:
• Health & Wellness--Children’s health; women’s health; men’s health; seniors’ health;
weight loss and nutrition; fitness and exercise programs; general health; safety; stress
management; information on diseases and conditions; and more.
• Daily Life--Home improvement; pet care; consumer information; automotive services;
relocation; travel; time management; cleaning services; and more.
4. LEGAL, FINANCIAL, and IDENTITY THEFT SERVICES: Services provided through the EAP
that include:
LEGAL SERVICES:
• ½ hour Initial Consultation with selected participating attorney on an unlimited number
of new Legal Topics (each plan year). Certain topic areas are excluded, including
employment law. Also excluded are matters that, in the attorney’s opinion, lack merit.
Court costs, filing fees and fines are the responsibility of the member. If members choose
to continue with the participating attorney and hire that attorney on their own, they will
receive 25% off of the fees for services beyond the initial consultation (excluding flat
legal fees, contingency fees, and plan mediator services).
• Mediation Services – Each member is entitled to one (1) initial thirty minute office or
telephone consultation per separate legal matter at no cost with a participating mediator.
In the event that the member wishes to retain a participating mediator after the initial
consultation, they will be provided with a preferred rate reduction of 25% from the
mediator’s normal hourly rate. Typical matters may include divorce and child custody,
contractual and consumer disputes, real estate and landlord tenant, car accidents and
insurance disputes.
• Simple Will Preparation: Members receive resources to complete one Simple Will.
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• All initial consultation (and discounted consultations) must be for legal matters related
to the Employee and eligible household members.
• Member web resources
FINANCIAL SERVICES:
• ½ hour Initial Consultation with the selected participating financial counselor on an
unlimited number of new Financial Counseling Topics each plan year.
• Financial counseling topics include Budgeting, Credit, Debt, Retirement, College
Planning, Buying vs. Leasing, Mortgages/Refinancing, Financial Planning, Tax
Questions, Tax Preparation, IRS Matters, Tax Levies and Garnishments, Consumer
Credit Counseling, and Community Services.
• A discount of 25% off the tax preparation services.
• Individual Employees may have the option to purchase additional services for a monthly
nominal fee.
IDENTITY THEFT SERVICES:
• 1-hour telephonic fraud resolution consultation for Identity Theft.
• Coaching and direction on prevention and restoring credit for victims of Identity Theft.
• Free Identity Theft Emergency Response Kit for victims of Identity Theft.
• Individual Employees may have the option to purchase additional services for a monthly
nominal fee.
5. MEMBER WEBSITE:
CORE MEMBER WEBSITE: Access to customizable member website for free webinars,
online work/life searches, concierge database, discount program, thousands of articles, videos,
and tools on work/life and behavioral health topics.
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DOMESTIC EAP GROUP SERVICE AND FEE SCHEDULE
Group hereby elects to receive the Services designated below. The below Service Fees shall be in
effect for the Initial Term of Agreement as specified on the Cover Sheet of this Agreement, and,
thereafter, if this Services Agreement is renewed for any additional successive Term(s), such Service
Fees may be revised for each such successive Term.
CRITICAL INCIDENT SUPPORT/CRITICAL INCIDENT STRESS DE-BRIEFING (CISD)
SERVICES:
STANDARD CISD SERVICES (On-site attendance response time in greater than three (3) hours.)
Unlimited Standard CISD Services: Unlimited Standard CISD sessions are included, limited
to 10 hours per incident. Issues concerning downsizing, mergers, acquisition activities (i.e.,
Reductions in Force, or RIFs), or services beyond the 10 hours per incident limitation, are
subject to the hourly rate of $285.00 per hour plus travel and preparation expenses reimbursed
at a flat rate of $180.00 per counselor. Immediate CISD Services are subject to the fees
described below.
CISD hours used, whether fee for service and/or within the bank of standard hours, are
calculated based upon the combined total number of hours all clinicians are on-site. If Group
requests interpretation services, Group will be billed the applicable fees.
Cancellation : Whenever possible, Group agrees to provide Plan with 48 hours advance
notice of cancellation of any requested Workplace Crisis Response Services. Failure to
provide Plan with 48 hours advance notice of cancellation of services:
• Unlimited Standard CISD Services Cancellation Fee: Services which are excluded
from the unlimited provision listed above, i.e. above the 10 hours per incident cap,
immediate CISD services, downsizings, mergers, acquisition activities (i.e. Reductions in
Force or RIF’s), which are subject to the hourly rate, will result in a charge of $440.00 per
incident.
IMMEDIATE CISD SERVICES (On-site attendance response time in three (3) hours or less.)
Fee-For-Service: $385.00 per hour plus travel and preparation expenses reimbursed at a flat
rate of $180.00 per counselor.
CISD hours used, whether fee for service and/or within the bank of standard hours, are
calculated based upon the combined total number of hours all clinicians are on-site. If Group
requests interpretation services, Group will be billed the applicable fees.
Cancellation : Services which are provided on a fee-for-service basis and which are subject
to the hourly rate will result in a charge of $440.00 per incident.
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REDUCTION IN FORCE (RIF) SERVICES:
Fee-For-Service: $285.00 per hour plus travel and preparation expenses reimbursed at a flat
rate of $180.00 per counselor.
Cancellation: Group agrees to provide Plan with 48 hours advance notice of cancellation
of any requested RIF service. Failure to provide Plan with 48 hours advance notice of
cancellation will result in a charge of $440.00 per incident.
TRAINING AND EDUCATION SERVICES:
Bank of Training Hours: Six (6) hours of Training and Education are included in the EAP
Session Model PE/PM Rate. Training and Education services may be on-site, or for web-based
trainings up to 50 participants. For webinars with more than 50 participants, an additional
charge of $25.00 applies for each additional 25 participants up to a maximum of 200
participants. Additional Training and Education sessions are $250.00 per hour for the total
amount of time that the educator is on site, plus a $150.00 per hour charge for travel and
preparation time. If training is not scheduled consecutively or multiple topics are scheduled,
additional travel and preparation costs may apply or additional hours may be deducted from
the bank. These capitated hours will be used for the total amount of time that the educator is
on site.
Sessions less than one (1) hour in duration will count as one (1) hour of Training and
Education.
If Group requests a specific educator, or an educator with specific qualities, including but not
limited to specialized certifications, experiences or language, Group will be billed any
additional incurred fees beyond the hourly fee above, or have hours deducted from bank.
In addition, if Group cannot accommodate the schedule/availability of a local Plan contracted
educator, requiring that the services of an educator 50 miles away or greater from the Group
location is necessary, then Group will be billed any additional incurred fees beyond the hourly
fee above, or have hours deducted from bank.
Cancellation: Group agrees to provide Plan with at least six (6) business days advance
notice of cancellation of a previously scheduled Training and Education Service. Failure to
provide Plan at least six (6) business days advance notice of cancellation may result in a
charge of:
• Bank of Training Hours Training Cancellation Fee: Services which are included in
the bank of capitated hours described above, will result in the deduction of a number of
hours from the bank, equal to the number of cancelled hours. When the bank of hours has
been exhausted, fee for service training cancellation fee of $375.00 per hour applies.
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20 EAP Services Agreement
DRUG-FREE WORKPLACE SERVICES:
DEPARTMENT OF TRANSPORTATION (DOT) TRAINING TO MEET DRUG-
FREE WORKPLACE REGULATIONS REGARDING DRUG AND ALCOHOL
AWARENESS:
SUPERVISOR TRAINING: Alcohol and Drug-Free Workplace Training to meet Drug-Free
Workplace regulations regarding drug and alcohol use.
Fee-For-Service: $800.00 per two-hour DOT Supervisor Training.
Additional fees may be added on to the base rate for DOT training. These fees will be
assessed on a case-by-case basis and are dependent upon travel expenses and for classes
that exceed 50 participants.
EMPLOYEE TRAINING: Alcohol and Drug-Free Workplace Awareness (Note: this
training does not meet Drug-Free Workplace regulations regarding drug and alcohol use.)
Fee-For-Service: $400.00 per one-hour DOT Employee Training.
Additional fees may be added on to the base rate for DOT training. These fees will be
assessed on a case-by-case basis and are dependent upon travel expenses and for classes
that exceed 50 participants.
SUBSTANCE ABUSE CASE MANAGEMENT:
Included: Case Management of five (5) Substance Abuse Professional (SAP)/DOT
cases.
Fee-For-Service: $750.00 per case.
MENTAL HEALTH FIRST AID:
Fee-For-Service: Please contact your Account Executive for Mental Health First Aid pricing
should you require these services.
Corporate In-Person Version: Mental Health First Aid fees are subject to change
without notice due to specific regulation changes. 30 participant maximum.
o 6 Hour Course – This option provides six (6) hours of standard Mental
Health First Aid curriculum. Fee includes all instructor fees, travel, and
customization for delivery locations within continental United States.
Additional travel and expenses may apply for delivery locations in
Alaska and Hawaii.
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21 EAP Services Agreement
o 4 Hour Course – This option provides four (4) hours of standard Mental
Health First Aid curriculum. Fee includes all instructor fees, travel, and
customization for delivery locations within continental United States.
Additional travel and expenses may apply for delivery locations in
Alaska and Hawaii.
Corporate Virtual Version: Mental Health First Aid fees are subject to change without
notice due to specific regulation changes. Minimum of 15 participants and Maximum
of 25 participants
o 6 Hour Course - This option provides six (6) hours (2 hours self-directed
pre-work + 4 hours of instructor led training) of standard Mental Health
First Aid curriculum. Fee includes all instructor fees and customization.
o 4 Hour Course - This option provides four (4) hours of standard Mental
Health First Aid curriculum. Fee includes all instructor fees and
customization.
Cancellation: Group agrees to provide Plan with at least thirty (30) days advance notice of
cancellation of a scheduled Mental Health First Aid course. If Group cancels for any reason
within 30 days from the scheduled training date, Group will be responsible for cancellation
fees as follows:
50% of the total fee if cancelled within 15-30 days prior to the scheduled date of
training.
100% of the total fee if cancelled within 0-14 days prior to the scheduled date of
training.
Rescheduling: If Group reschedules for any reason within 30 days from the training date,
Group will be responsible for the rescheduling fees of 25% of total fees.
Here4U Events
Fee for Service Here4U Event: $700 per event per hour. Here4U event has a maximum
capitation of 30 participants (Participant is defined as one individual logging into web-based
platform). Rates are viable for 1 contract year
Failure to provide Plan six (6) business days’ notice of cancellation of a previously scheduled
Fee for Service Here4U event will result in a charge of:
• Fee for Service Here4U Cancellation Fee: $550.00 per hour for services which are
provided on a fee for service basis and which are subject to the hourly rate.
Requests made to reschedule an event will be treated the same as a cancellation if not
providing the sufficient six business days’ notice. Please speak with your Account Executive
if you have any questions regarding cancellation fees.
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22 EAP Services Agreement
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23 EAP Services Agreement
EXHIBIT B
Periodic Fees
$4.19 Per Employee Per Month
This rate includes the following services, more fully documented in Exhibit A and the Agreement:
Service Rate
Eight (8)-session Employee Assistance Program
and Telephonic WorkLife services $4.19 per employee per month
Additional services not specifically covered by this contract will be billed at then current rates.
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HHRC-EOC 12.20.2023 i Evidence of Coverage
Assistive Technology
Persons using assistive technology may not be able to fully access the
following information. For assistance, please call the number on your ID card.
Non-Discrimination
Aetna complies with applicable Federal civil rights laws and does not unlawfully discriminate,
exclude or treat people differently based on their race, color, national origin, sex, age, or
disability.
We provide free aids/services to people with disabilities and to people who need language
assistance.
If you need a qualified interpreter, written information in other formats, translation or other
services, call the number on your ID card.
If you believe we have failed to provide these services or otherwise discriminated based on a
protected class noted above, you can also file a grievance with the Civil Rights Coordinator by
contacting:
Civil Rights Coordinator,
P.O. Box 14462, Lexington, KY 40512 (CA HMO customers: PO Box 24030
Fresno, CA93779), 1-800-648-7817, TTY: 711,
Fax: 859-425-3379 (CA HMO customers: 860-262-7705), CRCoordinator@aetna.com.
You can also file a civil rights complaint with the U.S. Department of Health and Human
Services, Office for Civil Rights Complaint Portal, available at
https://ocrportal.hhs.gov/ocr/portal/lobby.jsf, or at: U.S. Department of Health and Human
Services, 200 Independence Avenue SW., Room 509F, HHH Building, Washington, DC 20201,
or at 1-800-368-1019, 800-537-7697 (TDD).
Aetna is the brand name used for products and services provided by one or more of the Aetna group
of subsidiary companies, including Aetna Life Insurance Company, Coventry Health Care plans and
their affiliates (Aetna).
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HHRC-EOC 12.20.2023 ii Evidence of Coverage
Language Assistance
TTY:711
Spanish
Chinese Traditional
Vietnamese
Tagalog
Korean
Armenian
Persian Farsi
Russian
Japanese
Arabic
Punjabi
Mon-Khmer,
Cambodian
Hmong
Hindi
Thai
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HHRC-EOC 12.20.2023 iii Evidence of Coverage
EMPLOYEE ASSISTANCE PROGRAM
COMBINED EVIDENCE OF COVERAGE AND DISCLOSURE FORM
TABLE OF CONTENTS
I. DEFINITIONS ................................................................................................................................................. 2
II. HOW TO OBTAIN BENEFITS ..................................................................................................................... 3
III. EMERGENCY SERVICES ............................................................................................................................ 3
IV. CRISIS INTERVENTION .............................................................................................................................. 4
V. PREPAYMENT OF FEES .............................................................................................................................. 4
VI. CHOICE OF EAP PROVIDERS ................................................................................................................... 4
VII. FACILITIES ..................................................................................................................................................... 4
VIII. LIABILITY OF PLAN / MEMBERS ............................................................................................................ 5
A. LIABILITY OF PLAN .................................................................................................................................... 5
B. LIABILITY OF MEMBERS............................................................................................................................ 5
C. MEMBER LIABILITY TO NON-EAP PROVIDERS ....................................................................................... 5
IX. PROVIDER COMPENSATION .................................................................................................................... 5
X. SECOND OPINION POLICY ....................................................................................................................... 5
XI. ELIGIBILITY/ENROLLMENT/EFFECTIVE DATE OF COVERAGE ................................................ 6
XII. TERMINATION OF BENEFITS ................................................................................................................... 6
A. CANCELLATION OF GROUP CONTRACT FOR NONPAYMENT OF PREMIUMS ........................................... 6
B. REINSTATEMENT OF THE CONTRACT AFTER CANCELLATION ................................................................ 6
C. MEMBER TERMINATION FOR NON-ELIGIBILITY ..................................................................................... 7
D. TERMINATION FOR GOOD CAUSE ............................................................................................................. 7
XIII. CONTINUITY OF CARE ............................................................................................................................... 8
A. NEW MEMBERS .......................................................................................................................................... 8
1) Eligibility ............................................................................................................................................. 8
2) Access .................................................................................................................................................. 8
B. TERMINATED EAP PROVIDERS ................................................................................................................. 9
XIV. CONTINUATION OF GROUP COVERAGE ............................................................................................. 9
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HHRC-EOC 12.20.2023 iv Evidence of Coverage
A. COBRA CONTINUATION OF COVERAGE.................................................................................................. 9
B. CAL-COBRA CONTINUATION OF COVERAGE ......................................................................................... 9
1) Eligibility for Cal-COBRA Continuation Coverage ......................................................................... 9
2) Notification of Qualifying Events .................................................................................................... 10
3) Cal-COBRA Enrollment and Premium Information ..................................................................... 10
4) Termination of Cal-COBRA Continuation Coverage..................................................................... 11
XV. COMPLAINT AND GRIEVANCE PROCEDURE ................................................................................... 12
XVI. MISCELLANEOUS ...................................................................................................................................... 14
A. CONFIDENTIALITY POLICY ..................................................................................................................... 14
B. MEMBER CONSENT .................................................................................................................................. 14
C. PLAN’S POLICIES ..................................................................................................................................... 14
D. PLAN’S PUBLIC POLICY COMMITTEE..................................................................................................... 14
E. TERM AND RENEWAL PROVISIONS.......................................................................................................... 14
F. IMPORTANT INFORMATION ABOUT ORGAN AND TISSUE DONATIONS ................................................... 14
SCHEDULE OF BENEFITS, LIMITATIONS, AND EXCLUSIONS ................................................................... 16
A. BENEFITS .................................................................................................................................................. 16
B. LIMITATIONS ............................................................................................................................................ 16
C. EXCLUSIONS ............................................................................................................................................. 16
COMPARISON OF BENEFITS ................................................................................................................................. 18
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HHRC-EOC 12.20.2023 1 Evidence of Coverage
HEALTH AND HUMAN RESOURCE CENTER
(dba AETNA RESOURCES FOR LIVING)
9350 Waxie Way, Suite 210
San Diego, CA 92123
1-800-342-8111
EMPLOYEE ASSISTANCE PROGRAM
COMBINED EVIDENCE OF COVERAGE AND DISCLOSURE FORM
The Employee Assistance Program (EAP) is being offered by your employer to provide you with
confidential assistance from licensed mental health professionals. These professionals can help with
problems affecting your life at work as well as at home. Such problems include marital issues, family
relationships, depression and anxiety, alcohol and drug issues, and/or problems within the
workplace.
The EAP counselors will conduct a thorough assessment of your problem and together with you will
decide on an action plan that will either resolve the issue within the EAP sessions or will refer you
to appropriate providers and/or community resources that have been reviewed by the EAP. Your
involvement with the EAP counselor will be at no cost to you.
This Combined Evidence of Coverage and Disclosure Form constitutes only a summary of the
health plan. The EAP Services Agreement must be consulted to determine the exact terms and
conditions of coverage. A copy of the agreement will be furnished on request and is available
from your employer.
This Combined Evidence of Coverage and Disclosure Form discloses the terms and conditions of
coverage. It also provides you with important information on how to obtain Benefits and the
circumstances under which Benefits will be provided to you. PLEASE READ IT CAREFULLY.
Individuals with special health care needs should read carefully those sections that apply to them.
Keep this publication in a safe place where you can easily refer to it when you are in need of
Benefits.
Contact Plan at 1-800-342-8111 to receive additional information about Benefits.
Enclosed as Exhibit B is Plan’s matrix of covered services.
EAP Plans - IMPORTANT: Can you read this document? If not, we can have somebody help you
read it. You may also be able to get this document written in your language. For free help, please
call right away at 1-877-287-0117.
Planes EAP - IMPORTANTE: ¿Puede leer esta documento? En caso de no poder leerla, le
brindamos nuestra ayuda. También puede obtener esta documento escrita en su idioma. Para obtener
ayuda gratuita, por favor llame de inmediato al 1-877-287-0117.
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HHRC-EOC 12.20.2023 2 Evidence of Coverage
I. DEFINITIONS
The following terms have the following meanings for purposes of this Combined Evidence of
Coverage and Disclosure Form.
A. "Act" means the Knox-Keene Health Care Service Plan Act of 1975, as amended
(California Health and Safety Code, Sections 1340 et seq.).
B. "Benefits" means the services to which Members are entitled under an EAP Services
Agreement, and which are described in Exhibit A to this Combined Evidence of Coverage
and Disclosure Form.
C. "EAP Provider" means the licensed assessment and short-term counseling mental health
professionals employed by, or under contract with, Plan to provide Benefits to Members.
D. "EAP Services Agreement" means the Employee Assistance Program (EAP) Services
Agreement between Plan and Group, which establishes the terms and conditions governing
the provision of Benefits to Members by Plan.
E. “Exclusion” means any provision of an EAP Services Agreement whereby coverage for
Benefits is entirely eliminated, and which is set forth in Exhibit A to this Combined
Evidence of Coverage and Disclosure Form.
F. "Plan" means Health and Human Resource Center, Inc., doing business as Aetna Resources
For Living.
G. "Group" means the company that has entered into an EAP Services Agreement with Plan
for Plan to provide Benefits to Members.
H. "Limitation" means any provision of an EAP Services Agreement, other than an Exclusion,
which restricts Benefits, and which is set forth in Exhibit A to this Combined Evidence of
Coverage and Disclosure Form.
I. “Enrollee” means any eligible employee of Group who (1) resides in California and (2)
may be covered under the Act.
J. "Member" means an Enrollee covered by Group, as defined above, the Enrollee’s children
under the age of 26, persons covered under the Enrollee’s health benefit plan, and persons
residing with the Enrollee, including domestic partners of the same or opposite sex.
K. “Emergency Services” means medically necessary transport using the 911 system or
medical screening, examination and evaluation by a physician to determine if an
emergency medical condition or psychiatric emergency medical condition exists.
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HHRC-EOC 12.20.2023 3 Evidence of Coverage
L. “Crisis Intervention” means assessment and problem solving in situations which you feel
require immediate attention. Crisis intervention is available 24 hours per day, 7 days a
week by telephone, and face to face by appointment. To access, call 1-800-342-8111.
M. “Emergency Medical Condition” means a medical condition manifesting itself by acute
symptoms of sufficient severity (including severe pain) such that the absence of immediate
medical attention could reasonably be expected by the Member to result in any of the
following:
Placing the Member’s health in serious jeopardy;
Serious impairment to bodily functions; or
Serious dysfunction of any bodily organ or part.
II. HOW TO OBTAIN BENEFITS
Unless otherwise provided herein, you are entitled to Benefits from an EAP Provider. You must
obtain Benefits by calling 1-800-342-8111. Upon contact, Plan will determine your eligibility
for Benefits and arrange for Benefits.
All Benefits must be provided by Plan or by an EAP Provider referred to by Plan. Local and
toll-free telephone numbers are available to access Benefits. Appointments with EAP Providers
are readily available and, depending on your desire for a particular time and location, most
appointments are offered within forty-eight (48) hours of contact.
Plan does not directly provide specialty services beyond assessment, brief counseling and/or
referral. Plan’s role in the referral process is to function as an advocate for you to obtain
necessary and appropriate levels of care; usually under your group health plan. Your EAP
Provider will assist you in securing potential referral resources.
During or after business hours, any Member may access a licensed mental health professional
for a telephone assessment. The telephone assessor may provide crisis intervention over the
telephone, arrange a same-day appointment with an EAP Provider in your area, or assist you
in obtaining more intensive, acute care services.
III. EMERGENCY SERVICES
Emergency services are medically necessary ambulance and ambulance transport services
provided through the 911 emergency response system and medical screening, examination, and
evaluation by a physician, or other personnel, to the extent provided by law, to determine if an
Emergency Medical Condition or psychiatric emergency medical condition exists; and, if it
does, the care, treatment, and/or surgery by a physician necessary to relieve or eliminate the
Emergency Medical Condition or psychiatric emergency medical condition within the
capabilities of the facility.
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HHRC-EOC 12.20.2023 4 Evidence of Coverage
What To Do When You Require Emergency Services
If you believe that you need Emergency Services, you should call 911 or go to the nearest
emergency medical facility for treatment. Plan does not cover emergency medical services.
It is appropriate for you to use the 911 emergency response system, or alternative emergency
system in your area, for assistance in an emergency situation described above when ambulance
transport services are required and you reasonably believe that your condition is immediate
and serious and requires emergency ambulance transport services to transport you to an
appropriate facility.
IV. CRISIS INTERVENTION
If you need crisis intervention or problem solving, call Plan at 1-800-342-8111. Plan provides
crisis intervention both during and after business hours at this number. A member who is
currently outside Plan’s service area and requires this service can call 1-800-342-8111.
Members can obtain care if they are temporarily outside of Plan’s service area. Members can
also be scheduled for an appointment on an urgent basis following assessment by a licensed
clinician over the telephone.
V. PREPAYMENT OF FEES
The Member does not pay co-payments, deductibles, or fees for Plan. All fees are paid by
Group.
VI. CHOICE OF EAP PROVIDERS
PLEASE READ THE FOLLOWING INFORMATION SO YOU WILL KNOW FROM
WHOM OR WHAT GROUP OF PROVIDERS BENEFITS MAY BE OBTAINED: You
will be referred to an EAP Provider in accordance with your clinical, appointment time, and
location needs. You should call Plan at 1-800-342-8111 to determine the names and locations
of EAP Providers.
EAP contracted providers include licensed psychologists, licensed clinical social workers, and
licensed marriage and family therapists. Psychiatrists are not provided through the EAP.
Members are given names of contracted providers in their area with knowledge in the problem
area that is indicated. You may also request a list of providers, and this will be provided for the
geographic area, customized by specialty, if you prefer.
VII. FACILITIES
The location of Providers is obtained by calling Plan at 1-800-342-8111. If you prefer, a
customized list of providers will be provided upon request. This is arranged by zip code in the
area specialty that you request.
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HHRC-EOC 12.20.2023 5 Evidence of Coverage
VIII. LIABILITY OF PLAN / MEMBERS
A. Liability of Plan
In the event Plan fails to pay EAP Providers for Benefits provided to you, you shall not be
liable to EAP Providers for any sums owed by Plan.
B. Liability of Members
It is not contemplated that Members would make payment to Plan providers for benefits.
If this has occurred, the Member may contact Plan at 1-800-342-8111 to be reimbursed.
There is no restriction on assignment of sums payable to the Member by the health plan.
C. Member Liability to Non-EAP Providers
You may be liable to non-EAP Providers for the cost of services rendered when such
services are not authorized or referred by Plan.
IX. PROVIDER COMPENSATION
Members may request information about Plan’s EAP Provider reimbursement policies and
procedures by contacting Plan’s Manager, Provider Relations, at 1-800-342-8111 or the
Member’s EAP Provider.
X. SECOND OPINION POLICY
You may request a second opinion regarding both treatment recommended by the treating EAP
Provider and treatment desired by you. Plan will authorize second opinions where the second
opinion is consistent with professionally recognized standards of practice. The second opinion
request will not result in a change in what is and is not a Benefit as described in the EAP
Services Agreement and this Combined Evidence of Coverage and Disclosure Form. Plan may
deny coverage for second opinion requests for services not listed as Benefits in the EAP
Services Agreement and this Combined Evidence of Coverage and Disclosure Form. If Plan
denies such a request, you will bear the financial responsibility for any self-directed second
opinion. There will be no cost to you if the second opinion is received from an EAP Provider
under contract with Plan. If you request a second opinion from a provider not under contract
with Plan, you must provide an explanation as to why an EAP Provider cannot render such an
opinion. Plan’s Medical Director shall review the request to determine whether there is an EAP
Provider qualified to render a second opinion.
Requests for second opinions may be made by contacting the Director, Clinical Quality
Improvement at (1-800-342-8111) or in writing to 9350 Waxie Way, Suite 210, San Diego, CA
92123. All requests for second opinions shall be processed and approved or denied by Plan
within five (5) business days of receipt. Requests related to urgent care or crisis intervention
shall be processed and approved or denied within forty-eight (48) hours of receipt.
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XI. ELIGIBILITY/ENROLLMENT/EFFECTIVE DATE OF COVERAGE
All Enrollees identified by Group prior to the effective date of the EAP Services Agreement
and all persons covered under the identified Enrollee’s health benefit plan or residing with the
identified Enrollee shall be entitled to Benefits as of such effective date. Group shall be
responsible for notifying Plan of any Enrollee who becomes newly eligible after the effective
date of the EAP Services Agreement. Plan shall rely upon the determination by Group as to
which Enrollees are eligible for Benefits under the EAP Services Agreement. Any disputes or
inquiries regarding eligibility, including rights regarding renewal, reinstatement and the like,
shall be referred by Plan to Group, which shall then advise Plan of its determination with
respect to the matter.
XII. TERMINATION OF BENEFITS
Usually, your enrollment in the plan terminates when Group or Enrollee is no longer eligible
for coverage under the employer’s EAP plan. In most instances, Group determines the date in
which coverage will terminate. Coverage can be terminated, however, because of other
circumstances as well, which are described below.
A. Cancellation of Group Contract for Nonpayment of Premiums
Continuing coverage under this EAP Plan is subject to the terms and conditions of Group’s
EAP Services Agreement with Plan. If the EAP Services Agreement is cancelled because
Group failed to pay the required premiums when due, then coverage for you and all your
dependents will end 15 days after Group mails you the Notice Confirming Termination of
Coverage.
Plan will mail your Group a notice at least 30 days before any cancellation of coverage.
This Prospective Notice of Cancellation will provide information to your Group regarding
the consequences of your Group’s failure to pay the premiums due within 15 days of the
date the notice was mailed.
If payment is not received from Group within 15 days of the date the Prospective Notice
of Cancellation is mailed, Plan will mail Group a Notice Confirming Termination of
Coverage, which Group will then forward to you. This notice will provide you with the
following information:
1) That Group’s EAP Services Agreement has been cancelled for non-payment of
premiums;
2) The specific date and time when Group coverage ends, which will be no sooner than
15 days after the Notice Confirming Termination of Coverage is mailed to you.
B. Reinstatement of the Contract after Cancellation
If Group’s EAP Services Agreement is cancelled for Group’s nonpayment of premiums,
then Plan will permit reinstatement of Group’s Agreement if Group pays the amounts owed
within 15 days of the date of the Notice Confirming Termination is mailed to Group.
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HHRC-EOC 12.20.2023 7 Evidence of Coverage
C. Member Termination for Non-Eligibility
In addition to terminating the EAP Services Agreement, Plan may terminate a Member’s
coverage for any of the following reasons:
Member no longer meets eligibility requirements established by Group and/or Plan;
Member lives or works outside Plan’s service area and does not work inside Plan’s
service area (except for a child who is covered as a dependent).
Ending Coverage – Special Circumstances for Enrolled Family Members.
Enrolled Family Members terminate on the same date of termination as Group. If there is
a divorce, the spouse loses eligibility at the end of the month in which a final judgment or
decree of dissolution of marriage is entered. Dependent children lose their eligibility when
they reach the limiting age of 26 and do not qualify for extended coverage as a disabled
dependent.
D. Termination for Good Cause
Plan has the right to terminate your coverage under this EAP Plan in the following situation:
Fraud or Misrepresentation. Your coverage may be terminated if you knowingly
provide false information (or misrepresent a meaningful fact) on your enrollment form
or fraudulently or deceptively use services or facilities of Plan and/or Plan’s
participating Providers (or knowingly allow another person to do the same).
Termination is effective immediately on the date Plan mails the Notice of Termination,
unless Plan has specified a later date in that notice.
If coverage is terminated for the above reason, you forfeit all rights to enroll in the COBRA
Plan.
Under no circumstances will a Member be terminated due to health status or the need for
EAP Services. Any Member who believes his or her enrollment has been terminated due
to the Member’s health status or requirements for EAP Services may request a review of
the termination by the California Department of Managed Health Care. For more
information, contact our Customer Service Department.
NOTE: If the EAP Services Agreement is terminated by Plan, reinstatement with Plan is
subject to all terms and conditions of the EAP Services Agreement between Plan and the
employer.
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HHRC-EOC 12.20.2023 8 Evidence of Coverage
XIII. CONTINUITY OF CARE
A. New Members
1) Eligibility
Any newly covered Member with an acute, serious, chronic, or other mental health
condition who has been receiving services from a licensed mental health provider who
is not on Plan’s panel is eligible for continuation of care. This does not include the
services of psychiatrists, as the EAP benefit does not include psychiatric care. If you
are newly covered under the EAP, you will be offered the option of continued care with
your non-plan provider through the EAP. The Manager of Provider Relations or the
Director of Clinical Services will review all requests for continued care with a non-plan
provider. Consideration will be given to the potential clinical effect that a change of
provider would have on your treatment for the condition. Notification of the referral
acceptance is by telephone and a referral confirmation to the provider. If the provider
declines to provide services, you will be notified in writing.
2) Access
You may access the services of the provider by calling Plan and indicating to the intake
person that you have an ongoing client-patient relationship with the Provider. You then
should ask the Provider to call and provide information to Provider Relations to be
added to the panel for you. The non-plan provider must agree to continue until one of
the following occurs:
a. The episode of care is completed.
b. Your benefit is exhausted, in which case you will be transitioned to other ongoing
care.
c. A reasonable transition period is determined on a case-by-case basis, during which
time you would continue to see the non-plan provider. The decision as to how long
this time will be takes into consideration the severity of your condition and the
amount of time reasonably necessary to effect a safe transfer. This will be
determined on a case-by-case basis with input from you and the therapist as to when
it is safe to transition you to another provider, or into the full service health plan.
The Medical Director will be consulted on these decisions.
The following conditions must be met to receive continuing care services from a
licensed mental health provider who is not on Plan’s panel:
a. Plan must authorize the continuing care.
b. Requested treatment must be a covered benefit under Group’s EAP Services
Agreement with Plan.
c. The non-plan provider must agree in writing to the same contractual terms as a plan
provider, which includes payment rates.
d. Member must be new to Plan.
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B. Terminated EAP Providers
Should Plan terminate an EAP Provider for reasons other than a disciplinary cause, fraud,
or other criminal activity, you may be able to continue receiving Benefits from the
terminated provider following the termination, if the provider agrees in writing to continue
to provide Benefits under the terms and conditions of his/her agreement with Plan. To
inquire about continued care, you should contact the Member Services Department.
XIV. CONTINUATION OF GROUP COVERAGE
A. COBRA Continuation of Coverage
If Group is subject to the Consolidated Omnibus Budget Reconciliation Act (COBRA) of
1985, as amended, you may be entitled to continuation of Group coverage under that act
(COBRA Coverage). You may qualify for COBRA Coverage if you lose Group coverage
due to the occurrence of certain qualifying events. Such events include, but are not limited
to:
Termination or separation from employment for reasons other than gross misconduct.
Reduction of work hours.
Death of the Participant.
Termination of eligibility of a spouse due to divorce or legal separation.
Termination of eligibility of a dependent child.
Covered dependent if Member becomes eligible for Medicare
COBRA Coverage extends up to thirty-six (36) months, depending upon your qualifying
event. COBRA Coverage may be terminated on the occurrence of certain events, including
you becoming eligible for coverage under Medicare. In addition, COBRA Coverage is not
available to certain Members, including those Members who have certain other coverage
at the time of the qualifying event. You may obtain complete information on COBRA
qualifying events, COBRA Coverage termination circumstances, and ineligibility for
COBRA Coverage from Group.
Group is responsible for providing you with notice of your right to receive COBRA
Coverage. You must provide Group, or Group’s COBRA administrator, with a written
request for COBRA Coverage within sixty (60) days of eligibility for such coverage or
receipt of notice of the qualifying event. Qualified Members must make payment of
Periodic Fees within forty-five (45) days of such written request. Members whose
continuation of coverage under COBRA will expire may be eligible for continuation of
coverage under Cal-COBRA.
B. Cal-COBRA Continuation of Coverage
1) Eligibility for Cal-COBRA Continuation Coverage
If Group is subject to the California Continuing Benefits Replacement Act (Cal-
COBRA), Members may be entitled to continuation of Group coverage under that act
(Cal-COBRA Coverage). Group is subject to Cal-COBRA continuation coverage if it:
a) employs 2 – 19 employees on at least 50% of its working days during the preceding
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calendar year; or if the employer was not in business during any part of the previous
year and employed 2 – 19 eligible employees on at least 50% of its working days during
the previous calendar quarter; b) is not subject to the federal Consolidated Omnibus
Budget Reconciliation Act of 1985, as amended (COBRA). If your employer is subject
to Cal-COBRA, you and your dependents may qualify for Cal-COBRA if you would
lose coverage due to one of the following Qualifying Events:
Termination of employment or reduction in work hours for reasons other than gross
misconduct.
Death of Enrollee.
Termination of eligibility of a spouse due to divorce or legal separation.
Termination of eligibility of a dependent child.
Covered dependent if Member is entitled to Medicare.
Member whose COBRA coverage will expire.
Cal-COBRA Coverage extends for up to thirty-six (36) months from the Qualifying
Event unless earlier terminated by the occurrence of certain events.
Group is responsible for providing you with notice of your right to receive Cal-COBRA
Coverage. You must provide Group, or Group’s COBRA administrator, with a written
request for Cal-COBRA Coverage within sixty (60) days of eligibility for such
coverage or receipt of notice of the Qualifying Event. Qualified Members must make
payment of Periodic Fees within forty-five (45) days of such written request.
2) Notification of Qualifying Events
It is the responsibility of the Member to notify Group of the occurrence of any of the
Qualifying Events noted below within sixty (60) days:
Subscriber’s death.
Spouse ceases to be eligible due to divorce or legal separation.
Loss of dependent status by a Dependent enrolled in the group benefit plan.
With respect to a covered Dependent only, the Subscriber’s entitlement to
Medicare.
Group must notify Plan within thirty (30) days of a termination of employment or
reduction in work hours, which would result in ending coverage under the Member’s
group benefit plan. Failure to notify Plan within sixty (60) days of the occurrence of a
Qualifying Event will disqualify the Member from receiving continuation coverage.
Notifications of a Qualifying Event are generally made to Group, or Group’s COBRA
administrator.
3) Cal-COBRA Enrollment and Premium Information
Within fourteen (14) days of receiving notification of a Qualifying Event, Group, or
Group’s COBRA administrator, will send enrollment and premium information,
including a Cal-COBRA Election Form. You must return the completed Cal-COBRA
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Election Form within the required time period. The Cal-COBRA Election Form must
be received within sixty (60) days of the latest of these occurrences:
The date coverage under the plan was terminated or will terminate due to a
Qualifying Event; or
The date you were sent the Cal-COBRA enrollment and premium information.
Your Cal-COBRA premium payment must be received within forty-five 45 days of the
date that your Cal-COBRA Election Form was received. Failure to send the correct
premium amount within forty-five (45) days will disqualify you from continuation
coverage under Cal-COBRA. The first premium payment equals the amount of all
premiums due from the first month following the Qualifying Event through the current
month. After the initial payment, Cal-COBRA premiums are due on the first day of
each month. The Cal-COBRA premium is generally 110% of the premium charged to
Group for employees. Your enrollment in Cal-COBRA will not occur until both your
Cal-COBRA Election Form and your first Cal COBRA premium payment have been
received.
4) Termination of Cal-COBRA Continuation Coverage
Usually, a Member’s Cal-COBRA continuation coverage will last up to thirty-six (36)
months. The continuation coverage shall end automatically if the individual becomes
eligible for Medicare or becomes covered under any group health plan not maintained
by the employer or any other health plan, regardless of whether that coverage is less
valuable. Member’s Cal-COBRA continuation coverage may terminate early if:
Member moves out of Plan’s service area; Member does not pay the required premium
within fifteen (15) days of it being due; Member commits fraud or deception in using
Plan’s services; Member obtains other group coverage.
If the group benefit plan is terminated prior to the date that a Member’s Cal-COBRA
continuation coverage would expire, Member’s coverage with Plan will expire.
Member has the opportunity to continue coverage under any group benefit plan
purchased by Group. If Group purchases a new plan, that plan will send Member
premium information and enrollment forms. Member may continue coverage for the
remainder of the Cal-COBRA continuation period. It is important for Member to keep
Plan and Group updated if there are any changes of address. Cal-COBRA continuation
coverage will terminate if Member fails to enroll and pay premiums to the new group
benefit plan within thirty (30) days after receiving notification of the termination of
Plan’s group benefit plan.
If Group changes its EAP benefit to another plan, Member’s coverage with Plan will
expire, and Member will be given the opportunity to continue coverage with the new
plan. The new plan is required to provide coverage for the balance of the Cal-COBRA
continuation coverage period.
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XV. COMPLAINT AND GRIEVANCE PROCEDURE
A grievance is a written or oral expression of dissatisfaction regarding Plan and/or an EAP
Provider, including quality of care concerns, and includes a complaint, dispute, request for
reconsideration, or appeal made by you or your representative. A complaint is the same as a
grievance.
You are entitled to present complaints and grievances within one year of the occurrence. Plan
is obliged to seek to resolve such complaints and grievances in a timely fashion. Plan has
established a procedure for processing and resolving your complaints and grievances.
Should you desire to register a complaint or grievance with Plan concerning Benefits, you can
either call Plan at the toll-free telephone number 1-800-342-8111, or access Plan’s website at
www.resourcesforliving.com to either download the complaint form or to fill it out online. To
request a copy of Plan’s complaint form, write directly to Plan at 9350 Waxie Way, Suite 210,
San Diego, CA 92123. The telephone call or letter should be addressed to the Director, Clinical
Quality Improvement. Plan will acknowledge each complaint and grievance within five (5)
days of receipt. The Director, Clinical Quality Improvement will receive and investigate all
Member complaints and grievances. The Director, Clinical Quality Improvement will respond
to you stating the disposition and the rationale within thirty (30) days of receipt of the
grievance. If the grievance is not resolved to your satisfaction, a second level of review may
be requested within ten (10) days of notification of such disposition. Any such request will be
reviewed by the Medical Director and responded to within seventy-two (72) hours of receipt.
Linguistic and cultural needs will be addressed by translation of grievance forms and
procedures into languages other than English. Using TTY lines and varying the means by
which an Enrollee may submit a grievance, including verbally to Plan’s staff (bi-lingual
capability), on website (Spanish and English), verbally by provider (multi-language
capability), or interpreter. This allows Enrollees to submit grievances in a linguistically
appropriate manner. When an Enrollee is seen with the aid of an interpreter, the interpreter or
counselor reading this statement will explain the information that is normally provided in a
written format.
If you have a complaint or grievance about the services you have received, or will receive in
the future, you may notify your counselor (or interpreter), who will supply them with a
grievance form and a description of the process. If you wish to submit the grievance through
your counselor or interpreter, you may do so.
Visually impaired clients may phone the Director of Quality Improvement directly at 1-800-
342-8111. The Director, Quality Improvement, will describe the grievance procedure and take
the grievance information. In this case, the appropriate letters would be sent, and the client
contacted by telephone so that the letter can be read. Hearing impaired clients may file a
grievance using the telephone number 858-712-1080 to contact Plan.
