HomeMy WebLinkAbout FULL PACKET_2010-07-06 MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
JUNE 21, 2010
CLOSED SESSION MEETING
CALLED TO ORDER POLICE CHIEF'S CONFERENCE ROOM
60 CIVIC CENTER PLAZA
SANTA ANA, CA
5:16 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tem
P. DAVID BENAVIDES (5:22 P.M.)
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
STAFF Present:
DAVID N. REAM, City Manager
JOSEPH FLETCHER, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS -None
CLOSED SESSION ITEMS
1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
pursuant to Government Code Section 54956.9(a)
Phuong Nguyen vs. City of Santa Ana, WCAB Case Numbers
ADJ4046217, ADJ3575073, and ADJ4278270.
1 B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government
Code Section 54957.6
Agency Negotiators: Personnel Services Executive Director,
Kathie Gonzalez
Employee Organizations: Santa Ana Service Employees International
Union (SEIU)
CITY COUNCIL MINUTES 1 JUNE 21, 2010
10A-1
Santa Ana Management Association
Santa Ana Firemen's Benevolent Association
Santa Ana Police Officer's Association
Santa Ana Police Management Association
Santa Ana Fire Management Association
Confidential Association of Santa Ana
ADJOURNED 6:35 P.M.
CITY COUNCIL MINUTES 2 JUNE 21, 2010
10A-2
REGULAR CITY COUNCIL MEETING
CALLED TO ORDER POLICE COMMUNITY CENTER
60 CIVIC CENTER PLAZA
SANTA ANA, CA
6:37 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tem
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
STAFF Present:
DAVID N. REAM, City Manager
JOSEPH FLETCHER, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PLEDGE OF ALLEGIANCE MAYOR PULIDO
CLOSED SESSION REPORT -City Attorney Fletcher provided a report. Refer to
Consent Calendar Item 19A.
AGENDA ITEMS TAKEN OUT OF ORDER
COUNCIL RECESSED TO A JOINT SESSION BETWEEN CITY COUNCIL AND
COMMUNITY REDEVELOPMENT AGENCY MEETING AT 6:37 P.M.
80A JOINT SESSION OF THE CITY COUNCIL AND COMMUNITY
REDEVELOPMENT AGENCY -APPROVING FISCAL YEAR 2010-2011
COMMUNITY REDEVELOPMENT AGENCY BUDGET AND SECOND
AMENDED AGREEMENT BETWEEN CITY/AGENCY FOR FINANCIAL
AND OPERATING SERVICES -Community Redevelopment Agency
CITY COUNCIL ACTION
MOTION: Authorize the City Manager and Clerk of the Council to
execute a second amended agreement, subject to non-substantive
changes approved by the City Manager and City Attorney.
CITY COUNCIL MINUTES 3 JUNE 21, 2010
10A-3
AGMT NO. 2010-094 -Between the City of Santa Ana and the Community
Redevelopment Agency for financial and operating services
COMMUNITY REDEVELOPMENT AGENCY ACTION
MOTION: Adopt resolution.
1. Adopt a resolution.
CRA RESOLUTION NO. 2010-002 - A RESOLUTION OF THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
SANTA ANA ADOPTING THE FISCAL YEAR 2010-2011 BUDGET
2. Authorize the Executive Director and Agency Secretary to execute
a second amended agreement, subject to non-substantive
changes approved by the Executive Director and Agency General
Counsel.
AGMT -Between the Community Redevelopment Agency and the City
of Santa Ana for financial and operating services
MOTION: Martinez SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
ADJOURNED JOINT MEETING AND CONVENED THE COMMUNITY
REDEVELOPMENT AGENCY MEETING AT 6:37 P.M.
CITY COUNCIL MEETING RECONVENED AT 6:38 P.M. WITH ALL MEMBERS
PRESENT
Mayor Pulido noted for the record that item 11 B was a second reading of an ordinance in
which he, Mayor Pro Tem Alvarez, and Councilmember Sarmiento had conflicts of
interests and left the meeting at 6:38 p.m. Mayor Pulido turned over the Chairmanship
to Councilmember Bustamante (selected Chair at the June 7, 2010 City Council
meeting to preside over meeting where mayor and mayor pro tem are unavailable).
CITY COUNCIL MINUTES 4 JUNE 21, 2010
10A-4
CONSENT CALENDAR ITEMS
• Public Speakers on Item 11 B.
MOTION; Approve staff recommendations on Consent Calendar Items 10A
through 29A.
MOTION: Tinajero SECOND: Benavides
VOTE: AYES: Benavides, Bustamante, Martinez, Tinajero, (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Alvarez, Sarmiento, Pulido (3)
ADMINISTRATIVE MATTERS
MINUTES
10A MINUTES OF THE SPECIAL CLOSED AND REGULAR MEETING OF
JUNE 7, 2010 -Clerk of the Council Office
MOTION; Approve Minutes.
10B MINUTES OF THE SPECIAL CLOSED MEETING OF JUNE 11, 2010 -
Clerk of the Council Office
MOTION; Approve Minutes.
10C MINUTES OF THE SPECIAL CLOSED MEETING OF JUNE 15, 2010 -
Clerk of the Council Office
MOTION; Approve Minutes.
ORDINANCES/SECOND READING
In the event a Councilmember recorded an "abstention" before consideration of the following
ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading
CITY COUNCIL MINUTES 5 JUNE 21, 2010
10A-5
11A FISCAL YEAR 2010-2011 -CITY BUDGET -Finance & Management
Services
Placed on first reading at the June 7, 2010 City Council meeting and
approved by a vote of 7-0.
Published in the Orange County Reporter on June 11, 2010.
' MOTION:
1. Place ordinance on second reading and adopt.
ORDINANCE NO. NS-2805 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES
TO THE SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF
THE CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2010
2. Amend Resolution No. 2010-023, FY 2010-2011 Miscellaneous Fee
Schedule (Other Special Fees section) to reduce the Adult Soccer
Reservation Surcharge from $28.18 per game by 50% to $14 per
game.
116 ZONING ORDINANCE AMENDMENT NO. 2010-01; AMENDMENT
APPLICATION NO. 2005-09 (TRANSIT ZONING CODE)
Placed on first reading at the June 7, 2010 City Council meeting and
approved by a vote of 4-0 (absent: Alvarez, Pulido, and Sarmiento).
Published in the Orange County Reporter on June 11, 2010.
The following speakers urged Council to sign the the Community Benefits
Agreement: Eddie Carmona; Eric Altman; Ana Carricchi; and Cesar
Covarrubias.
MOTION: Place ordinances on second reading and adopt.
• ORDINANCE NO. NS-2803 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE
SANTA ANA MUNICIPAL CODE REGARDING TIME LIMITS FOR
SPECIFIC DEVELOPMENT PLAN, MODIFICATION OF THE
APPROVAL OF OVERLAY ZONE SITE PLANS, NONCONFORMING
USE, AND REPEALING THE C3 AND C3-A ZONES (ZOA 2010-01)
• ORDINANCE NO. NS-2804 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA ADOPTING TRANSIT ZONING CODE
SPECIFIC DEVELOPMENT DISTRICT (SD-84); ADOPTING THE M1
OVERLAY ZONE; ADOPTING THE M2 OVERLAY ZONE; REZONING
CITY COUNCIL MINUTES 6 JUNE 21, 2010
10A-6
THE PROPERTY LOCATED AT CERTAIN REAL PROPERTY IN THE
CENTRAL URBAN CORE OF SANTA ANA FROM VARIOUS ZONES
TO TRANSIT ZONING CODE SPECIFIC DEVELOPMENT DISTRICT
(SD-84), M1 OVERLAY ZONE AND M2 OVERLAY ZONE; AND
REPEALING SPECIFIC DEVELOPMENT NOS. 30, 37, 47, 71 AND
AMENDING THE HEIGHT EXEMPTION AREAS MAP (AA NO. 2005-
09)
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT -City Attorney's Office
MOTION: Approve Compromise and Release for $35,000.00 to settle all
open claims, of Phuong Nguyen vs. City of Santa Ana, WCAB Case
Numbers ADJ4046217, ADJ3575073, and ADJ4278270.
19B EXCUSED ABSENCES - -None
BUDGETARY MATTERS
SPECIFICATIONS -PURCHASE OF EQUIPMENT AND SERVICES
MOTION: Award in accordance with Request for Council Action.
(Items 22A and 22B)
22A SPEC. NO. 10-019 - TRAFFIC SIGNAL SYSTEMS UPGRADE
EQUIPMENT (Public Works Agency) -Finance & Management Services
MOTION:
1. Award a contract to Safetran Traffic Systems, Inc. for traffic signal
cabinet assemblies in an amount not to exceed $192,500.
2. Award a contract to Econolite Control Products, Inc. for
controllers and software in an amount not to exceed $463,000.
3. Award a contract to GDI Communications LLC for internal and
rack mount modems in an amount not to exceed $98,000.
22B SPEC. NO. 10-024 - DELL COMPUTERS - Award a contract to Dell
Computer Corporation in an amount not exceed $61,000 (Parks,
CITY COUNCIL MINUTES 7 JUNE 21, 2010
10A-7
Recreation & Community Services Agency) -Finance & Management
Services
PROJECTS/CHANGE ORDERS
23A INCREASED CONTINGENCIES FOR MID-CITY NEIGHBORHOOD AND
EDINGER AVENUE IMPROVEMENTS (PROJECT NOS. 107554 AND
077577) AND RESIDENTIAL STREET REPAIR -PHASE 12 (PROJECT
NO. 106718)
MOTION:
1. Increase the contingency for the contract with All American
Asphalt for the Mid-City Neighborhood Improvements and
Edinger Avenue Improvements project by $400,000 to a total
estimated contract amount of $2,032,723 and approve a
supplemental agreement for $400,000 with All American Asphalt
for the additional work.
2. Increase the contingency for the contract with All American
Asphalt for the Residential Street Repair-Phase 12 project by
$320,000 to a total estimated contract amount of $3,542,115.
23B CONTRACT AWARD FOR DYER ROAD AND GRAND AVENUE
INTERSECTION WIDENING (PROJECT NO. 091751) -Public Works
Agency
MOTION:
1. Award a contract to All American Asphalt, the lowest responsible
bidder, in accordance with unit bid prices in the estimated
amount of $721,180 for construction of the Dyer Road and Grand
Avenue intersection widening.