If the complaint or grievance involves a delay, modification, or denial of service related to a
clinically emergent or urgent situation, the review will be expedited and a response provided
in writing to you within three (3) days from receipt of the complaint or grievance. There is no
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requirement that you participate in Plan’s grievance process before requesting a review by the
California Department of Managed Care (Department) in the case of an urgent or emergent
grievance. The criteria for determining emergent situations are whether you are assessed to be
at imminent risk to seriously harm yourself or another person, or are so impaired in judgment
as to destroy property or be unable to care for your own basic needs. The criteria for
determining urgent situations are whether you are assessed to be significantly distressed, and
are in any medical danger due to the level of the problem, or are experiencing a reduced level
of functioning due to more than a moderate impairment resulting in an inability to function in
key family/work roles.
You, or the agent acting on your behalf, may also request voluntary mediation with Plan prior
to exercising the right to submit a grievance to the Department. The use of mediation services
will not preclude your right to submit a grievance to the Department upon completion of the
mediation. In order to initiate mediation, you, or the agent acting on your behalf, and Plan will
voluntarily agree to mediation. Expenses for the mediation will be borne equally by the parties.
The Department will have no administrative or enforcement responsibilities in connection with
the voluntary mediation process. Mediations will take place in San Diego, California unless
otherwise determined by the parties.
Pursuant to Section 1365(b) of the Act, any Member who alleges his enrollment has been
canceled or not renewed because of his health status or requirement for services may request
review by the Department.
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 (1-800-342-8111) and use your health plan’s grievance process before contacting
the department. Utilizing this grievance procedure does not prohibit any potential 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 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 a health plan 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 website http://www.hmohelp.ca.gov has complaint
forms, IMR application forms and instructions online.
Plan’s grievance process and the Department’s complaint review process are in addition to any
other dispute resolution procedures that may be available to you, and your failure to use these
processes does not preclude your use of any other remedy provided by law.
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XVI. MISCELLANEOUS
A. Confidentiality Policy
A STATEMENT DESCRIBING PLAN’S POLICIES AND PROCEDURES FOR
PRESERVING THE CONFIDENTIALITY OF MEDICAL RECORDS IS AVAILABLE
AND WILL BE FURNISHED TO A MEMBER UPON REQUEST.
B. Member Consent
Under the EAP Services Agreement, Group makes Benefits which are consistent with
professionally recognized standards of practice, available to Members. The EAP Services
Agreement is subject to amendment, modification or termination, in accordance with the
provisions thereof, or by mutual agreement between Plan and Group, without the consent
or concurrence of Members. By accepting Benefits hereunder, all Members legally capable
of contracting, and the legal representatives of all Members incapable of contracting, agree
to all terms, conditions and provisions of the EAP Services Agreement.
C. Plan’s Policies
Plan may adopt reasonable policies, procedures, rules and interpretations to promote
orderly and efficient administration of the EAP Services Agreement.
D. Plan’s Public Policy Committee
Plan has established a Public Policy Committee that includes, among others, Members of
Groups that have contracted with Plan for Benefits. This committee meets quarterly and
Plan’s Board of Directors reviews the reports and recommendations of the committee. Any
Member desiring more information about this committee should contact Plan at 1-800-342-
8111.
E. Term and Renewal Provisions
The initial term of the EAP Services Agreement is thirty-six (36) months. Thereafter the
agreement is automatically renewed for successive twelve (12) month periods, subject to
the termination provisions contained therein.
F. Important Information about Organ and Tissue Donations
Organ and tissue transplants have helped thousands of people with a variety of problems.
The need for donated organs, corneas, skin, bone and tissue continues to grow beyond the
supply. Organ and tissue donation provides you with an opportunity to help others. Almost
anyone can become a donor. There is no age limit. If you have questions or concerns you
may wish to discuss them with your doctor, your family, or your clergy.
Resources for Information:
For information and donor card call 1-800-355-SHARE.
Request donor information from the Department of Motor Vehicles.
On the Internet, contact All About Transplantation and Donation (www.transweb.org).
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Department of Health and Human Services, contact http://www.organdonor.gov.
Share your decision with family.
If you decide to become a donor:
Sign the donor card in the presence of family members.
Have your family sign as witnesses and pledge to carry out your wishes.
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EXHIBIT A
SCHEDULE OF BENEFITS, LIMITATIONS, AND EXCLUSIONS
I Employee Assistance Program
A. Benefits
1) Individual, couple, or family assessment and brief counseling for personal, marital,
family, relationship, work-related, and alcohol or substance abuse problems. Brief
counseling is provided when, in the judgment of the EAP provider, the issues meet
community standards of practice for brief counseling within Eight (8) private counseling
sessions per separate incident. A “session” is defined as either an in-person or telephone
consultation with the Member, of approximately one hour in duration. Sessions are used
to identify or work on resolving the issues or conditions that the Member is
experiencing. A new incident for the same Member would involve different issues or
conditions. Benefits will be consistent with professionally recognized standards of
practice. A separate incident involves a single underlying issue or condition, regardless
of the number of same or different events involving the issue or condition. Plan shall
make the clinical determination as to what constitutes a separate incident.
2) Referrals are offered to Members whose problem cannot be resolved within the scope
of the Eight (8) sessions per separate incident. The EAP Provider works with the
Member to identify resources of an appropriate type and level of care beyond the benefit.
3) Referrals to other resources are offered to Members if the type of care is outside of the
scope of practice of this benefit.
4) 24-hour crisis hotline, 7 days/week.
5) Referrals for legal consultation.
6) Referrals for financial counseling.
7) Identity theft consultation.
B. Limitations
1) The Benefits provided to Members by Plan are limited in nature as described in sections
1-7 above.
2) Plan will make a good faith effort to provide or arrange for the provision of Benefits to
Members, in the event of certain circumstances, such as major disaster, epidemic, riot
or civil insurrection.
C. Exclusions
1) Inpatient treatment of any kind, or outpatient treatment for any medically treated illness.
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2) Psychiatrist services.
3) Prescription drugs.
4) Counseling services beyond the number of sessions covered by the benefit.
5) Services by counselors who are not Participating Providers.
6) Court ordered treatment or therapy, or any treatment or therapy ordered as a condition
of parole, probation, custody, or visitation evaluations, or paid for by Workers’
Compensation.
7) Formal psychological evaluations which normally involve psychological testing and
result in a written report.
8) Fitness for duty evaluations which are used to evaluate whether an employee is safely
able to perform his or her duties. This typically includes psychological testing and a
written report.
9) Investment advice (nor does Plan loan money or pay bills).
10) Legal representation in court, preparation of legal documents, or advice in the areas of
taxes, patents, or immigration.
II. Telephonic WorkLife Program Services
A. Benefits
Our exclusive, phone-based program designed to assist members with a full range of
WorkLife issues. Members are connected with WorkLife specialists who can assist them
with child and elder care issues, temporary care, special needs, disaster relief, personal and
convenience services, and many other needs.
B. Limited Liability
Plan makes no warranties, expressed or implied, with respect to any information, service
or product provided by a WorkLife referral or on-line assessment provided to Members
(“Referees”) and all such warranties are expressly disclaimed by Plan and waived by
Group. Referrals to “Referees” do not imply an endorsement, recommendation, or approval
by Plan of the particular information, service, or product provided to the Referee. While
Plan makes every effort to make appropriate referrals for Members, Plan does not guarantee
the accuracy of the information, or the quality or appropriateness of the services or products
provided to the Referee. The decision about any information, products, or services to a
Referee must be made by the Members themselves or Group, as applicable.
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EXHIBIT B
COMPARISON OF BENEFITS
The Employee Assistance Program (EAP) is being offered by your employer to provide you with
confidential assistance from licensed mental health professionals. These professionals can help with
problems affecting your life at work as well as at home. Such problems include marital issues, family
relationships, depression and anxiety, alcohol and drug issues, and/or problems within the
workplace.
THIS MATRIX IS INTENDED TO BE USED TO HELP YOU COMPARE COVERAGE
BENEFITS AND IS A SUMMARY ONLY. THE COMBINED EVIDENCE OF COVERAGE
AND DISCLOSURE FORM AND THE EAP SERVICES AGREEMENT SHOULD BE
CONSULTED FOR A DETAILED DESCRIPTION OF BENEFITS, LIMITATIONS AND
EXCLUSIONS.
A. Deductible Not applicable
B. Lifetime Maximum Not applicable
C. Professional Services The EAP provides:
Psychosocial Assessment
Treatment Referrals and Resources for Psychosocial Problems
24-hour Crisis Telephone Access
Eight (8) Counseling Sessions Per Incident
Legal Referrals
Financial Counseling Referrals
Identity Theft Consultation
D. Outpatient Services Please see Item C: Professional Services
E. Hospitalization Services None
F. Emergency Health Coverage Please see Item C: Professional Services
G. Ambulance Services None
H. Prescription Drug Coverage None
I. Durable Medical Services None
J. Mental Health Services Please see Item C: Professional Services
K Chemical Dependency Services Please see Item C: Professional Services
L. Home Health Services None
M. Other None
Members pay no co-payment. Coverage is limited to: a) eligible employees; b) the eligible
employee’s children under the age of 26; c) persons covered under the eligible employee’s health
benefit plan; d) persons residing with the eligible employee, including domestic partners of the same
or opposite sex.
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v . 0 0 5 P a g e | 1
December 16, 2025
ITEM TITLE
Employee Compensation: Approve the Revised Compensation Schedule that Reflects Scheduled Salary
Adjustments for Certain Employee Groups
Report Number: 25-0304
Location: No specific geographic location
Department: Human Resources
G.C. § 84308 Regulations Apply: No
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.
Recommended Action
Adopt a resolution approving the revised Fiscal Year 2025-26 Compensation Schedule effective January 9,
2026, as required by the California Code of Regulations, Title 2, Section 570.5.
SUMMARY
California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring
employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets
certain requirements, including approval by the City’s governing body in accordance with the requirements
of applicable public meeting laws. The revised Fiscal Year 2025-26 Compensation Schedule ("Compensation
Schedule") was last approved by the City Council at their meeting on December 2, 2025.
Staff is recommending approval of the revised Fiscal Year 2025-26 Compensation Schedule effective January
9, 2026, to reflect the scheduled salary adjustments for certain employee groups.
ENVIRONMENTAL REVIEW
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
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P a g e | 2
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 is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring
employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets
certain requirements, including approval by the City’s governing body in accordance with the requirements
of applicable public meeting laws. The revised Fiscal Year 2025-26 Compensation Schedule ("Compensation
Schedule") was last approved by the City Council at their meeting on December 2, 2025.
Staff is recommending approval of the revised Fiscal Year 2025-26 Compensation Schedule effective January
9, 2026, to reflect the scheduled salary adjustments previously approved by Council for the following
employee groups, as included in their respective memoranda of understanding or Compensation Summary
for Unrepresented Employees: International Association of Fire Fighters, Local 2180 (IAFF); Chula Vista Mid-
Managers/Professional Association (MM/PROF); Western Council of Engineers (WCE); unrepresented Mid-
Managers/Professionals; and unclassified, hourly position titles with a represented or unrepresented
counterpart receiving a salary adjustment effective January 9, 2026.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the City Council members do not create 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.
CURRENT-YEAR FISCAL IMPACT
The January 2026 salary adjustments were included in the fiscal year 2025-26 adopted budget. There is no
new fiscal impact as a result of this action.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact associated with this action.
ATTACHMENT
1. Revised Fiscal Year 2025-26 Compensation Schedule effective January 9, 2026
Staff Contact: Tanya Tomlinson, Director of Human Resources/Risk Management
Page 229 of 439
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December 16, 2025 Post City Council Agenda
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE REVISED FISCAL YEAR
2025-26 COMPENSATION SCHEDULE EFFECTIVE
JANUARY 9, 2026, AS REQUIRED BY CALIFORNIA CODE
OF REGULATIONS, TITLE 2, SECTION 570.5
WHEREAS, California Code of Regulations, Title 2, Section 570.5 requires that, for
purposes of determining a retiring employee's pension allowance, the pay rate be limited to the
amount listed on a pay schedule that meets certain requirements, including approval by the City’s
governing body in accordance with the requirements of applicable public meeting laws; and
WHEREAS, the Fiscal Year 2025-26 Compensation Schedule ("Compensation
Schedule") was approved by the City Council at their meeting December 2, 2025; and
WHEREAS, any changes including, but not limited to, across-the-board increases,
classification changes and salary adjustments, approved subsequent to the date of approval, must
be reflected on a revised Compensation Schedule and submitted to the City Council for approval;
and
WHEREAS, the revised Fiscal Year 2025-26 Compensation Schedule effective January
9, 2026, reflects the scheduled salary adjustments for the following employee groups, as included
in their respective memoranda of understanding or Compensation Summary for Unrepresented
Employees: International Association of Fire Fighters, Local 2180 (IAFF); Chula Vista Mid-
Managers/Professional Association (MM/PROF); Western Council of Engineers (WCE);
unrepresented Mid-Managers/Professionals; and unclassified, hourly position titles with a
represented or unrepresented counterpart receiving a salary adjustment effective January 9, 2026.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it hereby does adopt, as required by California Code of Regulations Title 2, Section 570.5, the
revised Fiscal Year 2025-26 Compensation Schedule effective January 9, 2026, in the form
presented, a copy of which is available in the City Clerk’s Office, that reflects the scheduled salary
adjustments for the following employee groups, as included in their respective memoranda of
understanding or Compensation Summary for Unrepresented Employees: International
Association of Fire Fighters, Local 2180 (IAFF); Chula Vista Mid-Managers/Professional
Association (MM/PROF); Western Council of Engineers (WCE); unrepresented Mid-
Managers/Professionals; and unclassified, hourly position titles with a represented or
unrepresented counterpart receiving a salary adjustment effective January 9, 2026.
Presented by Approved as to form by
Tanya Tomlinson Marco A. Verdugo
Director of Human Resources/Risk Management City Attorney
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Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 1 of 74
3633 CONF ACCOUNTANT
0 35.02 2,801.95
1 36.78 2,942.04
2 38.61 3,089.14
3 40.55 3,243.60
4 42.57 3,405.78
3641 ACE ACCOUNTING ASSISTANT
0 25.47 2,037.47
1 26.74 2,139.34
2 28.08 2,246.31
3 29.48 2,358.63
4 30.96 2,476.56
3643 CONF ACCOUNTING TECHNICIAN
0 29.90 2,391.82
1 31.39 2,511.41
2 32.96 2,636.98
3 34.61 2,768.83
4 36.34 2,907.27
3675 ACE ACCOUNTING TECHNICIAN
0 29.90 2,391.82
1 31.39 2,511.41
2 32.96 2,636.98
3 34.61 2,768.83
4 36.34 2,907.27
3677 ACE ACCOUNTING TECHNICIAN II (T)
0 32.22 2,577.39
1 33.83 2,706.27
2 35.52 2,841.58
3 37.30 2,983.66
4 39.16 3,132.84
3645 ACE ACCOUNTS PAYABLE SUPERVISOR
0 37.05 2,963.99
1 38.90 3,112.19
2 40.85 3,267.80
3 42.89 3,431.19
4 45.03 3,602.75
0149 CONF ADMINISTRATIVE SECRETARY
0 31.47 2,517.85
1 33.05 2,643.74
2 34.70 2,775.93
3 36.43 2,914.73
4 38.26 3,060.47
Page 231 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 2 of 74
0179 ACE ADMINISTRATIVE SECRETARY
0 31.47 2,517.85
1 33.05 2,643.74
2 34.70 2,775.93
3 36.43 2,914.73
4 38.26 3,060.47
0154 CONF ADMINISTRATIVE SECRETARY-MAYOR
0 31.47 2,517.85
1 33.05 2,643.74
2 34.70 2,775.93
3 36.43 2,914.73
4 38.26 3,060.47
0215 SM ADMINISTRATIVE SERVICES MGR
0 53.77 4,301.57
1 -- --
2 -- --
3 -- --
4 65.36 5,228.58
0181 ACE ADMINISTRATIVE TECHNICIAN
0 31.47 2,517.85
1 33.05 2,643.74
2 34.70 2,775.93
3 36.43 2,914.73
4 38.26 3,060.47
5316 UCHR ANIMAL CARE AIDE
0 17.25 --
1 18.11 --
2 19.02 --
3 19.97 --
4 20.97 --
5317 ACE ANIMAL CARE FACILITY SUPV
0 38.68 3,094.67
1 40.62 3,249.39
2 42.65 3,411.87
3 44.78 3,582.46
4 47.02 3,761.58
5343 ACE ANIMAL CARE SPECIALIST
0 24.38 1,950.01
1 25.59 2,047.51
2 26.87 2,149.89
3 28.22 2,257.37
4 29.63 2,370.25
Page 232 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 3 of 74
5344 UCHR ANIMAL CARE SPECIALIST
0 24.38 --
1 25.59 --
2 26.87 --
3 28.22 --
4 29.63 --
5319 ACE ANIMAL CARE SUPERVISOR
0 33.64 2,691.01
1 35.32 2,825.56
2 37.09 2,966.84
3 38.94 3,115.18
4 40.89 3,270.94
5303 ACE ANIMAL CONTROL OFFICER
0 29.25 2,340.01
1 30.71 2,457.01
2 32.25 2,579.86
3 33.86 2,708.85
4 35.55 2,844.29
5304 ACE ANIMAL CONTROL OFFICER SUPVR
0 33.64 2,691.01
1 35.32 2,825.56
2 37.09 2,966.84
3 38.94 3,115.18
4 40.89 3,270.94
5309 ACE ANIMAL SERVICES SPECIALIST
0 26.81 2,145.01
1 28.15 2,252.26
2 29.56 2,364.87
3 31.04 2,483.11
4 32.59 2,607.28
3083 MM APPLICATIONS SUPPORT MANAGER
0 68.19 5,455.49
1 71.60 5,728.26
2 75.18 6,014.67
3 78.94 6,315.41
4 82.89 6,631.18
3088 PROF APPLICATIONS SUPPORT SPEC
0 46.49 3,719.36
1 48.82 3,905.34
2 51.26 4,100.60
3 53.82 4,305.63
4 56.51 4,520.91
Page 233 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 4 of 74
7579 ACE AQUATIC SUPERVISOR I
0 31.53 2,522.36
1 33.11 2,648.48
2 34.76 2,780.90
3 36.50 2,919.96
4 38.32 3,065.95
7577 ACE AQUATIC SUPERVISOR II
0 34.68 2,774.60
1 36.42 2,913.33
2 38.24 3,059.00
3 40.15 3,211.95
4 42.16 3,372.55
7575 ACE AQUATIC SUPERVISOR III
0 39.88 3,190.79
1 41.88 3,350.33
2 43.97 3,517.85
3 46.17 3,693.74
4 48.48 3,878.43
5011 SM ASSISTANT CHIEF OF POLICE
0 102.40 8,192.30
1 -- --
2 -- --
3 -- --
4 124.47 9,957.80
2405 SM ASSISTANT CITY ATTORNEY
0 94.33 7,546.05
1 -- --
2 -- --
3 -- --
4 114.65 9,172.28
2707 EXEC ASSISTANT CITY MANAGER
0 127.81 10,224.52
1 -- --
2 -- --
3 -- --
4 155.35 12,427.98
4040 SM ASSISTANT DIR OF DEVLPMNT SVCS
0 87.86 7,029.15
1 -- --
2 96.67 7,733.52
3 -- --
4 106.80 8,543.98
Page 234 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 5 of 74
6008 SM ASSISTANT DIR OF ENGINEERING
0 87.86 7,029.15
1 94.44 7,555.23
2 -- --
3 -- --
4 106.80 8,543.98
3604 SM ASSISTANT DIR OF FINANCE
0 87.86 7,029.15
1 -- --
2 -- --
3 103.68 8,294.46
4 106.80 8,543.98
3304 SM ASSISTANT DIR OF HR
0 87.86 7,029.15
1 -- --
2 -- --
3 101.69 8,135.11
4 106.80 8,543.98
7403 SM ASSISTANT DIR OF PARKS & REC
0 87.86 7,029.15
1 91.48 7,318.75
2 96.06 7,684.69
3 -- --
4 106.80 8,543.98
6322 SM ASSISTANT DIR OF PUBLIC WORKS
0 87.86 7,029.15
1 -- --
2 -- --
3 103.68 8,294.46
4 106.80 8,543.98
6015 WCE ASSISTANT ENGINEER
0 49.51 3,960.92
1 51.99 4,158.96
2 54.59 4,366.91
3 57.32 4,585.25
4 60.18 4,814.51
6289 WCE ASSISTANT LAND SURVEYOR
0 49.51 3,960.92
1 51.99 4,158.96
2 54.59 4,366.91
3 57.32 4,585.25
4 60.18 4,814.51
Page 235 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 6 of 74
4749 WCE ASSISTANT PLAN CHECK ENGINEER
0 49.86 3,988.72
1 52.35 4,188.16
2 54.97 4,397.56
3 57.72 4,617.44
4 60.60 4,848.31
4439 ACE ASSISTANT PLANNER
0 38.88 3,110.10
1 40.82 3,265.61
2 42.86 3,428.89
3 45.00 3,600.33
4 47.25 3,780.35
3635 CONF ASSOCIATE ACCOUNTANT
0 38.53 3,082.14
1 40.45 3,236.25
2 42.48 3,398.05
3 44.60 3,567.96
4 46.83 3,746.36
6017 WCE ASSOCIATE ENGINEER
0 56.94 4,555.05
1 59.79 4,782.80
2 62.77 5,021.94
3 65.91 5,273.04
4 69.21 5,536.69
6287 WCE ASSOCIATE LAND SURVEYOR
0 56.94 4,555.05
1 59.79 4,782.80
2 62.77 5,021.94
3 65.91 5,273.04
4 69.21 5,536.69
4747 WCE ASSOCIATE PLAN CHECK ENGINEER
0 57.34 4,587.03
1 60.20 4,816.38
2 63.22 5,057.20
3 66.38 5,310.06
4 69.69 5,575.56
4437 ACE ASSOCIATE PLANNER
0 42.76 3,421.11
1 44.90 3,592.17
2 47.15 3,771.78
3 49.50 3,960.37
4 51.98 4,158.39
Page 236 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 7 of 74
2406 UCHR ASST CITY ATTORNEY (HRLY)
0 94.33 --
1 -- --
2 -- --
3 -- --
4 114.65 --
5123 ACE AUTOMATED FINGERPRINT TECH
0 25.83 2,066.28
1 27.12 2,169.59
2 28.48 2,278.07
3 29.90 2,391.97
4 31.39 2,511.58
3404 MMCF BENEFITS MANAGER
0 61.30 4,903.68
1 64.36 5,148.86
2 67.58 5,406.31
3 70.96 5,676.63
4 74.51 5,960.46
2222 SM BUDGET AND ANALYSIS MANAGER
0 72.38 5,790.79
1 -- --
2 -- --
3 -- --
4 87.98 7,038.76
4769 MM BUILDING INSPECTION MANAGER
0 58.42 4,673.26
1 61.34 4,906.92
2 64.40 5,152.27
3 67.62 5,409.88
4 71.00 5,680.37
4771 ACE BUILDING INSPECTOR I
0 36.34 2,907.45
1 38.16 3,052.82
2 40.07 3,205.46
3 42.07 3,365.73
4 44.18 3,534.03
4770 UCHR BUILDING INSPECTOR I (HOURLY)
0 36.34 --
1 38.16 --
2 40.07 --
3 42.07 --
4 44.18 --
Page 237 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 8 of 74
4773 ACE BUILDING INSPECTOR II
0 39.98 3,198.20
1 41.98 3,358.11
2 44.08 3,526.01
3 46.28 3,702.31
4 48.59 3,887.43
4774 UCHR BUILDING INSPECTOR II (HOURLY)
0 39.98 --
1 41.98 --
2 44.08 --
3 46.28 --
4 48.59 --
4775 ACE BUILDING INSPECTOR III
0 43.98 3,518.01
1 46.17 3,693.91
2 48.48 3,878.62
3 50.91 4,072.54
4 53.45 4,276.17
4705 SM BUILDING OFFICIAL
0 75.83 6,066.25
1 -- --
2 -- --
3 -- --
4 92.17 7,373.55
6412 PROF BUILDING PROJECT MANAGER
0 57.03 4,562.00
1 59.88 4,790.10
2 62.87 5,029.61
3 66.01 5,281.08
4 69.31 5,545.13
6402 MM BUILDING SERVICES MANAGER
0 65.58 5,246.29
1 68.86 5,508.60
2 72.30 5,784.04
3 75.92 6,073.24
4 79.71 6,376.90
6669 ACE BUILDING SERVICES SUPERVISOR
0 35.14 2,811.07
1 36.90 2,951.62
2 38.74 3,099.20
3 40.68 3,254.16
4 42.71 3,416.87
Page 238 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 9 of 74
4505 ACE BUSINESS LICENSE REPRESENTATIV
0 25.47 2,037.47
1 26.74 2,139.34
2 28.08 2,246.31
3 29.48 2,358.63
4 30.96 2,476.56
6444 ACE CARPENTER
0 33.73 2,698.65
1 35.42 2,833.58
2 37.19 2,975.26
3 39.05 3,124.02
4 41.00 3,280.22
3669 ACE CASHIER
0 24.48 1,958.51
1 25.71 2,056.44
2 26.99 2,159.26
3 28.34 2,267.22
4 29.76 2,380.58
2767 SM CHIEF COMMUNICATIONS OFFICER
0 70.09 5,607.29
1 -- --
2 -- --
3 -- --
4 85.20 6,815.69
3053 SM CHIEF INFO SEC OFFICER
0 61.80 4,943.68
1 -- --
2 70.23 5,618.48
3 -- --
4 75.11 6,009.09
5001 EXEC CHIEF OF POLICE
0 127.81 10,224.52
1 -- --
2 -- --
3 -- --
4 155.35 12,427.98
2011 MMUC CHIEF OF STAFF
0 50.87 4,069.50
1 53.41 4,272.98
2 56.08 4,486.62
3 58.89 4,710.95
4 61.83 4,946.50
Page 239 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 10 of 74
5301 SM CHIEF VETERINARIAN
0 69.59 5,567.17
1 -- --
2 -- --
3 -- --
4 84.59 6,766.94
2400 CATY CITY ATTORNEY (ELECTED)
0 -- --
1 -- --
2 -- --
3 -- --
4 117.66 9,412.58
2435 CONF CITY ATTY INVESTIGATOR
0 37.45 2,995.86
1 39.32 3,145.65
2 41.29 3,302.94
3 43.35 3,468.09
4 45.52 3,641.49
2201 CCLK CITY CLERK
0 -- --
1 -- --
2 -- --
3 -- --
4 114.65 9,172.28
2710 CMGR CITY MANAGER
0 -- --
1 -- --
2 -- --
3 -- --
4 170.88 13,670.78
5429 ACE CIVILIAN BCKGRND INVESTIGATOR
0 31.91 2,552.74
1 33.50 2,680.38
2 35.18 2,814.39
3 36.94 2,955.11
4 38.79 3,102.87
5431 UCHR CIVILIAN POLICE INVESTIGATOR
0 25.79 --
1 27.08 --
2 28.43 --
3 29.85 --
4 31.35 --
Page 240 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 11 of 74
0241 UCHR CLERICAL AIDE
0 16.90 --
1 17.75 --
2 18.63 --
3 19.56 --
4 20.54 --
4757 SM CODE ENFORCEMENT MANAGER
0 60.64 4,851.30
1 -- --
2 -- --
3 70.20 5,615.99
4 73.71 5,896.80
4777 ACE CODE ENFORCEMENT OFFICER I
0 31.64 2,531.21
1 33.22 2,657.77
2 34.88 2,790.66
3 36.63 2,930.19
4 38.46 3,076.70
4778 UCHR CODE ENFORCEMENT OFFICER II
0 34.80 --
1 36.54 --
2 38.37 --
3 40.29 --
4 42.30 --
4779 ACE CODE ENFORCEMENT OFFICER II
0 34.80 2,784.33
1 36.54 2,923.55
2 38.37 3,069.73
3 40.29 3,223.21
4 42.30 3,384.37
4789 ACE CODE ENFORCEMENT TECHNICIAN
0 27.51 2,201.05
1 36.54 2,923.55
2 38.37 3,069.73
3 40.29 3,223.21
4 42.30 3,384.37
3683 MM COLLECTIONS SUPERVISOR
0 45.84 3,666.93
1 48.13 3,850.28
2 50.53 4,042.79
3 53.06 4,244.93
4 55.71 4,457.18
Page 241 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 12 of 74
2787 PRUC COMMUNICATIONS OFFICER
0 47.51 3,800.45
1 49.88 3,990.47
2 52.38 4,190.00
3 54.99 4,399.50
4 57.74 4,619.48
2757 ACE COMMUNITY ENGAGEMENT SPEC
0 38.88 3,110.10
1 40.82 3,265.61
2 42.86 3,428.89
3 45.00 3,600.33
4 47.25 3,780.35
5141 ACE COMMUNITY SERVICE OFFICER
0 26.59 2,127.28
1 27.92 2,233.64
2 29.32 2,345.33
3 30.78 2,462.60
4 32.32 2,585.72
5142 UCHR COMMUNITY SERVICES OFFICER
0 26.59 --
1 27.92 --
2 29.32 --
3 30.78 --
4 32.32 --
6201 UCHR CONSERV SPECIALIST I (HOURLY)
0 34.91 --
1 36.65 --
2 38.49 --
3 40.41 --
4 42.43 --
6200 ACE CONSERVATION SPECIALIST I
0 34.91 2,792.71
1 36.65 2,932.34
2 38.49 3,078.96
3 40.41 3,232.90
4 42.43 3,394.55
6202 ACE CONSERVATION SPECIALIST II
0 38.40 3,071.97
1 40.32 3,225.57
2 42.34 3,386.85
3 44.45 3,556.19
4 46.68 3,734.00
Page 242 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 13 of 74
6427 ACE CONSTRUCTION & REPAIR SUPV
0 46.74 3,738.91
1 49.07 3,925.87
2 51.53 4,122.15
3 54.10 4,328.26
4 56.81 4,544.67
2023 UCHR COUNCIL ASSISTANT
0 24.60 --
1 25.83 --
2 27.12 --
3 28.48 --
4 29.90 --
2003 CL COUNCILPERSON
0 -- --
1 -- --
2 -- --
3 -- --
4 31.06 2,484.92
5101 MM CRIME LABORATORY MANAGER
0 60.58 4,846.08
1 63.60 5,088.38
2 66.79 5,342.80
3 70.12 5,609.94
4 73.63 5,890.44
5143 UCHR CSO (TEMPORARY APPOINTMENT)
0 26.59 --
1 27.92 --
2 29.32 --
3 30.78 --
4 32.32 --
6667 ACE CUSTODIAL SUPERVISOR
0 29.14 2,330.96
1 30.59 2,447.51
2 32.12 2,569.88
3 33.73 2,698.37
4 35.42 2,833.29
6661 ACE CUSTODIAN
0 23.03 1,842.63
1 24.18 1,934.76
2 25.39 2,031.50
3 26.66 2,133.08
4 28.00 2,239.73
Page 243 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 14 of 74
6662 UCHR CUSTODIAN
0 23.03 --
1 24.18 --
2 25.39 --
3 26.66 --
4 28.00 --
7191 ACE DELIVERY DRIVER
0 22.87 1,829.24
1 24.01 1,920.70
2 25.21 2,016.74
3 26.47 2,117.57
4 27.79 2,223.45
2703 EXEC DEP CITY MGR/DIR OF PUB WORKS
0 115.37 9,229.99
1 -- --
2 -- --
3 130.18 10,414.57
4 140.24 11,219.13
5352 SM DEP DIR OF ANIMAL SERVICES
0 76.55 6,123.87
1 -- --
2 -- --
3 -- --
4 93.05 7,443.62
4043 SM DEP DIRECTOR OF DEVLPMNT SVCS
0 83.68 6,694.43
1 91.63 7,330.33
2 96.21 7,696.86
3 -- --
4 101.71 8,137.14
2212 SM DEP DIRECTOR, CITY CLERK SVCS
0 56.08 4,486.36
1 -- --
2 -- --
3 64.92 5,193.52
4 68.17 5,453.20
2410 PRUC DEPUTY CITY ATTORNEY I
0 69.19 5,535.39
1 72.65 5,812.16
2 76.28 6,102.77
3 80.10 6,407.91
4 84.10 6,728.31
Page 244 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 15 of 74
2408 PRUC DEPUTY CITY ATTORNEY II
0 76.11 6,088.93
1 79.92 6,393.38
2 83.91 6,713.05
3 88.11 7,048.70
4 92.51 7,401.14
2411 SM DEPUTY CITY ATTORNEY III
0 85.75 6,860.05
1 92.51 7,401.15
2 96.92 7,753.58
3 99.83 7,986.18
4 104.23 8,338.42
2245 CONF DEPUTY CITY CLERK I
0 36.22 2,897.49
1 38.03 3,042.36
2 39.93 3,194.48
3 41.93 3,354.20
4 44.02 3,521.91
2243 CONF DEPUTY CITY CLERK II
0 39.84 3,187.23
1 41.83 3,346.60
2 43.92 3,513.93
3 46.12 3,689.63
4 48.43 3,874.11
2705 EXEC DEPUTY CITY MANAGER
0 115.37 9,229.99
1 -- --
2 -- --
3 -- --
4 140.24 11,219.13
5505 SM DEPUTY FIRE CHIEF
0 97.07 7,765.30
1 -- --
2 -- --
3 -- --
4 117.98 9,438.78
5137 ACE DETENTIONS OFFICER
0 31.91 2,552.74
1 33.50 2,680.38
2 35.18 2,814.39
3 36.94 2,955.11
4 38.79 3,102.87
Page 245 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 16 of 74
5135 ACE DETENTIONS SUPERVISOR
0 36.70 2,935.65
1 38.53 3,082.43
2 40.46 3,236.55
3 42.48 3,398.38
4 44.60 3,568.30
4718 PROF DEVELOPMENT AUTOMATION SPEC
0 49.34 3,947.13
1 51.81 4,144.48
2 54.40 4,351.70
3 57.12 4,569.29
4 59.97 4,797.75
4025 SM DEVELOPMENT PROJECT MGR
0 74.86 5,988.72
1 78.60 6,288.16
2 82.53 6,602.57
3 86.66 6,932.70
4 90.99 7,279.32
4547 MM DEVELOPMENT SERVICES COUNTER M
0 55.41 4,432.64
1 58.18 4,654.27
2 61.09 4,886.98
3 64.14 5,131.33
4 67.35 5,387.90
4540 UCHR DEVELOPMENT SERVICES TECH I
0 29.07 --
1 30.53 --
2 32.05 --
3 33.66 --
4 35.34 --
4542 ACE DEVELOPMENT SERVICES TECH I
0 29.07 2,325.89
1 30.53 2,442.17
2 32.05 2,564.29
3 33.66 2,692.50
4 35.34 2,827.13
4541 ACE DEVELOPMENT SERVICES TECH II
0 31.98 2,558.47
1 33.58 2,686.39
2 35.26 2,820.71
3 37.02 2,961.75
4 38.87 3,109.84
Page 246 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 17 of 74
4544 UCHR DEVELOPMENT SERVICES TECH II