2. Approve a Funding Analysis with a total estimated construction
cost of $871,000.
23C CONTRACT AWARD FOR ADAMS PARK BASKETBALL COURT
RENOVATION (PROJECT NO. 107504) -Public Works Agency; Parks,
Recreation & Community Services Agency; Community Development
Agency
MOTION:
CITY COUNCIL MINUTES g JUNE 21, 2010
i
10A-8
1. Award a contract to Caliber Paving Company, Inc., the lowest
responsible bidder, in accordance with unit bid prices in the
estimated amount of $66,595 for construction of Adams Park
Basketball Court Renovation.
2. Approve a Funding Analysis with a total estimated construction
cost of $133,930.
23D CONTRACT AWARD FOR TRAFFIC SIGNAL SYSTEM UPGRADES -
PHASES 5, 6, 7, AND 8 (PROJECT NOS. 106712, 106713, 106714, AND
106715) -Public Works Agency,
MOTION:
1. Award a contract to California Professional Engineering, Inc., the
lowest responsible bidder, in accordance with unit bid prices for
the base bid plus add-on alternates one, two, three, and four in
the estimated amount of $262,836 for construction of Traffic
Signal System Upgrades-Phases 5, 6, 7, and 8.
2. Approve a Funding Analysis with a total estimated construction
cost of $354,700.
23E CONTRACT AWARD FOR WEST PUMP STATION FACILITIES
UPGRADE (PROJECT NO. 053195) -Public Works Agency
MOTION:
1. Award a contract to F. T. Ziebarth Company, the lowest
responsible bidder, in accordance with unit bid prices in the
estimated amount of $1,717,000 for construction of the West
Pump Station Facilities Upgrade.
2. Approve a Funding Analysis with a total estimated construction
cost of $2,146,200.
AGREEMENTS
MOTION: Authorize the City Manager and Clerk of the Council to
execute the following agreements, subject to non-substantive
changes approved by the City Manager and City Attorney. (Item 25A
through 25K)
25A AGMT NO. 2010-095 - INFORMATION TECHNOLOGY AND
COMPUTER SUPPORT SERVICES - Execute an amendment with
CITY COUNCIL MINUTES 9 JUNE 21, 2010
10A-9
Sapphire Technologies in a fiscal year amount not to exceed $192,000 -
Fire Department
25B AGMT NO. 2010-096 -LIBRARY AUTOMATION SYSTEM SERVICE
AND SUPPORT -Execute an amendment with The Library Corporation,
Inc. in an amount not to exceed $31,307 -Parks, Recreation & Community
Services Agency
25C AGMT NO. 2010-097 -UPGRADE THE SYNTHETIC TURF SPORTS
FIELD AT SANTA ANA STADIUM -With Field Turf Inc. in the amount of
$125,000 -Parks, Recreation & Community Services Agency
25D MAINTENANCE OF CITY PARKS -Parks, Recreation & Community
Services Agency
• AGMT NO. 2010-098 -Amendment with Merchants Landscape
Services to provide landscape maintenance services in Park
Maintenance District 2, in an amount not to exceed $756,351
• AGMT NO. 2010-099 -Amendment with Master Landscape and
Maintenance to provide landscape maintenance services in Park
Maintenance District 4, in an amount not to exceed $666,310
25E AGMT NO. 2010-100 - GEOFILE DATASET MAINTENANCE -Execute
an amendment with GIS Data Resources, Inc. in an aggregate amount not
to exceed $52,500 -Fire Department
25F AGMT NO. 2010-101 -TEMPORARY ENGINEERING AND TECHNICAL
SUPPORT SERVICES -Execute an amendment with PDS Technical
Services, increasing compensation by $112,500 for a total agreement
amount not to exceed $562,500 -Public Works Agency
25G AGMT NO. 2010-102 -STREET TREE MAINTENANCE SERVICES -
Execute an amendment for one year with West Coast Arborists, Inc. in an
amount not to exceed $865,350 for FY 2010-2011 -Public Works Agency
25H AGMT NO. 2010-103 - LANDSCAPING SERVICES - Execute an
amendment with Midori Gardens Inc. extending the current agreement
through the 2010-2011 fiscal year, for a total annual contract amount not
to exceed $850,000 -Public Works Agency
CITY COUNCIL MINUTES 10 JUNE 21, 2010
10A-10
251 AGMT NO. 2010-104 -DIGITAL WATER MAPPING SERVICES -Execute
an amendment with iWater, Inc. for an amount not to exceed $189,000 -
Public Works Agency
25J AGMT NO. 2010-105 -BRISTOL STREET CORRIDOR (PROJECT NO.
08-1700) -Execute an acquisition settlement agreement with ACME Bail
Bonds in the amount of $45,000 -Public Works Agency
25K AGMT NO. 2010-106 - REDLIGHT PHOTO ENFORCEMENT SYSTEM -
Execute an amendment with Redflex Traffic Systems, Inc. - Police
Department
Continued from the June 7, 2010 City Council meeting by a vote of 7-0.
25L COMMUNITY DEVELOPMENT BLOCK GRANT AMENDMENT AND
AWARD FOR SENIOR SERVICES -Community Development Agency
MOTION:
1. Amend the Fiscal Year 2010-2011 Community Development Block
Grant program to increase the Parks, Recreations and Community
Services Agency allocation by $2,500 from FY 2009-10
unexpended funds for a total allocation of $58,500.
2. Authorize the City Manager and the Clerk of the Council to
execute asub-recipient agreement, subject to non-substantive
changes approved by the City Manager and City Attorney.
AGMT NO. 2010-107 -With Community SeniorServ, Inc. in the amount
of $58,500
MISCELLANEOUS -BUDGET
29A INSURANCE RENEWALS -Personnel Services Agency
MOTION:
1. Approve the City's continued membership in the Big Independent
Cities Excess Pool from July 1, 2010 to July 1, 2011 at an
estimated premium cost not to exceed $1,450,000.
CITY COUNCIL MINUTES 11 JUNE 21, 2010
10A-11
2. Approve the City's continued participation in the Public Entity
Property Insurance Program from July 1, 2010 to July 1, 2011 at
an estimated premium cost not to exceed $370,000.
**END OF CONSENT CALENDAR**
AGENDA ITEM TAKEN OUT OF ORDER
PUBLIC COMMENTS -None
BUSINESS CALENDAR
RESOLUTIONS
55A NOVEMBER 2, 2010 GENERAL MUNICIPAL ELECTION -Clerk of the
Council Office
MOTION: Adopt resolutions.
• RESOLUTION NO. 2010-020 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA CALLING FOR AND
GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE
HELD IN THE CITY OF SANTA ANA ON NOVEMBER 2, 2010 FOR
THE ELECTION OF CERTAIN OFFICERS, AND REQUESTING THE
BOARD OF SUPERVISORS OF ORANGE COUNTY TO
CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE
STATE'S GENERAL ELECTION
• RESOLUTION NO. 2010-021 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A
SYSTEM FOR CANDIDATES WHOSE STATEMENTS ARE
SUBMITTED TO THE ELECTORATE IN THE 2010 GENERAL
ELECTION TO PAY THE PRO RATA SHARE OF THE COST OF
INCLUSION OF THEIR STATEMENT IN VOTER PAMPHLETS
MOTION: Tinajero SECOND: Martinez
VOTE: AYES: Benavides, Bustamante, Martinez, Tinajero, (4)
NOES: None (0)
ABSTAIN: None (0)
CITY COUNCIL MINUTES 12 JUNE 21, 2010
10A-12
ABSENT: Alvarez, Sarmiento, Pulido (3)
55B ANNUAL STATEMENT OF INVESTMENT POLICY - Finance &
Management Services
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2010-022 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING THE CITY'S
STATEMENT OF INVESTMENT POLICY
2. Receive and file the Annual Statement of Investment Policy.
MOTION: Benavides SECOND: Tinajero
VOTE: AYES: Benavides, Bustamante, Martinez, Tinajero, (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Alvarez, Sarmiento, Pulido (3)
55C STATUS OF THE CIRCULATION ELEMENT AND PAVEMENT
MANAGEMENT PROGRAM FOR THE CITY OF SANTA ANA -Public
Works Agency
MOTION: Adopt resolutions.
• RESOLUTION NO. 2010-023 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AFFIRMING
CONSISTENCY BETWEEN THE CIRCULATION ELEMENT AND THE
MASTER PLAN OF ARTERIAL HIGHWAYS
• RESOLUTION NO. 2010-024 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THAT ITS
PAVEMENT MANAGEMENT PLAN CONFORMS TO ORANGE
COUNTY TRANSPORTATION AUTHORITY REQUIREMENTS
MOTION: Benavides SECOND: Martinez
VOTE: AYES: Benavides, Bustamante, Martinez, Tinajero, (4)
CITY COUNCIL MINUTES 13 JUNE 21, 2010
10A-13
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Alvarez, Sarmiento, Pulido (3)
55D TRANSPORTATION ENHANCEMENT PROGRAM GRANT - Public
Works Agency
Council commented projects.
MOTION: Adopt a resolution.
RESOLUTION NO. 2010-025 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING APPLICATION FOR
PROJECT FUNDING THROUGH THE TRANSPORTATION
ENHANCEMENT (TE) PROGRAM ADMINISTERED BY THE ORANGE
COUNTY TRANSPORTATION AUTHORITY
MOTION: Benavides SECOND: Tinajero
VOTE: AYES: Benavides, Bustamante, Martinez, Tinajero, (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Alvarez, Sarmiento, Pulido (3)
WORK STUDY SESSION
WSA LIBRARY TEENSPACE - A CIRCLE OF MENTORING - Parks,
Recreation and Community Services Agency
COMMENTS
PUBLIC COMMENTS -None
90A CITY MANAGER'S COMMENTS
CITY COUNCIL MINUTES 14 JUNE 21, 2010
10A-14
City Manager David Ream noted that partnership with the Santa Ana
Unified School District was high priority in continuing to address library
and other related issues.