0 31.98 --
1 33.58 --
2 35.26 --
3 37.02 --
4 38.87 --
4543 ACE DEVELOPMENT SERVICES TECH III
0 36.78 2,942.25
1 38.62 3,089.35
2 40.55 3,243.82
3 42.58 3,406.01
4 44.70 3,576.31
5249 ACE DIGITAL FORENSICS ANLYT I
0 37.42 2,993.73
1 39.29 3,143.42
2 41.26 3,300.59
3 43.32 3,465.62
4 45.49 3,638.90
5247 ACE DIGITAL FORENSICS ANLYT II
0 43.03 3,442.79
1 45.19 3,614.93
2 47.45 3,795.68
3 49.82 3,985.45
4 52.31 4,184.73
5245 ACE DIGITAL FORENSICS TECH I
0 29.50 2,359.69
1 30.97 2,477.67
2 32.52 2,601.55
3 34.15 2,731.64
4 35.85 2,868.22
5246 UCHR DIGITAL FORENSICS TECH I
0 29.50 --
1 30.97 --
2 32.52 --
3 34.15 --
4 35.85 --
5243 ACE DIGITAL FORENSICS TECH II
0 33.92 2,713.64
1 35.62 2,849.32
2 37.40 2,991.79
3 39.27 3,141.38
4 41.23 3,298.45
Page 247 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 18 of 74
5244 UCHR DIGITAL FORENSICS TECH II
0 33.92 --
1 35.62 --
2 37.40 --
3 39.27 --
4 41.23 --
5350 EXEC DIR OF ANIMAL SERVICES
0 91.86 7,348.66
1 -- --
2 -- --
3 -- --
4 111.65 8,932.35
4039 EXEC DIR OF DEVELOPMENT SERVICES
0 101.04 8,083.53
1 -- --
2 -- --
3 118.35 9,467.80
4 122.82 9,825.59
2734 EXEC DIR OF ECONOMIC DEVELOPMENT
0 91.86 7,348.66
1 -- --
2 101.27 8,101.90
3 -- --
4 111.65 8,932.35
6006 EXEC DIR OF ENGINEERING/CITY ENG
0 101.04 8,083.53
1 -- --
2 -- --
3 -- --
4 122.82 9,825.59
3601 EXEC DIR OF FINANCE
0 101.04 8,083.53
1 -- --
2 -- --
3 118.35 9,467.80
4 122.82 9,825.59
4301 EXEC DIR OF HOUSING & HOMELESS SVS
0 91.86 7,348.66
1 93.04 7,443.41
2 97.69 7,815.58
3 -- --
4 111.65 8,932.35
Page 248 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 19 of 74
3300 EXEC DIR OF HUMAN RESOURCES/RISK MG
0 101.04 8,083.53
1 -- --
2 -- --
3 118.35 9,467.80
4 122.82 9,825.59
3001 EXEC DIR OF INFO TECH SERVICES
0 101.04 8,083.53
1 -- --
2 112.56 9,004.59
3 -- --
4 122.82 9,825.59
7001 EXEC DIR OF LIBRARY SERVICES
0 91.86 7,348.66
1 -- --
2 -- --
3 107.19 8,575.49
4 111.65 8,932.35
7301 EXEC DIR OF PARKS & RECREATION
0 101.04 8,083.53
1 -- --
2 113.58 9,086.54
3 119.26 9,540.87
4 122.82 9,825.59
6320 EXEC DIR OF PUBLIC WORKS
0 101.04 8,083.53
1 -- --
2 -- --
3 -- --
4 122.82 9,825.59
3002 UCHR DIRECTOR OF IT SERVICES (HRLY)
0 101.04 --
1 -- --
2 112.56 --
3 -- --
4 122.82 --
2720 SM ECONOMIC DEVELOPMENT MGR
0 68.87 5,509.58
1 -- --
2 -- --
3 -- --
4 83.71 6,696.93
Page 249 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 20 of 74
2747 ACE ECONOMIC DEVELOPMENT SPEC I
0 35.64 2,850.93
1 37.42 2,993.48
2 39.29 3,143.15
3 41.25 3,300.31
4 43.32 3,465.33
2749 ACE ECONOMIC DEVELOPMENT SPEC II
0 42.76 3,421.11
1 44.90 3,592.17
2 47.15 3,771.78
3 49.50 3,960.37
4 51.98 4,158.39
6438 ACE ELECTRICIAN
0 35.34 2,827.16
1 37.11 2,968.52
2 38.96 3,116.94
3 40.91 3,272.79
4 42.96 3,436.43
6492 ACE ELECTRONIC/EQUIPMENT INSTALLER
0 32.13 2,570.15
1 33.73 2,698.65
2 35.42 2,833.58
3 37.19 2,975.26
4 39.05 3,124.02
6475 ACE ELECTRONICS TECHNICIAN
0 38.87 3,109.87
1 40.82 3,265.36
2 42.86 3,428.64
3 45.00 3,600.06
4 47.25 3,780.07
6472 ACE ELECTRONICS TECHNICIAN SUPV
0 44.70 3,576.35
1 46.94 3,755.17
2 49.29 3,942.93
3 51.75 4,140.08
4 54.34 4,347.08
5560 SM EMERGENCY SERVICES MGR
0 56.46 4,516.65
1 -- --
2 -- --
3 -- --
4 68.63 5,490.01
Page 250 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 21 of 74
5557 PROF EMS EDUCATOR
0 50.64 4,051.10
1 53.17 4,253.66
2 55.83 4,466.33
3 58.62 4,689.65
4 61.55 4,924.13
5567 PROF EMS NURSE COORDINATOR
0 60.77 4,861.31
1 63.80 5,104.39
2 67.00 5,359.60
3 70.34 5,627.58
4 73.86 5,908.96
5657 NIAF EMT (NON-SAFETY) - A
0 17.71
1 18.59
2 19.52
3 20.50
4 21.52
5659 NIAF EMT (NON-SAFETY) - C
0 28.33
1 29.75
2 31.24
3 32.80
4 34.44
5658 UCHR EMT (NON-SAFETY/HRLY)
0 17.71 --
1 18.59 --
2 19.52 --
3 20.50 --
4 21.52 --
6081 ACE ENGINEERING TECHNICIAN I
0 32.78 2,622.17
1 34.42 2,753.28
2 36.14 2,890.94
3 37.94 3,035.49
4 39.84 3,187.26
6071 ACE ENGINEERING TECHNICIAN II
0 36.05 2,884.38
1 37.86 3,028.61
2 39.75 3,180.03
3 41.74 3,339.03
4 43.82 3,505.99
Page 251 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 22 of 74
6128 ACE ENVIRONMENTAL COMPLIANCE INSP
0 40.50 3,240.07
1 42.53 3,402.07
2 44.65 3,572.17
3 46.88 3,750.78
4 49.23 3,938.32
6205 MM ENVIRONMENTAL SERVICES MANAGER
0 62.88 5,030.49
1 66.03 5,282.01
2 69.33 5,546.11
3 72.79 5,823.42
4 76.43 6,114.59
6207 MM ENVIRONMENTAL SUSTNBILITY MGR
0 70.37 5,629.91
1 73.89 5,911.41
2 77.59 6,206.98
3 81.47 6,517.33
4 85.54 6,843.20
6542 ACE EQUIPMENT MECHANIC
0 32.86 2,628.54
1 34.50 2,759.97
2 36.22 2,897.97
3 38.04 3,042.87
4 39.94 3,195.00
6361 ACE EQUIPMENT OPERATOR
0 37.87 3,029.22
1 39.76 3,180.67
2 41.75 3,339.71
3 43.83 3,506.70
4 46.03 3,682.04
0187 CONF EXECUTIVE SECRETARY
0 38.08 3,046.61
1 39.99 3,198.93
2 41.99 3,358.88
3 44.09 3,526.82
4 46.29 3,703.16
5270 CONF FA ACCOUNTING TECHNICIAN
0 32.22 2,577.39
1 33.83 2,706.27
2 35.52 2,841.58
3 37.30 2,983.66
4 39.16 3,132.84
Page 252 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 23 of 74
5456 PRUC FA ADMIN PROGRAM MGR
0 43.61 3,488.58
1 45.79 3,663.01
2 48.08 3,846.16
3 50.48 4,038.47
4 53.00 4,240.39
5297 CONF FA ADMINSTRATIVE ANALYST I
0 35.39 2,830.92
1 37.16 2,972.46
2 39.01 3,121.08
3 40.96 3,277.13
4 43.01 3,440.99
5296 CONF FA ADMINSTRATIVE ANALYST II
0 38.93 3,114.01
1 40.87 3,269.70
2 42.91 3,433.19
3 45.06 3,604.85
4 47.31 3,785.09
5277 CONF FA ANALYST
0 27.04 2,163.29
1 28.39 2,271.45
2 29.81 2,385.03
3 31.30 2,504.28
4 32.87 2,629.49
5455 MMUC FA CYBER SECURITY PROG MGR
0 52.85 4,228.05
1 55.49 4,439.45
2 58.27 4,661.42
3 61.18 4,894.49
4 64.24 5,139.21
5467 SM FA DEPUTY DIRECTOR OF IV-LECC
0 61.25 4,900.08
1 -- --
2 -- --
3 -- --
4 74.45 5,956.08
5465 SM FA DEPUTY DIRECTOR OF LECC
0 60.02 4,801.32
1 -- --
2 -- --
3 -- --
4 72.95 5,836.04
Page 253 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 24 of 74
5463 SM FA DEPUTY EXECUTIVE DIRECTOR
0 72.80 5,824.10
1 -- --
2 -- --
3 -- --
4 88.49 7,079.23
5274 SM FA DIRECTOR OF SD LECC
0 68.39 5,471.13
1 -- --
2 -- --
3 -- --
4 83.13 6,650.19
5286 CONF FA EXECUTIVE ASSISTANT
0 34.64 2,771.57
1 36.38 2,910.15
2 38.20 3,055.66
3 40.11 3,208.44
4 42.11 3,368.86
5461 EXEC FA EXECUTIVE DIRECTOR
0 60.19 4,815.34
1 -- --
2 -- --
3 -- --
4 73.16 5,853.08
5493 MMUC FA FINANCE MANAGER
0 63.77 5,101.42
1 -- --
2 -- --
3 -- --
4 77.51 6,200.81
5439 PRUC FA GEOSPATIAL INTEL ANALYST
0 50.40 4,031.81
1 52.92 4,233.40
2 55.56 4,445.07
3 58.34 4,667.32
4 61.26 4,900.69
5453 MMUC FA INFO SYSTEMS PROGRAM MGR
0 58.79 4,703.13
1 61.73 4,938.29
2 64.82 5,185.20
3 68.06 5,444.46
4 71.46 5,716.68
Page 254 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 25 of 74
5485 CONF FA INTEL ANLYT
0 36.60 2,928.37
1 38.43 3,074.78
2 40.36 3,228.52
3 42.37 3,389.95
4 44.49 3,559.45
5491 SM FA IVDC-LECC EXEC DIRECTOR
0 72.05 5,763.75
1 -- --
2 -- --
3 -- --
4 87.57 7,005.88
5440 MMUC FA LECC INFO TECH MANAGER
0 53.76 4,300.59
1 56.45 4,515.62
2 59.27 4,741.40
3 62.23 4,978.47
4 65.34 5,227.39
5278 CONF FA MANAGEMENT ASSISTANT
0 33.00 2,639.60
1 34.64 2,771.57
2 36.38 2,910.15
3 38.20 3,055.66
4 40.11 3,208.44
5443 PRUC FA MICROCOMPUTER SPECIALIST
0 43.71 3,496.65
1 45.89 3,671.47
2 48.19 3,855.05
3 50.60 4,047.80
4 53.13 4,250.19
5292 PRUC FA NETWORK ADMINISTRATOR I
0 43.99 3,518.98
1 46.19 3,694.93
2 48.50 3,879.68
3 50.92 4,073.66
4 53.47 4,277.34
5294 PRUC FA NETWORK ADMINISTRATOR II
0 48.39 3,870.89
1 50.81 4,064.42
2 53.35 4,267.65
3 56.01 4,481.03
4 58.81 4,705.08
Page 255 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 26 of 74
5457 PRUC FA NETWORK ADMINISTRATOR III
0 50.96 4,077.05
1 53.51 4,280.89
2 56.19 4,494.95
3 59.00 4,719.69
4 61.95 4,955.67
5444 PRUC FA PROGRAM ANALYST
0 52.15 4,171.62
1 54.75 4,380.20
2 57.49 4,599.21
3 60.36 4,829.17
4 63.38 5,070.63
5451 CONF FA PROGRAM ASSISTANT
0 26.36 2,108.55
1 27.67 2,213.97
2 29.06 2,324.67
3 30.51 2,440.90
4 32.04 2,562.95
5452 PRUC FA PROGRAM ASSISTANT SUPV
0 37.93 3,034.03
1 39.82 3,185.73
2 41.81 3,345.02
3 43.90 3,512.27
4 46.10 3,687.88
5445 SM FA PROGRAM MANAGER
0 55.45 4,436.11
1 58.30 4,663.98
2 61.14 4,890.83
3 64.19 5,135.35
4 67.40 5,392.14
5497 MMUC FA PUBLIC-PRVT PART EXER MGR
0 54.67 4,373.86
1 57.41 4,592.55
2 60.28 4,822.18
3 63.29 5,063.29
4 66.46 5,316.45
5284 CONF FA RCFL NETWORK ENGINEER
0 42.48 3,398.27
1 44.60 3,568.18
2 46.83 3,746.59
3 49.17 3,933.92
4 51.63 4,130.62
Page 256 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 27 of 74
5495 PRUC FA SENIOR FINANCIAL ANALYST
0 40.86 3,269.05
1 42.91 3,432.50
2 45.05 3,604.13
3 47.30 3,784.34
4 49.67 3,973.56
5483 PRUC FA SENIOR INTELLIGENCE ANALYST
0 43.03 3,442.65
1 45.18 3,614.78
2 47.44 3,795.52
3 49.82 3,985.30
4 52.31 4,184.57
5454 CONF FA SENIOR PROGRAM ASSISTANT
0 31.36 2,508.64
1 32.93 2,634.07
2 34.57 2,765.78
3 36.30 2,904.07
4 38.12 3,049.27
5477 CONF FA SENIOR SECRETARY
0 27.11 2,169.08
1 28.47 2,277.53
2 29.89 2,391.41
3 31.39 2,510.98
4 32.96 2,636.53
5489 PRUC FA SUP INTEL ANALYST I
0 47.34 3,786.92
1 49.70 3,976.27
2 52.19 4,175.08
3 54.80 4,383.83
4 57.54 4,603.02
5487 PRUC FA SUP INTEL ANALYST II
0 54.44 4,354.97
1 57.16 4,572.72
2 60.02 4,801.35
3 63.02 5,041.42
4 66.17 5,293.49
4051 SM FAC FINANCE MANAGER
0 58.83 4,706.29
1 -- --
2 65.36 5,228.58
3 -- --
4 71.51 5,720.53
Page 257 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 28 of 74
4052 UCHR FACILITIES FINANCING MGR HRLY
0 58.83 --
1 -- --
2 -- --
3 -- --
4 71.51 --
6425 MM FACILITIES MANAGER
0 58.62 4,689.80
1 61.55 4,924.29
2 64.63 5,170.50
3 67.86 5,429.03
4 71.26 5,700.48
7471 ACE FIELD MAINTENANCE SPECIALIST
0 26.69 2,135.30
1 28.03 2,242.07
2 29.43 2,354.16
3 30.90 2,471.87
4 32.44 2,595.46
3623 SM FINANCE MGR
0 67.94 5,435.14
1 -- --
2 -- --
3 -- --
4 82.58 6,606.44
3624 SM FINANCE MGR (CPA)
0 74.73 5,978.65
1 -- --
2 82.16 6,573.11
3 86.27 6,901.77
4 90.84 7,267.09
5511 IAFF FIRE BATTALION CHIEF - A
0 49.10 5,499.67
1 51.56 5,774.66
2 54.14 6,063.39
3 56.84 6,366.56
4 59.69 6,684.89
5 62.67 7,019.13
Page 258 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 29 of 74
5513 IAFF FIRE BATTALION CHIEF - C
0 68.75 5,499.67
1 72.18 5,774.66
2 75.79 6,063.39
3 79.58 6,366.55
4 83.56 6,684.88
5 87.74 7,019.13
5584 UCHR FIRE CAPT - C (HOURLY)
0 55.51 --
1 58.28 --
2 61.20 --
3 64.26 --
4 67.47 --
5 70.84 --
5583 IAFF FIRE CAPTAIN - A
0 39.65 4,440.51
1 41.63 4,662.53
2 43.71 4,895.67
3 45.90 5,140.43
4 48.19 5,397.45
5 50.60 5,667.32
5582 IAFF FIRE CAPTAIN - B
0 52.86 4,440.51
1 55.51 4,662.52
2 58.28 4,895.65
3 61.20 5,140.43
4 64.26 5,397.45
5 67.47 5,667.31
5581 IAFF FIRE CAPTAIN - C
0 55.51 4,440.51
1 58.28 4,662.52
2 61.20 4,895.64
3 64.26 5,140.43
4 67.47 5,397.45
5 70.84 5,667.32
5501 EXEC FIRE CHIEF
0 111.31 8,905.17
1 -- --
2 -- --
3 129.78 10,382.66
4 135.30 10,824.29
Page 259 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 30 of 74
5507 MMUC FIRE DIVISION CHIEF
0 84.20 6,735.87
1 88.41 7,072.66
2 92.83 7,426.29
3 97.47 7,797.60
4 102.34 8,187.49
5603 IAFF FIRE ENGINEER - A
0 34.44 3,857.07
1 36.16 4,049.93
2 37.97 4,252.43
3 39.87 4,465.06
4 41.86 4,688.30
5 43.95 4,922.71
5601 IAFF FIRE ENGINEER - C
0 48.21 3,857.10
1 50.62 4,049.93
2 53.16 4,252.43
3 55.81 4,465.05
4 58.60 4,688.31
5 61.53 4,922.72
5536 UCHR FIRE INSPECTOR
0 39.79 --
1 41.78 --
2 43.87 --
3 46.06 --
4 48.37 --
5 50.79 --
5530 IAFF FIRE INSPECTOR/INVESTIGATOR I
0 39.79 3,183.36
1 41.78 3,342.53
2 43.87 3,509.67
3 46.06 3,685.15
4 48.37 3,869.40
5 50.79 4,062.87
5531 IAFF FIRE INSPECTOR/INVESTIGATOR II
0 43.77 3,501.69
1 45.96 3,676.77
2 48.26 3,860.62
3 50.67 4,053.63
4 53.20 4,256.31
5 55.86 4,469.13
Page 260 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 31 of 74
5555 ACE FIRE INVENTORY SPECIALIST
0 31.14 2,491.04
1 32.69 2,615.59
2 34.33 2,746.37
3 36.05 2,883.69
4 37.85 3,027.87
5533 UCHR FIRE PREVENTION AIDE
0 16.90 --
1 17.75 --
2 18.63 --
3 19.56 --
4 20.54 --
5528 IAFF FIRE PREVENTION ENG/INVSTGTR
0 52.79 4,223.45
1 55.43 4,434.63
2 58.20 4,656.36
3 61.11 4,889.19
4 64.17 5,133.64
5 67.38 5,390.33
5537 ACE FIRE PREVENTION SPECIALIST
0 31.98 2,558.47
1 33.58 2,686.39
2 35.26 2,820.71
3 37.02 2,961.75
4 38.87 3,109.84
5625 ACE FIRE RECRUIT
0 28.37 2,269.81
1 29.79 2,383.29
2 31.28 2,502.47
3 32.84 2,627.58
4 34.49 2,758.96
5623 IAFF FIREFIGHTER - A
0 28.56 3,199.03
1 29.99 3,358.99
2 31.49 3,526.94
3 33.07 3,703.29
4 34.72 3,888.43
5 36.45 4,082.85
Page 261 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 32 of 74
5621 IAFF FIREFIGHTER - C
0 39.99 3,199.04
1 41.99 3,358.99
2 44.09 3,526.93
3 46.29 3,703.28
4 48.61 3,888.45
5 51.04 4,082.88
5613 IAFF FIREFIGHTER/PARAMEDIC - A
0 32.85 3,678.89
1 34.49 3,862.84
2 36.21 4,055.98
3 38.02 4,258.77
4 39.93 4,471.70
5 41.92 4,695.29
5612 IAFF FIREFIGHTER/PARAMEDIC - B
0 43.80 3,678.88
1 45.99 3,862.84
2 48.29 4,055.98
3 50.70 4,258.76
4 53.23 4,471.71
5 55.90 4,695.31
5611 IAFF FIREFIGHTER/PARAMEDIC - C
0 45.99 3,678.89
1 48.29 3,862.83
2 50.70 4,055.97
3 53.23 4,258.76
4 55.90 4,471.72
5 58.69 4,695.30
0216 PRCF FISCAL AND MANAGEMENT ANALYST
0 62.54 5,003.44
1 65.67 5,253.61
2 68.95 5,516.29
3 72.40 5,792.12
4 76.02 6,081.72
3627 MMCF FISCAL DEBT MGMT ANALYST
0 62.54 5,003.44
1 65.67 5,253.61
2 68.95 5,516.29
3 72.40 5,792.12
4 76.02 6,081.72
Page 262 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 33 of 74
0169 ACE FISCAL OFFICE SPECIALIST
0 23.76 1,900.48
1 24.94 1,995.50
2 26.19 2,095.28
3 27.50 2,200.04
4 28.88 2,310.04
0170 UCHR FISCAL OFFICE SPECIALIST
0 23.76 --
1 24.94 --
2 26.19 --
3 27.50 --
4 28.88 --
3610 PROF FISCAL SERVICES ANALYST
0 62.54 5,003.44
1 65.67 5,253.61
2 68.95 5,516.29
3 72.40 5,792.12
4 76.02 6,081.72
6513 ACE FLEET INVENTORY CONTROL SPEC
0 31.14 2,491.04
1 32.69 2,615.59
2 34.33 2,746.37
3 36.05 2,883.69
4 37.85 3,027.87
6501 MM FLEET MANAGER
0 57.36 4,588.44
1 60.22 4,817.86
2 63.23 5,058.75
3 66.40 5,311.69
4 69.72 5,577.27
6507 ACE FLEET SUPERVISOR
0 43.49 3,479.25
1 45.67 3,653.21
2 47.95 3,835.87
3 50.35 4,027.66
4 52.86 4,229.05
5114 ACE FORENSICS SPECIALIST
0 37.31 2,985.00
1 39.18 3,134.26
2 41.14 3,290.97
3 43.19 3,455.52
4 45.35 3,628.30
Page 263 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 34 of 74
5759 UCHR FUELS MODULE CREW MEMBER
0 17.70 --
1 18.59 --
2 19.52 --
3 20.50 --
4 21.52 --
3075 ACE GIS ANALYST
0 39.88 3,190.31
1 41.87 3,349.83
2 43.97 3,517.32
3 46.16 3,693.19
4 48.47 3,877.84
3079 MM GIS MANAGER
0 57.29 4,582.96
1 60.15 4,812.10
2 63.16 5,052.71
3 66.32 5,305.34
4 69.63 5,570.61
3077 ACE GIS TECHNICIAN
0 32.61 2,609.19
1 34.25 2,739.64
2 35.96 2,876.62
3 37.76 3,020.45
4 39.64 3,171.48
2775 ACE GRAPHIC DESIGNER
0 33.29 2,662.88
1 34.95 2,796.02
2 36.70 2,935.83
3 38.53 3,082.62
4 40.46 3,236.75
5763 UCHR HAND CREW LEAD
0 23.41 --
1 24.58 --
2 25.81 --
3 27.10 --
4 28.46 --
5761 UCHR HAND CREW MEMBER
0 20.36 --
1 21.38 --
2 22.45 --
3 23.57 --
4 24.75 --
Page 264 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 35 of 74
4325 ACE HOMELESS SERVICES SPEC I
0 31.47 2,517.85
1 33.05 2,643.74
2 34.70 2,775.93
3 36.43 2,914.73
4 38.26 3,060.47
4323 ACE HOMELESS SERVICES SPEC II
0 34.62 2,769.64
1 36.35 2,908.12
2 38.17 3,053.53
3 40.08 3,206.21
4 42.08 3,366.52
4321 MM HOMELESS SOLUTIONS MANAGER
0 62.97 5,037.20
1 66.11 5,289.06
2 69.42 5,553.51
3 72.89 5,831.19
4 76.53 6,122.75
4311 MM HOUSING MANAGER
0 62.59 5,007.57
1 65.72 5,257.94
2 69.01 5,520.84
3 72.46 5,796.88
4 76.08 6,086.72
3310 PRCF HUMAN RESOURCES ANALYST
0 45.14 3,611.48
1 47.40 3,792.04
2 49.77 3,981.65
3 52.26 4,180.73
4 54.87 4,389.77
3312 UCHR HUMAN RESOURCES ANALYST
0 45.14 --
1 47.40 --
2 49.77 --
3 52.26 --
4 54.87 --
3331 SM HUMAN RESOURCES MANAGER
0 70.49 5,639.25
1 -- --
2 -- --
3 81.60 6,528.13
4 85.68 6,854.54
Page 265 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 36 of 74
3332 UCHR HUMAN RESOURCES MANAGER
0 62.02 --
1 -- --
2 -- --
3 -- --
4 75.38 --
3315 CONF HUMAN RESOURCES TECHNICIAN
0 31.55 2,524.19
1 33.13 2,650.40
2 34.79 2,782.92
3 36.53 2,922.07
4 38.35 3,068.16
6430 ACE HVAC TECHNICIAN
0 35.34 2,827.16
1 37.11 2,968.52
2 38.96 3,116.94
3 40.91 3,272.79
4 42.96 3,436.43
5104 SM INFO TECHNOLOGY MANAGER
0 72.03 5,762.06
1 74.75 5,980.31
2 -- --
3 -- --
4 87.55 7,003.83
3033 SM INFO TECHNOLOGY PROJ MANAGER
0 64.63 5,170.60
1 67.86 5,429.12
2 70.68 5,654.25
3 -- --
4 78.56 6,284.90
3055 PROF INFO TECHNOLOGY SEC ANALYST
0 57.62 4,609.77
1 60.50 4,840.26
2 63.53 5,082.27
3 66.70 5,336.39
4 70.04 5,603.21
3017 ACE INFO TECHNOLOGY TECHNICIAN
0 33.42 2,673.44
1 35.09 2,807.11
2 36.84 2,947.47
3 38.69 3,094.83
4 40.62 3,249.58
Page 266 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 37 of 74
3018 UCHR INFO TECHNOLOGY TECHNICIAN
0 33.42 --
1 35.09 --
2 36.84 --
3 38.69 --
4 40.62 --
4038 UCHR INTERIM DIR OF DEV SVCS (HRLY)
0 101.04 --
1 -- --
2 -- --
3 -- --
4 122.82 --
0269 UCHR INTERN - GRADUATE
0 18.59 --
1 19.52 --
2 20.50 --
3 21.52 --
4 22.60 --
0267 UCHR INTERN - UNDERGRADUATE
0 16.90 --
1 17.75 --
2 18.63 --
3 19.56 --
4 20.54 --
4480 PROF LANDSCAPE ARCHITECT
0 52.14 4,171.29
1 54.75 4,379.85
2 57.49 4,598.84
3 60.36 4,828.79
4 63.38 5,070.23
6291 ACE LANDSCAPE INSPECTOR
0 39.98 3,198.20
1 41.98 3,358.11
2 44.08 3,526.01
3 46.28 3,702.31
4 48.59 3,887.43
4482 ACE LANDSCAPE PLANNER I
0 38.88 3,110.10
1 40.82 3,265.61
2 42.86 3,428.89
3 45.00 3,600.33
4 47.25 3,780.35
Page 267 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 38 of 74
4483 ACE LANDSCAPE PLANNER II
0 42.76 3,421.11
1 44.90 3,592.17
2 47.15 3,771.78
3 49.50 3,960.37
4 51.98 4,158.39
5111 ACE LATENT PRINT EXAMINER
0 43.03 3,442.79
1 45.19 3,614.93
2 47.45 3,795.68
3 49.82 3,985.45
4 52.31 4,184.73
2465 MMUC LAW OFFICE MANAGER
0 43.79 3,503.43
1 44.69 3,575.47
2 -- --
3 -- --
4 53.23 4,258.44
2466 UCHR LAW OFFICE MGR (HOURLY)
0 43.79 --
1 45.98 --
2 48.28 --
3 50.70 --
4 53.23 --
6663 ACE LEAD CUSTODIAN
0 25.34 2,026.91
1 26.60 2,128.26
2 27.93 2,234.67
3 29.33 2,346.40
4 30.80 2,463.72
0183 CONF LEGAL ASSISTANT
0 31.79 2,542.80
1 33.37 2,669.93
2 35.04 2,803.43
3 36.80 2,943.60
4 38.63 3,090.78
7075 ACE LIBRARIAN I
0 32.26 2,580.54
1 33.87 2,709.57
2 35.56 2,845.05
3 37.34 2,987.30
4 39.21 3,136.67
Page 268 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 39 of 74
7076 UCHR LIBRARIAN I
0 32.26 --
1 33.87 --
2 35.56 --
3 37.34 --
4 39.21 --
7073 ACE LIBRARIAN II
0 35.48 2,838.60
1 37.26 2,980.53
2 39.12 3,129.56
3 41.08 3,286.04
4 43.13 3,450.33
7071 ACE LIBRARIAN III
0 39.03 3,122.46
1 40.98 3,278.58
2 43.03 3,442.51
3 45.18 3,614.64
4 47.44 3,795.37
7181 UCHR LIBRARY AIDE
0 16.90 --
1 17.75 --
2 18.63 --
3 19.56 --
4 20.54 --
7157 ACE LIBRARY ASSISTANT
0 23.46 1,876.78
1 24.63 1,970.62
2 25.86 2,069.15
3 27.16 2,172.61
4 28.52 2,281.24
7091 ACE LIBRARY ASSOCIATE
0 28.15 2,252.13
1 29.56 2,364.75
2 31.04 2,482.98
3 32.59 2,607.13
4 34.22 2,737.49
7092 UCHR LIBRARY ASSOCIATE
0 28.15 --
1 29.56 --
2 31.04 --
3 32.59 --
4 34.22 --
Page 269 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 40 of 74
7029 MM LIBRARY OPERATIONS MANAGER
0 62.13 4,970.52
1 65.24 5,219.05
2 68.50 5,480.00
3 71.93 5,754.00
4 75.52 6,041.70
7121 ACE LIBRARY TECHNICIAN
0 25.59 2,047.40
1 26.87 2,149.77
2 28.22 2,257.26
3 29.63 2,370.11
4 31.11 2,488.63
7587 UCHR LIFEGUARD I
0 17.18 --
1 18.04 --
2 18.94 --
3 19.89 --
4 20.88 --
7585 UCHR LIFEGUARD II
0 18.90 --
1 19.84 --
2 20.83 --
3 21.87 --
4 22.97 --
6443 ACE LOCKSMITH
0 35.34 2,827.16
1 37.11 2,968.52
2 38.96 3,116.94
3 40.91 3,272.79
4 42.96 3,436.43
6377 ACE MAINTENANCE WORKER I
0 24.94 1,995.54
1 26.19 2,095.31
2 27.50 2,200.08
3 28.88 2,310.07
4 30.32 2,425.58
6379 UCHR MAINTENANCE WORKER I
0 24.94 --
1 26.19 --
2 27.50 --
3 28.88 --
4 30.32 --
Page 270 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 41 of 74
6373 ACE MAINTENANCE WORKER II
0 27.44 2,195.09
1 28.81 2,304.83
2 30.25 2,420.08
3 31.76 2,541.08
4 33.35 2,668.14
0228 CONF MANAGEMENT ANALYST I
0 37.00 2,959.92
1 38.85 3,107.92
2 40.79 3,263.32
3 42.83 3,426.49
4 44.97 3,597.80
0229 ACE MANAGEMENT ANALYST I
0 37.00 2,959.92
1 38.85 3,107.92
2 40.79 3,263.32
3 42.83 3,426.49
4 44.97 3,597.80
0224 CONF MANAGEMENT ANALYST II
0 40.70 3,255.91
1 42.73 3,418.72
2 44.87 3,589.65
3 47.11 3,769.13
4 49.47 3,957.59
0227 ACE MANAGEMENT ANALYST II
0 40.70 3,255.91
1 42.73 3,418.72
2 44.87 3,589.65
3 47.11 3,769.13
4 49.47 3,957.59
2001 MY MAYOR
0 -- --
1 -- --
2 -- --
3 -- --
4 77.65 6,212.30
6550 ACE MECHANIC ASSISTANT
0 27.18 2,174.05
1 28.53 2,282.75
2 29.96 2,396.89
3 31.46 2,516.73
4 33.03 2,642.57
Page 271 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 42 of 74
0230 UCHR MGMT ANALYST I (HOURLY)
0 37.00 --
1 38.85 --
2 40.79 --
3 42.83 --
4 44.97 --
0221 UCHR MGMT ANALYST II (HOURLY)
0 40.70 --
1 42.73 --
2 44.87 --
3 47.11 --
4 49.47 --
5571 PROF MULTIMEDIA DESIGNER
0 40.90 3,272.13
1 42.95 3,435.73
2 45.09 3,607.52
3 47.35 3,787.89
4 49.72 3,977.28
5569 ACE MULTIMEDIA PRODUCTON SPCLST
0 32.11 2,568.69
1 33.71 2,697.12
2 35.40 2,831.99
3 37.17 2,973.58
4 39.03 3,122.26
0160 UCHR OFFICE SPECIALIST
0 22.62 --
1 23.76 --
2 24.94 --
3 26.19 --
4 27.50 --
0161 ACE OFFICE SPECIALIST
0 22.62 1,809.98
1 23.76 1,900.48
2 24.94 1,995.50
3 26.19 2,095.28
4 27.50 2,200.04
0162 ACE OFFICE SPECIALIST-MAYOR
0 22.62 1,809.98
1 23.76 1,900.48
2 24.94 1,995.50
3 26.19 2,095.28
4 27.50 2,200.04
Page 272 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 43 of 74
6311 ACE OPEN SPACE INSPECTOR
0 39.98 3,198.20
1 41.98 3,358.11
2 44.08 3,526.01
3 46.28 3,702.31
4 48.59 3,887.43
6302 MM OPEN SPACE MANAGER
0 58.81 4,705.16
1 61.76 4,940.41
2 64.84 5,187.43
3 68.09 5,446.80
4 71.49 5,719.14
6434 ACE PAINTER
0 32.13 2,570.15
1 33.73 2,698.65
2 35.42 2,833.58
3 37.19 2,975.26
4 39.05 3,124.02
2475 CONF PARALEGAL
0 34.11 2,728.80
1 35.82 2,865.25
2 37.61 3,008.51
3 39.49 3,158.94
4 41.46 3,316.89
2476 UCHR PARALEGAL
0 34.11 --
1 35.82 --
2 37.61 --
3 39.49 --
4 41.46 --
5655 NIAF PARAMEDIC (NON-SAFETY) - A
0 22.74
1 23.88
2 25.08
3 26.33
4 27.65
5653 NIAF PARAMEDIC (NON-SAFETY) - C
0 36.39
1 38.21
2 40.12
3 42.13
4 44.23
Page 273 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 44 of 74
5656 UCHR PARAMEDIC (NS/HRLY)
0 22.74 --
1 23.88 --
2 25.08 --
3 26.33 --
4 27.65 --
5654 NIAF PARAMEDIC RECRUIT (NS)
0 --
1 --
2 --
3 --
4 19.08
7434 UCHR PARK RANGER
0 17.25 --
1 18.11 --
2 19.02 --
3 19.97 --
4 20.97 --
7431 PROF PARK RANGER PROGRAM MANAGER
0 52.14 4,171.29
1 54.75 4,379.85
2 57.49 4,598.84
3 60.36 4,828.79
4 63.38 5,070.23
7441 ACE PARK RANGER SUPERVISOR
0 38.62 3,089.42
1 40.55 3,243.88
2 42.58 3,406.08
3 44.70 3,576.38
4 46.94 3,755.20
5154 ACE PARKING ENFORCEMENT OFFICER
0 24.17 1,933.89
1 25.38 2,030.58
2 26.65 2,132.12
3 27.98 2,238.73
4 29.38 2,350.66
3693 ACE PARKING METER TECHNICIAN
0 26.59 2,127.28
1 27.92 2,233.64
2 29.32 2,345.33
3 30.78 2,462.60
4 32.32 2,585.72
Page 274 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 45 of 74
6619 ACE PARKS MAINT WORKER I
0 24.94 1,995.54
1 26.19 2,095.31
2 27.50 2,200.08
3 28.88 2,310.07
4 30.32 2,425.58
6620 UCHR PARKS MAINT WORKER I (HOURLY)
0 24.94 --
1 26.19 --
2 27.50 --
3 28.88 --
4 30.32 --
6617 ACE PARKS MAINT WORKER II
0 27.44 2,195.09
1 28.81 2,304.83
2 30.25 2,420.08
3 31.76 2,541.08
4 33.35 2,668.14
6604 MM PARKS MANAGER
0 58.81 4,705.16
1 61.76 4,940.41
2 64.84 5,187.43
3 68.09 5,446.80
4 71.49 5,719.14
6605 ACE PARKS SUPERVISOR
0 38.62 3,089.42
1 40.55 3,243.88
2 42.58 3,406.08
3 44.70 3,576.38
4 46.94 3,755.20
3665 CONF PAYROLL SPECIALIST
0 33.10 2,648.23
1 34.76 2,780.63
2 36.50 2,919.66
3 38.32 3,065.65
4 40.24 3,218.93
3663 MMCF PAYROLL SUPERVISOR
0 45.55 3,643.96
1 47.83 3,826.16
2 50.22 4,017.47
3 52.73 4,218.34
4 55.37 4,429.26
Page 275 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 46 of 74
5061 POA PEACE OFFICER
0 48.34 3,867.52
1 50.76 4,060.89
2 53.30 4,263.92
3 55.96 4,477.12
4 58.76 4,700.98
5 61.70 4,936.03
4731 MM PLAN CHECK SUPERVISOR
0 67.07 5,365.38
1 70.42 5,633.65
2 73.94 5,915.33
3 77.64 6,211.10
4 81.52 6,521.66
4753 ACE PLAN CHECK TECHNICIAN
0 36.05 2,884.38
1 37.86 3,028.61
2 39.75 3,180.03
3 41.74 3,339.03
4 43.82 3,505.99
4727 SM PLANNING MANAGER
0 76.15 6,092.02
1 -- --
2 83.40 6,671.78
3 -- --
4 92.56 7,404.88
4527 ACE PLANNING TECHNICIAN
0 32.22 2,577.80
1 33.83 2,706.69
2 35.53 2,842.02
3 37.30 2,984.13
4 39.17 3,133.34
6432 ACE PLUMBER
0 35.34 2,827.16
1 37.11 2,968.52
2 38.96 3,116.94
3 40.91 3,272.79
4 42.96 3,436.43
Page 276 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 47 of 74
5219 UCHR POL WELLNESS COORDINATOR
0 45.92 --
1 48.21 --
2 50.62 --
3 53.15 --
4 55.81 --
5025 SM POLICE ADMIN SVCS ADMINISTRATR
0 67.94 5,435.14
1 -- --
2 -- --
3 81.04 6,482.91
4 82.58 6,606.44
5051 POA POLICE AGENT
0 53.23 4,258.75
1 55.90 4,471.69
2 58.69 4,695.26
3 61.63 4,930.01
4 64.71 5,176.51
5 67.94 5,435.35
5022 SM POLICE CAPTAIN
0 98.58 7,886.17
1 -- --
2 -- --
3 -- --
4 119.82 9,585.70
5258 ACE POLICE COMM RELATIONS SPEC
0 30.58 2,446.37
1 32.11 2,568.69
2 33.71 2,697.12
3 35.40 2,831.99
4 37.17 2,973.58
5185 MM POLICE COMMUNICATIONS SYS MGR
0 66.93 5,354.09
1 70.27 5,621.79
2 73.79 5,902.89
3 77.48 6,198.03
4 81.35 6,507.93
Page 277 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 48 of 74
5187 UCHR POLICE DISPATCH CALLTAKER
0 29.07 --
1 30.53 --
2 32.05 --
3 33.66 --
4 35.34 --
5180 UCHR POLICE DISPATCHER
0 37.30 --
1 39.16 --
2 41.12 --
3 43.18 --
4 45.34 --
5181 ACE POLICE DISPATCHER
0 37.30 2,983.87
1 39.16 3,133.05
2 41.12 3,289.71
3 43.18 3,454.20
4 45.34 3,626.91
5183 ACE POLICE DISPATCHER SUPERVISOR
0 43.90 3,511.64
1 46.09 3,687.22
2 48.39 3,871.58
3 50.81 4,065.16
4 53.36 4,268.42
5179 ACE POLICE DISPATCHER TRAINEE
0 33.91 2,712.61
1 35.60 2,848.24
2 37.38 2,990.65
3 39.25 3,140.18
4 41.21 3,297.19
5191 ACE POLICE FACILITY & SUPPLY COORD
0 31.14 2,491.04
1 32.69 2,615.59
2 34.33 2,746.37
3 36.05 2,883.69
4 37.85 3,027.87
Page 278 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 49 of 74
5031 POA POLICE LIEUTENANT
0 73.49 5,879.04
1 77.16 6,172.99
2 81.02 6,481.64
3 85.07 6,805.74
4 89.33 7,146.03
5 93.79 7,503.33
5203 ACE POLICE RECORDS & SUPPORT SUPV
0 31.73 2,538.43
1 33.32 2,665.35
2 34.98 2,798.62
3 36.73 2,938.55
4 38.57 3,085.48
5204 UCHR POLICE RECORDS & SUPPORT SUPV
0 31.73 --
1 33.32 --
2 34.98 --
3 36.73 --
4 38.57 --
0165 ACE POLICE RECORDS SPECIALIST
0 23.99 1,919.42
1 25.19 2,015.39
2 26.45 2,116.16
3 27.77 2,221.97
4 29.16 2,333.07
0166 UCHR POLICE RECORDS SPECIALIST
0 23.99 --
1 25.19 --
2 26.45 --
3 27.77 --
4 29.16 --
5071 ACE POLICE RECRUIT
0 36.26 2,900.87
1 38.07 3,045.90
2 39.98 3,198.20
3 41.98 3,358.11
4 44.08 3,526.02
Page 279 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 50 of 74
5041 POA POLICE SERGEANT
0 61.24 4,898.84
1 64.30 5,143.78
2 67.51 5,400.98
3 70.89 5,671.02
4 74.43 5,954.57
5 78.15 6,252.30
5415 ACE POLICE SERVICES TECHNICIAN
0 30.39 2,431.18
1 31.91 2,552.74
2 33.50 2,680.38
3 35.18 2,814.39
4 36.94 2,955.11
5207 UCHR POLICE SUPPORT SERVICES AIDE
0 16.90 --
1 17.75 --
2 18.63 --
3 19.56 --
4 20.54 --
5205 MM POLICE SUPPORT SERVICES MGR
0 52.77 4,221.56
1 55.41 4,432.64
2 58.18 4,654.26
3 61.09 4,886.98
4 64.14 5,131.33
5209 MM POLICE TECHNOLOGY MANAGER
0 57.29 4,582.96
1 60.15 4,812.10
2 63.16 5,052.71
3 66.32 5,305.34
4 69.63 5,570.61
5107 ACE POLICE TECHNOLOGY SPECIALIST
0 45.47 3,637.22
1 47.74 3,819.08
2 50.13 4,010.04
3 52.63 4,210.54
4 55.26 4,421.07
Page 280 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 51 of 74
2013 PRUC POLICY AIDE
0 33.35 2,667.69
1 -- --
2 -- --
3 -- --
4 -- --
5 46.07 3,685.95
3629 MMCF PRINCIPAL ACCOUNTANT
0 55.62 4,449.76
1 58.40 4,672.25
2 61.32 4,905.86
3 64.39 5,151.15
4 67.61 5,408.72
6021 MM PRINCIPAL CIVIL ENGINEER
0 77.87 6,229.83
1 81.77 6,541.32
2 85.85 6,868.39
3 90.15 7,211.81
4 94.66 7,572.40
2724 MM PRINCIPAL ECON DEV SPECIALIST
0 62.88 5,030.49
1 66.03 5,282.01
2 69.33 5,546.11
3 72.79 5,823.42
4 76.43 6,114.59
3305 MMCF PRINCIPAL HR ANALYST
0 59.70 4,776.17
1 62.69 5,014.98
2 65.82 5,265.73
3 69.11 5,529.02
4 72.57 5,805.47
4486 MM PRINCIPAL LANDSCAPE ARCHITECT
0 62.88 5,030.49
1 66.03 5,282.01
2 69.33 5,546.11
3 72.79 5,823.42
4 76.43 6,114.59
Page 281 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 52 of 74
7051 MM PRINCIPAL LIBRARIAN
0 51.78 4,142.10
1 54.37 4,349.21
2 57.08 4,566.67
3 59.94 4,795.00
4 62.93 5,034.75
0208 PROF PRINCIPAL MANAGEMENT ANALYST
0 56.86 4,548.59
1 59.70 4,776.02
2 62.69 5,014.82
3 65.82 5,265.56
4 69.11 5,528.84
0214 PRCF PRINCIPAL MANAGEMENT ANALYST
0 56.86 4,548.59
1 59.70 4,776.02
2 62.69 5,014.82
3 65.82 5,265.56
4 69.11 5,528.84
0209 UCHR PRINCIPAL MGMT ANALYST (HRLY)
0 56.86 --
1 59.70 --
2 62.69 --
3 65.82 --
4 69.11 --
4431 MM PRINCIPAL PLANNER
0 62.88 5,030.49
1 66.03 5,282.01
2 69.33 5,546.11
3 72.79 5,823.42
4 76.43 6,114.59
7410 MM PRINCIPAL RECREATION MANAGER
0 59.75 4,779.89
1 62.74 5,018.88
2 65.87 5,269.82
3 69.17 5,533.32
4 72.62 5,809.99
3363 MMCF PRINCIPAL RISK MANAGEMENT SPEC
0 59.81 4,784.98
1 62.80 5,024.22
2 65.94 5,275.43
3 69.24 5,539.20
4 72.70 5,816.16
Page 282 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 53 of 74
6020 MM PRINCIPAL TRAFFIC ENGINEER
0 77.87 6,229.83
1 81.77 6,541.32
2 85.85 6,868.39
3 90.15 7,211.81
4 94.66 7,572.40
3717 MM PROCUREMENT SERVICES ANALYST
0 54.17 4,333.68
1 56.88 4,550.35
2 59.72 4,777.88
3 62.71 5,016.77
4 65.85 5,267.61
3721 ACE PROCUREMENT SPECIALIST
0 35.34 2,826.88
1 37.10 2,968.22
2 38.96 3,116.64
3 40.91 3,272.47
4 42.95 3,436.09
3090 PROF PROGRAMMER ANALYST
0 51.01 4,081.10
1 53.56 4,285.16
2 56.24 4,499.41
3 59.05 4,724.38
4 62.01 4,960.60
4217 ACE PROJECT COORDINATOR I
0 38.88 3,110.10
1 40.82 3,265.61
2 42.86 3,428.89
3 45.00 3,600.33
4 47.25 3,780.35
4215 ACE PROJECT COORDINATOR II
0 42.76 3,421.11
1 44.90 3,592.17
2 47.15 3,771.78
3 49.50 3,960.37
4 51.98 4,158.39
5127 ACE PROPERTY & EVIDENCE SPECIALIST
0 25.83 2,066.28
1 27.12 2,169.59
2 28.48 2,278.07
3 29.90 2,391.97
4 31.39 2,511.58
Page 283 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 54 of 74
5121 ACE PROPERTY & EVIDENCE SUPERVISOR
0 34.16 2,732.66
1 35.87 2,869.29
2 37.66 3,012.75
3 39.54 3,163.39
4 41.52 3,321.56
2784 UCHR PUBLIC INFO SPECIALIST (HRLY)
0 35.57 --
1 37.35 --
2 39.22 --
3 41.18 --
4 43.24 --
2782 CONF PUBLIC INFORMATION SPECIALIST
0 35.57 2,845.71
1 37.35 2,988.00
2 39.22 3,137.40
3 41.18 3,294.27
4 43.24 3,458.98
2783 ACE PUBLIC INFORMATION SPECIALIST
0 35.57 2,845.71
1 37.35 2,988.00
2 39.22 3,137.40
3 41.18 3,294.27
4 43.24 3,458.98
5254 ACE PUBLIC SAFETY ANALYST
0 38.93 3,114.01
1 40.87 3,269.70
2 42.91 3,433.19
3 45.06 3,604.85
4 47.31 3,785.09
5256 UCHR PUBLIC SAFETY ANALYST
0 38.93 --
1 40.87 --
2 42.91 --
3 45.06 --
4 47.31 --
6111 MM PUBLIC WORKS INSP MANAGER
0 59.98 4,798.75
1 62.98 5,038.70
2 66.13 5,290.62
3 69.44 5,555.16
4 72.91 5,832.92
Page 284 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 55 of 74
6123 ACE PUBLIC WORKS INSPECTOR I
0 36.34 2,907.46
1 38.16 3,052.83
2 40.07 3,205.47
3 42.07 3,365.74
4 44.18 3,534.03