90B CITY COUNCILMEMBER COMMENTS
Councilmember Martinez:
• Access Broadway is active organization working with Step-Up
Foundation to send young adults to Washington DC -seeking
additional funding -help support by calling 714 245-6720;
• 60 youth to be hired over the summer for Summer Youth Program
through the City of Santa Ana;
• Station District received final approval tonight -historic event;
• July 24th will have Bike Ride -encouraged all to attend; and
• Happy belated Father's Day.
Councilmember Benavides:
• Neighborhood associations being recognized on June 24th through
Neighborhood Heroes Awards Ceremony;
• June 27th TKO will host annual fundraiser at Original Mike's;
• Station District will produce over 100 new and dignified living spaces;
and
• Asked staff to schedule council meetings where accessible to the
public.
Councilmember Bustamante:
• Historic moment for City with passage of final vote on Station District
item; and
• Adjourned in Memory of Evalene Pulati and Kenny Stiles.
ADJOURNED - 7:40 p.m. -The next meeting of the City Council is scheduled for
Tuesday, July 6, 2010 at 5:00 p.m. for the Closed Session Meeting
immediately followed by the Regular Business Meeting in the
Council Chamber, 22 Civic Center Plaza, Santa Ana, California.
Adjourn In Memory of
Evalene Pulati
and
Kenny Stiles
Maria D. Huizar,
Clerk of the Council
CITY COUNCIL MINUTES 15 JUNE 21, 2010
10A-15
10A-16
MINUTES OF THE SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
JUNE 23, 2010
CLOSED SESSION MEETING
CALLED TO ORDER CITY HALL
20 CIVIC CENTER PLAZA, ROOM 831
SANTA ANA, CA
7:17 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tem
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
VINCENT F. SARMIENTO
ABSENT:
SAL TINAJERO
MICHELE MARTINEZ
STAFF Present:
DAVID N. REAM, City Manager
JOSEPH FLETCHER, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS -None
CLOSED SESSION CALENDAR
1A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6
Agency Negotiators: Personnel Services Executive Director, Kathie
Gonzalez
Employee Organizations: Santa Ana Service Employees International Union
(SEIU)
Santa Ana Management Association
Santa Ana Firemen's Benevolent Association
Santa Ana Police Officer's Association
SPECIAL MEETING MINUTES 1 JUNE 23, 2010
10B-1
Santa Ana Police Management Association
Santa Ana Fire Management Association
Confidential Association of Santa Ana
ADJOURNED 9:37 P.M.
Maria D. Huizar,
Clerk of the Council
SPECIAL MEETING MINUTES 2 JUNE 23, 2010
10B-2
REQUEST FOR _
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
? As Recommended
DESTRUCTION OF ? As Amended
? Ordinance on 1 S` Reading
OBSOLETE CITY RECORDS ? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
CI Y MANAGER
RECOMMENDED ACTION
Approve the requests for the destruction of obsolete records from various City departments in
accordance with the retention schedule outlined in City Council Resolution 2006-045.
DISCUSSION
On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for
the agencies, departments, and offices of the City. City records are governed by the Public
Records Act which provides the time in which records need to be kept. The Citywide Records
Team compiled the Citywide Records Retention Schedule which sets forth the retention period for
a particular record. The Municipal Code requires that the destruction of a City record be approved
by the City Attorney.
In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City
Attorney has approved the list of records proposed for destruction from the departments as
outlined in the attached documents.
FISCAL IMPACT
There is no fiscal impact associated with this item.
19C-1
o.~ 5
-
MEMORANDUM
To: Laura Sheedy, Assistant City Attorney
City Attorney's Office
From: Mark Lawrence, Executive Assistant to the City Manager
Date: July 6, 2010
Re: REQUEST FOR DESTRUCTION OF RECORDS
The City Manager's Office requests your consent to destroy city records on the attached listing,
in accordance with the retention schedule outlined in City Council Resolution 2006-045.
Thank you.
19C-2
CITY OF SANTA ANA
OBSOLETE RECORDS DESTRUCTION SCHEDULE
CITY MANAGER'S OFFICE
2010
RECORD RECORD RECORD EXPIRATION
CATEGORY SERIES DESCRIPTION DATES
Chronological Files Staff Memoranda and Correspondence July 1, 2008
and prior
Correspondence/ July 1, 2008
Chronological Files and prior
Councilmember Self-explanatory
Council Requests Mayor Inquiries processed for Mayor July 1, 2008
and prior
Wards 1 through 6 Inquiries processed for Councilmembers July 1, 2008
and prior
Correspondence General Correspondence Self-explanatory July 1, 2008
and prior
Staff Inquiries processed for Staff July 1, 2008
and prior
Monthly Status City Manager Self-explanatory July 1, 2008
Reports and prior
Payroll Records Council/Staff Self-explanatory July 1, 2008
and prior
July 1, 2008
Travel Folders Council/Staff Self-explanatory and prior
APPROV ~ CONSENT:
"l ~ ~ ~ -
David N. Ream Date oseph W. Fletche Date
City Manager City Attorney
RECORDS DESTROYED: AUDITED BY:
Volume Weight Mark Lawrence Date
in Cubic Feet in Pounds Assistant to the City Manager
19C-3
MEMORANDUM
Joseph Fletcher ~:r
To: City Attorney Date: June 14~-20~ ~ ~ ~ 9• r ~
Raul Godinez ~~1 CLEF:,-; AF~A
From: Executive Director, PWA ~ ~
Subject: REQUEST FOR DESTRUCTION OF RECORDS
The Public Works Agency requests your consent to destroy city records on the attached
listing, in accordance with retention schedule outlined in City Council Resolution 2006-045
Please review this report and return a signed and dated copy of the attached pages
approving the destruction of these records.