6121 ACE PUBLIC WORKS INSPECTOR II
0 39.98 3,198.20
1 41.98 3,358.11
2 44.08 3,526.01
3 46.28 3,702.31
4 48.59 3,887.43
6336 MM PUBLIC WORKS MANAGER
0 64.01 5,120.40
1 67.21 5,376.42
2 70.57 5,645.24
3 74.09 5,927.50
4 77.80 6,223.88
6712 ACE PUBLIC WORKS SPECIALIST
0 30.05 2,403.65
1 31.55 2,523.83
2 33.13 2,650.03
3 34.78 2,782.53
4 36.52 2,921.66
6327 SM PUBLIC WORKS SUPERINTENDENT
0 77.87 6,229.83
1 81.77 6,541.32
2 85.85 6,868.39
3 90.15 7,211.81
4 94.66 7,572.40
6337 ACE PUBLIC WORKS SUPERVISOR
0 43.55 3,483.60
1 45.76 3,660.93
2 48.01 3,840.67
3 50.41 4,032.70
4 52.93 4,234.34
6392 ACE PUMP MAINTENANCE SUPERVISOR
0 45.72 3,657.78
1 48.01 3,840.67
2 50.41 4,032.70
3 52.93 4,234.34
4 55.58 4,446.05
Page 285 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 56 of 74
6396 ACE PUMP MAINTENANCE TECHNICIAN
0 37.11 2,968.52
1 38.96 3,116.95
2 40.91 3,272.79
3 42.96 3,436.43
4 45.10 3,608.25
3711 SM PURCHASING AGENT
0 63.22 5,057.77
1 -- --
2 -- --
3 -- --
4 76.85 6,147.75
5417 ACE RANGE MASTER
0 29.25 2,340.01
1 30.71 2,457.01
2 32.25 2,579.86
3 33.86 2,708.85
4 35.55 2,844.29
6037 MMUC REAL PROPERTY MANAGER
0 68.14 5,451.15
1 71.55 5,723.71
2 75.12 6,009.90
3 78.88 6,310.40
4 82.82 6,625.91
2211 MM RECORDS MANAGER
0 48.76 3,901.18
1 51.20 4,096.25
2 53.76 4,301.05
3 56.45 4,516.11
4 59.27 4,741.92
2217 ACE RECORDS SPECIALIST
0 24.89 1,990.98
1 26.13 2,090.53
2 27.44 2,195.05
3 28.81 2,304.80
4 30.25 2,420.04
7605 UCHR RECREATION AIDE
0 16.90 --
1 17.75 --
2 18.63 --
3 19.56 --
4 20.54 --
Page 286 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 57 of 74
7603 UCHR RECREATION LEADER
0 19.44 --
1 20.41 --
2 21.43 --
3 22.50 --
4 23.62 --
7601 UCHR RECREATION SPECIALIST
0 23.32 --
1 24.49 --
2 25.71 --
3 27.00 --
4 28.35 --
7425 ACE RECREATION SUPERVISOR I
0 31.53 2,522.36
1 33.11 2,648.48
2 34.76 2,780.90
3 36.50 2,919.96
4 38.32 3,065.95
7426 UCHR RECREATION SUPERVISOR I
0 31.53 --
1 33.11 --
2 34.76 --
3 36.50 --
4 38.32 --
7423 ACE RECREATION SUPERVISOR II
0 34.68 2,774.60
1 36.42 2,913.33
2 38.24 3,059.00
3 40.15 3,211.95
4 42.16 3,372.55
7422 ACE RECREATION SUPERVISOR III
0 39.88 3,190.79
1 41.88 3,350.33
2 43.97 3,517.85
3 46.17 3,693.74
4 48.48 3,878.43
2742 ACE RECYCLING SPECIALIST I
0 34.91 2,792.71
1 36.65 2,932.34
2 38.49 3,078.96
3 40.41 3,232.90
4 42.43 3,394.55
Page 287 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 58 of 74
2744 ACE RECYCLING SPECIALIST II
0 38.40 3,071.97
1 40.32 3,225.57
2 42.34 3,386.85
3 44.45 3,556.19
4 46.68 3,734.00
5307 ACE REGISTERED VETERINARY TECH
0 29.25 2,340.01
1 30.71 2,457.01
2 32.25 2,579.86
3 33.86 2,708.85
4 35.55 2,844.29
5312 UCHR REGISTERED VETERINARY TECH
0 29.25 --
1 30.71 --
2 32.25 --
3 33.86 --
4 35.55 --
3689 SM REVENUE MANAGER
0 67.94 5,435.14
1 -- --
2 -- --
3 78.08 6,246.54
4 82.58 6,606.44
3367 PRCF RISK MANAGEMENT SPECIALIST
0 45.23 3,618.12
1 47.49 3,799.04
2 49.86 3,988.98
3 52.36 4,188.43
4 54.97 4,397.85
3368 UCHR RISK MGMT SPECIALIST (HOURLY)
0 45.23 --
1 47.49 --
2 49.86 --
3 52.36 --
4 54.97 --
3371 MMCF SAFETY PROGRAM MGR
0 59.81 4,784.98
1 62.80 5,024.22
2 65.94 5,275.43
3 69.24 5,539.20
4 72.70 5,816.16
Page 288 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 59 of 74
0231 UCHR SEASONAL ASSISTANT
0 16.90 --
1 17.75 --
2 18.63 --
3 19.56 --
4 20.54 --
0171 ACE SECRETARY
0 24.89 1,990.98
1 26.13 2,090.53
2 27.44 2,195.05
3 28.81 2,304.80
4 30.25 2,420.04
3630 MMCF SENIOR ACCOUNTANT
0 49.33 3,946.69
1 51.80 4,144.02
2 54.39 4,351.22
3 57.11 4,568.79
4 59.97 4,797.23
3651 ACE SENIOR ACCOUNTING ASSISTANT
0 29.29 2,343.10
1 30.75 2,460.24
2 32.29 2,583.26
3 33.91 2,712.42
4 35.60 2,848.04
0185 ACE SENIOR ADMIN SECRETARY
0 34.62 2,769.64
1 36.35 2,908.12
2 38.17 3,053.53
3 40.08 3,206.21
4 42.08 3,366.52
5345 ACE SENIOR ANIMAL CARE SPECIALIST
0 28.03 2,242.51
1 29.43 2,354.64
2 30.90 2,472.36
3 32.45 2,595.99
4 34.07 2,725.78
3089 PROF SENIOR APPLICATION SUPP SPEC
0 51.14 4,091.30
1 53.70 4,295.87
2 56.38 4,510.65
3 59.20 4,736.19
4 62.16 4,973.00
Page 289 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 60 of 74
2403 SM SENIOR ASSISTANT CITY ATTORNEY
0 94.33 7,546.05
1 -- --
2 -- --
3 -- --
4 114.65 9,172.28
4781 ACE SENIOR BUILDING INSPECTOR
0 46.17 3,693.91
1 48.48 3,878.62
2 50.91 4,072.54
3 53.45 4,276.17
4 56.12 4,489.98
4507 ACE SENIOR BUSINESS LICENSE REP
0 29.29 2,343.10
1 30.75 2,460.24
2 32.29 2,583.26
3 33.91 2,712.42
4 35.60 2,848.04
6019 WCE SENIOR CIVIL ENGINEER
0 67.32 5,385.80
1 70.69 5,655.08
2 74.22 5,937.83
3 77.93 6,234.73
4 81.83 6,546.47
4763 ACE SENIOR CODE ENFORCEMNT OFFICER
0 44.03 3,522.46
1 46.23 3,698.58
2 48.54 3,883.51
3 50.97 4,077.69
4 53.52 4,281.56
6204 ACE SENIOR CONSERVATION SPECIALIST
0 44.16 3,532.77
1 46.37 3,709.41
2 48.69 3,894.88
3 51.12 4,089.62
4 53.68 4,294.10
2025 UCHR SENIOR COUNCIL ASSISTANT
0 32.55 --
1 34.18 --
2 35.88 --
3 37.68 --
4 39.56 --
Page 290 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 61 of 74
2027 CONF SENIOR COUNCIL ASSISTANT
0 32.55 2,603.87
1 35.88 2,870.77
2 -- --
3 39.56 3,165.03
4 -- --
5 44.97 3,597.80
2208 MMUC SENIOR DEPUTY CITY CLERK
0 48.11 3,848.60
1 50.51 4,041.03
2 53.04 4,243.08
3 55.69 4,455.23
4 58.47 4,677.99
2725 PROF SENIOR ECON DEVELOPMENT SPEC
0 52.14 4,171.29
1 54.75 4,379.85
2 57.49 4,598.84
3 60.36 4,828.79
4 63.38 5,070.23
6442 ACE SENIOR ELECTRICIAN
0 40.64 3,251.23
1 42.67 3,413.79
2 44.81 3,584.48
3 47.05 3,763.70
4 49.40 3,951.90
6471 ACE SENIOR ELECTRONICS TECHNICIAN
0 44.70 3,576.35
1 46.94 3,755.17
2 49.29 3,942.93
3 51.75 4,140.08
4 54.34 4,347.08
6059 ACE SENIOR ENGINEERING TECHNICIAN
0 41.46 3,317.04
1 43.54 3,482.89
2 45.71 3,657.05
3 48.00 3,839.89
4 50.40 4,031.88
Page 291 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 62 of 74
6512 ACE SENIOR EQUIPMENT MECHANIC
0 37.79 3,022.82
1 39.67 3,173.96
2 41.66 3,332.66
3 43.74 3,499.29
4 45.93 3,674.25
5529 IAFF SENIOR FIRE INSPECTOR/INVESTIG
0 50.85 4,067.63
1 53.39 4,271.01
2 56.06 4,484.56
3 58.86 4,708.81
4 61.80 4,944.21
5 64.89 5,191.42
0175 ACE SENIOR FISCAL OFFICE SPECIALST
0 26.13 2,090.53
1 27.44 2,195.05
2 28.81 2,304.80
3 30.25 2,420.04
4 31.76 2,541.04
3073 ACE SENIOR GIS ANALYST
0 43.87 3,509.34
1 46.06 3,684.81
2 48.36 3,869.05
3 50.78 4,062.50
4 53.32 4,265.63
2764 PROF SENIOR GRAPHIC DESIGNER
0 43.04 3,443.57
1 45.20 3,615.75
2 47.46 3,796.55
3 49.83 3,986.37
4 52.32 4,185.68
3308 PRCF SENIOR HR ANALYST
0 51.91 4,153.19
1 54.51 4,360.85
2 57.24 4,578.89
3 60.10 4,807.83
4 63.10 5,048.23
Page 292 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 63 of 74
3313 UCHR SENIOR HR ANALYST
0 51.91 --
1 54.51 --
2 57.24 --
3 60.10 --
4 63.10 --
3316 CONF SENIOR HR TECHNICIAN
0 36.29 2,902.82
1 38.10 3,047.96
2 40.00 3,200.36
3 42.00 3,360.38
4 44.10 3,528.39
6441 ACE SENIOR HVAC TECHNICIAN
0 40.64 3,251.23
1 42.67 3,413.79
2 44.81 3,584.48
3 47.05 3,763.70
4 49.40 3,951.90
3012 PROF SENIOR INFO TECH SUPPORT SPEC
0 48.35 3,868.00
1 50.77 4,061.41
2 53.31 4,264.48
3 55.97 4,477.70
4 58.77 4,701.59
3031 PROF SENIOR ITS/POL SPEC II (T)
0 49.79 3,982.87
1 52.28 4,182.01
2 54.89 4,391.11
3 57.63 4,610.67
4 60.52 4,841.20
6285 WCE SENIOR LAND SURVEYOR
0 67.32 5,385.80
1 70.69 5,655.08
2 74.22 5,937.83
3 77.93 6,234.73
4 81.83 6,546.47
6295 ACE SENIOR LANDSCAPE INSPECTOR
0 45.97 3,677.93
1 48.27 3,861.82
2 50.69 4,054.91
3 53.22 4,257.66
4 55.88 4,470.54
Page 293 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 64 of 74
5110 ACE SENIOR LATENT PRINT EXAMINER
0 49.49 3,959.20
1 51.96 4,157.17
2 54.56 4,365.03
3 57.29 4,583.28
4 60.16 4,812.44
2463 CONF SENIOR LEGAL ASSISTANT
0 34.96 2,797.08
1 36.71 2,936.93
2 38.55 3,083.78
3 40.47 3,237.97
4 42.50 3,399.87
7053 MM SENIOR LIBRARIAN
0 41.91 3,352.58
1 44.00 3,520.21
2 46.20 3,696.22
3 48.51 3,881.03
4 50.94 4,075.08
7589 UCHR SENIOR LIFEGUARD
0 20.79 --
1 21.82 --
2 22.92 --
3 24.06 --
4 25.26 --
6371 ACE SENIOR MAINTENANCE WORKER
0 32.93 2,634.10
1 34.57 2,765.81
2 36.30 2,904.10
3 38.12 3,049.31
4 40.02 3,201.77
0206 PROF SENIOR MANAGEMENT ANALYST
0 49.34 3,947.13
1 51.81 4,144.48
2 54.40 4,351.70
3 57.12 4,569.29
4 59.97 4,797.75
0226 PRCF SENIOR MANAGEMENT ANALYST
0 49.34 3,947.13
1 51.81 4,144.48
2 54.40 4,351.70
3 57.12 4,569.29
4 59.97 4,797.75
Page 294 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 65 of 74
3051 PROF SENIOR NETWORK ENGINEER
0 63.38 5,070.75
1 66.55 5,324.29
2 69.88 5,590.50
3 73.38 5,870.03
4 77.04 6,163.53
0173 ACE SENIOR OFFICE SPECIALIST
0 24.89 1,990.98
1 26.13 2,090.53
2 27.44 2,195.05
3 28.81 2,304.80
4 30.25 2,420.04
0174 UCHR SENIOR OFFICE SPECIALIST
0 24.89 --
1 26.13 --
2 27.44 --
3 28.81 --
4 30.25 --
6309 ACE SENIOR OPEN SPACE INSPECTOR
0 45.97 3,677.93
1 48.27 3,861.82
2 50.69 4,054.91
3 53.22 4,257.66
4 55.88 4,470.54
7439 ACE SENIOR PARK RANGER
0 32.93 2,634.10
1 34.57 2,765.81
2 36.30 2,904.10
3 38.12 3,049.31
4 40.02 3,201.77
5157 ACE SENIOR PARKING ENFORCEMENT OFF
0 26.59 2,127.28
1 27.92 2,233.64
2 29.32 2,345.33
3 30.78 2,462.60
4 32.32 2,585.72
6615 ACE SENIOR PARKS MAINT WORKER
0 32.93 2,634.10
1 34.57 2,765.81
2 36.30 2,904.10
3 38.12 3,049.31
4 40.02 3,201.77
Page 295 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 66 of 74
4746 WCE SENIOR PLAN CHECK ENGINEER
0 63.07 5,045.73
1 66.23 5,298.03
2 69.54 5,562.92
3 73.01 5,841.07
4 76.66 6,133.12
4751 ACE SENIOR PLAN CHECK TECHNICIAN
0 41.46 3,317.04
1 43.54 3,482.89
2 45.71 3,657.05
3 48.00 3,839.89
4 50.40 4,031.88
4432 PROF SENIOR PLANNER
0 52.14 4,171.29
1 54.75 4,379.85
2 57.49 4,598.84
3 60.36 4,828.79
4 63.38 5,070.23
4529 ACE SENIOR PLANNING TECHNICIAN
0 37.06 2,964.48
1 38.91 3,112.69
2 40.85 3,268.34
3 42.90 3,431.75
4 45.04 3,603.34
6446 ACE SENIOR PLUMBER
0 40.64 3,251.23
1 42.67 3,413.80
2 44.81 3,584.49
3 47.05 3,763.71
4 49.40 3,951.90
0135 ACE SENIOR POLICE RECORDS SPEC
0 27.59 2,207.33
1 28.97 2,317.70
2 30.42 2,433.59
3 31.94 2,555.26
4 33.54 2,683.02
0136 UCHR SENIOR POLICE RECORDS SPEC
0 27.59 --
1 28.97 --
2 30.42 --
3 31.94 --
4 33.54 --
Page 296 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 67 of 74
3728 PROF SENIOR PROCUREMENT SPECIALIST
0 43.69 3,494.89
1 45.87 3,669.65
2 48.16 3,853.12
3 50.57 4,045.78
4 53.10 4,248.07
3091 PROF SENIOR PROGRAMMER ANALYST
0 58.67 4,693.26
1 61.60 4,927.92
2 64.68 5,174.32
3 67.91 5,433.03
4 71.31 5,704.68
5125 ACE SENIOR PROPRTY & EVIDENCE SPEC
0 29.70 2,376.22
1 31.19 2,495.03
2 32.75 2,619.78
3 34.38 2,750.78
4 36.10 2,888.32
2785 ACE SENIOR PUBLIC INFO SPECIALIST
0 40.91 3,272.57
1 42.95 3,436.20
2 45.10 3,608.01
3 47.36 3,788.41
4 49.72 3,977.83
5248 UCHR SENIOR PUBLIC SAFETY ANALYST
0 49.34 --
1 51.81 --
2 54.40 --
3 57.12 --
4 59.97 --
5260 PROF SENIOR PUBLIC SAFETY ANALYST
0 49.34 3,947.13
1 51.81 4,144.48
2 54.40 4,351.70
3 57.12 4,569.29
4 59.97 4,797.75
6101 ACE SENIOR PUBLIC WORKS INSPECTOR
0 45.97 3,677.92
1 48.27 3,861.81
2 50.69 4,054.90
3 53.22 4,257.65
4 55.88 4,470.53
Page 297 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 68 of 74
6702 ACE SENIOR PUBLIC WORKS SPECIALIST
0 36.05 2,884.38
1 37.86 3,028.61
2 39.75 3,180.03
3 41.74 3,339.03
4 43.82 3,505.99
2215 ACE SENIOR RECORDS SPECIALIST
0 28.62 2,289.62
1 30.05 2,404.10
2 31.55 2,524.31
3 33.13 2,650.53
4 34.79 2,783.05
2216 UCHR SENIOR RECORDS SPECIALIST
0 28.62 --
1 30.05 --
2 31.55 --
3 33.13 --
4 34.79 --
2746 ACE SENIOR RECYCLING SPECIALIST
0 44.16 3,532.77
1 46.37 3,709.41
2 48.69 3,894.88
3 51.12 4,089.62
4 53.68 4,294.10
3365 PRCF SENIOR RISK MANAGEMENT SPEC
0 52.01 4,160.85
1 54.61 4,368.89
2 57.34 4,587.33
3 60.21 4,816.70
4 63.22 5,057.54
0177 ACE SENIOR SECRETARY
0 27.38 2,190.07
1 28.74 2,299.57
2 30.18 2,414.56
3 31.69 2,535.29
4 33.28 2,662.04
6573 ACE SENIOR TREE TRIMMER
0 36.22 2,897.52
1 38.03 3,042.39
2 39.93 3,194.51
3 41.93 3,354.24
4 44.02 3,521.94
Page 298 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 69 of 74
2779 PROF SENIOR WEBMASTER
0 44.99 3,599.34
1 47.24 3,779.30
2 49.60 3,968.27
3 52.08 4,166.68
4 54.69 4,375.01
6169 ACE SIGNAL SYSTEMS ENGINEER I
0 41.78 3,342.55
1 43.87 3,509.68
2 46.06 3,685.16
3 48.37 3,869.42
4 50.79 4,062.89
6170 ACE SIGNAL SYSTEMS ENGINEER II
0 45.96 3,676.81
1 48.26 3,860.65
2 50.67 4,053.68
3 53.20 4,256.36
4 55.86 4,469.18
6355 ACE SIGNING AND STRIPING SUPV
0 43.55 3,483.60
1 45.72 3,657.78
2 48.01 3,840.67
3 50.41 4,032.70
4 52.93 4,234.34
2751 SM SPECIAL PROJECTS MGR
0 65.67 5,253.62
1 -- --
2 -- --
3 76.02 6,081.72
4 79.82 6,385.81
2799 PRUC SPECL EVENTS COORD
0 47.51 3,800.45
1 49.88 3,990.47
2 52.38 4,190.00
3 54.99 4,399.50
4 57.74 4,619.48
3318 UCHR SR HUMAN RESOURCES TECHNICIAN
0 36.29 --
1 38.10 --
2 40.00 --
3 42.00 --
4 44.10 --
Page 299 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 70 of 74
6614 UCHR SR PARKS MAINT WRKR (HOURLY)
0 32.93 --
1 34.57 --
2 36.30 --
3 38.12 --
4 40.02 --
3734 ACE STOREKEEPER
0 27.44 2,195.09
1 28.81 2,304.83
2 30.25 2,420.08
3 31.76 2,541.08
4 33.35 2,668.14
3732 ACE STOREKEEPER SUPERVISOR
0 32.93 2,634.10
1 34.57 2,765.81
2 36.30 2,904.10
3 38.12 3,049.31
4 40.02 3,201.77
6127 ACE STORMWATER COMPLNCE INSP I
0 34.61 2,769.00
1 36.34 2,907.45
2 38.16 3,052.82
3 40.07 3,205.46
4 42.07 3,365.73
6125 ACE STORMWATER COMPLNCE INSP II
0 38.07 3,045.90
1 39.98 3,198.20
2 41.98 3,358.11
3 44.08 3,526.01
4 46.28 3,702.31
6137 ACE STORMWATER ENV SPECIALIST I
0 38.00 3,039.62
1 39.90 3,191.61
2 41.89 3,351.19
3 43.98 3,518.75
4 46.18 3,694.69
6135 ACE STORMWATER ENV SPECIALIST II
0 41.79 3,343.59
1 43.88 3,510.77
2 46.08 3,686.31
3 48.38 3,870.63
4 50.80 4,064.16
Page 300 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 71 of 74
6131 MM STORMWATER PROGRAM MANAGER
0 58.09 4,647.00
1 60.99 4,879.35
2 64.04 5,123.32
3 67.24 5,379.48
4 70.61 5,648.45
5241 MM SUPRVSNG PUBLIC SAFETY ANALYST
0 56.74 4,539.19
1 59.58 4,766.15
2 62.56 5,004.46
3 65.68 5,254.68
4 68.97 5,517.41
6151 ACE SURVEY TECHNICIAN I
0 32.78 2,622.17
1 34.42 2,753.28
2 36.14 2,890.94
3 37.94 3,035.49
4 39.84 3,187.26
6141 ACE SURVEY TECHNICIAN II
0 36.05 2,884.38
1 37.86 3,028.61
2 39.75 3,180.03
3 41.74 3,339.03
4 43.82 3,505.99
3015 PROF SYSTEMS/DATABASE ADMINISTRATOR
0 48.07 3,845.99
1 50.48 4,038.31
2 53.00 4,240.22
3 55.65 4,452.24
4 58.44 4,674.83
7503 UCHR TINY TOT AIDE
0 19.44 --
1 20.41 --
2 21.43 --
3 22.50 --
4 23.62 --
7505 UCHR TINY TOT SPECIALIST
0 23.32 --
1 24.49 --
2 25.71 --
3 27.00 --
4 28.35 --
Page 301 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 72 of 74
5155 UCHR TRAFFIC CONTROL ASSISTANT
0 16.90 --
1 17.75 --
2 18.63 --
3 19.56 --
4 20.54 --
5293 UCHR TRAFFIC OFFICER
0 16.90 --
1 17.75 --
2 18.63 --
3 19.56 --
4 20.54 --
6187 ACE TRAFFIC SIGNAL & LIGHT TECH I
0 33.30 2,664.02
1 34.97 2,797.22
2 36.71 2,937.08
3 38.55 3,083.93
4 40.48 3,238.14
6185 ACE TRAFFIC SIGNAL & LIGHT TECH II
0 36.63 2,930.42
1 38.46 3,076.94
2 40.38 3,230.79
3 42.40 3,392.33
4 44.52 3,561.95
6181 ACE TRAFFIC SIGNAL & LIGHTING SUPV
0 42.12 3,369.99
1 44.23 3,538.49
2 46.44 3,715.40
3 48.76 3,901.18
4 51.20 4,096.24
5262 ACE TRAINING PROGRAM SPECIALIST
0 30.58 2,446.37
1 32.11 2,568.69
2 33.71 2,697.12
3 35.40 2,831.99
4 37.17 2,973.58
6031 WCE TRANSPORTATION ENGR W LIC
0 67.32 5,385.80
1 70.69 5,655.08
2 74.22 5,937.83
3 77.93 6,234.73
4 81.83 6,546.47
Page 302 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 73 of 74
6033 WCE TRANSPORTATION ENGR W/O LIC
0 64.12 5,129.34
1 67.32 5,385.82
2 70.69 5,655.10
3 74.22 5,937.86
4 77.93 6,234.75
6575 ACE TREE TRIMMER
0 30.18 2,414.59
1 31.69 2,535.32
2 33.28 2,662.09
3 34.94 2,795.19
4 36.69 2,934.95
6572 ACE TREE TRIMMER SUPERVISOR
0 41.65 3,332.14
1 43.73 3,498.75
2 45.92 3,673.69
3 48.22 3,857.36
4 50.63 4,050.24
5335 PROF VETERINARIAN I
0 51.44 4,114.87
1 54.01 4,320.60
2 56.71 4,536.64
3 59.54 4,763.47
4 62.52 5,001.64
5333 PROF VETERINARIAN II
0 59.15 4,732.10
1 62.11 4,968.69
2 65.21 5,217.14
3 68.47 5,477.99
4 71.90 5,751.89
5334 UCHR VETERINARIAN II
0 56.33 --
1 59.15 --
2 62.11 --
3 65.21 --
4 68.47 --
5323 UCHR VETERINARY ASSISTANT
0 22.84 --
1 23.98 --
2 25.18 --
3 26.44 --
4 27.76 --
Page 303 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Year 2025-
Effective January 9, 202
Job
BU
Position Title
Step
Hourly
Period
Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F
Period rate shown is based on an 80‐hour bi-weekly pay period, with exception of Fire Department positions with an A or B designation.
Approved and Adopted:
Resolution No.
Page 74 of 74
5325 ACE VETERINARY ASSISTANT
0 22.84 1,826.93
1 23.98 1,918.28
2 25.18 2,014.19
3 26.44 2,114.90
4 27.76 2,220.65
3029 ACE VOIP/VIDEOCONF SPECIALIST
0 40.10 3,208.13
1 42.11 3,368.53
2 44.21 3,536.96
3 46.42 3,713.81
4 48.74 3,899.49
7131 ACE VOLUNTEER COORDINATOR
0 24.96 1,997.11
1 26.21 2,096.98
2 27.52 2,201.82
3 28.90 2,311.91
4 30.34 2,427.51
2777 ACE WEBMASTER
0 39.88 3,190.31
1 41.87 3,349.83
2 43.97 3,517.32
3 46.16 3,693.19
4 48.47 3,877.84
Revised
June 17, 2025 (Effective July 11, 2025)
July 8, 2025 (Effective July 11, 2025)
July 22, 2025 (Effective July 25, 2025)
September 9, 2025 (Effective September 19, 2025)
October 7, 2025 (Effective October 17, 2025)
December 2, 2025 (Effective December 12, 2025)
December 2, 2025 (Effective December 26, 2025)
December 16, 2025 (Effective January 9, 2026)
Page 304 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
v . 0 0 5 P a g e | 1
December 16, 2025
ITEM TITLE
Grant Award and Appropriation: Accept Grant Funds from the San Diego Workforce Partnership for Cohort
Training Activities and Appropriate Funds
Report Number: 25-0301
Location: No specific geographic location
Department: Fire
G.C. § 84308 Regulations Apply: No
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.
Recommended Action
Adopt a resolution accepting the San Diego Workforce Partnership grant of $494,181 and appropriating
funds for that purpose. (4/5 vote required)
SUMMARY
The Fire Department submitted a proposal for the San Diego Workforce Partnership's request for proposal
for the 2025 EMS-Fire Pilot Pathways Initiative. The scope of this proposal is to train (25) Emergency
Medical Technicians, (50) Firefighters to Wildland Type 2, and (25) Firefighters to Wildland Firefighter Type
1. Accepting this grant award would provide $494,181 over 9 months, supporting 100 job-ready individuals
for the EMS-Fire pathway.
ENVIRONMENTAL REVIEW
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.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Page 305 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
P a g e | 2
Not Applicable
DISCUSSION
With support from the San Diego Workforce Partnership, the Chula Vista Fire Department (CVFD) will launch
three structured training cohorts designed to prepare participants for careers in EMS and wildland fire.
Leveraging our instructors, facilities, equipment, and longstanding regional reputation, these cohorts will
provide high-quality instruction, hands-on experience, and direct job placement pathways into in-demand
roles.
Participants will train at CVFD facilities using department equipment and will regularly engage with CVFD
personnel. Ride-alongs with our EMS and fire units will reinforce classroom learning and give participants
valuable exposure to real-world operations. These interactions also offer mentorship opportunities, helping
participants build the confidence and relationships critical for job readiness. We propose the following three
cohorts:
1. Emergency Medical Technician (EMT) Cohort – 210 Hours (25 Participants)
The EMT program prepares individuals for entry-level EMS roles with fire departments, ambulance
providers, lifeguard agencies, emergency rooms, and special event medical teams. Participants will be
eligible to join CVFD as hourly EMTs or test for full-time EMT positions. Becoming an EMT is also the first
step toward becoming a Paramedic.
Curriculum:
EMT Prep Course – 16 hrs
CPR Certification – 8 hrs
EMT Core Curriculum – 170 hrs
National Registry Exam Prep – 16 hrs
2. Wildland Firefighter Type 2 (WFT2) – 56 Hours (50 Participants)
The WFT2 program qualifies individuals for entry-level wildland firefighter and hand crew positions across
local, state, and federal agencies. Two cohorts of 20 will be offered. Graduates may work with CVFD Crew 1
or pursue roles with Cal Fire, the U.S. Forest Service, and contract fire suppression agencies.
Curriculum:
S-130: Basic Wildland Firefighter – 40 hrs
L-180: Human Factors in Wildland Fire – 16 hrs
S-190, IS-100, IS-700 (Self-Study)
3. Wildland Firefighter Type 1 (WFT1) – 128 Hours (25 Participants)
Designed for advanced wildland firefighting roles, the WFT1 program builds on WFT2 training. Participants
will be qualified for supervisory hand crew roles and more competitive firefighter applications with federal
or state agencies.
Curriculum:
RT-130: Annual Refresher – 8 hrs
S-131: Firefighter Type 1 – 40 hrs
S-211: Portable Pumps & Water Use – 40 hrs
Page 306 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
P a g e | 3
S-212: Wildland Fire Chainsaws – 40 hrs
Each cohort will be segmented into manageable portions and timed to coincide with school breaks,
supporting accessibility for both students and working adults. Participants will be paid a stipend for course
completions, reducing barriers such as transportation and childcare costs. We will also collaborate with SBCS
and other community-based organizations to ensure wraparound support, including referrals for housing,
case management, and mental health services. The cohort model ensures job-readiness, connects
participants to real hiring pipelines, and supports equitable access to high-wage, high-growth careers in
public safety.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the City Council members do not create 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.
CURRENT-YEAR FISCAL IMPACT
Approval of the resolution will result in the acceptance of $494,181 in grant funds from the San Diego
Workforce Partnership and amend the fiscal year 2025-26 budget by appropriating $494,181 to the Other
Expenses category to the Fire Section of the State Grants Fund. Funding from the San Diego Workforce
Partnership will completely offset these costs, resulting in no net fiscal impact to the General Fund.
ONGOING FISCAL IMPACT
There is no cost share responsibility to the City and no fiscal impact to the General Fund. This grant
opportunity has a defined performance period from November 21, 2025, through September 30, 2026 (10
months). Grant program expenses will be limited to the grant award funds unless future funds are identified,
secured, and allocated.
ATTACHMENTS
1. Award Letter
2. Grant Budget Detail
Staff Contact: Harry Muns, Fire Chief
Chris Manroe, Deputy Fire Chief
Marlon King, Emergency Services Manager
Page 307 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Form Rev 9/30/2025
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING FUNDS FROM THE SAN DIEGO
WORKFORCE PARTNERSHIP, AMENDING THE FISCAL
YEAR 2025-26 BUDGET AND APPROPRIATING FUNDS
THEREFOR
WHEREAS, the San Diego Workforce Partnership’s mission is to empower job seekers to
meet the current and future workforce needs of employers in San Diego County; and
WHEREAS, the San Diego Workforce Partnership provides job-readiness grant
opportunities to qualified entities to prepare individuals for professions that have employment
gaps; and
WHEREAS, the Chula Vista Fire Department (CVFD) has an established training program
for EMT, Wildland Firefighter Type 2, and Wildland Firefighter Type 1; and
WHEREAS, the CVFD has an ongoing need to hire EMTs and Firefighters to support its
mission to protect life, environment, and property; and
WHEREAS, the CVFD received notification of approval of the grant application, with a
grant award in the amount of $494,181.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it accepts the San Diego Workforce Partnership Grant award and amends the fiscal year 2025-
26 budget by appropriating $494,181 to the Fire Section of the State Grants Fund.
BE IT FURTHER RESOLVED, that the City Manager, or designee, is authorized to enter
into and execute an agreement with the San Diego Workforce Partnership, any amendments,
extensions, or renewals of the agreement, and any and all documents necessary and appropriate to
implement this resolution.
BE IT FURTHER RESOLVED, that the City Manager, or designee is authorized to take
all necessary action to administer, monitor, manage, and ensure compliance with the Program
including certification made in the Application, and further to enter into and execute contracts with
third parties to implement the Program or use of funds, as appropriate.
Presented by Approved as to form by
Harry Muns Marco A. Verdugo
Fire Chief City Attorney
Page 308 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
9246 Lightwave Ave. Suite 210 San Diego, CA 92123
(619) 228-2900 TDD (619) 228-2983 workforce.org
Subject: EMS-Fire Pilot Pathways Initiative – Proposal Review Outcome
Dear Harry Muns,
Thank you for submitting a proposal in response to the San Diego Workforce
Partnership’s Request for Proposals (RFP) for EMS-Fire Pilot Pathways Initiative. We
appreciate the time, effort, and thoughtfulness that went into your submission.
I’m pleased to inform you that Chula Vista Fire Department’s submission has been
approved by the San Diego Workforce Partnership Boards as a training provider to
implement the EMS-Fire Pilot Pathways Initiative services.
Please anticipate receiving an official award letter.
We look forward to the opportunity to collaborate with you on this important work. If you
have any questions regarding this notification, please don’t he sitate to reach out to us
via fireandems@workforce.org.
Sincerely,
Rachel Bereza
President and CEO
Page 309 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Items Description Calculation
Total Grant
Budget % Allocation Cross Check
Administrative
Costs CVFD Overhead Cost at 6.76%6.76%31,291.33$
Total 31,291.33$ 6.3%
Items Description Calculation
CVFD In-Kind
Budget
Total Grant
Budget % Allocation Cross Check
Program Staff
(.5-Part-time) CVFD Training Fire
Captain for suppervision, onboarding,
training support, coordination, and
mentorship.
Training
Captain Pay &
Benefit
Cost=$236,279
118,139.50$ 118,139.50$
Note: CVFD will be
supporting this program
when the grant funded
Training Captain is not
available.
Adjunct &
Skills
Instructors
CVFD in-kind adjunct and skills
instructors for all cohorts.
See In-Kind
Budget Tab
$ 80,550.00 -$
Facilities, Fire
Apparatus,
Tools, &
Equipment
Type 3 Engine, Type 6 Engine, Crew
Carrier, Chainsaws using Cal OES &
FEMA Equip Rates
See In-Kind
Budget Tab
$ 37,320.56 -$
Unifoms/PPE
Uniforms/PPE for participants include:
pants, long sleeve shirts, cover shirts,
boots, helmet, eye protection,
sunscreen, chaps and gloves.
$750 75,000.00$
Total 236,010.06$ 193,139.50$ 39.1%
45.4%
# Requested Stipend # of Hours Total Budget % Allocation Cross Check
50 1,250.00$ 56 62,500.00$ FF Type 2 Cohort
25 2,500.00$ 128 62,500.00$ FF Type 1 Cohort
25 4,000.00$ 210 100,000.00$ EMT Cohort
100.00 225,000.00$ 45.5%
Items Description Calculation Total Budget % Allocation Cross Check
Wildland
Firefighter T2
(1) Instructor-40
hours at $75/hour 3,000.00$
Wildland
Firefighter T2
Course Materials
$2000. 2,000.00$
Wildland
Firefighter T2
(1) Instructor-24
hours at $75/hour 1,800.00$
EMT
(1) Instructor-16
hours at $75/hour 1,200.00$
EMT
Course Materials
$500 500.00$
EMT
(1) Instructor-8
hours at $75/hour 600.00$
EMT
(1) Instructor-170
hours at $75/hour 12,750.00$
EMT
Course Materials
$2000 2,000.00$
EMT
(1) Instructor-16
hours at $75/hour 1,200.00$
EMT
Course Materials
$500 500.00$
Wildland
Firefighter T1
(1) Instructor-40
hours at $75/hour 3,000.00$
Wildland
Firefighter T1
Course Materials
$2,000 2,000.00$
Wildland
Firefighter T1
(1) Instructor-16
hours at $75/hour 1,200.00$
Wildland
Firefighter T1
(1) Instructor-40
hours at $75/hour 3,000.00$
Wildland
Firefighter T1
Course Materials
$2,000 2,000.00$
Wildland
Firefighter T1
(2) Instructors-40
hours (80total) at
$75/hour
6,000.00$
Wildland
Firefighter T1
Course Materials
$2,000 2,000.00$
9.1%
Total 44,750.00$ 100%
Grant Subtotal 462,889.50$
CVFD In-Kind Budget Total 236,010.06$ 48%
Total Budget Request 494,180.83$ Cost Per Person
Total Budgeted # in Cohort*100.00 4,941.81$
CVFD In-kind Value Percent of Request
I - B. Direct Operating Costs
II. Participant Stipends-Fire/EMT Cohort
NWCG S130 Basic Wildland Firefighter Training Instructor
Cost for 40 hours.
NWCG S130 Basic Wildland Firefighter Training Instructor
Cost for 40 hours.
NWCG L180 Wildland Fire Service Leadership Instructor
Cost for 24 hours
CVFD EMT Preparation Course Instructor Cost for 24
hours
CVFD EMT Preparation Course Instructor Cost for 16
hours
CVFD CPR Course Instructor Cost for 8 hours
III. Job Readiness Training (Program)
Fire-EMS Chula Vista Fire Department Response-2025
I -A/B. Administrative & Direct Operting Costs Total
I - A. Administrative
CVFD EMT Course Instructor Cost for 170 hours
CVFD EMT Course Instructor Cost for 148 hours
CVFD EMT National Registry Preparation Course
Instructor Cost for 16 hours
CVFD EMT National Registry Preparation Course
Instructor Cost for 24 hours
NWCG S131 Wildland Firefighter Type 1 Training
Instructor Cost for 40 hours.
NWCG S212 Wildland Fire Chainsaw Use & Maint.
Training Instructor Cost for 80 hours.
NWCG S131 Wildland Firefighter Type 1 Training
Instructor Cost for 40 hours.
NWCG RT130 Wildland Firefighter Safety and Awareness
Training Instructor Cost for 8 hours.
NWCG S211 Portable Pumps and Water Use Training
Instructor Cost for 40 hours.
NWCG S211 Portable Pumps and Water Use Training
Instructor Cost for 40 hours.
NWCG S212 Wildland Fire Chainsaw Use & Maint.
Training Instructor Cost for 80 hours.
Page 310 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
v . 0 0 5 P a g e | 1
December 16, 2025
ITEM TITLE
Real Property Purchase: Approve the Acquisition of Real Property at 61 First Avenue, Amend the Fiscal Year
2025-26 Budget and Appropriate Funds
Report Number: 25-0303
Location: 61 First Avenue
Department: City Manager
G.C. § 84308 Regulations Apply: Yes
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15316 Class 16 (Transfer of Ownership of Land in Order
to Create Parks). In addition, notwithstanding the foregoing, the Project also qualifies for the Common Sense
Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.
Recommended Action
Adopt a resolution approving the purchase of 61 First Avenue (APN 566-131-05-00) for the purposes of the
Lower Sweetwater Community Park Project, amending the fiscal year 2025-26 budget, and appropriating
funds for this purpose. (4/5 Vote Required)
SUMMARY
The City of Chula Vista is planning a new community park on a site known as Lower Sweetwater. It is located
on approximately 19.7 acres of City-owned land just west of Interstate 805 and south of State Route 54 and
the Sweetwater River.
Acquisition of parcels along First Avenue has been identified as necessary to establish access for both
construction and future public use of the proposed park site. This item proposes the purchase of a parcel at
61 First Avenue.
ENVIRONMENTAL REVIEW
The proposed project has been reviewed for compliance with the California Environmental Quality Act
(CEQA) and it has been determined that the project qualifies for a Categorical Exemption pursuant to State
Guidelines Section 15316 Class 16 (Transfer of Ownership of Land in Order to Create Parks), because the
proposed project consists of the acquisition of land in order to establish a park where the land is in a natural
Page 311 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
P a g e | 2
condition, and a management plan for the future park has not yet been prepared. Thus, no further
environmental review is required at this time. CEQA will apply when a management plan is proposed that
will change the area from its natural condition. In addition, notwithstanding the foregoing, it has also been
determined that the project qualifies for the Common Sense Exemption pursuant to Section 15061(b)(3) of
the CEQA State Guidelines.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The City of Chula Vista is planning a new community park on a site known as Lower Sweetwater. It is located
on approximately 19.7 acres of City-owned land just west of Interstate 805 and south of State Route 54 and
the Sweetwater River.
History of Lower Sweetwater
The Lower Sweetwater park site has been vacant for most of the City’s history. The site was bisected by the
Sweetwater River before the river was realigned and channelized through several public works projects in
the 1970s, including the construction of State Route 54 and Interstate 805. The Chula Vista General Plan,
adopted in 2005, identified Lower Sweetwater as a future park site. The City’s Parks & Recreation Master
Plan in 2016 also identified Lower Sweetwater as a future community park and provided a list of
recommended park amenities based on community needs at the time.
Designing the Park
The park is currently in the early stages of planning and design, and the City is exploring funding
opportunities.
Community members will be invited to participate in a park planning process to identify and prioritize
desired amenities, such as playing fields, playground equipment, and restrooms. The process will include
gathering input through online surveys and in-person meetings for community members to provide ideas
and feedback on preliminary design options. Estimated costs for various amenities, and an estimated budget
for the project as a whole, will help determine the options available.
The community engagement process will inform the creation of a new Park Master Plan for the site. When
complete, the Park Master Plan will be presented to the Chula Vista Parks and Recreation Commission and
City Council for discussion and approval.
Site Access
During the planning process, staff identified the need for expanding the dedicated public access to the park
site. While the City currently has a portion of right-of-way along First Avenue, it is insufficient for public
access purposes. The City, therefore, seeks to acquire additional parcels currently held under private
ownership. Acquisition of parcels is necessary to provide safe and permanent access for construction, future
park operations, and public use.
Page 312 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
P a g e | 3
Staff has negotiated with property owners at 61 First Avenue (APN 566-131-05-00) for the purchase of a
parcel critical to expand access. The proposed agreement would allow the City to purchase 61 First Avenue
for $290,000 as well as associated escrow and closing costs.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings
within 1,000 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)(7) or (8), 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.
CURRENT-YEAR FISCAL IMPACT
The projected fiscal impact of this action is estimated at $290,000, plus associated escrow and closing costs.
All costs associated with the purchase of the parcel will be funded by the Sunbow Park Benefit Fee Fund
revenues. This action amends the fiscal year 2025-26 budget by increasing appropriations in the Other
Capital category of the Sunbow Park Benefit Fee fund.
ONGOING FISCAL IMPACT
Any future costs related to Lower Sweetwater Community Park will be brought forward for City Council
consideration.
ATTACHMENTS
1. Real Property Purchase Agreement for 61 First Avenue (APN 566-131-05-00)
Staff Contact: Scott Dickson, Real Property Manager
Tiffany Allen, City Manager
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Form Rev 2/18/2025
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE PURCHASE OF REAL
PROPERTY LOCATED AT 61 FIRST AVENUE (APN 566-131-
05-00) FOR PURPOSES RELATED TO THE FUTURE LOWER
SWEETWATER COMMUNITY PARK, AMENDING THE
FISCAL YEAR 2025-26 BUDGET, AND APPROPRIATING
FUNDS THEREFOR
WHEREAS, the City of Chula Vista is planning a new community park on a site known as
Lower Sweetwater located on approximately 19.7 acres of City-owned land just west of Interstate
805 and south of State Route 54 and the Sweetwater River; and
WHEREAS, the Chula Vista General Plan, adopted in 2005, identified Lower Sweetwater
as a future park site and in 2016, the Parks & Recreation Master Plan also identified Lower
Sweetwater as a future community park; and
WHEREAS, acquisition of parcels along First Avenue is necessary to provide safe and
permanent access for construction, future park operations, and public use of the park; and
WHEREAS, the City has agreed to purchase, and the owner has agreed to sell the subject
parcel to the City for the price and under the terms set forth in a Real Property Purchase Agreement,
a copy of which is attached hereto and by reference made a part hereof.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista,
that it approves the Real Property Purchase Agreement for property located at 61 First Avenue
(APN 566-131-05-00), between the City and Ismael Rodriguez and Alberta Chavarria, in the form
presented, with such minor modifications as may be required or approved by the City Attorney, a
copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the
City Manager to execute same.
BE IT FURTHER RESOLVED, by the City Council of the City of Chula Vista, that it
hereby amends the fiscal year 2025-26 budget to appropriate $290,000 plus associated escrow and
closing costs to the Other Capital category of the Sunbow Park Benefit Fee Fund.
Presented by Approved as to form by
_______________________ _______________________
Tiffany Allen Marco A. Verdugo
City Manager City Attorney
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Escrow Company Stewart Title
Escrow No. ______________
Title Order No.
REAL PROPERTY PURCHASE AGREEMENT
(Escrow Instructions)
THIS REAL PROPERTY PURCHASE AGREEMENT (“Agreement”) is entered into this ____
day of _____________, 2025 by and between THE CITY OF CHULA VISTA, a charter city organized
under the laws of the State of California (“City”), and ISMAEL RODRIGUEZ AND ALBERTA
CHAVARRIA (“Seller”), (collectively “Parties”) for purchase by City of the hereinafter described real
property to be effective as of the date when signed by both Seller and City and approved by the Chula
Vista City Attorney.
WHEREAS, Seller owns that certain real property located at 61 First Avenue, in the City of
Chula Vista, County of San Diego, State of California (“Property”), and currently identified as San Diego
County Assessors Parcel No. 566-131-05-00
WHEREAS, Seller has offered to sell to City said Property for $290,000.00, and
WHEREAS, City desires to purchase fee title in and to Seller’s Property under the terms and
conditions of this Agreement.
NOW THEREFORE, for valuable consideration, the sufficiency of which is acknowledged, the
Parties enter into this Agreement under the following terms and conditions:
1. AGREEMENT TO SELL AND PURCHASE
City agrees to purchase from Seller and Seller agrees to sell to City, upon the terms and for the
consideration set forth in this Agreement, fee title in and to the Property more particularly described in
the legal description designated as Exhibit “A”, attached hereto and are incorporated herein by this
reference. City’s agreement to purchase the property is expressly contingent upon the adoption of a
resolution by the City Council of the City of Chula Vista authorizing the acquisition. The parties hereto
agree that the Property shall be conveyed in fee to the City clear of all encumbrances except agreements
with the City, County of San Diego or other authorities or agencies, easements, assessments and Districts
of record.
2. PURCHASE PRICE
The total purchase price payable on the terms set forth herein shall be the sum of TWO
HUNDRED NINTY THOUSAND DOLLARS ($290,000.00) (“Purchase Price”) to be paid in the
manner set forth below.
3. ESCROW AND TITLE INSURANCE
City agrees to open an escrow in accordance with this Agreement at Stewart Title Company
("Escrow Holder"), located at 7676 Hazard Center Drive, Suite 1400, San Diego, California and deposit
a fully executed copy of this Agreement no later than _____________. City agrees to pay all usual and
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reasonable fees, charges, and costs (including transfer taxes, if any) which arise in the escrow, upon
demand of Escrow Holder. Seller shall not be liable for any costs or fees in connection with this escrow.
This Agreement constitutes the joint escrow instructions of the Parties, and Escrow Holder to
whom these instructions are delivered is hereby empowered to act under this Agreement. The Parties
hereto agree to do all acts reasonably necessary to close escrow as soon as possible, but in all events no
later than sixty (60) days after a fully executed copy of this Agreement, is deposited into escrow. The
terms closing and/or close of escrow as used herein shall mean the date necessary instruments of
conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered
through this escrow is authorized if necessary or proper in the issuance of title insurance pursuant to this
Agreement.
City shall, upon receipt of a statement of estimated closing cost from Escrow Holder, deposit the
Purchase Price together with additional funds as set forth in said statement. Said deposit shall be made
in accordance with the wire transfer instructions of the Escrow Holder and shall be made in sufficient
time to allow for the timely close of escrow as set forth herein. City shall also execute and deposit into
escrow a Certificate of Acceptance accepting fee title to the Property in sufficient time to allow for the
timely close of escrow as set forth herein.
Seller shall execute and deliver into escrow an executed Grant Deed conveying fee title to the
Property to City in sufficient time to allow for the timely close of escrow as set forth herein. Seller and
City agree to deposit with Escrow Holder any additional instruments as may be reasonable and necessary
to complete this transaction in a timely manner as set forth herein.
All funds received in this escrow shall be deposited with other escrow funds in a general escrow
account(s) and may be transferred to any other such escrow trust account in any State or National Bank
doing business in the State of California. All disbursements shall be made by wire transfer from such
account, unless Seller requests another form of payment.
If City requests a policy of title insurance when Escrow Holder holds for Seller the Grant Deed
in favor of City, executed and acknowledged by Seller covering the Property, Escrow Holder shall cause
to be issued and delivered to City at City's cost, a preliminary title report for City review. City shall
have ten (10) business days to review and approve said preliminary report. After City approval, Escrow
Holder shall cause to be issued, as of the closing date and at City's cost, a CLTA standard coverage
policy of title insurance (“Title Policy”), issued by Commonwealth Land Title, with liability in the
amount of the Purchase Price, covering the Property and showing title vesting in City, free of all recorded
and unrecorded, liens, encumbrances, leases and taxes except agreements with the City, County of San
Diego or other public agencies and Districts of record and:
(a) The standard printed exceptions and exclusions contained in the CLTA or ALTA form
policy;
(b) Public and Quasi-public utility, public alley, public street easements and public rights of way
of record; and
Any and all ad valorem taxes and special taxes or assessments levied or assessed against the
Property for the year in which the closing occurs shall be prorated at the closing, and all delinquent taxes
shall be added to the pro-rated amount in order to calculate the amount(s) of any taxes owed by Seller
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as of the closing date. If the closing occurs before the tax rate or the assessed valuation is fixed for the
then-current year, the prorating of ad valorem taxes shall use the tax rate and the assessed valuation for
the preceding tax year. The prorating of ad valorem taxes shall be subject to later adjustment once the
actual tax statements for the closing year have been received; the obligation to re-prorate taxes shall
survive the closing.
Escrow Holder is authorized to and shall pay and charge City for any title insurance premium
and the costs of any endorsements. Escrow Holder is authorized to and shall disburse funds and deliver
the Grant Deed when City and Seller have fulfilled all conditions of the escrow and purchase agreement.
4. CONTINGENCY TO CLOSING
The Closing of this transaction is contingent upon the satisfaction or waiver of the following
contingencies. Escrow Holder shall promptly provide all Parties with copies of any written disapproval
or conditional approval which it receives.
(a) Disclosure. Seller shall make to Buyer, through Escrow, all of the applicable disclosures
required by law within 15 days following the date of Agreement. Buyer has 30 days from the receipt of
said disclosures to approve or disapprove the matters disclosed.
(b) Physical Inspection. Buyer has 45 days to satisfy itself with regard to the physical aspects
and size of the Property.
(c) Soil Inspection. Buyer has 45 days to satisfy itself with regard to the condition of the soils on
the Property. Buyer shall have the right to obtain a soil test report. Any such report shall be paid for by
Buyer. Seller shall provide Buyer copies of any soils report that Seller may have within 10 days of the
date of Agreement.
(d) Governmental Approvals. Buyer has 45 days from the date of Agreement to satisfy itself with
regard to approvals and permits from governmental agencies or departments which have or may have
jurisdiction over the Property and which Buyer deems necessary or desirable in connection with its
intended use of the Property, including, but not limited to, permits and approvals required with respect
to zoning, planning, building and safety, fire, police, handicapped and Americans with Disabilities Act
requirements, transportation and environmental matters.
(e) Survey. Buyer has 45 days from the receipt of the Title Commitment and Underlying
Documents to satisfy itself with regard to any ALTA title supplement based upon a survey prepared to
American Land Title Association ("ALTA") standards for an owner's policy by a licensed surveyor,
showing the legal description and boundary lines of the Property, any easements of record, and any
improvements, poles, structures and things located within 10 feet of either side of the Property boundary
lines. Any such survey shall be prepared at Buyer's direction and expense. If Buyer has obtained a
survey and approved the ALTA title supplement, Buyer may elect within the period allowed for Buyer's
approval of a survey to have an ALTA extended coverage owner's form of title policy, in which event
Buyer shall pay any additional premium attributable thereto.
At any time during the escrow period, Buyer, and its agents and representatives, shall have the right at
reasonable times to enter upon the Property for the purpose of making inspections and tests specified in
this Agreement. No destructive testing shall be conducted, however, without Seller's prior approval
which shall not be unreasonably withheld. Following any such entry or work, unless otherwise directed
in writing by Seller, Buyer shall return the Property to the condition it was in prior to such entry or work,
including the recompaction or removal of any disrupted soil or material as Seller may reasonably direct.
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All such inspections and tests and any other work conducted or materials furnished with respect to the
Property by or for Buyer shall be paid for by Buyer as and when due.
5. RESPONSIBILITY OF ESCROW HOLDER
Escrow Holder shall administer the closing in accordance with this Agreement and any escrow
instructions or other customary documents that Escrow Holder may require the Parties to sign in
connection with the closing.
6. CONVEYANCE OF INTEREST
At the closing, Seller shall convey to City fee title to the Property by Grant Deed, substantially
in the form attached to this Agreement as Exhibit B. Except for any title encumbrances accepted by City
in writing prior to the closing, Seller’s conveyance of the Property to City at the closing shall be free and
clear of all liens, encumbrances, and third-party possessory rights. SELLER shall deliver the Property to
BUYER at the Closing.
7. DEPOSIT OF FUNDS
City agrees to deposit the purchase price of the Property as contemplated by this Agreement.
8. SELLER’S REPRESENTATIONS AND WARRANTIES. SELLER represents and warrants
to City that all of the following are true and correct:
(a) Seller is not aware of any actions, suits, material claims, legal proceedings, or any other
proceedings at law or in equity, before any court or governmental agency, affecting the
Property or any portion thereof or affecting SELLER’s ability to enter into this Agreement and
perform its obligations under this Agreement.
(b) Seller is not aware of the presence or potential presence of contamination from Hazardous
Materials situated at, under or about the Property. For purposes of this Agreement, (i) the term
“Hazardous Materials” means any materials, substances or wastes defined as “hazardous,”
“toxic,” “pollutant,” or “contaminant,” or stated to be known to cause cancer or reproductive
toxicity, under any Environmental Law; and (ii) the term “Environmental Law” means any and
all federal, state or local laws (whether statutory or common law) relating to pollution or
protection of the environment, including, without limitation, the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et
seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq.; the Resource
Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; the Clean Water Act, 33
U.S.C. Section 1251 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. Section 1317
et seq.; the Carpenter-Presley-Tanner Hazardous Substance Account Act, California Health &
Safety Code Section 25300 et seq.; the California Hazardous Waste Control Law, California
Health & Safety Code Section 25100 et seq.; the Porter-Cologne Water Quality Control Act,
California Water Code Section 13000 et seq.; or any of the regulations adopted and
publications promulgated pursuant to such laws and regulations as they may be amended from
time to time.
(c) There are no operative leases or other agreements that give any third party the right to possess
or occupy any portion of the Property.
Commented [MV1]: Need to attached a grant deed.
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(d) Seller has not received notice from any governmental or regulatory agency as to the existence
of any actual or alleged violations of laws or regulations applicable to the Property or any
pending or threatened investigations or proceedings, including an eminent domain action,
affecting the Property.
(e) Neither Seller signature of this Agreement nor Seller’s performance of its obligations in this
Agreement will conflict with or breach any bond, note, evidence of indebtedness, contract,
lease, or other agreement or instrument to which Seller or the Property may be bound, or any
court or regulatory order or directive to which Seller or the Property may be bound.
Seller shall, upon learning of any fact or condition which would cause any of the representations and
warranties in this section to be untrue or incomplete as of the closing, immediately notify City of such
fact or condition.
9. SELLER’S COVENANTS. From the date of Seller’s signature of this Agreement through and
including the closing date, Seller covenants for City’s benefit as follows:
(a) Seller shall not do anything to impair title to any of the Property.
(b) Seller shall not lease or encumber any part of the Property, or otherwise grant or permit any
lien, easement, or other interest in any of the Property to be attached thereto, and if any such
interest should be attached, Seller shall cause any and all such items to be removed or
extinguished prior to the closing.
(c) Seller shall not allow any Hazardous Materials to be used, handled, generated, stored, released,
treated or disposed of at, under or about the Property.
10. SELLER’S INDEMNIFICATION. Seller shall indemnify, protect, defend and hold harmless
City and its officers, employees and agents, using legal counsel selected by City, from and against any
and all claims, demands, damages, losses, liabilities, obligations, penalties, fines, actions, causes of
action, judgments, suits, proceedings, costs and expenses (including, without limitation, attorneys’
fees, court costs, administrative procedural costs and experts’ fees), foreseen and unforeseen, relating
to or arising from any of the following: (i) Seller’s breach of any of its representations, warranties, or
covenants under this Agreement; (ii) the use, handling, generation, storage, release, treatment or
disposal of Hazardous Materials by Seller or any employee, agent, lessee, licensee or invitee of Seller
on, under or from the Property; and (iii) the cost of any required or necessary remediation, removal,
repair, cleanup or detoxification, the costs of any testing, sampling or other investigations, and the
preparation of required plans as a result of any of the causes described in item (ii) above. Seller’s
obligations under this section shall survive the Closing and recording of the Grant Deed transferring
title to City.
11. SELLER DEFAULT. IF THE SELLER DEFAULTS UNDER THE TERMS OF THE
AGREEMENT, AND IF SELLER FAILS TO CURE SUCH DEFAULT ON OR BEFORE THE
DATE WHICH IS THREE (3) BUSINESS DAYS AFTER NOTICE THEREOF FROM CITY (OR, IF
EARLIER, ON THE CLOSING DATE), CITY MAY, AT ITS SOLE OPTION, ELECT TO DO ONE
OF THE FOLLOWING: (I) TERMINATE THIS AGREEMENT BY DELIVERY OF NOTICE OF
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TERMINATION TO SELLER AND ESCROW HOLDER, IN WHICH EVENT THE DEPOSIT
SHALL BE RETURNED TO BUYER, AND THIS AGREEMENT, AND THE RIGHTS AND
OBLIGATIONS OF BUYER AND SELLER HEREUNDER SHALL TERMINATE OR
(II) ENFORCE SPECIFIC PERFORMANCE SELLER'S OBLIGATIONS, OR (III) SEEK AND
ENFORCE ANY REMDEY AVAILABLE AT LAW OR EQUITY.
Seller's Initials: __________ City's Initials:__________
12. CITY’S DEFAULT. If City is in default of this Agreement at any time, Seller may terminate
this Agreement by written notice to City and Escrow Holder, or seek and enforce any other remedy
available at law or in equity, provided that Seller shall not be entitled to recover from City any
consequential damages, lost opportunity damages, or punitive damages.
13. REAL ESTATE COMMISSIONS
Seller has informed City that they have employed a broker who may be entitled to a
commission as a result of this sale and purchase. The parties hereto agree that any commission or fee
due to the broker is solely Sellers responsibility and that said fee or commission may be paid out of the
proceeds of this sale at close of escrow upon demand and by mutual consent of the parties.
If any other broker, finder or other person makes a claim for commissions or finder's fee based
upon any contract, dealing or communication with a party, then such party shall indemnify, defend and
hold the other party harmless from and against all damages, claims, losses and expenses, including
attorneys' fees, arising out of the broker's, finder's or other person's claim.
14. SELLER’SWAIVER AND RELEASE OF UNKNOWN CLAIMS
15.1 AS THE EFFECTIVE DATE, SELLER HEREBY RELEASES, WAIVES AND
DISCHARGES BUYER AND BUYER’S OFFICERS, OFFICIALS, EMPLOYEES, AGENTS
AND ATTORNEYS FROM EACH AND EVERY CLAIM, INCLUDING THOSE RELATED
TO UNKNOWN AND UNSUSPECTED CLAIMS, DEMANDS, AND CAUSES OF
ACTIONS, IF ANY, AS WELL AS THOSE RELATED TO THE ACQUISITION. SELLER
FURTHER INTENDS BY MAKING THE WAIVERS AND RELEASES IN THIS SECITON
15 TO ACKNOWLEDGE AND AGREE THAT SELLER HAS RECEIVED
CONSIDERATION THROUGH THIS AGREEMENT IN COMPLETE SATISFACTION OF
ALL SELLER’S ACTUAL OR POTENTIAL ACQUISITION CLAIMS.
15.2 REGARDING THE WAIVERS AND RELEASES SET FORTH IN THIS SECTION
15, SELLER EXPRESSLY WAIVES ANY AND ALL RIGHTS CONFERRED UPON
SELLER BY THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 OR ANY
OTHER LAW OR LEGAL PRINCIPLE OF THE SAME OR SIMILAR EFFECT. SELLER
HEREBY ACKNOWLEDGES THE PROVISIONS OF CALIFORNIA CIVIL CODE
SECTION 1542 WHICH READ AS FOLLOWS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY
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HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR OR RELEASED PARTY.
_________________
SELLER’S INITIALS
Seller acknowledges that, following the Effective Date of this Agreement, Seller may discover facts or
law different from, or in addition to, the facts or law that they know or believe to be true with respect
to the this Agreement. Notwithstanding this, the Seller expressly assumes the risk of such unknown or
unanticipated claims and agree that this Agreement extends to all claims of any nature, whether known
or unknown, suspected or unsuspected, vested or contingent, past, present, or future, arising from or
related to the Agreement.
Seller expressly waives all rights under any applicable state or federal law or regulation, to the extent
permissible by law, that limits the effect of this Agreement on unknown claims. The Seller further
acknowledge that this release was bargained for and affirm that no representations or conduct, other
than those expressly set forth in this Agreement, were relied upon in entering into this release.
Seller acknowledges that they have not heretofore assigned or transferred to or purported to assign or
transfer to any person or entity the released claims or any part or portion thereof, and agree to
indemnify and hold harmless the Released Parties from and against any claim, demand, controversy,
damage, debt, liability, account, reckoning, obligation, cost, expense, lien, action or cause of action
(including the payment of attorneys’ fees and costs actually incurred whether or not litigation
commenced) based on, in connection with, or arising out of any assignment or transfer or claimed
assignment or transfer thereof. Seller acknowledges and agrees that City is acquiring the Property in
material reliance on Seller’s acknowledgements, agreements, representations, covenants, waivers, and
releases set forth in this Section 15.
15. MISCELLANEOUS
a. Legal Fees. In the event of the bringing of any action or suit by either party against the
other party by reason of any breach of any of the covenants, conditions, agreements or provisions on
the part of the other party arising out of this Agreement, the party in whose favor final judgment shall
be entered shall be entitled to have and recover of and from the other party all costs and expenses of
suit, including reasonable attorneys' fees (or, in the event of any action to enforce this Agreement, the
prevailing party shall be entitled to recover all of its costs and expenses of the action, including
reasonable attorney's fees), as determined by a court of competent jurisdiction.
b. Time is of the Essence. Time is of the essence of each and every term, condition,
obligation and provision of this Agreement.
c. Counterparts. This Agreement may be signed in counterparts, each of which when
signed shall be deemed an original, but all of which together shall constitute one and the same
instrument. Seller may electronically deliver a signed counterpart to this Agreement to City. Seller
electronically delivered signed counterpart shall be deemed an original for all purposes.
Notwithstanding the foregoing, Seller shall deliver a paper counterpart of this Agreement bearing
original signatures to Escrow Holder prior to the Closing.
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d. Interpretation. This Agreement shall be governed by the laws of the State of California.
The section headings are for convenience only and shall not interpret, define or limit the scope or
content of this Agreement. If any Party is made up of more than one person or entity, then all are
identified in the singular in this Agreement. If any right of approval or consent by a Party is provided
for in this Agreement, the Party shall exercise the right promptly and reasonably, unless this
Agreement expressly gives such Party the right to use its sole discretion. The term “business day” shall
mean Monday through Friday, excluding holidays recognized by the State of California and the City of
Chula Vista.
e. Amendments. The terms and provisions of this Agreement may only be modified or
amended pursuant to a written instrument signed by both Parties.
f. Successors and Assigns. This Agreement shall inure to and bind the successors and
assigns of the Parties.
g. No Personal Liability of Officials and Employees. No official or employee of City will
be personally liable to Seller in the event of City’s default under this Agreement or for any amount that
may become due to Seller, or on any obligations under the terms of this Agreement, except to the
extent resulting from the fraud or willful misconduct of such official or employee.
h. Mutual Negotiation. No inference in favor of or against any Party shall be drawn from
the fact that such Party has drafted any part of this Agreement. The Parties have both participated
substantially in the negotiation, drafting, and revision of this Agreement, and have been given ample
opportunity to consult with legal counsel and other consultants or advisers of their own choice.
i. Tax Consequences. Each Party shall bear all responsibility, liability, and costs relating
to any tax consequences experienced by such Party as a result of this Agreement and the sale
transaction contemplated by this Agreement.
j. No Affiliation. Nothing contained in this Agreement shall be deemed or construed to
create a partnership, joint venture, or other affiliation between Seller and City, or between City and any
other entity or party, or cause City to be responsible in any way for the debts or obligations of Seller or
any other party or entity.
k. Entire Agreement. This Agreement represents the entire agreement between the Parties
for the purchase and sale of the Property, and supersedes all prior negotiations, representations or
agreements, either oral or written.
l. Severability. If any portion of this Agreement shall be declared by any court of
competent jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed severed
from this Agreement, and the remaining parts of this Agreement shall remain in full force and effect,
as fully as though such invalid, illegal or unenforceable portion had never been part of this Agreement.
m. Governing Law. This Agreement is executed and delivered in the State of California
and shall be construed and enforced in accordance with, and governed by, the laws of the State of
California. All legal actions arising from this Agreement shall be filed in the Superior Court of the
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State of California in the County of San Diego or in the United States District Court with jurisdiction
in the County of San Diego.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
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IN WITNESS WHEREOF, the duly authorized representative of each party has executed
this Agreement.
BUYER: City of Chula Vista SELLER:
By:
Tiffany Allen, City Manager Ismael Rodriguez
Alberta Chavarria
Approved as to Form:
MARCO A. VERDUGO
City Attorney
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v . 0 0 5 P a g e | 1
December 16, 2025
ITEM TITLE
Grant Acceptance and Appropriation: Accept Grant Funds from the American Society for the Prevention of
Cruelty to Animals (ASPCA) for Wildfire Response and Preparedness and Appropriate Funds
Report Number: 25-0284
Location: No specific geographic location
Department: Animal Services
G.C. § 84308 Regulations Apply: No
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.
Recommended Action
Adopt a resolution accepting grant funds in the amount of $14,473 from the ASPCA for wildfire response and
disaster preparedness activities and appropriating the funds for that purpose. (4/5 Vote Required)
SUMMARY
City of Chula Vista Animal Services has received a grant award in the amount of $14,473 from the American
Society for the Prevention of Cruelty to Animals (ASPCA) California Wildfire and Disaster Preparedness Fund
to support wildfire response and disaster preparedness activities. The funding will allow Animal Services to
acquire protective equipment and other field response resources that enhance officer safety and operational
capacity during wildfire and disaster incidents. The grant strengthens the department’s ability to assist
residents and animals during evacuations, provide field support in hazardous conditions, and improve
readiness for future emergency deployments. Acceptance of the funds and approval of the related
appropriation will enable City Animal Services to better respond to and support wildfire and disaster
incidents in accordance with the grant requirements.
ENVIRONMENTAL REVIEW
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
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P a g e | 2
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.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable
DISCUSSION
Wildfire conditions in California have intensified in recent years as recently seen by the in the increased
designated fire hazard severity zones throughout Chula Vista. These conditions have expanded the likelihood
that City personnel will be called upon to operate in or near areas affected by wildfire or other disaster-
related hazards. Animal Services plays a defined role within the City’s emergency response structure and
may be deployed to support evacuations, retrieve animals from affected locations when condit ions permit,
assist residents during displacement, and provide initial field care for animals impacted by an incident.
The American Society for the Prevention of Cruelty to Animals (ASPCA) California Wildfire and Disaster
Preparedness Fund supports preparedness and capacity-building for animal welfare agencies, including
acquisition of field rescue gear and supplies, temporary sheltering equipment, animal transport resources,
and other materials necessary to conduct safe and effective disaster response. The funding will allow Animal
Services to obtain protective equipment suited for wildfire environments and field operations, as well as
supporting supplies needed during animal retrieval, stabilization, and temporary housing. These
improvements will increase officer safety, expand operational capability during disaster events, and
strengthen readiness for mutual aid requests that involve movement of animals out of threatened areas.
The equipment and supplies acquired under the grant will enable Animal Services to provide more reliable
field support during evacuations, assist in the movement and care of animals in coordination with fire and
law enforcement personnel, and maintain the ability to operate in the immediate aftermath of an incident.
These enhancements will also improve the department’s capacity to establish temporary holding areas for
animals when shelters are inaccessible or when rapid intake is required.
Approval of the resolution will authorize acceptance of $14,473 in grant funds, appropriate the awarded
amount, and permit the City Manager to execute all documents and take actions necessary to ensure
compliance with the ASPCA grant requirements.
DECISION-MAKER CONFLICT
Staff have reviewed the decision contemplated by this action and determined that it is not site -specific and
consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff are not independently aware and have 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.
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P a g e | 3
CURRENT-YEAR FISCAL IMPACT
Approval of this resolution will accept a grant award from the ASPCA in the amount of $14,473 and amend
the fiscal year 2025-26 budget by increasing appropriations in the amount of $14,473 to the Other Expenses
category of the Animal Services Section of the Other Grants Fund, resulting in no net fiscal impact.
ONGOING FISCAL IMPACT
There are minimal fiscal impacts anticipated from adopting this resolution. Any future replacement costs
will be incorporated into the annual budget process or addressed through additional grant funding as
available. The gear has an anticipated service life of approximately 10 years.
ATTACHMENTS
1. Grant Letter Agreement
2. ASPCA Wildfire Disaster Proposed Budget
Staff Contact: Ashley Milo, Director of Animal Services
Page 327 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING GRANT FUNDS FROM THE
AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY
TO ANIMALS (ASPCA) FOR WILDFIRE RESPONSE AND
DISASTER PREPAREDNESS, AMENDING THE FISCAL
YEAR 2025-26 BUDGET, AND APPROPRIATING FUNDS
THEREFOR
WHEREAS, Chula Vista Animal Services applied for and was awarded a grant through
the ASPCA in the amount of $14,473; and
WHEREAS, the grant funds are intended to support wildfire response and disaster
preparedness activities, including the acquisition of protective equipment and other field response
resources for Animal Control Officers.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it accepts $14,473 from the ASPCA and amends the Fiscal Year 2025-26 budget by
appropriating $14,473 to the Other Expenses category of the Animal Services section of the Other
Grants Fund.
BE IT FURTHER RESOLVED, that the City Manager is authorized to enter into and
execute an agreement with the ASPCA, any amendments, extensions, or renewals of the
agreement, and any and all documents necessary and appropriate to implement this resolution in
the form as may be required or approved by the City Attorney.
BE IT FURTHER RESOLVED, that the City Manager is authorized to take all necessary
action to administer, monitor, manage, and ensure compliance with the grant, including
certifications made in the application, and further to enter into and execute contracts with third
parties to implement the use of the funds, as appropriate.
Presented by Approved as to form by
Ashley Milo Marco A. Verdugo
Director of Animal Services City Attorney
Page 328 of 439
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520 8th Avenue · 7th Floor · New York, NY 10018 · grants @aspca.org P a g e | 1
Grant Agreement Reference:
NAME: Chula Vista Animal Care Facility
PROJECT: 2025 ASPCA California Wildfire & Disaster Preparedness Fund
AMOUNT: $ 14,473
GRANT NUMBER: 202509-33940
GRANT EFFECTIVE DATE: 10/24/2025
GRANT EXPIRATION DATE: 10/31/2026
ASPCA GRANT OFFICER: Susan Anderson
ASPCA GRANT MANAGER: Ellen Vancelette
October 29, 2025
Ashley Milo
130 Beyer Way
Chula Vista, CA 91911
Dear Ashley Milo,
The American Society for the Prevention of Cruelty to Animals (the “ASPCA”) is deeply honored to
be able to grant to Chula Vista Animal Care Facility (the “Grantee,” and together with the ASPCA,
the “Parties” and each a “Party”) the amount of $ 14,473 (the “Grant”). These funds are designated for
2025 ASPCA California Wildfire & Disaster Preparedness Fund, as described in the Grant request, the
Grant Request Documents, and, if applicable, its amendments (the “Project”) and subject to the terms
of this agreement (the “Agreement”).
The ASPCA shall issue the Grant to the Grantee approximately two to six weeks following receipt of
the signed original contract, including all pages. By accepting the payment, you represent and warrant
that Grantee will meet the obligations specified in this Agreement.
Intending to be legally bound and in consideration of the Grant provided to the Grantee and the desire
of the Grantee to conduct the Project, the parties hereby agree to the following terms and conditions
as of the Grant Effective Date listed above (the “Effective Date”):
1. Grant Requirements. The Grantee acknowledges and agrees that the Grant shall be used
exclusively for costs incurred directly in connection with the Project and as set forth in this Agreement,
and that failure to do so will result in the Grantee having to return the Grant to the ASPCA within ten
10) days of the ASPCA’s request to do so.
Docusign Envelope ID: 76033C3F-F53C-4D4D-83C4-31C5C8BDF128
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The Grantee acknowledges and agrees that any proposed changes to the Project, including, but not
limited to, the Project goals and objectives, the use or purpose of funds, the distribution of funds across
approved budget items, or any other substantive changes to the Project shall be fully approved by the
Grant Officer and memorialized with an amendment to the Agreement prior to initiating any such
changes.
Unless Grantee is expressly exempt from this requirement (e.g. as an agency or instrumentality of
government), it shall meet the ASPCA Grantee Organizational Standards (the “Standards”), attached
hereto as Schedule 1. If Grantee does not meet the standards by the Effective Date, the ASPCA may,
in its sole discretion, grant additional time for the Grantee to come into compliance with the Standards.
If additional time is granted, Grantee shall have 12-months or until the Expiration Date, whichever is
sooner, to comply with the requirements and provide proof of compliance as a part of its required
reporting.
The Grantee agrees that at no time will any funds it receives from the ASPCA be used to attempt to
influence the outcome of any selection, nomination, election, or appointment of any individual to any
public office or office of a political organization within the meaning of Internal Revenue Code Section
527(e)(2), and shall furthermore not use any of the funds it receives from the ASPCA to participate in,
or intervene in (including the publishing or distributing of statements) any political campaign on beha lf
of (or in opposition to) any candidate for public office.
For projects that include grant funds used to purchase food for a gathering of individuals, the Grantee
will limit the use of ASPCA funds to purchase vegetarian, vegan, fish or welfare-certified meat
products only. “Welfare-certified meat products” shall mean products that are from farms, obtained
either directly or through another supplier (restaurant, retailer, etc.), that are certified by at least one of
the following certification programs: (a) Animal Welfare Approved; (b) Certified Humane; and/or (c)
Global Animal Partnership, Steps 2 and above. For more information about welfare-certified products
or where to locate welfare-certified products, please visit http://www.aspca.org/take-action/help-farm -
animals/finding-higher-welfare-products.
Employees, volunteers or other associates of the Grantee whose food expenses are reimbursed or
otherwise paid from ASPCA grant funds, including, but not limited to beneficiaries of travel stipends
and scholarships, are strongly encouraged to choose higher-welfare meat products, fish, vegan or
vegetarian food.
Grant Reporting:
The Grantee must submit reports (the “Grant Reports”) to provide the ASPCA with information about
the Project and to ensure the Grant is being used as described in this Agreement. Grant Reports shall
be due per the following schedule:
Report Type Due Date
Final Report 11/14/2026
The Grantee acknowledges it may be subject to additional reporting requirements as assigned by its
ASPCA Grant Officer and set forth in the Grant record in Fluxx (the “Additional Reporting”).
Additional Reporting shall be submitted as a part of the regular Grant Reports.
Docusign Envelope ID: 76033C3F-F53C-4D4D-83C4-31C5C8BDF128
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520 8th Avenue · 7th Floor · New York, NY 10018 · grants @aspca.org P a g e | 3
Grantees that fail to submit required documentation by the Final Report Due Date may jeopardize
future grants and/or grant payments.
Grant Extensions:
Extension requests will not be considered for the Final Report Due Date. However, should the
Grantee need a Grant extension due to unforeseen delays in the Project timeline, Grantee may
request an extension by emailing grants@aspca.org before the Grant Expiration Date. The
ASPCA shall review the Grantee’s request and may grant an extension to the Grant term. If the
ASPCA declines the request for an extension, or if the Project is completed but carries a balance
of unspent funds, the Grantee shall promptly refund and pay back to the ASPCA the
unexpended balance.
Ad Hoc Requirements:
The ASPCA may request additional information regarding the Project. Upon such a request, the
Grantee must provide the requested information in a timely manner. Such additional information may
include but is not limited to receipts, photographs, and press information.
The ASPCA may choose to conduct site visits of the Grantee’s location(s). The Grantee must provide
the ASPCA with access to such locations at a date and time mutually agreed upon by the Parties.
2. Compliance with the Law and Maintenance of Tax-Exempt Status. In carrying out the Project,
the Grantee shall comply with all applicable federal, state and local laws and regulations including but
not limited to all applicable federal, state, and local employment laws, regulations, and rules.
If the Grantee is a 501(c)(3) organization, the Grantee certifies that it is in good standing with the
Internal Revenue Service and shall notify the ASPCA immediately of any change in, or challenge by
the Internal Revenue Service to, its status as a 501(c)(3) tax-exempt organization.
3. License. Each Party hereby grants to the other party a license to use the Party’s name and trademarks
on materials directly related to the activities of the Project and/or the Grant.
All use of the ASPCA name and trademarks must comply with the ASPCA’s style guide. “ASPCA
Trademarks” are: “ASPCA®”, which must always appear in PMS 422 and 021, unless used in
materials that are completely black and white in nature, in which case it may appear in black; and
The American Society for the Prevention of Cruelty to Animals®”.
4.Acknowledgement of ASPCA Support. In consideration of the Grant, the Grantee may publicly
acknowledge that the Project was made possible through a generous grant from the ASPCA. If the
Grantee chooses to make an acknowledgment, Grantee shall submit any Project acknowledgements
that include the ASPCA’s name or trademarks to press@aspca.org for review and approval prior to its
inclusion in any materials prepared and intended to be distributed regarding the activities of the Project.
No changes on the approved version of any Project acknowledgements shall be instituted by the
Grantee without the prior written approval of the ASPCA. The ASPCA has the right in its sole
discretion to require the Grantee to remove all references to the ASPCA’s involvement if the ASPCA
Docusign Envelope ID: 76033C3F-F53C-4D4D-83C4-31C5C8BDF128
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520 8th Avenue · 7th Floor · New York, NY 10018 · grants @aspca.org P a g e | 4
determines that the Grantee is not fulfilling its obligations under this Agreement or if for any other
reason the ASPCA determines that it is no longer in the ASPCA’s best interest to be referenced in such
manner.
For further assistance regarding recognition of the Grant, including press releases, advisories, or
general media outreach, please contact the ASPCA’s Media Department at press@aspca.org or visit
https://www.aspcapro.org/media-and-promotional-materials-aspcar-grant-recipients for press release
templates, logos, and other media materials.
5. Records. The Grantee will keep accurate books and records with respect to the grant in
accordance with Generally Accepted Accounting Principles (GAAP) and business practices. The
Grantee will keep records of receipts and expenditures made of Grant funds as well as copies of the
reports submitted to the ASPCA and supporting documentation for at least three (3) years after
completion of the use of the Grant funds, and will furnish or make available such books, records, and
supporting documentation to the ASPCA for inspection at reasonable times from the time of the
Grantee’s acceptance of the Grant through such period.
6. Termination. The ASPCA may, in its sole discretion (i) withhold payment of funds until in its
opinion the situation has been corrected or (ii) declare the Grant terminated in any of the following
circumstances:
a. If, as the result of the consideration of reports and information submitted to it by the Grantee
or from other sources, the ASPCA, in its sole discretion, determines that continuation of the
Project is not reasonably in furtherance of the ASPCA’s mission to provide effective means for
the prevention of cruelty to animals throughout the United States (the “ASPCA Mission”) or
that the Project is not being executed in substantial compliance with the grant request (or work
plan as revised) or that the Grantee is incapable of satisfactorily completing the work of the
Project;
b. In the case of any violation by the Grantee of the terms and conditions of this Agreement;
c. In the event of any change in, or challenge by the Internal Revenue Service to, the Grantee’s
status as a 501(c)(3) tax-exempt organization if applicable; or
d. If it is revealed that, during the Project, the Grantee is or was involved in any activity or makes
any statement disparaging of, or reflecting unfavorably upon the ASPCA, tarnishes the
reputation of the ASPCA or is not in alignment with the ASPCA Mission.
If the ASPCA terminates the Grant, it shall so notify the Grantee, whereupon it, if so requested by the
ASPCA, shall promptly refund and pay back to the ASPCA any unexpended balance of the Grant
funds in the Grantee’s hands or under its control or any expended Grant funds deemed to have been
misappropriated per the terms of this Agreement.