Attachment
Cc: Taig Higgins, Principal Civil Engineer
19C-4
2010 Destruction of PWA Project Files
RECORD RECORD RECORD DESCRIPTION RECORD START RETENTIO
CATEGORY SERIES DATE / N PERIOD
RETENTION
PERIOD
Development Development Public Works requirements of Completion of
Engineering Projects approval for private Project or
Folder development projects and site Expiration of 2004 & Prior
plans. Includes copy of bond Development
release letter Agreement,
whichever is later /
5 ears
Development Certificate of Proof of Liability insurance Date Received /
Engineering Insurance and endorsement Project completion 2000 & Prior
+ 10 years
Development Street Work and Encroachment Permits Date Issued / 5
Engineering Utility Permits years 2004 & Prior
Development Transportation/ Oversized Vehicles Date Issued / 3
Engineering Wide Load years June 1,
Permits 2001 & Prior
~0`~ ~ ~ r~ ~ ~~b
I Raul Godinez Date
Executive Directo
Public Works Agency
DESTRUCTION OF THESE RECORDS APPROVED BY:
\ ~ ~ e~ r
J seph letcher Date
City Attorney
DESTRUCTION OF THESE RECORDS VERIFIED BY:
Taig Higgins Date
Principal Civil Engineer
19C-5
~I
19C-6
REQUEST FOR m~ vW:,
COUNCIL ACTION ,
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
? As Recommended
CONTRACT AWARD FOR ? As Amended
HP SERVERS & STORAGE ordinance on 2nd Read ng
(SPEC. NO. 10-022) ? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
f ~ ~i~-~°`~"- FILE NUMBER
CITY ANAGER
RECOMMENDED ACTION
1. Award a contract to GST, Inc., for the purchase of servers in an amount not exceed
$37,100.
2. Award a contract to Nth Generation Computing, Inc., for the purchase of storage in an
amount not exceed $40,100.
DISCUSSION
The Santa Ana Police Department Data Center and the City Hall Data Center, currently have 139
physical computer servers in operation. These servers host 84 departmental applications, six
enterprise applications and 34 City wide computer infrastructure services. Five of these servers
in the City Hall Data Center and three of the servers in the SAPD Data Center have reached the
manufacturer's end-of-life. The Information Services' Data Center Support Team recommends
the replacement of these eight servers for reasons of reliability [the servers are more given to
incidents of component failure]; serviceability [new replacement parts are more and more difficult
to obtain after servers reach end-of-life]; energy efficiency [replacement equipment is
significantly more power and cooling efficient, both of which would result in lower operating
costs]; processing power [replacement devices employ the latest technology which provides
dynamically higher performance to cost ratios]. The Data Center Support Team's practice is to
operate computer servers for 5+ years before replacement. The reliability and the performance
of the City's computing environment will be improved and made more reliable with the acquisition
of these requested computer servers.
22A-1 ~
Contract Award for HP Servers
July 6, 2010
Page 2
A project is underway in the City Hall Data Center to convert selected physical computer servers
to virtual computer servers. This technology enables one physical server to act like multiple
servers, so called virtual servers. By using virtual technology, the City will save on future physical
replacement costs and annual maintenance costs. Part of this virtualization project is to use a
shared storage for the virtual servers. An incremental approach to providing the shared storage
is being employed. Rather than one big purchase of shared storage, smaller modular increments
of storage are to be acquired on an as needed basis. To date some 30 plus servers have been
converted to virtual servers. For the next project phase, additional shared storage is required and
is recommended for purchase as part of this RFCA. The shared storage would be sufficient to
support another 40 virtual servers in the City Hall Data Center.
The Santa Ana Ordinance No. NS-2312 authorizes the City to purchase against contracts from
any public agency utilizing a competitive bid process. The Western States Contracting Alliance
(WSCA) establishes California Multi-State Cooperative Agreements for Commodities, IT Goods
and Services, and Telecommunication Goods and Services. WSCA agreements are available to
all State of California governmental entities that expend public funds for the acquisition of both
goods and services. Both Nth Generation Computing, Inc. and GST, Inc. are value added re-
sellers offering WSCA pricing.
FISCAL IMPACT
Funds are available for these purchases in the Technology Plan Miscellaneous Citywide Projects
account (no. 10910146-66400 and 62300).
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
22A-2
REQUEST FOR
COUNCIL ACTION j
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
? As Recommended
CONTRACT AWARD FOR AMICRO- ? As Amended
? Ordinance on 15' Reading
WAVE BASED NETWORK SYSTEM ? Ordinance on 2"d Reading
(SPEC. NO. 10-025) ? Implementing Resolution
? Set Public Nearing For
CONTINUED TO
U
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Award a contract to Pacific Services for the purchase of micro-wave based network system
including installation and maintenance support, in an amount not to exceed $40,200.