Upon completion of the Project or termination of this Agreement for any reason, the ASPCA will
withhold any further payments of Grant funds. All such determinations by the ASPCA under this
Section 6 will be final, binding and conclusive upon the Grantee.
7. Future Funding. The Grantee acknowledges that the ASPCA and its representatives have made no
actual or implied promise of funding except for the amounts specified in this Agreement. If any of the
Grant funds are returned or if the Grant is rescinded, the Grantee acknowl edges that the ASPCA will
Docusign Envelope ID: 76033C3F-F53C-4D4D-83C4-31C5C8BDF128
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520 8th Avenue · 7th Floor · New York, NY 10018 · grants @aspca.org P a g e | 5
have no further obligation to the Grantee in connection with this Grant as a result of such return or
rescission.
8. Miscellaneous. This Agreement is intended to be binding upon the Grantee and the ASPCA. This
Agreement represents the final agreement between the parties with respect to the subject matter hereto,
and supersedes any and all prior agreements, written or oral, between the parties with respect to the
matters contained herein. This Agreement is not intended to, nor shall it be deemed to create, any
partnership or joint venture between the Grantee and the ASPCA. This Agreement shall be interpreted,
governed by and construed in accordance with the internal laws of the State of New York, without
regard to the conflict of laws principles thereof. The parties hereto acknowledge and consent to
personal jurisdiction and venue exclusively in New York, New York with respect to any action or
proceeding brought in connection with this Agreement.
By accepting the Grant funds, you represent and warrant that you are capable of binding the Grantee
to the terms set forth in this Agreement.
Sincerely,
THE AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS
Lauren Martin
Vice President, Deputy General Counsel
Schedule 1
Docusign Envelope ID: 76033C3F-F53C-4D4D-83C4-31C5C8BDF128
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City of Chula Vista - City Council
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520 8th Avenue · 7th Floor · New York, NY 10018 · grants @aspca.org P a g e | 6
ASPCA Grantee Organizational Standards
Must have at least 4 board members
Majority of the board must be independent1
Chairperson and Treasurer shall not be compensated
Business registration must be current/active in the Grantee’s state of incorporation
Charitable registration must be current/active in the state of the Grantee’s primary location
for grants =>$25,000)
No overdue reports for any ASPCA grants, if applicable
No overdue balances on prior grants, if applicable
1 This means that fewer than half of Grantee’s Board members may be paid employees and/or family members or close
relatives.
Docusign Envelope ID: 76033C3F-F53C-4D4D-83C4-31C5C8BDF128
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City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
ASPCA Disaster Capacity Building Grant 2025
Item Cost Per
Quantity
Requested
CrewBoss Interface Brush Pants - Tecasafe Plu 347.00$ 4
CrewBoss Interface Brush Coat - Tecasafe Plus 334.00$ 4
Majestic Wildland Firefighting Gloves – Gauntlet 63.77$ 4
Vallfirest vft3 Wildland Fire Helmet 121.32$ 4
CrewBoss Oversized Shroud CAL FIRE Face Protector 98.00$ 4
ESS Striketeam XTO Firefighter Rubber Goggles 55.00$ 4
Fire Shelter with Case, New Generation Fire 677.00$ 4
Haix Airpower XR1 PRO Tri-Certified Wildland, EMS, Station Boot 369.99$ 4
Stremlight Polytac Helmet Lighting Kit 74.99$ 4
Streamlight E-Spot LiteBox 179.99$ 4
3XL Turnout Bag 79.99$ 4
Compact First Responder Bag w/ Standard Fill Kit 119.99$ 4
FRE Firefighter Webbing 37.99$ 4
Animal Stretcher 60.00$ 2
Emergency Animal Carrier with Sasfety Strap 20.43$ 2
The Gree Pet Shop Cool Pet Pad 47.99$ 4
KennelMaster 6ftx4ft Welded Wire Dog Kennel 179.99$ 10
Page 335 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Total Cost
1,388.00$
1,336.00$
255.08$
485.28$
392.00$
220.00$
2,708.00$
1,479.96$
299.96$
719.96$
319.96$
479.96$
151.96$
120.00$
40.86$
191.96$
1,799.90$
12,388.84$ Not including tax/shipping
1,084.02$ estimated tax (8.75% Chula Vista)
$1,000 Estimated shipping from various vendors
14,472.86$ Total Request
Page 336 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Michael Inzunza
There was the racial incident
at Master DEI Catholic School
You were suspended then
place on Leave and after 18
months your contract was Not
Renewed
Not Sure what you call it
BUT
I could call it that you getting
Fired. for racism
Written Communications - PC Acosta - Received 12/11/2025
Page 337 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Filipino American Veterans
Park
To Honor those Filipino
American Veterans
Always and forever remember
This the park that
Michael Inzunza
unsuccessfully tried to block
SHAME ON YOU INZUNZA!
Inzunza are you also Racist against
The Filipino Community?
Written Communications - PC Acosta - Received 12/11/2025
Page 338 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Written Communications - PC Acosta - Received 12/11/2025
Page 339 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Michael Inzunza
you lied to me.
I will never believe what you say.
nor will I ever trust you! REMEMBER
Trust is like virginity.
once you lose it
you will never get it back.
Revised Written Communications - PC Acostsa - Received 12/12/2025
Page 340 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
•Michael Inzunza
•Michael Inzunza you might wat to inform Richard
Barrera that you should not be trusted with money.
•I will never trust you
•Chula Vista City manager should not trust you and
should check double check triple check all invoices and
phone Bills to justify all Phone calls.
Revised Written Communications - PC Acostsa - Received 12/12/2025
Page 341 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Michael Inzunza
Does Richard Barrera know about you getting suspended, then placed on leave, and
that your contract was NEVER RENEW
I would call it Getting FIRED
As per the legal document it stares it was due to a RACIAL Incident that you had against a Little African
American Kid
I hand a copy of the 15-page document to Chula Vista Cit Attorney and Chula Vista City Clerk
If he wants to see it,
Question Michael Inzunza are you trying to bring Richard Barrera into your web
You might want to inform Richard Barrera
that I believe the reason you follow him is because you want to own Him and control him.
or do you own him already?
Always and forever remember. Remember Striper Gate and Slum Lord
I always said those who Play with the Pigs, you will get dirty.
Revised Written Communications - PC Acostsa - Received 12/12/2025
Page 342 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Revised Written Communications - PC Acostsa - Received 12/12/2025
Page 343 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Chula Vista Municipal Code
https://chulavista.municipal.codes › CVMC
8.12.040 Food handler training | Chula Vista Municipal Code
8.12.040Food handler training.
No person shall act as or be engaged as
a food handler unless such person: (1)
possesses a valid food handler training
certificate as described in subsection
(A)of this section,
A.Food Handler Training Certificate.Food
handler training certificates or renewals
thereof shall be issued by the health officer, or
any other qualified person or agency as may
be designated by the health office
Revised Written Communications - PC Acostsa - Received 12/12/2025
Page 344 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
•S.D. marijuana merchants pour cash
into political action committee
•With marijuana sales finally legalized
in California, local pot merchants have
been pouring cash into a political action
committee known as Citizens for Public
Safety and Safe Access, sponsored by
the Association of Cannabis
Professionals. …
•Individual donors Ramzi Murad of El Cajon
READER
News Under the Radar
February 14, 2018
Revised Written Communications - PC Acostsa - Received 12/12/2025
Page 345 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Michael Inzunza
I was, informed by your puppet that you wanted screen shots of Document that I had received here are some
as there are 19 total pages
Document shows that you Michael Inzunza were suspended then placed on leave However You were NEVER RE-HIRE
Here screen shots and according to the document received shows you did get suspended. and according to t to the
documented it was due to a racial incident with an Africa America Kid that according to documents I received you called him
PUNK.
Revised Written Communications - PC Acostsa - Received 12/12/2025
Page 346 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Revised Written Communications - PC Acostsa - Received 12/12/2025
Page 347 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Why is Michael Inzunza Accepting Campaign
contributions From Allen Cassell
Chula Vista businessman Alan Cassell was sentenced
to two years of probation after pleading guilty to one count of conspiracy concerning programs receiving federal funds in a judgement from the United States District Court District of Nevada filed on June 22. Cassell appeared in court on June 16.
Cassell was originally indicted in 2017 and pleaded not guilty. That same year he resigned his post as board member at Third Avenue Village Association citing personal reasons.
Cassell and six other defendants were accused of directing payments to Sergio Barajas, a one-time director of the National Community Stabilization Trust, a non-profit that used federal funds to restore foreclosed properties that were lost in the 2008 housing crisis.
As alleged in the indictment Cassell, doing business as Heartland Coalition and Ignition Ventures, paid Barajas about $185,025 in exchange for receiving about 626 NCST foreclosures and made about $2.8 million from resale of those properties.
According to court records, Cassell pleaded guilty in March as part of a group plea agreement.
Home Chula Vista Cassell sent home
By Albert Fulcher
07/08/2021
Revised Written Communications - PC Acostsa - Received 12/12/2025
Page 348 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Written Communications – PC
Quinones – Received 12/12/2025
From: Alejandro Quinones
Sent: Thursday, December 11, 2025 8:59 PM
To: CityClerk <CityClerk@chulavistaca.gov>
Subject: Submission for Council Meeting Agenda
WARNING - This email originated from outside the City of Chula Vista. Do not click any
links and do not open attachments unless you can confirm the sender.
PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to
reportphishing@chulavistaca.gov
Hello Councilmembers,
I am writing to ask for your support in installing an all way stop at the intersection of Zulu
Road and Trinity Ave. Several neighbors have already submitted requests through Act Chula
Vista, and the concern has only grown.
The current layout creates dangerous situations for pedestrians since cars approach
quickly and visibility is limited by parked vehicles and the steep hill. I am worried that it is
only a matter of time before someone is seriously hurt.
Given the number of community requests and the ongoing safety issues, I am asking that
the review and approval process be expedited. It would make a real difference for families
who walk through this area every day.
Thank you for taking the time to look into this.
Sincerely,
Alejandro Quinones
You don't often get email from . Learn why this is important
Page 349 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Michael Inzunza
shame on you!
it seems to me that you are so eager for photo op. that you have pose with a student displaying
unthematic hand gestures.
are you also against The Jewish community?
Remember according to the legal documents I received
and hand a copy to Chula Vista City Attorney and Chula Vista City clerk. for those interested to read the 19 pages
Document I did read it. it states that you no longer work at
Catholic school, Mater Dei High School
due to a Racial incident against a Little African America Kid
You also Tried to block.
The Filipino America Veterans Park
Written Communications - PC
Acosta - Received 12/15/2025
Page 350 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
NATIONAL SECURITY
SEPTEMBER 26, 20194:27 PM ET
Michel Inzunza, You suspended an African American Kid
and called him a PUNK because of his hair.
Then you pose for picture with Students
displaying a White Supremacy sign
is that what you permit and teach the young minds?
Let me remind you, “you are Mexican American”
Written Communications - PC
Acosta - Received 12/15/2025
Page 351 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
CATHOLIC SCHOOL THAT SUSPENDED STUDENT OVER BRAIDS REVERSES DECISION
•January 15, 2020•Catholic school, Mater Dei High School, suspended a mixed-race student for violating the “dress code” on Wednesday but removed the penalty after online backlash.
•Michael Inzunza, assistant principal for student safety and discipline, reminded the sophomore of the rule that boys’ hair cannot be longer than mid-ear on the sides, touch their shirt collars, nor fall past their eyebrows in the front and ordered him to cut it. When the student refused, he was suspended.
Written Communications - PC
Acosta - Received 12/15/2025
Page 352 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Written Communications - PC
Acosta - Received 12/15/2025
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City of Chula Vista - City Council
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Written Communications – PC
Received 12/16/25
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City of Chula Vista - City Council
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December 16, 2025
ITEM TITLE
Agreement: Approve a Ten-Year Facilities Operations Agreement with Elite Athlete Services, LLC to
Operate the Chula Vista Elite Athlete Training Center
Report Number: 25-0277
Location: 2800 Olympic Pkwy, Chula Vista, CA 91915
Department: City Manager
G.C. § 84308 Regulations Apply: Yes
Environmental Notice: The proposed 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.
Recommended Action
Adopt a resolution approving a facilities operations agreement with Elite Athlete Services, LLC for the
operations of the Chula Vista Elite Athlete Training Center.
SUMMARY
The City of Chula Vista and Elite Athlete Services, LLC (EAS) entered into a Facility Operations Agreement in
2016 to manage and operate the Chula Vista Elite Athlete Training Center (CVEATC). Since that time, EAS has
operated the facility and maintained the site as a training destination for elite, Olympic and Para lympic
athletes, national governing bodies, and international athletes.
The proposed Facilities Operations Agreement (Agreement) crates a new agreement for ten years, agrees to
the master planning of the facility, clarifies operational responsibilities, and supports the long-term vision
for the CVEATC as a world-class training facility.
ENVIRONMENTAL REVIEW
The proposed activity was reviewed for compliance with the California Environmental Quality Act (CEQA),
and it was determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA
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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.
This determination is predicated on CEQA Guidelines Section 15004 which provides direction to lead
agencies on the appropriate timing for environmental review. Master planning, repairs and maintenance,
and capital improvement projects contemplated in the Agreement will require preparation of environmental
documents in accordance with the State CEQA Guidelines and the City’s Municipal Code.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The Chula Vista Elite Athlete Training Center (formerly the U.S. Olympic Training Center) opened in 1995 as
a national training facility for Olympic and Paralympic athletes. In 2016, the U.S. Olympic Committee
transferred ownership of the facility to the City of Chula Vista. The City subsequently entered into an
agreement with Elite Athlete Services, LLC to operate and manage the facility.
Over the past eight years, EAS has managed operations of the CVEATC, attracted new sports tenants,
supported athlete development programs, and increased public engagement through community minded
special events, tours, and partnerships with local schools.
The proposed Agreement reflects a new agreement between the City and Elite Athlete Services (EAS) and
establishes a framework that supports stability, master planning, and effective management of the Chula
Vista Elite Athlete Training Center. Under the Agreement, EAS will manage day-to-day operations, including
facility maintenance, marketing, and event programming, for a ten-year term with the option for extension.
Annually EAS will submit an Annual Business Plan for City review and approval, which will include an Annual
Operating Budget, an Annual Capital Budget, and a five-year projected Capital Improvement Plan.
The Agreement further outlines key financial provisions and responsibilities. EAS will prepare a five -year
capital improvement plan, funded through its annual operating budget, and will receive an annual operator
fee of $500,000 paid through facility revenues. Additionally, EAS will receive a portion of the annual Net
Operating Revenues, with the remaining revenues allocated to Capital Improvement Projects. In addition,
EAS will reimburse the City for insurance and property tax expenses directly tied to the CVEATC property,
ensuring clear and equitable allocation of fiscal responsibilities.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Councilmembers and has found no property holdings
within 1,000 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)(7) or (8), for purposes of the Poli tical Reform Act (Cal. Gov’t Code
§87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council members, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
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CURRENT-YEAR FISCAL IMPACT
Approval of this resolution will authorize the use of cell tower lease revenues generated from towers located
on the Chula Vista Elite Athlete Training Center (CVEATC) property to offset CVEATC-related expenditures,
including property insurance and property taxes. To the extent these revenues are insufficient to fully cover
eligible costs, Elite Athlete Services, LLC (EAS) will reimburse the City for the remaining balance in
accordance with the Agreement.
Under the prior arrangement, the City was responsible for these expenditures and shared a portion of the
cell tower lease revenue with EAS. This change results in a positive fiscal impact, as all property tax and
insurance-related costs will now be fully offset. The average net fiscal benefit to the City associated with this
change is approximately $157,000 annually based on the average impact of fiscal years 2022-23 through
2024-25.
ONGOING FISCAL IMPACT
Any future fluctuations in revenue or reimbursable costs will be addressed through the established
reimbursement process.
ATTACHMENTS
1. First Amended and Restated Facility Operations Agreement between the City of Chula Vista and
Elite Athlete Services, LLC
Staff Contact: Courtney Chase, Deputy City Manager
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Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A FACILITY OPERATIONS
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
ELITE ATHLETE SERVICES, LLC FOR OPERATION OF THE
CHULA VISTA ELITE ATHLETE TRAINING CENTER
WHEREAS, the Chula Vista Elite Athlete Training Center (CVEATC), formerly known
as the U.S. Olympic Training Center, opened in 1995 as a national training facility for Olympic
and Paralympic athletes; and
WHEREAS, in 2016, the United States Olympic Committee transferred ownership of the
CVEATC to the City of Chula Vista, and the City subsequently entered into a Facilities Operations
Agreement with Elite Athlete Services, LLC (EAS) to manage and operate the facility;
WHEREAS, since entering into the 2016 Operations Agreement, EAS has managed daily
operations, attracted new sports tenants, supported athlete development programs, maintained the
facility, and increased public and community uses of the site;
WHEREAS, City staff and EAS have negotiated a new Facility Operations Agreement
(“Agreement”) that reflects operational responsibilities, establishes collaborative master planning,
clarifies reporting requirements, identifies capital improvement planning and investment
commitments, and affirms operational objectives; and
WHEREAS, the Agreement provides a ten-year term with one option for extension,
preserves appropriate community access, and establishes the operator fee structure, reimbursement
responsibilities, capital planning, reporting, and facility maintenance; and
WHEREAS, the Agreement requires EAS to submit Annual Business Plans and annual
financial and operational reports, including programming summaries and capital improvement
performance updates, and maintains City oversight; and
WHEREAS, the Agreement supports the preparation and adoption of a long-term master
plan for the CVEATC and contemplates the consideration of capital projects requiring
environmental compliance on a project-by-project basis; and
WHEREAS, EAS will receive an annual operator fee of $500,000 as part of operating
expenses derived from facility revenues, as well as the ability to reinvest revenue at year-end in
accordance with the approved capital improvement plan; and
WHEREAS, EAS will reimburse the City for insurance expenses and property tax
obligations directly related to CVEATC, consistent with negotiated reimbursement terms; and
WHEREAS, the proposed activity is not a “Project” under the California Environmental
Quality Act because approving an operating agreement will not, in itself, result in a physical
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Resolution No.
Page 2
change in the environment; and thus environmental review is not required pursuant to CEQA
Guidelines Section 15060(c)(3).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the Facility Operations Agreement, between the City and Elite Athlete Services,
LLC, for the Chula Vista Elite Athlete Training Center, in the form presented, with such minor
modifications as may be required or approved by the City Attorney, a copy of which shall be kept
on file in the Office of the City Clerk and authorizes and directs the City Manager to execute same.
Presented by Approved as to Form by
Courtney Chase Marco A. Verdugo
Deputy City Manager City Attorney
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FACILITY OPERATIONS AGREEMENT
between
THE CITY OF CHULA VISTA
a chartered municipal corporation,
as Owner
and
ELITE ATHLETE SERVICES LLC,
a California limited liability company, as Operator
FOR
THE CHULA VISTA ELITE ATHLETE TRAINING CENTER
LOCATED AT
2800 Olympic Parkway
Chula Vista, California
DATED: As of ____________, 2025
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TABLE OF CONTENTS
Page
Article 1 Definitions; Terminology; Exhibits .........................................................................6
1.1. Definitions................................................................................................................6
1.2. Terminology ........................................................................................................... 11
1.3. Exhibits ..................................................................................................................12
Article 2 Operation of Property Generally ............................................................................12
2.1. Engagement; Duties and Scope of Authority of Operator .....................................12
2.2. Additional Rights of Operator ...............................................................................14
2.3. Operator’s Responsibility for Operating Expenses and Reserves. ........................15
2.4. Operator’s Responsibility for Owner Reimbursement ..........................................16
2.5. Limitations on Operator’s Authority ......................................................................16
2.6. Emergency Actions and Expenditures ...................................................................17
2.7. Loss Recovery ........................................................................................................17
2.8. Owner Operated Property ......................................................................................17
2.9. Compliance with Core Agreement .........................................................................17
Article 3 Term .......................................................................................................................17
3.1. Term .......................................................................................................................17
3.2. Operator's Early Termination Rights.................................................................18
Article 4 Master Plan Development .....................................................................................18
Article 5 Annual Business Plan: Expenditures ....................................................................18
5.1. Draft Annual Business Plan ...................................................................................18
5.2. Owner Review of Annual Business Plan ...............................................................18
Article 6 Property Employees ...............................................................................................19
6.1. In General...............................................................................................................19
6.2. Key Positions .........................................................................................................19
6.3. Owner Coordinator/Liaison ...................................................................................19
Article 7 Operator Fees; Allocation of Net Operating Revenues ..........................................19
7.1. Operator Fee...........................................................................................................19
Article 8 Repairs and Maintenance; Capital Improvements .................................................20
8.1. Repairs and Maintenance .......................................................................................20
8.2. Capital Improvements and Major Repairs. ............................................................21
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8.3. Financing of Capital Improvements.......................................................................22
Article 9 Operating Account .................................................................................................22
9.1. Generally ................................................................................................................22
9.2. Direction of Payments to Operating Account ........ Error! Bookmark not defined.
Article 10 Books Records and Financial Reporting................................................................22
10.1. Books and Records ................................................................................................22
10.2. Financial Reports ...................................................................................................22
10.3. Owner Audits .........................................................................................................22
10.4. Confidential Information .......................................................................................23
Article 11 Insurance ................................................................................................................23
11.1. Maintenance of Insurance Coverage ......................................................................23
Article 12 Condemnation ........................................................................................................24
12.1. Condemnation ........................................................................................................24
Article 13 Termination ............................................................................................................24
13.1. Termination by Owner ...........................................................................................24
13.2. Termination by Operator ........................................................................................24
Article 14 Rights and Obligations Following Termination .....................................................24
14.1. Rights and Obligations Following Termination .....................................................24
14.2. Survival ..................................................................................................................25
Article 15 Events of Default ...................................................................................................25
15.1. Operator Defaults ...................................................................................................25
15.2. Owner Defaults ......................................................................................................26
15.3. Termination Upon Event of Default; Other Remedies ..........................................27
15.4. Unavoidable Interruption .......................................................................................27
Article 16 Notices ...................................................................................................................27
Article 17 Assignment ............................................................................................................28
17.1. Limitation on Assignment ......................................................................................28
Article 18 Indemnity ...............................................................................................................28
18.1. By Operator ............................................................................................................28
18.2. By Owner ...............................................................................................................28
18.3. Additional Indemnity Provisions ...........................................................................29
18.4. Survival ..................................................................................................................30
Article 19 Representations and Warranties .............................................................................31
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19.1. Representations and Warranties of Operator..........................................................31
19.2. Representations and Warranties of Owner .............................................................31
19.3. No Representation or Warranty Regarding Success; AS-IS ..................................32
Article 20 Covenants and Additional Rights and Obligations ................................................32
20.1. Owner Covenants ...................................................................................................32
20.2. Owner Reservation of Access/Events ....................................................................32
20.3. Security for Performance .......................................................................................33
20.4. Naming Rights .......................................................................................................33
20.5. Additional Training Site Designations ...................................................................33
Article 21 Dispute Resolution .................................................................................................33
21.1. General ...................................................................................................................33
21.2. First Level ..............................................................................................................33
21.3. Second Level ..........................................................................................................34
21.4. Third Level.............................................................................................................34
Article 22 Miscellaneous ........................................................................................................34
22.1. Limitation of Remedies..........................................................................................34
22.2. Relationship of the Parties .....................................................................................35
22.3. Entry and Inspection ..............................................................................................35
22.4. Further Assurances .................................................................................................35
22.5. CPRA .....................................................................................................................35
22.6. Joint and Several Liability .....................................................................................35
22.7. Taxes ......................................................................................................................35
22.8. Utilities ...................................................................................................................35
22.9. Waiver ....................................................................................................................35
22.10. Successors and Assigns ..........................................................................................36
22.11. Governing Law ......................................................................................................36
22.12. Amendments ..........................................................................................................36
22.13. Partial Invalidity.....................................................................................................36
22.14. Entire Agreement ...................................................................................................36
22.15. Time is of the Essence: Time Periods ....................................................................36
22.16. Interpretation ..........................................................................................................36
22.17. Counterparts; Electronic Execution and Delivery .................................................36
22.18. Attorney’s Fees and Litigation Expenses ...............................................................36
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FACILITY OPERATIONS AGREEMENT
Chula Vista Elite Athlete Training Center
This FACILITY OPERATIONS AGREEMENT (the “Agreement”) is made as
of ____________, 2025 (“Effective Date”) by and between THE CITY OF CHULA VISTA, a
chartered municipal corporation (“Owner”), and ELITE ATHLETE SERVICES LLC, a
California limited liability company (“Operator”).
RECITALS:
A. Owner owns that certain real property and improvements located at 2800 Olympic
Parkway, City of Chula Vista, California as more particularly described in the attached Exhibit A
(the “Property”) and the Facilities (as defined below). The Property operates as an elite athlete
training facility known as the “Chula Vista Elite Athlete Training Center.” As used in this
Agreement, and as is further defined below, the term “Facility” or “CVEATC” shall refer to the
Property, the Chula Vista Elite Athlete Training Center and all the improvements and facilities on
the Property, now existing or built during the Term; and
B. Owner and Operator previously entered into that certain Facilities Operations
Agreement dated as of April 21, 2016 (as amended, the “Original Agreement”) pursuant to which
Owner engaged Operator as the exclusive manager of the Facility. The term of the Original
Agreement had an expiration date of December 31, 2024 and has been extended for a short period
of time to accommodate drafting this Agreement.
C. Owner and Operator desire to enter into this new Agreement for the purpose of to
provide for the terms and conditions pursuant to which Operator will manage the Facility. The
intent of this Agreement is to memorialize the understanding of the Parties regarding the operation,
use and management of the CVEATC as a premier training destination for athletes and related
events for the benefit of the community.
D. Owner and Operator desire and intend that this Agreement will enable and facilitate
the continued operation of the Facility and that revenue derived by the operations of the Facility
will be sufficient, and will be utilized, for the ongoing maintenance, improvements, repairs, and
operation of the Facility in a manner that does not negatively impact or create a financial burden
on the Owner’s general fund and provides the opportunity for the operator to earn a reasonable
return.
D. Owner and Operator desire to enter into this Agreement relating to the management
and operation of the Property and the Facilities by Operator as the Chula Vista Elite Athle te
Training Center.
AGREEMENT:
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, and for other good and valuable consideration, Owner and Operator agree as follows:
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Article 1
Definitions; Terminology; Exhibits
1.1. Definitions. In this Agreement, the following terms have the following
meanings:
“Accounting Period” means each quarter during each Fiscal Year (or partial
quarter with respect to the first and last calendar month included in the Term, if the same are not
full quarters).
“Accounting Period Report” is defined in Exhibit B.
“Affiliate” of a person means any person which, directly or indirectly, Controls, is
Controlled by or is under common Control with, such person.
“Annual Business Plan” means the business plan for the Operation of the
CVEATC by Operator pursuant to the requirements of this Agreement for a Fiscal Year as is further
defined in Article 5.
“Annual Capital Budget” means the budget setting forth the projected
expenditures for Capital Improvements and FF&E for a Fiscal Year.
“Annual Operating Budget” means the projected operating budget for a Fiscal
Year. The Annual Operating Budget shall include Operator ’s reasonable estimates of the items of
Gross Operating Revenues and Operating Expenses for the applicable Fiscal Year.
“Annual Report” is defined in Exhibit B.
“Arbitrator” is defined in Exhibit E.
“Capital Events Revenues” means proceeds from the financing, sale or other
disposition of the Property or the Facilities or any portion thereof.
“Capital Improvements” means replacements, substitutions, alterations, additions
or improvements (exclusive of FF&E) in or to the Facilities deemed by Operator and Owner to be
necessary to comply with the Operating Standard or otherwise deemed by the parties to be
desirable and appropriate.
“Chula Vista Elite Athlete Training Center” or “CVEATC” each means the
Property, the Facilities and the FF&E, other than the Owner Operated Property.
“CI Naming Rights Revenues” means all revenues derived from any and all
agreements pursuant to which any naming rights in connection with the CVEATC are granted to
third parties in exchange for donations to be dedicated to fund the construction of new Capital
Improvements or to the enhancements of Existing Capital Improvements.
“City Council” means the City Council of the City of Chula Vista.
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“City Manager” means the City Manager of the City of Chula Vista, or their
designee.
“Control” or “Controlling” means, with respect to any person, the possession,
directly or indirectly, of the power to direct or cause the direction of the management or policies
of such person, or the power to veto major policy decisions of such person.
“Core Agreement” means the Core Agreement dated effective as of March 31,
2016 by and between Owner and USOPC, attached hereto as Exhibit G.
“Demand” is defined in Exhibit E.
“Dispute Notice” is defined in Section 21.1.
“Draft Annual Business Plan” is defined in Section 5.1.
“Easton” means Easton Sports Development Foundation, a California nonprofit
public benefit corporation.
“Easton Agreement” means the License, Lease and Operations Agreement dated
June 13, 2012 by and between Easton and USOC, as amended.
“Effective Date” means the date set forth in the Preamble of this Agreement.
“Emergency” means the occurrence of any circumstance which Operator
reasonably judges to be an emergency threatening the safety of persons or property at or near the
Property.
“Environmental Law” means any and all laws, ordinances, statutes, and
regulations relating to the Property or the Facilities now or hereafter in effect relating to
environmental pollution, Releases or threatened Releases of Hazardous Materials or otherwise
relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or
handling of Hazardous Materials.
“Event of Default” means any of the events described in Article 15, once any
condition contained therein for the giving of notice or the lapse of time, or both, has been satisfied
and any cure period has elapsed without the event having been cured.
“Existing Retail Store” means any retail store that is operated on that portion of
the Property currently operated as a retail store.
“Extension Option” is defined in Section 3.1.
“Facilities” means all the improvements and facilities on the Property, now existing
or built during the Term, which includes, without limitation, all those facilities dedicated to the
training of elite athletes.
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“Fiscal Year” means the fiscal year which begins on January 1 and ends on
December 31, except the first Fiscal Year is the period commencing on the Transfer Date and
ending on December 31 of the calendar year in which the Transfer Date occurs, and the last Fiscal
Year will end on the termination of this Agreement.
“Force Majeure Events” means fire, earthquake, extreme weather conditions or
other acts of God, acts of public enemies, riot, insurrection, terrorism, or other unforeseen non-
economic causes beyond the reasonable control of the Party seeking relief from the performance
of an obligation based on the occurrence of such event.
“Furniture, Fixtures and Equipment” or “FF&E” means all furniture,
furnishings, fixtures, decorations, and equipment and systems located at, or used in connection
with, the operation of the CVEATC.
“GAAP” shall mean generally accepted accounting principles set forth in the
opinions, statement and pronouncements of the Accounting Principles Board and the American
Institute of Certified Public Accountants and of the Financial Accounting Standards Board,
consistently applied.
“Governmental Authority” means any federal, state, or local governmental
authority having jurisdiction over the Property or the Facilities, including any agency, department,
board, commission, and other component thereof.
“Gross Operating Revenues” shall mean all income collected and derived from
the operation of the Facility from any source whatsoever, including, without limitation, (a) all
payments made by any party for housing at the Facility, meals and/or facility use, (b) all rents and
other charges due under all leases of any portion of the Facility, (c) all income generated from any
and all retail operations at the Facility, and (d) all Naming Rights Revenues, except to the extent
such revenues are dedicated by donors to fund the construction of Capital Improvements (in which
case such revenues will be used for such purpose and not counted in the calculation of Gross
Operating Revenues). Notwithstanding the foregoing, Gross Operating Revenues do not include
the Capital Event Revenues.
“Hazardous Materials” means all chemicals, pollutants, contaminants, wastes and
toxic substances, including: (a) solid or hazardous waste, hazardous substances, toxic substances,
as defined in any Environmental Law, (b) gasoline or any other petroleum product or byproduct,
polychlorinated biphenyls, asbestos and urea formaldehyde, (c) asbestos or asbestos containing
materials; (d) urea formaldehyde foam insulation, and (e) radon gas.
“Impositions” means all real estate and personal property taxes, levies and
assessments of any Governmental Authority on the Property or the Facilities.
“Initial Term” is defined in Section 3.1.
“Legal Proceedings” means all complaints, counterclaims or cross-claims filed in
a court of competent jurisdiction by or against the Property, the Facilities, Owner, or Operator in
connection with the Property or the Facilities.
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“Legal Requirements” means (a) all laws, ordinances, statutes, regulations and
orders relating or applicable to the Owner or Operator, the Property, the Facilities or the FF&E
now or hereafter in effect, and (b) all terms, conditions and requirements of all Permits and
restrictive covenants affecting the Property or the Facilities.
“Liabilities” is defined in Section 18.l.
“Major Repairs” means repairs costing in excess of $750,000 that must be made
to the CVEATC, whether or not caused by Force Majeure Events, and that (a) are not due to the
fault of Owner or Operator and (b) if not repaired, would materially adversely impact the
Operator ’s ability to fulfill Operator ’s obligations under this Agreement.
“Master Plan” is defined in Section 4.4.
“Naming Rights Revenues” means all revenues from the sale of naming rights
related to the CVEATC, excluding any CI Naming Rights Revenues.
“Net Operating Revenues” means, for each Fiscal Year, the amount, if any, by
which the Gross Operating Revenues exceed the sum of the Operating Expenses and the Reserves
for such Fiscal Year.
“Operating Account” means an account or accounts in the name of Operator
established by Operator at a federally insured bank selected by Operator.
“Operating Expenses” means, for any period, the sum of all expenses necessary
to operate the CVEATC in accordance with the Operating Standard, the Annual Capital Budget,
and the Annual Operating Budget. The Operating Expenses include, without limitation, the
Operator Fee. The Operating Expenses expressly do not include any Owner Expenses.
“Operating Losses” means, for each Fiscal Year, the amount, if any, by which the
Operating Expenses exceed the Gross Operating Revenues.
“Operating Standard” means the management, maintenance, repair, and
operation of the Chula Vista Elite Athlete Training Center to comply with (a) the USOPC
Agreement, (b) any contract entered into by the Owner, (c) the Annual Business Plan, (c) all
applicable Legal Requirements, and (d) the other requirements of this Agreement.
“Operator” is defined in the preamble of this Agreement.
“Operator Agents” is defined in Section 18.l.
“Operator Employees” is defined in Section 6.1.
“Operator Fee” shall mean $500,000 per annum, as defined in Section 7.1.
“Operator Parties” means Operator, and its officers, officials, directors,
employees, agents, Affiliates, representatives and lenders.
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“Operator Resolution Representative” is defined in Section 21.3.
“Owner” is defined in the preamble of this Agreement.
“Owner Agents” is defined in Section 18.2.
“Owner Coordinator/Liaison” is defined in Section 6.3.
“Owner Expenses” means all costs and expenses related to (a) the investigation
and/or remediation of any Hazardous Materials related to the CVEATC and/or the operation
thereof, including, without limitation, , except to the extent caused or permitted by Operator, (b)
any and all events hosted, sponsored or organized by Owner and agreed to by the Operator to be
held at the CVEATC, (c) changing the signage at the CVEATC, or at any off-site locations
including on public streets, pursuant to the requirements set forth in the USOPC Agreement, (d)
the maintenance and repair of the sewer lines servicing the CVEATC (defined as City sewer lines
outside the Property and all sewer lines on the Property up to and including, but not beyond, the
sewer line “clean outs” for each building receiving sewer service), and (h) the Owner Operated
Property. In addition, any costs or expenses that are determined to be the responsibility of Owner
pursuant to Section 8.2 (Capital Improvements and Major Repairs) shall be included in the
definition of Owner Expenses, subject to the provisions of such Section 8.2. Payment of the Owner
Expenses shall be the sole responsibility of Owner, without any right to reimbursement from the
Operator and Operator shall not have any obligation whatsoever to pay for the Owner Expenses,
including, without limitation, any obligation to pay for removal of any liens on the Property arising
from Owner ’s failure to pay the Owner Expenses. Notwithstanding anything herein to the contrary,
in no event shall Owner Expenses include any cost or expense caused by the negligence or willful
misconduct of Operator or any Operator Party.
“Owner Operated Property” means that portion or those portions of the Property
and the Facilities, designated by Owner and Operator in writing from time to time, which will not
be operated by Operator and will be operated by Owner or one of Owner ’s agents or designees.
The initial Owner Operated Property consists only of the following portions of the Property and
the following Facilities: Initially, none.
“Owner Reimbursement” means all costs and expenses related to (a) obtaining
property insurance for the CVEATC, including coverage and subject to deductibles that are
standard for a project of similar size and scope, provided that the parties acknowledge that the
Owner may self-insure through the Owner SIP, (b) any Impositions levied by any taxing authority
arising out of Owner’s ownership of the CVEATC, as opposed to Operator’s use and operation of
the CVEATC and/or Operator’s tax exempt status, or lack thereof; provided, however, that if the
applicable taxing authority determines that real property taxes, possessory interest taxes or similar
taxes must be paid due to the operation of the CVEATC by an entity other than Owner, or for any
other reason, such taxes shall be treated as Operating Expenses of the CVEATC.
“Owner Parties” means Owner, and its officers, officials, directors, elected
officials, employees, agents, Affiliates, representatives and lenders.
“Owner SIP” means Owner ’s expressly adopted formal program of self-insurance
applicable to the Property and the Facilities.
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“Party” means a party to this Agreement.
“Permits” means all governmental or quasi-governmental licenses and permits
necessary for the operation of and issued in connection with the CVEATC.
“Property” is defined in the preamble to this Agreement.
“Property Employees” means the personnel employed by Operator and working
at the Property.
“Property Special Projects” means special projects related to the construction of
additional Capital Improvements at the CVEATC or the enhancement of existing Capital
Improvements at the CVEATC to be mutually agreed upon (including, without limitation, as to
scope, timing and budget) between the Parties.
“Operator Reimbursable Expenses” is defined in Section 2.3.3.
“Release” means a “release” as defined in any Environmental Law, unless such
Release has been properly authorized and permitted in writing by each applicable Governmental
Authority or is allowed by such Environmental Law without authorizations or permits.
“Reserves” means the liquid operating and capital reserves set forth in the Annual
Operating Budget and the Annual Capital Budget and maintained by Operator in connection with
the operation of the Facility. The operating reserve is a fixed amount, rather than a yearly
contribution.
“Security for Performance” is defined in Section 20.3.
“Sports Performance Facilities” shall have the meaning given to such term in the
USOPC Agreement.
“Term” is defined in Section 3.1.
“Termination Notice” is defined in Section 3.2.
“Unavoidable Interruptions” means interruptions in the operation of the
CVEATC or any of its essential services on account of suspension of utility services, or on account
of labor disputes, strikes, lockouts, fire or other casualty, acts of God or any other extreme
occurrence beyond Operator ’s reasonable control.
“USOPC” means the United States Olympic and Paralympic Committee, a
federally chartered not-for- profit company.
1.2. Terminology.
1.2.1. All singular pronouns will include the plural, and all plural
pronouns will include the singular.
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1.2.2. The Table of Contents, and titles of Articles, Sections and
subsections in this Agreement are for convenience only, and neither limit nor amplify the
provisions of this Agreement, and all references in this Agreement to Articles, Sections,
subsections, paragraphs, clauses, subclauses or exhibits will refer to the corresponding Article,
Section, subsection, paragraph, clause or subclause of, or exhibit attached to, this Agreement,
unless specific reference is made to the articles, sections or other subdivisions of, or exhibits to,
another document or instrument.
1.2.3. Words such as “herein,” “hereof,” and “hereunder” refer to this
Agreement as a whole and not merely to a subdivision in which such words appear unless the
context otherwise requires.
1.2.4. The word “including” or any variation thereof means “including,
without limitation” and shall not be construed to limit any general statement that it follows to the
specific or similar items or matters immediately following it.
1.3. Exhibits. All exhibits attached to this Agreement are made a part of it.
Article 2
Operation of Property Generally
2.1. Engagement; Duties and Scope of Authority of Operator.
2.1.1. On the terms and conditions of this Agreement, Owner hereby
engages Operator as the sole and exclusive operator and manager of the CVEATC, and Operator
agrees to operate and manage the CVEATC during the Term, subject to the limitations set forth
below in Section 2.5 (Limitations on Operator’s Authority). This Agreement is not a lease. It is
an operating agreement for the purposes stated herein. Operator will operate and manage the
CVEATC in compliance with the Operating Standard. Operator's duties shall include the
following:
(i) paying the Operating Expenses, Owner Reimbursement and
funding the Reserves, provided, however, that Operator shall be obligated to fund the Reserves
only to the extent there is sufficient Net Operating Revenues as provided for in Article 7 and
Section 20.3;
(ii) manage all aspects of the day-to-day operation of the
Facility, including, without limitation, entering into booking agreements and/or other use
agreements with users of the Facility, on terms to be determined by Operator, for use of the
housing, food services, athletic and health facilities; administering and providing services to such
users in connection with performance of such booking agreements and other use agreements;
(iii) complying with all Legal Requirements that are applicable
to the operation and management of the CVEATC, provided that any obligation to make Capital
Improvements necessary to comply with the Legal Requirements shall be subject to the provisions
set forth in Article 7;
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(iv) engaging and maintaining an adequate and effective work
force for the purpose of satisfying Operator ’s responsibilities under this Agreement;
(v) repairing and maintaining the CVEATC in accordance with
the Operating Standard and Articles 7 and 8;
(vi) maintaining books, records and accounting systems in
accordance with the requirements of Section 10.1 hereof, which provide evidence of compliance
with GAAP;
(vii) preparing quarterly reports of capital repairs and
improvements equal to or greater than $10,000 as well as all short-term and/or long-term leases
entered into subject to the provisions of Section 2.2. To be provided within forty-five (45) days of
the end of each quarter;
(viii) proposing the Annual Business Plan, Annual Operating
Budget and the Annual Capital Budget subject to approval by City Manager ’s designee in
accordance with Article 5, and providing reports regarding the Annual Operating Budget and the
Annual Capital Budget in accordance with Section 10.2;
(ix) negotiating and entering into service contracts that are
necessary or desirable in the ordinary course of business in operating the CV EATC. All service
contracts shall be selected based on competitive procurement processes consistent with Owner’s
standard procurement processes. Operator may, subject to City’s reasonable prior written approval,
enter into service contracts with Affiliates of Operator on commercially reasonable terms. All
service contracts will: (A) be in the name of Operator, (B) be assignable, at Owner ’s request, to a
nominee, (C) to the extent customary and commercially possible, include a provision for
cancellation thereof by Operator upon not more than thirty (30) days’ written notice without
charge, and (D) require that all contractors provide evidence of such insurance as is customarily
carried by other contractors involved in similar servicing arrangements;
(x) fulfilling all obligations of Owner under all contracts
assumed by Operator, including contracts entered into directly by Owner (whether after the
Effective Date with Operator’s prior written consent or prior to the Effective Date, collectively, the
“Owner Agreements”) with any third party concerning the Property. The Owner Agreements
executed prior to the Effective Date that have been assigned to Operator are listed in the attached
Exhibit H. Owner agrees that Owner will not enter into, amend, supplement or otherwise modify
any Owner Agreements without Operator’s prior written consent;
(xi) market and advertise the Facility; and
(xii) performing all other acts and things as may be reasonably
necessary and appropriate to carry out Operator ’s duties under this Agreement.
2.1.2. Owner ’s engagement of Operator hereunder as operator and
manager of the CVEATC shall be on an exclusive basis during the Term of this Agreement and
during the Term Owner shall not have the right to (i) engage any other operator or manager of the
CVEATC, or (ii) enter into any direct agreements with third parties for the use of the CVEATC of
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any type, other than the Core Agreement and agreements with users of the Owner Operated
Property.
2.2. Additional Rights of Operator. Subject to the limitations set forth below in
Section 2.5 (Limitations on Operator’s Authority), Operator shall have the following additional
rights in connection with Operator’s management of the Facility upon City’s prior written consent
in every instance and subject to any prevailing wage, project labor agreement, applicable law, rule
or regulation, reasonable condition, Surplus Lands Act or any other applicable local, state or
federal contracting requirements imposed on City property:
2.2.1. Enter into one or more short term leases or ground leases with a
term of no more than seven (7) years for the purposes of athletic development (“Short Term
Leases”), including all option periods, with one or more tenants to operate one or more aspects of
the Facility.
2.2.2. Enter into development agreements (“Development Agreements”)
with one or more operating partners or developers (each, an “Operations Partner”), which may be
in the form of a formal partnership (such as, but not limited to, a limited liability company, a limited
partnership or other business organization), a services contract and/or a management agreement,
pursuant to which Operator works together with the Operations Partner to develop, construct
and/or operate one or more aspects of the Facility (each a “Development Project”); and
2.2.3. Propose to Owner, for Owner’s consideration and approval, one or
more long term leases or ground leases for the purposes of athletic development with a term of
longer than seven (7) years (“Long Term Leases”); provided, however, that each Long Term Lease
will be entered into between the tenant and Owner directly and Owner shall have sole discretion
to determine whether or not to enter into each Long Term Lease. Upon Operator submission to
Owner of a draft term sheet or letter of intent for a Long Term Lease, Owner shall provide a written
response to such term sheet or letter of intent, including Owner’s comments on the same, within
thirty (30) days after receipt of the term sheet or letter of intent. Upon receipt of a draft of the
definitive lease agreement for a Long Term Lease, Owner shall have thirty (30) days to provide a
written response to such draft lease agreement, including Owner’s comments on the same. If
Owner does not provide written responses within the thirty (30) day period, then the Long Term
Lease proposal shall be deemed rejected for purposes of this Agreement.
2.2.4. Exclusive Operator. Except as otherwise stated in this Agreement,
Operator’s authority as operator and manager of the Facility shall be exclusive of any Person,
including, but not limited to, any third party and Owner. Such exclusive authority means that
Operator shall have the right to control, direct, operate and manage all aspects of the Facility
without the need for any consent or approval of any Person, including Owner, subject to the
limitations of authority set forth in this Agreement and the requirements of applicable law. As used
herein, “Person” means an individual, corporation, partnership, limited liability company, trust,
unincorporated association or any other entity or organization, including a government or any
agency or political subdivision thereof. Notwithstanding any other provision to the contrary in this
Agreement, Operator shall be authorized to use and operate the Facility but shall not have any real
property interest in the Facility.
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2.2.5. Development Opportunities. Owner agrees to collaborate with
Operator on development projects, including, but not limited to, expanding Athlete Residences,
Athletic Venues and other such Facilities that may enhance the financial performance of the
CVEATC as guided by the Master Plan. Any proposals submitted prior the completion of the
Master Plan may be evaluated by the Owner in conjunction with the consultant completing the
Master Plan subject to the terms and provisions of this Agreement.
2.3. Operator’s Responsibility for Operating Expenses and Reserves.
2.3.1. Operator shall be responsible for paying for all Operating
Expenses of the Facility; provided, however, that all Operating Expenses that are Operator
Reimbursable Expenses shall be reimbursed to Operator by Owner.
2.3.2. Operator shall be obligated to maintain Reserves for the operation
of the Facility in the aggregate amount of $500,000 or thirty (30) days of operating expenses,
whichever is greater, at all times. For the avoidance of doubt, the amount of Reserves required
pursuant to this paragraph is an aggregate amount, not a yearly funding requirement. Operator
shall be obligated to fund the Reserves each calendar year only to the extent necessary to ensure
that the total amount of Reserves available at any given time equals $500,000.
2.3.3. As used in this Agreement, “Operator Reimbursable Expenses”
means Operating Expenses arising from or related to:
(i) the investigation and/or remediation of any Hazardous
Materials related to the Facility and/or the operation thereof except to the extent caused or
permitted by Operator or related to or arising from this Agreement or Operator ’s occupancy, use,
maintenance, operation, repair, or improvement of the Facility. As used herein, the term
“Hazardous Materials” means all chemicals, pollutants, contaminants, wastes and toxic substances,
including: (i) solid or hazardous waste, hazardous substances, toxic substances, as defined in any
Environmental Law, (ii) gasoline or any other petroleum product or byproduct, polychlorinated
biphenyls, asbestos and urea formaldehyde, (iii) asbestos or asbestos containing materials; (iv)
urea formaldehyde foam insulation, and (v) radon gas. “Environmental Law” means any and all
laws, ordinances, statutes, and regulations applicable to the Property or the Facility now or
hereafter in effect relating to environmental pollution, releases or threatened releases of Hazardous
Materials or otherwise relating to the manufacture, processing, distribution, use, treatment, storage,
disposal, transport or handling of Hazardous Materials;
(ii) Owner's violation of any obligations under any Owner
Agreement;
(iii) any and all events, activities or occupancies hosted,
sponsored, organized or arranged solely by Owner, and agreed to by the Operator, to be held at the
Facility;
(iv) the maintenance and repair of the sewer lines servicing the
Facility (defined as City sewer lines outside the Property and all sewer lines on the Property up to
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and including, but not beyond, the sewer line “clean outs” for each building receiving sewer
service);
(v) Operator Reimbursable Expenses will be reimbursed by
Owner to Operator within thirty (30) days after Operator submits to Owner a written request for
reimbursement with supporting documentation to the extent reasonably required by Owner,
including, without limitation, copies of the relevant Vendor Agreements, invoices and receipts.
2.4. Operator’s Responsibility for Owner Reimbursement
2.4.1. Owner Reimbursement Expenses will be reimbursed by Operator
to Owner within thirty (30) days after Owner submits to Operator a written request for
reimbursement with supporting documentation to the extent reasonably required by Operator,
including, without limitation, copies of the relevant invoices and receipts.
(i) Reimbursement for such expenses shall be reimbursed only
to the extent that such costs exceed the aggregate amount of cell tower revenues (for cell towers
located on the Property) received by the Owner.
(ii) obtaining property insurance for the Facility, including
coverage and subject to deductibles that are standard for a project of similar size and sco pe,
provided that the parties acknowledge that the Owner may self-insure through the Owner Self-
Insurance Program;
(iii) any and all real estate and personal property taxes, levies and
assessments of any governmental authority on the Property or the Facility arising out of Owner's
ownership of the Facility, as opposed to Operator's use and operation of the Facility and/or
Operator's tax-exempt status, or lack thereof.
2.5. Limitations on Operator ’s Authority. Notwithstanding anything to the
contrary set forth in this Agreement, Operator has no authority to do any of the following without
Owner ’s prior written approval in each instance, which may be withheld in Owner ’s sole and
absolute discretion:
2.5.1. Impose or cause the imposition of liens or encumbrances on the
Property, the Facilities or the FF&E;
2.5.2. Transfer, remove or modify any material real property interests,
physical structures or sporting venues that are part of the Property or the Facility; notwithstanding
the foregoing, Operator shall have the authority to make changes and improvements necessary to
maintain the property to reasonably acceptable standards in accordance with the terms of this
Agreement.
2.5.3. Provide preferred terms and conditions for use of any portion of
the facility by an Affiliate of Operator; and
2.5.4. Convey a material interest in real property that is part of the
Property or the Facility, other than (a) Short Term Leases entered into in accordance with Section
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2.2.1, or (b) the conveyance of an interest in Capital Improvements (i) to a lessee pursuant to a
Short Term Lease entered into in accordance with Section 2.2.1, or (ii) to an Operations Partner or
an affiliate of an Operations Partner pursuant to a Development Agreement entered into in
accordance with Section 2.2.2; provided, however, that in each of the cases described in subsection
(i) and (ii), any such interest in Capital Improvements terminates upon the expiration or earlier
termination of the applicable Short Term Lease or Development Agreement.
2.6. Emergency Actions and Expenditures. Notwithstanding anything to the
contrary in this Agreement, if an Emergency occurs, Operator is authorized to take such action and
cause such things to be done as Operator reasonably and in good faith believes necessary. Operator
will inform Owner of an Emergency as soon as practicable.
2.7. Loss Recovery. All Operating Losses are the responsibility of the Operator
for which the Owner has no responsibility.
2.8. Owner Operated Property. To the extent permissible, all revenues received
by Owner from third parties and generated from operations on the Owner Operated Property shall
be utilized by Owner, in Owner ’s sole discretion, for purposes of reinvesting into the CVEATC.
Cell tower lease revenue (for cell towers on the Property) received by Owner will first be used to
pay for Owner Reimbursable Expenses, any remaining expenses for these costs not covered by the
cell tower revenue will be reimbursed as detailed in Section 2.4 of this Agreement.
2.9. Compliance with Core Agreement. If Operator or any Operator Party does
or fails to do anything that causes Owner to be in violation of the Core Agreement or any
Agreement with the USOPC related to the Facility, Operator shall be responsible for rectifying
such matter. In the event of Operator ’s failure to rectify such matter within the cure period for the
rectification of such matter specified in the Agreement with the USOPC, then Operator shall be
deemed to be subject to an Event of Default under this Agreement. Notwithstanding the foregoing,
nothing in this Section 2.9 shall be construed to expand the list of obligations under the Core
Agreement assumed by Operator hereunder, as set forth in Section 2.l of this Agreement.
Article 3
Term
3.1. Term. Unless terminated earlier pursuant to a Party's termination
rights under this Agreement, the term ("Initial Term") of this Agreement shall commence
on the Effective Date and terminate on December 31, 2035. Operator shall have one option
(the "Extension Option") to extend the Initial Term by an additional two (2) years, to be
exercised by providing unconditional written notice to Owner by no later than January 1,
2034. The Initial Term, as it may be extended, shall sometimes be referred to herein as the
"Term." By no later than eighteen (18) months prior to the expiration of the Term, the parties
shall meet and confer regarding possible terms for a new agreement for up to eight (8) years,
provided that any new agreement shall be subject to each party's approval in its sole discretion,
provided further, however, that nothing in this sentence shall be construed to limit Operator's
right to exercise the Extension Option.
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3.2. Operator's Early Termination Rights. Operator shall have the right to
terminate this Agreement on the fourth (4th) anniversary and the sixth (6th) anniversary of the
Effective Date with nine (9) months' prior written notice to Owner (the "Termination
Notice"); provided, however, that such right may be exercised only if Operator and Owner
have met and conferred for the purpose of agreeing upon an alternative business plan for the
CVEATC at least three (3) months prior to the Operator's delivery of the Termination Notice.
Article 4
Master Plan Development
4.1. The City will complete a Master Plan as defined below. The Operator will
be invited to collaborate with the City’s consultant in preparing the Master Plan, which will be
presented to the City Council for adoption.
4.2. The Operator and Owner will collaborate to design a long-term master
development plan for the Facility (the “Master Plan”). The Master Plan will articulate a vision of
what the Facility may become during the Term and beyond. The cost of creating the Master Plan
will be borne by Owner.
4.3. Within the first thirty (30) days of the Term, senior representatives of
Operator and Owner will commence Master Plan development with an in-person kick-off meeting
to be held at a mutually convenient location and time. Thereafter, at least on a monthly basis, and
more often as necessary, representatives of Operator and Owner will meet, in-person, via telephone
or via videoconference, to discuss the progress and details of the Master Plan.
4.4. The Master Plan will address numerous and varied elements of the Facility,
with the scope to be developed collaboratively by the Owner and Operator.
4.5. Even after the initial Master Plan is finalized and adopted by the City
Council, it may be amended by mutual agreement of the parties.
Article 5
Annual Business Plan: Expenditures
5.1. Draft Annual Business Plan. The attached Exhibit D is a draft outline of a
proposed Annual Business Plan (the “Draft Annual Business Plan”).
5.2. Owner Review of Annual Business Plan. The Parties shall meet and confer
each Fiscal Year commencing on March 1st of the Fiscal Year to discuss possible updates and
modifications to the Annual Business Plan. On an annual basis, Operator will submit, by no later
than October 1st of each Fiscal Year, a proposed Annual Business Plan based on the Annual
Business Plan of the prior Fiscal Year to the City Manager for review. The City Manager will
provide comments to the proposed Annual Business Plan no later than thirty (30) days after receipt
of the proposed Annual Business Plan and Operator will give reasonable consideration to
amending the proposed Annual Business Plan to address the concerns raised by the City Manager
before resubmitting the Annual Business Plan to the Owner for review and approval. Approval
shall not be unreasonably withheld. In the event that Owner and Operator do not mutually agree
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to approve the Annual Business Plan, then such dispute will be resolved in accordance with Article
21.
5.2.1. The proposed Annual Business Plan shall include:
(i) Annual Operating Budget (revenues and expenses)
(ii) Annual Capital Budget
(iii) Five-year projected Capital Improvement Plan
Article 6
Property Employees
6.1. In General. Operator shall have the right and responsibility to hire, manage
and terminate Operator’s employees as necessary to operate and maintain the CVEATC pursuant
to the Operating Standard (the “Operator Employees”).
6.2. Key Positions. Ultimate decisions regarding hiring, managing or
terminating any Operator Employees shall be made by Operator in Operator ’s sole discretion.
Operator shall also have sole discretion with respect to hiring and/or terminating any and all
Operator accountants, consultants and legal counsel so long as Operator can demonstrate the ability
to meet its obligations under this Agreement.
6.3. Owner Coordinator/Liaison. On the Effective Date of this Agreement,
Owner shall designate a coordinator/liaison to be employed by Owner, or a non -profit created
thereby (the “Owner Coordinator/Liaison”). The Owner Coordinator/Liaison shall be
responsible for Owner ’s obligations in respect of CVEATC operations, and shall be Operator ’s
point of contact with the Owner and shall assist with the marketing of the CVEATC, at no cost to
Operator, provided that the Owner Coordinator/Liaison shall not have any approval rights over any
marketing decisions or any other aspects of the operation of the CVEATC. Operator shall provide
the Owner Coordinator/Liaison with full access to the CVEATC, along with reasonable meeting
space when requested and reasonable office support services, as an Operator expense.
Article 7
Operator Fees; Allocation of Net Operating Revenues
7.1. Operator Fee. Operator will receive an annual Operator Fee of $500,000 to
be accounted for as an Operating Expense and may be payable to the owner of the Operator.
7.1.1. Owner acknowledges that Operator may utilize various funding mechanisms to support its
operations, such as loans and financing. Such actions shall not affect Operator's entitlement to
receive the Operator Fee. Operator shall provide written notice to the owner of the intent to seek
or obtain any loans or finance. The parties will meet and confer within 30 days or notice. The
operator shall provide the owner with the loan amount, interest rate, loan provider and any other
relevant terms and conditions relevant to the loan. ,
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For avoidance of doubt, Owner shall not be obligated to pay, and Operator shall not be entitled
to receive the Operator Fee if Operator, fails to provide prior written notice to Owner if
Operator obtains any loans or financing, or has any debt secured by or related to (i) this
Agreement, (ii) revenue derived by this Agreement, or (iii) the operations of the CVEATC.
In no instance shall any financing agreement cause there to be any lien, encumbrance, or any
other financing mechanism that would use the Property as collateral or otherwise encumber title.
Interest rates shall be consistent with reasonable market rates for comparable publicly available
projects.
7.1.2. Net Operating Revenues. Consistent with Section 8.2, after the Annual Capital Budget and
Major Repairs have been completed in compliance with the Annual Business Plan and other terms
of this Agreement, Net Operating Revenues will be allocated as follows:
For the first one million dollars annually:
40% will be used to fund ongoing capital needs identified in
the Five-Year Capital Plan; and
60% may be used by the Operator at the Operator’s sole
discretion, provided such use does not negatively impact the
Five-Year Capital Plan.
For any monies over one million dollars annually:
50% will be used to fund ongoing capital needs identified in
the Five-Year Capital Plan; and
50% may be used by the Operator at the Operator’s sole
discretion, provided such use does not negatively impact the
Five-Year Capital Plan.
Article 8Notwithstanding any contrary provision in this Agreement, Owner shall not be
obligated to pay, and Operator shall not be entitled to receive Net Operating Revenues
unless and until Operator pays any loans, financing, and any debt secured by or related to
(i) this Agreement, (ii) revenue derived by this Agreement, or (iii) the operations of the
CVEATC that exist or are outstanding on the Effective Date. A loans, financing, and any
debt secured by or related to (i) this Agreement, (ii) revenue derived by this Agreement, or
(iii) the operations of the CVEATC that exist or are outstanding within ten (10) days of the
Effective Date. 7.1.3 In accordance with Section 5.2 both parties agree to meet and confer
regarding this Section after two consecutive years of positive Net Operating Revenues.
Repairs and Maintenance; Capital Improvements
8.1. Repairs and Maintenance. Subject to the provisions set forth in Section 8.2
(Capital Improvements and Major Repairs), Operator will repair and maintain the CVEATC to
keep the CVEATC in a good, healthy, safe, and sanitary condition, in the same or better condition
as the condition on the Effective Date, and in compliance with the Operating Standard and the
obligations of the USOPC agreement. Operator shall not commit or allow to be committed any
waste or any public or private nuisance on the Facility. Operator shall keep the Facility clean and
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clear of refuse and obstructions, and shall dispose of all garbage, trash, and rubbish in a manner
satisfactory to Owner. If the Facility is put into a condition that is not good, healthy, safe and
sanitary, Operator shall at its sole cost and expense restore the Facility to the condition which
existed prior to the waste, damage or destruction within a reasonable time. Notwithstanding the
foregoing, if any such repairs and maintenance (including any and all Major Repairs) are:
8.1.1. Owner ’s responsibility pursuant to the provision of Section 18.2
or are included in the Owner Expenses, then such repairs will be made by Owner unless the need
for the repair was caused by an act or omission of Operator;
8.1.2. necessary due to any condition against the occurrence of which
Owner has received the guaranty or warranty of a builder or of any supplier of labor or materials
for the CVEATC or its construction, then Operator will invoke the guarantees or warranties in
Owner ’s or Operator ’s name, and Owner will cooperate in all reasonable respects with Operator
in the enforcement thereof; and/or
8.1.3. covered by either Party’s insurance policy or policies, or are self-
insured by the Owner SIP, then the cost of such maintenance and repairs will be covered to the
extent of such insurance proceeds subject to Operator’s payment of any Owner cost associated
with the insurance claim.
8.2. Capital Improvements and Major Repairs.
8.2.1. In the event that any Major Repairs are needed, or if Owner and
Operator determine that certain Capital Improvements should be constructed on the CVEATC,
then Operator and Owner shall meet and confer to determine (i) which Major Repairs or Capital
Improvements should be made, and (ii) if a mutual decision is made to proceed with the
contemplated Major Repairs or Capital Improvements, how to reasonably allocate the cost and
responsibility of commencing and completing such Major Repairs or Capital Improvements
between Operator and Owner. In such discussions, the Parties will give consideration to all relevant
facts and circumstances, including, without limitation, the (A) cost of such Major Repairs or
Capital Improvements, (B) whether the repairs are covered by either Party’s insurance policy or
policies (including, without limitation, the Owner SIP), (C) Operator Fees then paid to date and
projected, (D) the remaining Term of the Agreement, (E) any prevailing wage, project labor
agreement, applicable law, rule or regulation, reasonable condition, Surplus Lands Act or any other
applicable local, state or federal contracting requirements imposed on City property and (F) the
ability of the CVEATC to generate Net Operating Revenues in the future.
8.2.2. Notwithstanding the foregoing, the parties agree that Operator
shall be required to pay all amounts towards Major Repairs to the extent that Operator reasonably
anticipates it will be able to recover such amounts from the payments due to the Operator under
this Agreement for the to-be-agreed-upon remainder of the Term. In the event that Owner and
Operator have a dispute over whether Operator can reasonably anticipate that Operator will be able
to recover amounts contributed toward the applicable Major Repairs, from the payments due to
Operator under this Agreement for the to-be-agreed-upon remainder of the Term, then such dispute
will be resolved in accordance with Article 21.
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8.3. Financing of Capital Improvements.
8.3.1. Operator may finance Capital Improvements which Operator
elects to undertake by any means permissible under applicable law applying for grants from
philanthropic organizations or individuals, seeking investment from private companies, individual
investors or developers (“Private Developers”), and/or applying for grants, awards, subsidies or
tax increment financing from governmental or quasi-governmental bodies, including, without
limitation, as may be available from the Owner. In no instance shall any financing agreement
cause there to be any lien, encumbrance or any other financing mechanism that uses the Property
as collateral or otherwise encumbers title. Interest rates shall be consistent with reasonable market
rates for comparable publicly available projects. Further, any financing agreement or arrangement
for any Capital Improvement project shall be approved by the Owner in writing prior to execution.
Article 9
Operating Account
9.1. Generally. Operator will open an Operating Account in the name of
Operator at a federally insured bank selected by Operator, which may only be drawn upon by the
signatories of Operator authorized under this Section 9.1. Operator will deposit into the Operating
Account as and when received by Operator all Gross Operating Revenues. From the Operating
Account, Operator will pay all Operating Expenses for which Operator is responsible under this
Agreement.
Article 10
Books Records and Financial Reporting
10.1. Books and Records.
10.1.1. The books of account and all other records relating to or reflecting
the operation of the CVEATC will be available to Owner and its representatives and its auditors or
accountants, at all reasonable times for examination, inspection, transcription and photocopying at
Owner ’s sole cost and expense.
10.1.2. All of the books and records pertaining to the CVEATC that are
proprietary in nature shall be kept confidential by Owner and Operator and may not be disclosed
to any third party, other than the Operator Parties and the Owner Parties, except to the extent
necessary pursuant to the Legal Requirements.
10.2. Financial Reports. Operator will deliver to Owner reports regarding the
Annual Operating Budget and the Annual Capital Budget during each Accounting Period and
Fiscal Year at the times and containing the information set forth on Exhibit B.
10.3. Owner Audits. On such more or less frequent basis as Owner desires, Owner
will have the right to perform a complete audit of the CVEATC either by Owner ’s internal
personnel or by a third-party auditor retained by Owner. The audit may cover all items of expense
and revenue under this Agreement including, without limitation, Gross Operating Revenues,
Operating Expenses, and the Operator Fee. The cost of one such audit during each Fiscal Year will
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be an Operating Expense and the cost of any additional audits during the Fiscal Year will be the
sole responsibility of Owner.
10.4. Confidential Information. Both parties recognize that their respective
employees and agents, in the course of performance of this Agreement, may be exposed to
confidential information and that disclosure of such information could violate the rights of private
individuals and entities, including the parties and third parties. Confidential information is
nonpublic information that a reasonable person would believe to be confidential and includes,
without limitation, personal identifying information (e.g., social security numbers), health
information and trade secrets, each as defined by applicable state law, and all other information
protected by applicable law (“Confidential Information”). The party receiving Confidential
Information (“Receiving Party”) of the other (“Disclosing Party”) shall not, and shall cause its
employees and agents who are authorized to receive Confidential Information, not to, use
Confidential Information for any purpose except as necessary to implement, perform or enforce
this Agreement or comply with its legal obligations. Receiving Party will use the same reasonable
efforts to protect the Confidential Information of Disclosing Party as it uses to protect its own
proprietary information and data. The Receiving Party will not disclose or release Confidential
Information to any third person without the prior written consent of the Disclosing Party, except
for where required by law or for authorized employees or agents of the Receiving Party. Prior to
disclosing the Confidential Information to its authorized employees or agents, Receiving Party
shall inform them of the confidential nature of the Confidential Information and require them to
abide by the terms of this Agreement. Receiving Party will promptly notify Disclos ing Party if
Receiving Party discovers any improper use or disclosure of Confidential Information and will
promptly commence all reasonable efforts to investigate and correct the causes of such improper
use or disclosure. If Receiving Party believes the Confidential Information must be disclosed
under applicable law, Receiving Party may do so provided that, to the extent permitted by law, the
other party is given a reasonable notice and opportunity to contest such disclosure or obtain a
protective order. Confidential Information does not include information that: (i) is or becomes
known to the public without fault or breach of the Receiving Party; (ii) the Disclosing Party
regularly discloses to third parties without restriction on disclosure; or (iii) the Receiving Party
obtains from a third party without restriction on disclosure and without breach of a non-disclosure
obligation. Confidential Information does not include any information that is required to be
provided to the public pursuant to the laws of the United States and/or California such as the
California Public Records Act, due to the nature of Owner being a local governmental agency. The
non-disclosure and non-use obligations of this Agreement will remain in full force with respect to
each item of Confidential Information for a period of ten (10) years after the Receiving Party’s
receipt of that item.
Article 11
Insurance
11.1. Maintenance of Insurance Coverage. Operator and Owner will maintain
insurance in connection with the CVEATC with the coverages described on Exhibit C. The
premiums for the insurance policies that Operator must maintain as set forth in Exhibit C will be
an Operating Expense, provided that if Operator maintains any such coverage under a blanket
policy, the premiums for the blanket policy will be fairly and equitably allocated between the
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CVEATC and other covered properties. The premiums for the insurance policies that Owner must
maintain as set forth in Exhibit C will be reimbursed from the Operator to the Owner.
Article 12
Condemnation
12.1. Condemnation. If the whole of the CVEATC will be taken or condemned in
any eminent domain, condemnation, compulsory acquisition or like proceeding by any competent
authority, this Agreement will terminate as of the date title vests in the condemning authority, or if
such a portion thereof will be taken or condemned as to make it imprudent or unreasonable, to
operate the remaining portion of the CVEATC in accordance with the Operating Standard, either
Party may, by notice to Operator, terminate this Agreement as of the date title vests in the
condemning authority. Operator will have no interest in any award paid to Owner, provided,
however, that nothing herein will limit Operator from filing a separate claim against the condemnor
for any loss to its business as a result of such condemnation. If only a part of the CVEATC will be
taken or condemned and the taking or condemnation of such part does not make it unreasonable
or imprudent to operate the remainder in accordance with the Operating Standard, this Agreement
will not terminate, and so much of any award to Owner will be made available as will be reasonably
necessary for making alterations or modifications to the CVEATC, or any part thereof, so as to
make it satisfactory as a property or similar type and class as prior to the taking or condemnation.
The balance of the award, after deduction of the sum necessary for such alterations or
modifications, will be retained by Owner, and Operator will not have interest therein. Operator
will be entitled to make a separate claim against the condemnor (if allowed by law) for loss to its
business as a result of such condemnation.
Article 13
Termination
13.1. Termination by Owner. Owner may terminate this Agreement, without
paying any termination fee (or any similar fee) at any time (a) in accordance with Article 12 as a
result of a condemnation, or (b) in accordance with Section 15.3, if an Event of Default by Operator
occurs.
13.2. Termination by Operator. Operator may terminate this Agreement, without
paying any termination fee (or any similar fee) at any time (a) in accordance with Article 12 as a
result of a condemnation, or (b) in accordance with Section 15.3, if an Event of Default by Owner
occurs.
Article 14
Rights and Obligations Following Termination
14.1. Rights and Obligations Following Termination. In addition to the rights and
remedies otherwise available to the Parties under this Agreement, the following provisions will
apply following termination of this Agreement pursuant to Article 13 or any other provision of
this Agreement:
14.1.1. Operator will vacate and deliver to Owner peacefully and promptly
the CVEATC and all Permits and all books, records, accounts, contracts, keys, and all other
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pertinent and necessary documents and records (excluding Property Employee records) pertaining
to the CVEATC and the operation thereof. Operator will deliver to Owner any and all of Owner ’s
properties and assets within the possession of Operator, including keys, locks and safe
combinations, files, correspondence, information and deposits relating to group and other advance
bookings, reservation lists, ledgers, bank statements for the Operating Account, accounting books
and records, all electronic data maintained by Operator relating to the CVEATC (which data will
be delivered in a format that is accessible and readable by Owner ’s then-current computer
systems), insurance policies on which Owner is a named or additional insured, and other
documents, agreements, leases, licenses, records and plans (including, without limitation, the as-
built or record set plans) relating to the operation of the CVEATC, provided that Operator may
retain possession of copies of any of the foregoing;
14.1.2. Operator will remit to Owner the balance (if any) of the Operating
Account, after computation and disbursement to Operator of all accrued and unpaid Operator Fees
;
14.1.3. As expeditiously as reasonably possible, Operator will prepare and
deliver to Owner the financial reports required under this Agreement with respect to the final
Accounting Period and Fiscal Year, and remit to Owner the amount (if any) shown as owing to
Owner in the final financial statements on account of any overpayment amounts; and
14.1.4. Operator will perform all acts and execute and deliver all
documents reasonably requested by Owner in connection with the transfer, all without
consideration therefor, and otherwise reasonably cooperate with Owner and any successor operator
to insure or facilitate orderly continuation of the business of the CVEATC.
14.2. Survival. The provisions of this Article 14 will survive the termination of
this Agreement.
Article 15
Events of Default
15.1. Operator Defaults. Each of the following will constitute an Event of Default
by Operator:
15.1.1. Operator fails to pay any sum of money to Owner provided for in
this Agreement when due, and that is not cured within ten (10) business days after written notice
from Owner;
15.1.2. Operator fails to keep, observe or perform any other material
covenant, agreement, term· or provision of this Agreement (with the exception of any such failure
constituting an Event of Default under any other subsection of this Section 15.1), and such failure
continues for a period of thirty (30) days after notice thereof by Owner to Operator. If su ch failure
is incapable of cure within the thirty (30) day period and if Operator promptly, diligently and
continuously pursues the cure thereof, then Operator will have a period of time reasonably required
to remedy such failure to effectuate a cure;
15.1.3. An assignment by Operator in violation of Section 17.1;
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15.1.4. Operator applies for or consents to the appointment of a receiver,
trustee or liquidator of Operator or of all of a substantial part of its assets, admits in writing its
inability to pay its debts as they come due, makes a general assignment for the benefit of creditors,
takes advantage of any insolvency law, or files an answer admitting the material allegations of a
petition filed against Operator in any bankruptcy, reorganization or insolvency proceeding, or if an
order, judgment or decree is entered by any court of competition jurisdiction, on the application of
a creditor, adjudicating Operator bankrupt or insolvent or approving a petition seeking
reorganization of Operator or appointing a receiver, trustee or liquidator of Operator or all or a
substantial part of its assets, and such order, judgment or decree continues unstayed and in effect
for any period of one hundred twenty (120) consecutive days;
15.1.5. Operator files a voluntary petition in bankruptcy or insolvency or
a petition for liquidation or reorganization under any bankruptcy law, or Operator consents to,
acquiesces in, or fails timely to controvert, an involuntary petition in bankruptcy, insolvency or an
involuntary petition for liquidation or reorganization filed against it; or
15.1.6. Any criminal misconduct, fraud or misappropriation of funds by
Operator.
15.2. Owner Defaults. Each of the following will constitute an Event of Default
by Owner:
15.2.1. Owner fails to timely pay Operator any money Owner is required
to pay or furnish to Operator, if such failure is not cured within ten (10) business days after written
notice by Operator;
15.2.2. Owner fails to keep, observe or perform any other material
covenant, agreement, term or provision of this Agreement (with the exception of any such failure
constituting an Event of Default under any other subsection of this Section 15.2), and such failure
continues for a period of thirty (30) days after notice thereof by Operator to Owner. If such failure
is incapable of cure within the thirty (30) day period and if Owner promptly, diligently and
continuously pursues the cure thereof, then Owner will have a period of time reasonably required
to remedy such failure to effectuate a cure;
15.2.3. Owner applies for or consents to the appointment of a receiver,
trustee or liquidator of Owner of all or a substantial part of its assets, or admits in writing its
inability to pay its debts as they come due, makes a general assignment for the benefit of creditors,
takes advantage of any insolvency law, or files an answer admitting the material allegations of a
petition filed against Owner in any bankruptcy, reorganization or insolvency proceeding, or if an
order, judgment or decree is entered by any court of competent jurisdiction, on the application of
a creditor, adjudicating Owner a bankrupt or insolvent or approving a petition seeking
reorganization of Owner or appointing a receiver, trustee or liquidator of Owner or of all or a
substantial part of its assets, and such order, judgment or decree continues unstayed and in effect
for any period of one hundred twenty (120) consecutive days;
15.2.4. Owner files a voluntary petition in bankruptcy or insolvency or a
petition for liquidation or reorganization under any bankruptcy law, or Owner consents to,
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acquiesces in, or fails timely to controvert, an involuntary petition in bankruptcy, insolvency or an
involuntary petition for liquidation or reorganization filed against it;
15.2.5. An assignment by Owner in violation of Section 17.1; or
15.2.6. Any criminal misconduct, fraud or misappropriation of funds by
Owner with regard to the CVEATC.
15.3. Termination Upon Event of Default; Other Remedies. Upon the occurrence
of an Event of Default, the non-defaulting Party may: (a) immediately terminate this Agreement
by delivering notice of termination to the defaulting Party; and (b) pursue any and all other
remedies available to the non-defaulting Party at law or in equity, subject to the limitations set
forth m Section 22.1.
15.4. Unavoidable Interruption. To the extent that Operator is not able to satisfy
any of obligations under this Agreement due to an Unavoidable Interruption, Operator shall be
excused from the performance of such obligation for the duration of the Unavoidable Interruption,
except to the extent the performance of such obligation remains required under the USOPC
Agreement. Operator will promptly notify Owner of any Unavoidable Interruption and keep
Owner informed as to the extent and impact of it on the CVEATC. Operator will also notify Owner.
of any actions recommended by Operator to mitigate the effect of the cause of the Unavoidable
Interruption.
Article 16
Notices
All notices, elections, acceptances, demands, and consents provided for in this
Agreement will be in writing and will be delivered to the addresses set faith below or at such other
address as any of the Parties hereto may hereafter specify in writing. Such notice or other
communication may be given by (i) messenger, (ii) Federal Express or other nationally recognized
overnight carrier, (iii) electronic mail (including via pdf transmission), or (iv) United States
certified mail, return receipt requested, postage prepaid. Notice delivered by the means described
in subsections (i) and (ii) of this paragraph shall be deemed received upon delivery. Notice
delivered by the means described in subsections (iii) of this paragraph shall be deemed received
upon delivery confirmed by the sending party’s automatic delivery confirmation system. All
notices delivered by the means described in subsection (iii) of this paragraph must also be delivered
by one of the other means set forth in paragraph, provided that, notwithstanding the foregoing, the
date of delivery of any notice sent by the means described in subsection (iii) shall not be affected
by the requirement that such additional notice be sent. Notice delivered by the means described in
subsection (iv) of this paragraph shall be deemed received on the fifth (5th) day following the date
of mailing of the notice. Notices will not be effective unless delivered by one of the means
described above.
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Elite Athlete Services LLC
2800 Olympic Parkway
Chula Vista, California 91915
Attn: Brian Melekian, President and COO
Email: bmelekian@trainatchulavista.com
Law Office of Jubin Meraj
8621 Wilshire Blvd., Floor 2
Beverly Hills, California 90211
Attn: Jubin Meraj, Esq.
Article 17
Assignment
17.1. Limitation on Assignment. Neither Party may assign the Agreement without
the other Party’s prior written consent which may be withheld in the requested party’s sole and
absolute discretion, except to a wholly-owned subsidiary of the assigning Party.
Article 18
Indemnity
18.1. By Operator. Except for those matters for which Owner is indemnifying
Operator in accordance with Section 18.2 below, Operator agrees to protect, indemnify, defend
and hold harmless Owner and the Owner Parties from and against any and all liabilities, costs,
fees, losses, demands, actions, judgments, expenses or claims (including reasonable attorney’s
fees, fees of experts and court costs) (collectively, the “Liabilities”) for personal and bodily injury
to or death of any person or for damages to any property arising out of or in any manner connected
with (a) the management, operation, occupancy or enjo yment of the CVEATC by Operator and
any of its sublessees, agents, employees, permittees, licensees or contractors (the “Operator
Agents”) or any work or activity or other things allowed or suffered by Operator or the Operator
Agents to be done in or about the CVEATC, and (ii) any breach or default in the performance
obligations of Operator under the Agreement. If Operator is required to defend Owner, Operator
or Operator ’s insurer shall be responsible for the reasonable cost of counsel, provided that Operator
or Operator ’s insurer shall have the right to control the defense, subject to Owner ’s right to consent
to any settlement of claims, which consent shall not be unreasonably withheld.
18.2. By Owner.
18.2.1. Except to the extent caused by Operator ’s negligence or willful
misconduct, Owner agrees to protect, indemnify, defend and hold harmless Operator and the
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Operator Parties from and against any and all Liabilities for personal and bodily injury to or death
of any person or for damages to any property arising out of or in any manner connected with (i)
the active negligence, willfully wrong or illegal use, management, operation, occupancy or
enjoyment of the Property by Owner and any of its, agents, employees, invitees, permittees,
licensees or contractors (excluding Operator and the Operator Parties) (the “Owner Agents”) or
any work or activity or other things negligently, wrongfully, or illegally caused by Owner or any
of the Owner ’s Agents to be done in or about the Property, and (ii) any breach or default in the
performance obligations of Owner under the Agreement. If Owner is required to defend Operator,
Owner or Owner ’s insurer shall be responsible for the reasonable cost of such counsel, provided
that Owner or Owner ’s insurer shall have the right to control the defense, subject to Operator ’s
right to consent to any settlement of claims, which consent shall not be unreasonably withheld.
18.2.2. Except to the extent such matters are caused or allowed by
Operator or any act or omission of Operator, Owner will indemnify, defend, protect (with counsel
acceptable to the Operator) and hold the Operator and the Operator Parties harmless from any and
all Liabilities related to the following:
(i) any environmental condition related to the Property not
caused by Operator, including, without limitation, the violation of any Environmental Law and the
investigation and/or remediation of any Hazardous Materials related to the CVEATC and/or the
operation thereof,
(ii) any claim for or by any occupant, tenant, licensee, invitee,
declarant, or any party that claims a right to the Property pursuant to a recorded or unrecorded
instrument, or by means of adverse possession or prescription, that their rights have been violated
by the operation of the CVEATC as required by the USOPC Agreement, the Transfer Agreement,
the Easton Agreement, this Agreement, that is not caused by the Operator after the Transfer Date
acting in violation of its obligations in this Agreement,
(iii) any event or circumstances that occurs related to the
operation, management, ownership and use of the Property that is not due to any act or omission
of the Operator or any of Operator ’s affiliates, employees, agents, representatives, or contractors,
to the extent that the Owner actually recovers the amount of such Liabilities from the USOPC
pursuant to Owner ’s rights under the Core Agreement or the Transfer Agreement, provided that
Owner shall make good faith efforts to exercise any rights Owner may have under both such
agreements to recover such amounts, and
(iv) for any events held at the Property by the Owner, sponsored
or co-sponsored by the Owner.
18.3. Additional Indemnity Provisions.
18.3.1. Under no circumstances will any of the indemnity rights set forth
in this Agreement require any indemnifying party to indemnify the other party for the indemnified
party’s negligence or wrongful conduct.
18.3.2. In the event that a claim is made against both Owner and Operator
by any USOPC employee based on events, benefits or salary accruing prior to the Effective Date
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of the Original Agreement, the Owner and the Operator, or their respective insurers, will equally
share the legal fees incurred in defending such claim by counsel reasonably acceptable to both
Parties and each Party shall have the right to approve of any settlement agreement affecting such
Party in connection with such claim, which approval shall not be unreasonably withheld, provided,
however, that if one such Party wishes to settle any such claim against it and the other Party does
not wish to settle the applicable claim, the Party that wishes to settle may do so and upon such
settlement shall be relieved of any cost-sharing obligations imposed by this Section and accruing
from and after the date of such settlement.
18.3.3. No recovery under the indemnification provisions of this
Agreement will be allowed if the Liability has been paid in full, or and to the extent that it has been
paid in part, by any insurance maintained by Owner or Operator.
18.3.4. PERS Eligibility Indemnification. In the event that any of
Operator’s officers, employees, agents, subcontractors, representatives or other persons providing
services on Operator’s behalf under this Agreement (collectively “Operator’s Personnel”) claims
or is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS of the Owner, Contractor shall
indemnify, defend (with counsel acceptable to Owner), and hold harmless Owner for the payment
of any employer and employee contributions for PERS benefits on behalf of Operator’s Personnel
as well as for payment of any penalties and interest on such contributions which would otherwise
be the responsibility of the Owner.