DISCUSSION
A wireless optical laser system is used to connect the City's computer network between the Data
Center in City Hall and Fire Station 5. This network link provides critical connections for Fire
Dispatch and Fire Operations. While the system has proven very effective in the past, the
equipment has been in place since 2002 and is now several years beyond its manufacturer's
predicted useful life. Performance diagnostics were recently performed and revealed that the
transmission power has deteriorated significantly and is continuing to do so. This means that the
laser system could become unreliable in the future. An exact duplicate laser system serving the
network link between City Hall and the Police Admin Building was replaced in May of this year
after similar symptoms of system deterioration and now performs the transmission of power at
optimal speed and strength required.
Pacific Services initiated the installation of this micro-waved based system in November 2009
between City Hall and the Corporate Yard. Its enhanced capacity and capabilities will meet the
Fire Department's needs now and into the future. This system is based on millimeter-wave
technology and provides significantly broader bandwidth capability than the existing link. Pacific
Services has been identified as the vendor for the City's replacement of computer network linking
connectivity systems. The Information Services Division (ISD) recommends the purchase and
installation of a BridgeWave 60GHz AR60AES high-bandwidth digital link from Pacific Services.
22B-1
Contract Award for Microwave Based Network System
July 6, 2010
Page 2
FISCAL IMPACT
Funds are available in the Finance Information Systems Strategic Plan Miscellaneous Citywide
Projects accounts (no. 10910146-66400, 62300 and 63001).
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
22B-2
REQUEST FOR @
COUNCIL ACTION : JT~
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
? As Recommended
CONTRACT RENEWAL FOR TRAFFIC ? As Amended
? Ordinance on 15f Reading
SIGNS AND RELATED HARDWARE ? Ordinance on 2"d Reading
(SPEC. N0.07-064) ? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Renew the contract with Zumar Industries, Inc. for traffic signs and related hardware for cone-year
period in an annual amount not to exceed $65,000.
DISCUSSION
The Public Works Agency maintains a wide array of traffic and street name signs throughout the City.
In each of the past two years, approximately 2,750 signs were replaced or repaired, requiring the
installation of various sized posts and mounting hardware. The materials necessary for ongoing sign
maintenance operations are purchased through the Central Stores warehouse for distribution to
Public Works Agency.
On August 6, 2007, the City Council awarded a contract to Zumar Industries, Inc. for aone-year
period, with provisions for three, one-year renewals. The vendor has performed satisfactorily during
the past contract period and has agreed to renew the contract without an increase in pricing. Staff
recommends the final renewal of the contract. The annual amount is based upon past usage and
staff's projection for the next year.
FISCAL IMPACT
Funds will be awarded in Public Works Roadway Markings & Signs account (accounting number
01117625-63001) fiscal year 2010-2011.
` APPROVED AS TO FUNDS AND ACCOUNTS:
,i i .
Raul Godinez II Francisco Gutierrez
Executive Directo Executive Director
Public Works Agency Finance & Management Services Agency
km
22C-1
22C-2
REQUEST FOR
. ,
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
? As Recommended
CONTRACT RENEWAL FOR ? As Amended
? Ordinance on 15i Reading
WATERWORKS FITTINGS AND ? Ordinance on 2"d Reading
MISCELLANEOUS SUPPLIES ? Implementing Resolution
? Set Public Hearing For
(SPEC. N0.07-071)
~ _ CONTINUED TO
f.
~~~,~j, - FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Renew the contract with Ferguson Waterworks for the purchase of waterworks fittings, supplies and
miscellaneous supplies for cone-year period in an amount not to exceed $65,000.
DISCUSSION
The Public Works Agency's Water Resources Division maintains an extensive distribution system
that includes 21 active wells, seven pumping stations and reservoirs, and seven import water
connections, as well as miles of water pipe. In order to perform maintenance and repairs on this
extensive system, PWA requires an assortment of materials such as valves, adapters, couplings, and
clamps. The materials are purchases through the Central Stores warehouse for distribution. The
contract for water works fittings and supplies are designed to provide quality products at a significant
savings based on quantity pricing.
On September 17, 2007, the City Council awarded a contract to Ferguson Waterworks, a Santa Ana
vendor, for cone-year period, with provisions for three one-year renewals. The vendor has
performed satisfactorily during the past contract period and has agreed to renew the contract without
an increase in pricing. Staff recommends the second renewal of the contract.
FISCAL IMPACT
Funds are available in the Water Utiiity Water System Maintenance and Water Quality &
Measurement accounts (nos. 06017641-63001 and 06017644-63001).
APPROVED AS TO FUNDS AND ACCOUNTS:
~y~ _ ~ ~r ;
Raul Godinez II Francisco Gutierrez ~j,,/
Executive Direc Executive Director
Public Works A ency Finance & Management Services Agen
km 22~-~
22D-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
? As Recommended
CONTRACT RENEWAL FOR ? As Amended
? Ordinance on 1S' Reading
WATER TREATMENT SALT ? Ordinance on 2"d Reading
(SPEC. N0.08-008) ? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
, ~ L~-~ -
~,:~L~,' FILE NUMBER
`-CITY MANAGER
RECOMMENDED ACTION
Renew the contract with Gallade Chemical Inc. for water treatment salt for cone-year period in an
annual amount not to exceed $45,000.