Notwithstanding any other agency, state or federal policy, rule, regulation,
law, or ordinance to the contrary, Operator’s Personnel providing services under this Agreement
shall not qualify for or become entitled to, and hereby agree to waive any claims to, any
compensation and benefit including but not limited to eligibility to enroll in PERS as an employee
of Owner and entitlement to any contributions to be paid by Owner for employer contributions
and/or employee contributions for PERS benefits.
18.3.5. Limitation of Owner Liability. The payment made to Operator
pursuant to this Agreement shall be the full and complete comp ensation to which Operator and
Operator’s Personnel are entitled for performance of any obligation under this Agreement. Neither
Operator nor Operator’s officers or employees are entitled to any salary or wages, or retirement,
health, leave or other fringe benefits applicable to employees of the Owner. The Owner will not
make any federal or state tax withholdings on behalf of Operator. The Owner shall not be required
to pay any workers’ compensation insurance on behalf of Operator.
18.3.6. Indemnification for Employee Payments. Operator agrees to
defend (with counsel acceptable to Owner), indemnify and hold harmless the Owner for and
against any obligation, claim, suit, or demand for tax, retirement contribution, including any
contribution to the Public Employees Retirement System (PERS), Social Security, salary, or wages,
overtime payment, or workers’ compensation payment which the Owner may be required to make
on behalf of Operator or Operator’s Personnel for work done under this Agreement.
18.4. Survival. This Article 18 will survive termination of this Agreement.
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Article 19
Representations and Warranties
19.1. Representations and Warranties of Operator. In order to induce Owner to
enter into this Agreement, Operator makes the following representations and warranties as of the
Effective Date:
19.1.1. this Agreement has been duly authorized, executed and delivered
and constitutes the legal, valid and binding obligation of Operator enforceable in accordance with
the terms hereof;
19.1.2. to the best knowledge of Operator, there is no claim, litigation,
proceeding or governmental investigation pending, or, as far as is known to Operator, threatened,
against or relating to Operator, the properties or business of Operator or the transactions
contemplated by this Agreement which does, or may reasonably be expected to, materially and
adversely affect the ability of Operator to enter into this Agreement or to carry out its obligations
hereunder, and to the best knowledge of Operator, there is no basis for any such claim, litigation,
proceedings or governmental investigation, except as has been fully disclosed in writing to Owner;
and
19.1.3. neither the consummation of the transactions contemplated by this
Agreement on the part of Operator or be performed, nor the fulfillment of the terms, conditions
and provisions of this Agreement, conflicts with or will result in the breach of any of the terms,
conditions or provisions of, or constitute a default under, any agreement, indenture, instrument or
undertaking to which Operator is a party or by which it is bound.
19.2. Representations and Warranties of Owner. In order to induce Operator to
enter into this Agreement, Owner makes the following representations and warranties as of the
Effective Date:
19.2.1. this Agreement has been duly authorized, executed and delivered
and constitutes the legal, valid and binding obligation of Owner enforceable in accordance with
the terms hereof;
19.2.2. there is no claim, litigation, proceeding or governmental
investigation pending, or as far as is known to Owner, threatened, against or relating to Owner, the
properties or business of Owner or the transactions contemplated by this Agreement which does,
or may reasonably be expected to, materially and adversely affect the ability of Owner to enter into
this Agreement or to carry out its obligations hereunder, and there is no basis for any such claim,
litigation, proceedings or governmental investigation, except as has been fully disclosed in writing
to Operator; and
19.2.3. neither the consummation of the transactions contemplated by this
Agreement on the part of Owner to be performed nor the fulfillment of the terms, conditions and
provisions of this Agreement, conflicts with or will result in the breach of any of the terms,
conditions or provisions of, or constitute a default under, any agreement, indenture, instrument or
undertaking to which Owner is a party or by which it is bound.
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19.3. No Representation or Warranty Regarding Success; AS-IS. In entering into
this Agreement, Operator and Owner acknowledges that (a) neither such Party has made any
representation or warranty to the other regarding projected earnings, the possibility of future
success or any other similar matter respecting the CVEATC, and (b) such Party understands that
no guarantee has been made as to any specific amount of income to be received b y Operator or
Owner or as to the future financial success of the CVEATC. Operator has reviewed and approves
the terms and conditions of the Transfer Agreement and the USOPC Agreement. Operator has
conducted all necessary and appropriate inspections and other due diligence analysis with respect
to the CVEATC and accepts the CVEATC in its current, AS-IS, condition.
Article 20
Covenants and Additional Rights and Obligations
20.1. Owner Covenants. Owner makes the following covenants in favor of
Operator: (a) Owner shall not make or allow any material alterations to any existing facilities or
improvements at the Property or to any new facilities at the Property, to the extent that Operator
demonstrates that such alterations or improvements would have a material adverse impact on the
Operator ’s ability to operate the CVEATC in accordance with this Agreement or the Annual
Business Plan without first receiving Operator ’s prior written approval, which shall not be
unreasonably withheld, conditioned or delayed, (b) Owner shall not take any actions to violate any
use restrictions applicable to the Property (including, without limitation, any such restrictions
under the Legal Requirements), and the Operator shall agree to do the same, (c) Owner shall use
good faith efforts to and cooperate with Operator to seek ways to increase revenues and decrease
costs of operations for the CVEATC, including good faith efforts to attempt to negotiate an
agreement with the local electricity and water providers to lower the cost of electricity and water,
respectively, if Owner is able to achieve a lower electricity and/or water rate, (d) to the extent
permissible under the Legal Requirements and to the extent Owner will not have to pay for the
following items, Owner shall waive any and all Owner-imposed taxes, fees, payments, charges,
processing costs, inspection costs or fees, or any other costs or fees related to the operation and
use of the CVEATC that Owner is authorized to charge to private landowners, (e) Owner shall not
amend or otherwise modify the Core Agreement, or make any other agreement between Owner
and USOPC with respect to the CVEATC without Operator ’s prior written consent, which shall
not be unreasonably withheld, conditioned or delayed.
20.2. Owner Reservation of Access/Events.
20.2.1. Subject to reasonable restrictions imposed by Operator and to
Operator ’s receipt of reasonable advance notice of Owner ’s request, the following terms shall
apply:
(i) Operator shall provide Owner ten (10) passes at no cost to
special CVEATC events identified in advance by the mutual agreement of Owner and Operator,
which passes will be distributed by Owner at no cost.
(ii) Sufficient time and space permitting, Owner shall have
access to the CVEATC to host a certain number and type of Owner events (such as Owner
staff/official retreats or meetings) to be agreed upon between Owner and Operator and Owner shall
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pay for such access at a price equal to Operator ’s cost for the same, as reasonably determined by
Operator.
(iii) Owner ’s use of the Property for certain additional other
programs sponsored or operated by Owner and agreed to by Operator (including but not limited
to, the Owner Library Foundation, the Friends of Parks and Recreation, and the City of Chula Vista
Police Activities League) shall be scheduled with prior approval of Operator at preferred rates to
be negotiated.
20.2.2. To the extent that Operator anticipates that any of the rights granted
to Owner pursuant to Sections 20.2.1(ii) and 20.2.1(iii) will conflict with an income-producing
third-party use of the CVEATC, Owner and Operator agree that such third-party use will be given
priority by Operator.
20.3. Security for Performance. As security for Operator ’s performance of its
obligations under this Agreement, Operator shall ensure that Operator maintains Reserves of no
less than $500,000 at all times during the Term. If the amount of the Reserves drops below
$500,000.00 at any time during the Term, Operator shall immediately notify City thereof and shall
immediately replenish such minimum Reserves, including, if necessary, by utilizing independent
funds of Operator.
20.4. Naming Rights. Any agreement with respect to naming rights for all or any
portion of the CVEATC shall be subject to the prior written approval of the City, after meeting and
conferring with Operator, in the City’s reasonable discretion; provided, however, in no event will
City approve naming rights for any CVEATC facility for a university or college institution without
Operator ’s prior approval, not to be unreasonably withheld.
20.5. Additional Training Site Designations. Any proposal concerning
conducting additional sports activities at CVEATC shall be mutually agreed upon in writing by
Owner and Operator prior to execution of any associated agreement or facility modification and
prior to commencement of the additional activities.
Article 21
Dispute Resolution
21.1. General. If a conflict or dispute arises between the Parties in relation to this
Agreement, all efforts will be used to immediately resolve such conflict or dispute on an amicable
basis. If the Parties cannot arrive at a resolution of such conflict or dispute within thirty (30) days
of the date written notice of such conflict or dispute is provided by one Party to the other Party
(the “Dispute Notice”), the dispute resolution procedure set forth in this Article 21 shall be
followed by the Parties.
21.2. First Level. The employee of the Operator primarily responsible for
management of the CVEATC and the Owner Coordinator/Liaison shall meet and use commercially
reasonable efforts to resolve the issue in the best interest of the applicable program and/or athletes
involved and all other applicable considerations, and with the least amount of disruption possible
to the applicable program and/or athletes’ training activities.
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21.3. Second Level. In the event that the dispute or conflict cannot be resolved by
the process described in the previous paragraph within forty-five (45) days of a Party’s receipt of
the Dispute Notice, then such dispute or conflict shall be promptly submitted to a representative
designated by Operator (the “Operator Resolution Representative”) and the City Manager (the
“Owner Resolution Representative”) for resolution, which individuals shall be different than
those named in Section 21.2 hereof. The foregoing shall be accomplished by the complaining Party
submitting, in writing, a brief and specific summary of the dispute, as well as the relief sought. It
is not the intent of the Parties that such document be technical in nature, but rather that such
document be an aid in providing prompt, fair and impartial relief with the least degree of disruption
possible to the applicable program and/or athletes’ training activities. The Operator Resolution
Representative and the Owner Resolution Representative will use commercially reasonable efforts
to comply with the spirit of the dispute resolution process set forth in this Article 21 in providing
the fairest possible resolution. The parties understand that some such disputes or conflicts may not
be of an immediate nature relating only to one specific activity, but rather to an accumulation of
conflicts or disputes or to a process or rule.
21.4. Third Level. In the event that the steps set forth in the immediately
preceding paragraph does not result in the resolution of such dispute within sixty (60) days of a
Party’s receipt of the Dispute Notice, Operator and Owner agree that such disp ute shall be settled
by final and binding arbitration in accordance with the arbitration procedures set forth on the
attached Exhibit E. BY EXECUTING THIS AGREEMENT, OPERATOR AND OWNER ARE
AGREEING TO HAVE ANY SUCH DISPUTE ARISING OUT OF THIS AGREEMENT THAT
HAS NOT BEEN RESOLVED PURSUANT TO THE FOREGOING PROVISIONS OF THIS
Article 21 DECIDED BY NEUTRAL BINDING ARBITRATION AS PROVIDED BY
CALIFORNIA LAW AND OPERATOR AND OWNER ARE GIVING UP ANY RIGHTS THEY
MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY
EXECUTING THIS AGREEMENT, OPERATOR AND OWNER ARE GIVING UP THEIR
JUDICIAL RIGHTS TO DISCOVERY AND APPEAL WITH RESPECT TO DISPUTES
ARISING IN CONNECTION WITH THIS AGREEMENT, EXCEPT TO THE EXTENT SUCH
RIGHTS ARE SPECIFICALLY INCLUDED IN TH E ARBITRATION OF DISPUTES
PROVISION SET FORTH ON THE ATTACHED EXHIBIT E.
________ INITIALS OF OWNER _______ INITIALS OF OPERATOR
If either Operator or Owner refuses to submit to arbitration, such Party may be
compelled to arbitrate under the authority of the California Code of Civil Procedure. Each of
Operator ’s and Owner ’s agreement to this arbitration provision is voluntary. Each of Operator and
Owner acknowledges and agrees that such Party has read and understands the foregoing and agrees
to submit disputes arising out of this Agreement to neutral binding arbitration.
Article 22
Miscellaneous
22.1. Limitation of Remedies. In the event of a breach by either Party hereunder,
or the enforcement of any indemnity obligation, the Other Party may recover only its direct, actual
damages as a result of such breach. In no event shall either Party have a right to recover punitive
or consequential damages including, without limitation, lost profits.
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22.2. Relationship of the Parties. By virtue of this Agreement, Operator and
Owner shall not be construed to be (a) joint venturers or partners of each other, or (b) landlord and
tenant. Neither Party shall have the power to bind or obligate the other Party except as set forth in
this Agreement. Operator understands and agrees that the relationship to Owner is that of
independent contractor, and that it will not represent to anyone that its relationship to Owner is
other than that of independent contractor. Nothing herein shall deprive or otherwise affect the right
of either Party to own, invest in, manage or operate property, or to conduct business activities
which are competitive with the business of the Property.
22.3. Entry and Inspection. Owner may at all times enter and inspect the Facility
and the operations conducted on the Facility.
22.4. Further Assurances. Owner and Operator will execute and deliver all other
appropriate supplement agreements and other instruments and take any other action reasonably
necessary to make this Agreement fully and legally effective, binding and enforceable as between
them and as against third parties.
22.5. CPRA. This Agreement is a public document subject to the California
Public Records Act (Act), and as such may be subject to public review. Owner shall determine, in
its sole discretion, whether information provided to Owner by Operator is or is not a public record
subject to disclosure under the Act. Owner shall not be liable or obligated for any burden or loss
(financial or otherwise) incurred by Operator as a result of Owner’s disclosure or non-disclosure
of information requested pursuant to the Act.
Operator’s Waiver. OPERATOR EXPRESSLY WAIVES ANY CLAIM AGAINST
OWNER AND ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES,
REPRESENTATIVES AND AGENTS FOR ANY BURDEN, EXPENSE OR
LOSS THAT OPERATOR INCURS AS A RESULT OF OWNER’S DISCLOSURE
OR NON-DISCLOSURE OF OPERATOR INFORMATION REQUESTED
PURSUANT TO THE ACT
22.6. Joint and Several Liability. If Operator is comprised of more than one person
or legal entity, such persons or legal entities, and each of them, shall be jointly and severally liable
for the performance of each and every obligation of Operator under this Agreement.
22.7. Taxes. Subject to the provisions of Article XIII, section 3(d) of the
California Constitution and section 202.2 of the California Revenue and Taxation Code, Operator
shall pay, before delinquency, all taxes, assessments, and fees assessed or levied upon Operator or
the Facility, including the land, any buildings, structures, machines, equipment, appliances, or
other improvements or property of any nature whatsoever
22.8. Utilities. Operator shall order, obtain and pay for all utilities and service
installation charges in connection with the use and operation of the Facility.
22.9. Waiver. The waiver of any of the terms and conditions of this Agreement on
any occasion or occasions will not be deemed a waiver of such terms and conditions on any future
occasion.
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22.10. Successors and Assigns. Subject to and limited by Article 17, this
Agreement will be binding upon and inure to the benefit of Owner, its successors and permitted
assigns, and will be binding upon and inure to the benefit of Operator, its successors and permitted
assigns.
22.11. Governing Law. This Agreement will be governed by and construed in
accordance with the laws of the State of California without regard to California or any other choice
of law or conflicts of laws principles.
22.12. Amendments. This Agreement may not be modified, amended, surrendered
or changed, except by a written document signed by Owner and Operator agreeing to be bound
thereby.
22.13. Partial Invalidity. If any one or more of the phrases, sentences, clauses or
paragraphs contained in this Agreement will be declared invalid by the final and unappealable
order, decree or judgment of any court or arbitration panel with valid jurisdiction, this Agreement
will be construed as if such phrases, sentences, clauses or paragraphs had not been inserted, unless
such construction would substantially destroy the benefit of the bargain of this Agreement to either
of the parties hereto.
22.14. Entire Agreement. This Agreement constitutes the entire agreement
between the Parties relating to the subject matter hereof, superseding all prior agreements or
undertakings, oral or written.
22.15. Time is of the Essence: Time Periods. TIME IS OF THE ESSENCE IN
THIS AGREEMENT. Time periods expressed as a number of days will be in calendar days, unless
specifically stated to be in business days.
22.16. Interpretation. No provision of this Agreement will be construed against or
interpreted to the disadvantage of any Party hereto by any court or other governmental or judicial
authority by reason of such Party having or being deemed to have structured or dictated such
provision.
22.17. Counterparts; Electronic Execution and Delivery. This Agreement may be
executed in any number of counterparts, each of which will be deemed to be an original and need
not be signed by more than one of the parties hereto and all of which will constitute one and the
same agreement. This Agreement may be executed and delivered via pdf or facsimile transmission.
Delivery of an executed counterpart of this Agreement by facsimile or pdf shall be equally as
effective as delivery of an original executed counterpart of this Agreement.
22.18. Attorney’s Fees and Litigation Expenses. The prevailing Party in any action
arising out of or related to this Agreement (including, without limitation, any arbitration) will be
entitled to recover from the other Party all reasonable fees, costs, and expenses incurred by the
prevailing Party in connection with such action, including reasonable attorneys’ fees, expenses,
and disbursements, and fees, costs, and expenses relating to any appeal. If any Party secures a
judgment in any proceeding brought to enforce or interpret this Agreement (including, without
limitation, any arbitration), then any costs or expenses (including reasonable attorneys’ fees)
incurred in enforcing, or in appealing from, such judgment will be payable by the Party against
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whom such judgment or determination on appeal has been rendered and will be recoverable
separately from and in addition to any other amount included in such judgment.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
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IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written, in duplicate:
OWNER:
THE CITY OF CHULA VISTA,
OPERATOR:
ELITE ATHLETE SERVICES LLC,
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EXHIBIT LIST
EXHIBIT A – LEGAL DESCRIPTION OF PROPERTY
EXHIBIT B – OPERATOR ACCOUNTING REPORTS
EXHIBIT C – SCHEDULE OF INSURANCE COVERAGES
EXHIBIT D – DRAFT ANNUAL BUSINESS PLAN
EXHIBIT E – ARBITRATION PROCEDURE
EXHIBIT F – PROPERTY FACILITIES
EXHIBIT G – CORE AGREEMENT
EXHIBIT H – OWNER AGREEMENTS
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EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CHULA
VISTA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED
AS FOLLOWS:
PARCEL Al: APN 643-040-25
PARCEL 2 OF PARCEL MAP NO. 21014, IN THE CITY OF CHULA VISTA, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DECEMBER 10, 2012 AS INSTRUMENT NO. 2012-0773388 OF OFFICIAL
RECORDS.
EXCEPTING THEREFROM AN UNDIVIDED ½ INTEREST IN ALL OIL, GAS, AND
MINERALS OWNED BY GRANTOR 500 FEET OR MORE BELOW THE SURFACE OF SAID
LAND, BUT WITHOUT THE RIGHT OF ENTRY ON THE SURFACE OF SAID LAND, AS
RESERVED IN THAT CERTAIN DEED RECORDED FEBRUARY 16, 1994 AS FILE NO. 1994-
0104492, OFFICIAL RECORDS.
PARCEL A2: APN 643-040-26, 27 AND 28
PARCELS 1, 2 AND 3· OF PARCEL MAP NO. 21116, IN THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 13, 2014 AS INSTRUMENT NO.
2014-099767 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM AN UNDIVIDED ½ INTEREST IN ALL OIL, GAS AND
MINERALS OWNED BY GRANTOR 500 FEET OR MORE BELOW THE SURFACE OF SAID
LAND, BUT WITHOUT THE RIGHT OF ENTRY ON THE SURFACE OF SAID LAND, AS
RESERVED BY WESTERN SALT COMPANY, BY DEED RECORDED FEBRUARY 16, 1994
AS INSTRUMENT NO. 94-0104492 OF OFFICIAL RECORDS.
PARCEL B: (PORTION 643-040-02 AND PORTION 643-040-03)
A LEASE FOR OLYMPIC TRAINING FACILITIES LOCATED IN THE LOWER OTAY LAKE
AREA IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEASTERLY TERMINUS OF THE CENTER LINE OF WUESTE
ROAD DESIGNATED AS NORTH 46°33'30' EAST 200.32 FEET AS SHOWN ON PARCEL
MAP 16318 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
SAID POINT BEING THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE
CONCA VE SOUTHWESTERLY; THENCE NORTHEASTERLY AND NORTHERLY ALONG
THE CENTER LINE OF SAID WUESTE ROAD A DISTANCE OF
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314.55 FEET, THROUGH A CENTRAL ANGLE OF 45°03124" TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING THE CENTER LINE OF SAID ROAD NORTH 84°19'16"
EAST 113.55 FEET TO A TANGENT 75.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 153.01 FEET, THROUGH A CENTRAL ANGLE OF 116°53'16"; THENCE
SOUTH 21°12'32" WEST 462.90 FEET; THENCE SOUTH 68°50'31" EAST 341.35 FEET;
THENCE NORTH 53°01'11" EAST 207.80 FEET; THENCE NORTH 29°27'13" EAST 97.62
FEET; THENCE NORTH 49°18'16" WEST 131.89 FEET; THENCE NORTH 35°11'51" WEST
137.06 FEET; THENCE NORTH 69°22'16" WEST 131.39 FEET; THENCE NORTH 21°12'32"
EAST 182.34 FEET TO A TANGENT 105.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 214.21 FEET, THROUGH A CENTRAL ANGLE OF 116°53'16"; THENCE
SOUTH 84°19'16" WEST 221.92 FEET TO A POINT ON A 400.00 FOOT RADIUS CURVE
CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 77°08'25" EAST,
SAID CURVE ALSO BEING THE CENTER LINE OF WUESTE ROAD AS SHOWN ON SAID
PARCEL MAP; THENCE SOUTHERLY ALONG THE ARC OF SAID CENTER LINE A
DISTANCE OF 100.26 FEET, THROUGH A CENTRAL ANGLE OF 14°21'41" TO THE TRUE
POINT OF BEGINNING.
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EXHIBIT B
OPERATOR ACCOUNTING REPORTS
Operator will provide to Owner (i) a report on the operation of the CVEATC for each Accounting
Period (the "Accounting Period Report") no later than forty five (45) calendar days after the last
day of that Accounting Period, and (ii) an annual report on the operation of the CVEATC for each
Fiscal Year (the "Annual Report") no later than ninety (90) calendar days after the end of that
Fiscal Year.
The Accounting Period Report will include the following information:
l. Income Statement. A profit and loss statement, with a summary, prepared in accordance
with the GAAP. The profit and loss statement will be provided for the: (a) Accounting
Period, and (b) Fiscal Year-to-date performance. Accounting Period and year-to-date
variances from the Annual Operating Budget and the Annual Capital Budget will be
included.
2. Listing of all capital repairs and improvements exceeding $10,000.
3. Listing and detailed terms and conditions for any short-term and/or long-term leases.
The Annual Report will include the following information:
1. Income Statement. A profit and loss statement, with a summary, prepared in accordance
with the GAAP. The profit and loss statement will be provided for the Fiscal Year that is
the subject of the Annual Report. Variances from the Annual Operating Budget and the
Annual Capital Budget will be included.
2. Balance Sheet. A balance sheet as of the last day of the Accounting Period or Fiscal Year.
3. Cash Flow. A cash flow statement.
4. Capital Expenditures. A capital expenditures statement showing, in reasonable detail: (a)
capital items in progress, (b) the cost to complete for specific ongoing capital projects, and
(c) a schedule of accrued capital expenditures. The capital expenditure statement will be
presented for the Fiscal Year that is the subject of the Annual Report.
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EXHIBIT C
SCHEDULE OF INSURANCE COVERAGES
INSURANCE PROCURED BY OPERATOR ·
Operator shall procure and maintain for the duration of the Agreement, the following insurance
coverage in connection with the performance of the work hereunder by the Operator, its agents,
representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL) (Including Sexual Misconduct Liability):
Insurance Services Office Form CG 00 01, including products and completed operations,
with limits of no less than $1,000,000 per occurrence for bodily injury, personal injury, and
property damage. If a general aggregate limit applies, either the general aggregate limit
shall apply separately to this project/location or the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code
1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property
damage.
3. Umbrella or Excess Liability $5 Million Excess of underlying General Liability and Auto
Liability listed above as 1 and 2.
4. Workers' Compensation insurance as required by the State of California, with Statutory
Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per
accident for bodily injury or disease.
5. Employment Practices Liability $1,000,000 per Claim
6. Fidelity Bond: Contractor shall maintain Employee Dishonesty and, when applicable,
Inside/Outside Money & Securities coverages for property in the care, custody and control
of the contractor. Coverage limits shall not be less than $500,000.
If Operator maintains higher limits than the minimums shown above, Owner requires and shall be
entitled to coverage for the higher limits maintained.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by Owner, which
approval shall not be unreasonably withheld, conditioned or delayed.
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Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. Owner and USOPC, their officers, officials, employees, and volunteers are to be
covered as additional insureds on all liability policies with respect to liability
arising out of with respect to liability arising out of work or operations performed by
or on behalf of the Operator including materials, parts, or equipment furnished in
connection with such work or operations and automobiles owned, leased, hired, or
borrowed by or on behalf of the Operator. General liability coverage can be provided
in the form of an endorsement to the Operator's insurance (at least as broad as ISO
Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37 forms if later revisions used).
The Endorsement must not exclude Products I Completed Operations.
2. Each insurance policy required by this clause shall provide that coverage shall not be
canceled, except with notice to the Owner.
Claims Made Policies
If any coverage required IS written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of
the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least
three (3) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a retroactive date prior to the contract effective, or start of work date, the
Operator must purchase extended reporting period coverage for a minimum of ten
(10) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to Owner for review.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless
otherwise acceptable to the Owner.
Waiver of Subrogation
Operator hereby agrees, to the extent possible, to cause its insurers to waive rights of su brogation
which any insurer of Operator may acquire from Operator by virtue of the payment of any loss.
Operator agrees to obtain any endorsement that may be necessary to effect this waiver of
subrogation. The Workers' Compensation policy and all liability policies shall be endorsed with a
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waiver of subrogation in favor of the Owner and USOPC for all work performed by the Operator,
its employees, agents and subcontractors.
Verification of Coverage
Operator shall furnish the Owner with original certificates and amendatory endorsements, or
copies of the applicable insurance language, effecting coverage required by this contract. All
certificates and endorsements are to be received and approved by the Owner before work
commences. However, failure to obtain the required documents prior to the work beginning shall
not waive the Operator's obligation to provide them. Owner reserves the right to require complete,
certified copies of all required insurance policies, including endorsements, required by th ese
specifications, at any time.
Subcontractors
Operator shall require and verify that all subcontractors maintain insurance meeting all the
requirements stated herein.
All policies, endorsements, certificates, and/or binders shall be subject to reasonable approval by
Owner as to form and content for purposes of confirming compliance with the requirements of this
Exhibit C and that the terms and conditions set forth therein are standard. These requirements are
subject to amendment or waiver only if so approved in writing by the Owner.
All insurance coverage provided for under this Exhibit C shall otherwise satisfy the general
requirements set forth in Sections 13(C), (D) and (E) of the Core Agreement.
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INSURANCE PROCURED BY OWNER
Owner shall procure, at Owner's sole cost and expense, the following insurance coverages and
ensure that they are in full force and effect on the Transfer Date and that they remain in full force
and effect thereafter throughout the Tenn:
A. Commercial General Liability Insurance: A commercial general liability
insurance policy on an occurrence basis including coverage for bodily injury,
premises-operations products-completed operations, blanket contractual liability,
personal injury, and broad form property damage, and including cross liability and
severability of interests, and provide at least a limit of $2,000,000 per occurrence
and a $5,000,000 general aggregate.
B. Property and Contents Insurance: Property and Contents Insurance in the form,
subject to the limits and covering the property set forth in Section l 3(B)(ii) of the
Core Agreement.
All insurance coverage that Owner is required to maintain under this Exhibit C shall be effected
by policies issued by insurance companies that are of good reputation and of sound and adequate
financial responsibility, having a Best's Rating of A-VIII, or better, or a comparable rating if Best's
ceases to publish its ratings or materially changes its rating standards or procedures.
Notwithstanding the foregoing, Owner may satisfy any and all of the requirements set forth in the
prior sentence by means of the Owner SIP, provided, however, Owner (i) agrees that the Owner
SIP will be maintained at Owner's sole cost and expense, and (ii) covenants that the Owner SIP
will pay all valid claims made against it for the insured matters covered by the Owner SIP.
REQUIREMENTS APPLICABLE TO ALL INSURANCE POLICIES
Each Party shall deliver to the other Party duplicate copies of certificates of insurance at the other
Party's request with respect to all of the policies of insurance procured pursuant to the requirements
of this Exhibit C.
Each policy of insurance maintained in accordance with this Exhibit C, to the extent obtainable,
shall specify that such policies shall not be cancelled or materially changed without at least thirty
(30) calendar days prior written notice to Owner, Operator and each mortgagee.
To the extent possible, each policy of insurance maintained in accordance with this Exhibit C
shall include a mutual waiver of subrogation.
All such policies of insurance shall be written on an "occurrence'' basis unless otherwise approved
in writing by both Parties.
Subject to the provisions of Article 15 of the Agreement, a lapse in any insurance coverage
required of Operator or Owner during this Agreement shall be a breach of this Agreement by the
Party who failed to carry the required insurance.
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EXHIBIT D
DRAFT ANNUAL BUSINESS PLAN
Operator will provide to Owner for review a Draft Annual Business Plan no later than October 1st
of each Fiscal Year. The proposed “Annual Business Plan” shall include the “Annual Operating
Budget”; “Annual Capital Budget”; and the Five-Year Capital Improvement Plan”.
The Annual Business Plan will include the following information:
1. Strengths, Weaknesses, Opportunities, and Threats (SWOT) Analysis for the
upcoming year.
2. Financial Recap of the prior year and projections for the upcoming year.
3. Organizational chart.
4. Priorities and Major Events and Opportunities for the upcoming year.
The Annual Operating Budget will include:
1. Operating Revenues by function (as an example, Housing, Events, Training, Food
Service, etc.)
2. Operating Expenses by function and then further into personnel, non-personnel.
a. Operator Fee must be shown.
b. Examples of function/category (Facility Operations, Food Service,
Housing, etc.)
3. Prior Year’s Revenue and Expenses
The Annual Capital Budget will include the following information:
1. Category
2. Identification of whether it is Major Repair or Capital Improvement
3. Location
4. Project Title
5. Project Purpose
6. Description
7. Estimated Cost/budget
The Five-Year Capital Improvement Plan will include the following for each project:
1. Category
2. Identification of whether it is Major Repair or Capital Improvement
3. Location
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4. Project Title
5. Project Purpose
6. Description
7. Estimated Cost/budget for the five-year period by project and in total
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EXHIBIT E
ARBITRATION PROCEDURE
ANY DISPUTE OR CONTROVERSY THAT RELATES TO THE AGREEMENT THAT
HAS NOT BEEN OTHERWISE RESOLVED PURSUANT TO ARTICLE 20 OF THE
AGREEMENT SHALL BE SUBMITTED TO AND SETTLED BY ARBITRATION BEFORE
THE AMERICAN ARBITRATION ASSOCIATION OR ITS SUCCESSOR (THE "SERVICE")
IN ACCORDANCE WITH THE USUAL RULES, REGULATIONS AND PROCEDURES OF
THE SERVICE APPLICABLE TO ANY COMMERCIAL DISPUTE OR CONTROVERSY
THEN IN EFFECT, SUBJECT TO THE FOLLOWING PROVISIONS:
(A) THE PARTY SEEKING ARBITRATION SHALL DELIVER A WRITTEN NOTICE OF
DEMAND TO RESOLVE DISPUTE (THE "DEMAND") TO THE OTHER PARTY TO SUCH
DISPUTE AND TO THE SERVICE. THE DEMAND SHALL INCLUDE A BRIEF STATEMENT
OF THE CONTROVERSY OR DISPUTE AND THE NAME OF THE SINGLE PROPOSED
RETIRED JUDGE OR ATTORNEY FROM THE SERVICE TO DECIDE THE DISPUTE
("ARBITRATOR"). WITHIN TEN (10) DAYS AFTER THE EFFECTIVE DATE OF THE
DEMAND, THE OTHER PARTY AGAINST WHOM A DEMAND IS MADE SHALL DELIVER
A WRITTEN RESPONSE TO THE DEMANDING PARTY AND THE SERVICE. SUCH
RESPONSE SHALL INCLUDE A BRIEF STATEMENT OF THE CONTROVERSY OR
DISPUTE, AND SHALL ALSO STATE WHETHER SUCH PARTY AGREES TO THE
ARBITRATOR CHOSEN BY THE DEMANDING PARTY. IN THE EVENT THE PARTIES
CANNOT AGREE UPON AN ARBITRATOR, THEN THE SERVICE SHALL SELECT AND
NAME A SINGLE ARBITRATOR TO CONDUCT THE HEARING. .
(B) THE LOCALE OF THE ARBITRATION SHALL BE IN ORANGE COUNTY,
CALIFORNIA, UNLESS OTHERWISE AGREED TO BY THE PARTIES IN WRITING.
(C) IN THE EVENT THE SERVICE IS NO LONGER IN BUSINESS AND THERE IS NO
COMPARABLE SUCCESSOR, THEN THE PARTIES SHALL AGREE UPON ANOTHER
ARBITRATOR. IF THE PARTIES CANNOT AGREE UPON ANOTHER ARBITRATOR, THEN
A SINGLE NEUTRAL ARBITRATOR SHALL BE APPOINTED PURSUANT TO SECTION
1281.6 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.
(D) THE ARBITRATOR'S POWERS SHALL BE LIMITED AS FOLLOWS:
(i) THE ARBITRATOR SHALL NOT CONSIDER ANYTHING OUTSIDE THE RECORD
UNLESS NOTICE IS GIVEN TO ALL PARTIES WITH THE OPPORTUNITY TO RESPOND
TO SUCH MATTERS, (ii)THE ARBITRATOR SHALL HAVE NO POWER TO MODIFY ANY
OF THE PROVISIONS OF ·THE AGREEMENT, (iii) THE ARBITRATOR SHALL · PREPARE
AND SERVE A WRITTEN DECISION WHICH DETERMINES THE DISPUTE,
CONTROVERSY, OR CLAIM AND WHICH DESIGNATES THE PARTY AGAINST WHOSE
POSITION THE DECISION IS RENDERED, AND (iv) JUDGMENT UPON THE AWARD
RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVINO
JURISDICTION THEREOF.
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4936-1221-3371 v2 5
(F) THE FEES CHARGED BY THE SERVICE SHALL BE D IVIDED EQUALLY
BETWEEN ALL OF THE PARTIES TO SUCH ARBITRATION PROCEEDING, PROVIDED,
HOWEVER, THAT SUCH COSTS, ALONG WITH ALL OTHER COSTS AND EXPENSES,
INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND/OR EXPERT WITNESS
FEES, SHALL BE SUBJECT TO AWA.RD, IN FULL OR IN PART, BY THE ARBITRATOR, IN
THE ARBITRATOR'S DISCRETION, TO THE PREVAILING PARTY. UNLESS THE
ARBITRATOR SO AWARDS ATTORNEYS' FEES, EACH PARTY SHALL BE RESPONSIBLE
FOR SUCH PARTY'S OWN ATTORNEYS' FEES AS WELL AS ALL OTHER COSTS AND
EXPENSES INCURRED BY SUCH PARTY RELATED TO THE ARBITRATION.
(G) TO THE EXTENT POSSIBLE, THE ARBITRATION HEARING SHALL BE
CONDUCTED ON CONSECUTIVE DAYS, EXCLUDING SATURDAYS, SUNDAYS AND
NON-BUSINESS DAYS, UNTIL THE COMPLETION OF THE PROCEEDING.
(H) IN CONNECTION WITH ANY ARBITRATION PROCEEDINGS COMMENCED
HEREUNDER, THE ARBITRATOR AND/OR ANY PARTY SHALL HAVE THE RIGHT TO
JOIN ANY THIRD PARTIES IN SUCH PROCEEDINGS IN ORDER TO RESOLVE ANY
OTHER DISPUTES, THE FACTS OF WHICH ARE RELATED TO THE MATTER
SUBMITTED FOR ARBITRATION HEREUNDER.
_______________________ ________________________
INITIALS OF OWNER INITIALS OF OPERATOR
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4936-1221-3371 v2 6
EXHIBIT F
PROPERTY FACILITIES
Boathouse
Lower Otay Lake access
London supercross track Beijing supercross track
Development BMX track
Supercross trails ·
BMX dirt park
Track and field complex: 400 meter track, eight long-jump pits, and two pole vault runways
Throwing field: eleven hammer and discus cages, four shot put rings, and two javelin
runways
Field hockey complex: turf field hockey pitch and video tower
Beach volleyball courts: includes six beach volleyball courts and nets
Tennis complex: two tennis courts and hitting wall
Cycling criterium: .9 mile cycling asphalt loop
AT&T Athlete Connections Center: athlete lounge area, includes televisions, gaming
devices, furniture, and all other items including in facility
Field #2, Field #3, Field #4: natural grass multi-purpose fields
Future multi-purpose field: natural grass multi.:purpose field
South field: natural grass multi-purpose field
Athlete check-in building
Dining hall
Visitor Center
Weight Room
Track and Field Office
Easton Facilities Cell towers
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4936-1221-3371 v2 7
EXHIBIT G
USPC CORE AGREEMENT
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EXHIBIT H
OWNER AGREEMENTS
United States Olympic and Paralympic Committee
Easton Archery
City of San Diego (Boathouse Lease)
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December 16, 2025 Post City Council Agenda
Agreement: Approve a Ten-
Year Facilities Operations
Agreement with Elite
Athlete Services to
Operate the Chula Vista
Elite Athlete Training
Center
December 16, 2025
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December 16, 2025 Post City Council Agenda
Council
Action
Requested
Adopt a resolution approving a facilities
operations agreement with Elite Athlete
Services,LLC for the operations of the
Chula Vista Elite Athlete Training Center.
Recommended Action
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December 16, 2025 Post City Council Agenda
Background
•Opened in 1995 as the former U.S.
Olympic Training Center
•Ownership transferred to the City of
Chula Vista in 2016
•The City entered into a Facility
Operations Agreement with Elite
Athlete Services, LLC (EAS) in 2016
•Since then, EAS has operated the
facility as a training destination
for:
•Elite, Olympic, and Paralympic athletes
•National governing bodies and
international teams
•EAS has also expanded sports tenants,
athlete development programs, and
community engagement through events,
tours, and school partnerships
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December 16, 2025 Post City Council Agenda
CVEATC would be
6th in the world
in medal count
over last 2
Summer Olympics!
F
4th of July
DroneArt Show
5k's
Learn to Row
Program
San Diego FC
FC Nordsjaelland
Columbus Crew
Tigres
14 Universities
Internship
Program
Innovation
Station
OLYMPIC SUCCESS COMMUNITY PROFESSIONAL
TEAMS
DEVELOPING THE
NEXT GENERATION
Achievements: 2017-2025
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December 16, 2025 Post City Council Agenda
By the Numbers
HEALTH AND
WELLNESS10,000+
athletes
trained every year
297
beds
1,000
meals per day
MEDAL COUNT
SERVING COMMUNITY GROUPS
CAMPUS OVERVIEW
155
acres
30
acres undeveloped
20
individual sports
16
sport specific
facilities
24/7
dining hall
300
athletes every
day
98
Tokyo Olympics
92
Paris Olympics
6th
CVEATC as a Nation
in the last 2
Olympics
50,000
individuals
20+
organizations
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World Events
►2026 FIFA Men's World Cup
►2028 LA Summer Games
►2029 Invictus Games (currently in bid
stage)
►2031 Rugby World Cup (Men's)
►2031 FIFA Women's World Cup
►2033 Rugby World Cup (Women's)
►2034 Salt Lake City Winter Olympics
Vision: 2026-2032
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US Rowing Olympic
Trials
Home of Team USA
NGB's
Home of all Team
Canada NGB's
San Diego 1 of 6
finalist cities
to host 2029
Games
Potential
training & events
at CVEATC
Potential for
matches at
Snapdragon
CVEATC as
training site for
multiple
countries
Opportunities to
develop revenue-
generating
facilities
LA2028 Invictus Games 2031 & 2033
Rugby World Cups Master Plan
Vision: 2026-2032
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December 16, 2025 Post City Council Agenda
Proposed Facility Operations Agreement
•Establishes a framework for:
•Facility master planning
•Clear operational roles and
responsibilities
•Long-term stability and
effective management
•Supports the long-term vision
of the Chula Vista Elite
Athlete Training Center as a
world-class training facility
Page 421 of 439
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December 16, 2025 Post City Council Agenda
Key Terms of the Proposed Agreement
•Ten-year term with option to
renew by mutual agreement
•EAS responsible for:
•Day-to-day operations
•Facility maintenance
•Marketing and event programming
•Annual City review and approval
of:
•Business Plan
•Operating Budget
•Capital Budget
•Five-Year Capital Improvement
Plan
Page 422 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Key Terms of the Proposed Agreement
•Financial terms:
•$500,000 annual operator fee,
paid from facility revenues
•EAS receives a portion of Net
Operating Revenues
•Remaining revenues directed to
Capital Improvement Projects
•EAS reimburses the City for
CVEATC-related insurance and
property taxes
Page 423 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Fiscal Impacts
•Cell tower lease revenues
offset CVEATC insurance
and property taxes
•EAS reimburses the City if
revenues are insufficient
•Prior structure required
City payment and revenue
sharing
•All property-related costs
now fully offset
•Net fiscal benefit:
~$157,000 annually
Page 424 of 439
City of Chula Vista - City Council
December 16, 2025 Post City Council Agenda
Council
Action
Requested
Adopt a resolution approving a facilities
operations agreement with Elite Athlete
Services, LLC for the operations of the
Chula Vista Elite Athlete Training Center.
Recommended Action
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