DISCUSSION
The Public Works Agency Water Resources Division produced 35,274.6 acre-feet of water last fiscal
year from 21 groundwater wells and purchased another 5,860.6 acre-feet of treated water from the
Metropolitan Water District for delivery to businesses and residents in Santa Ana. In compliance with
the National Sanitation Foundation Standard 60 requirements for safety, salt is used in a non-
hazardous disinfection process at the well sites.
On April 7, 2008, the City Council awarded a contract to Gallade Chemical Inc. for cone-year period,
with provisions for four one-year renewals. The vendor has performed satisfactorily during the past
contract period and has agreed to renew the contract; however the vendor has requested a 6.3
percent price increase per sack after holding their pricing for two years due to the rising cost of raw
material. Staff verified the increase is consistent with the market and the vendor continues to offer a
competitive price. Staff recommends the second renewal of the contract. The annual amount is
based upon past usage and staff's projection for the next year.
FISCAL IMPACT
Funds are available in the Water Utility Production & Supply account (accounting unit 06017640-
63001
APPROVED AS TO FUNDS AND ACCOUNTS:
Raul Godinez II Francisco Gutierrez
Executive Direct r Executive Director
Public Works Agency Finance & Management Services Agenc~
km 22~-''
22E-2
REQUEST FOR
COUNCIL ACTION
~a~
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
? As Recommended
CONTRACT RENEWALS FOR ? As Amended
? Ordinance on 1s' Reading
JANITORIAL SUPPLIES ? Ordinance on 2~d Reading
(SPEC. N0.08-014) ? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Renew the contracts for janitorial supplies for cone-year period in a total annual aggregate amount
not to exceed $85,000 with:
Vendor: Location:
Gale Supply Company Los Angeles
Kathco Products Commerce
Waxie Sanitary Supply Santa Ana
DISCUSSION
The Central Stores section located at the Corporate Yard provides janitorial supplies such as brooms
and brushes, trashcans, cleansers, polishes, soaps and disinfectants as necessary to maintain the
various City facilities. Currently, janitorial supplies are provided out of Central Stores for the Police
Department and the Fire Stations. The contracted janitorial service for City Hall, the Corporate Yard,
Parks & Recreation facilities, the Regional Transportation Center includes full service along with
providing all paper goods and cleaning supplies. The contracts for janitorial supplies are designed to
provide quality products at a significant savings based on quantity pricing.
On April 7, 2008, the City Council awarded contracts to Gale Supply Company, Kathco Products and
Waxie Sanitary Supply a Santa Ana vendor for atwo-year period, with provisions for two one-year
renewals. The vendors have performed satisfactorily during the past 2-year contract period. Kathco
Products and Waxie Sanitary Supply, a Santa Ana vendor, have agreed to renew their contracts
without an increase in pricing. Gale Supply Company has requested an average 7.5 percent
increase on any petroleum based products from their initial 2008 price base. Staff verified the
increase is consistent with the market for paper, wood and petroleum based products and the vendor
continues to offer a competitive price. Staff recommends the first renewal of the contract. The
annual amount is based upon past usage. The contract for Kathco Products also is extended to their
full line of products covering landscaping and tool supplies.
22F-1
Contract Renewals for Janitorial Supplies
July 6, 2010
Page 2
FISCAL IMPACT
Funds are available in the various departmental Operating Materials and Supplies accounts (63001).
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
km
22F-2
REQUEST FOR
COUNCIL ACTION ~
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
? As Recommended
CONTRACT RENEWAL FOR ? As Amended
COLD WATER METERS ? ordinance on 75f Reading
? Ordinance on 2"d Reading
(SPEC. NOS. 09-001 & 09-035) ? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
Ck~ FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Renew the contract with Badger Meter, Inc. for the purchase of cold water meters and miscellaneous
supplies for cone-year period in an amount not to exceed $95,000.
DISCUSSION
The Public Works Agency regularly performs installation, maintenance, and replacement of
residential and commercial water meters. The three types of meters used by the City are positive
displacement, multi-jet and turbine meters. Positive displacement meters are used primarily for
residential applications. Multi-jet meters are used for multi-family residential, irrigation and
commercial applications. Turbine meters are used for high volume water users, including industrials,
commercial, irrigation, and large multi-family residential applications.
There are approximately 45,000 metered service locations in the City of Santa Ana. The meters are
purchased through the Central Stores warehouse for distribution to the Public Works Agency as
needed. Typically, a water meter is replaced every 15 years.
On March 2, 2009 the City awarded Badger Meter, Inc. a contract for positive displacement meters
and on August 3, 2009 additionally awarded to Badger Meter, Inc. a contract for multi-jet and turbine
cold water meters. The vendor has performed satisfactorily during the past contract period and has
agreed to renew the contract with a four percent increase due to higher material cost. The requested
increase is far below the U.S. Department of Labor announced 16.3% increase in the Producer Price
Index for Materials for durable manufacturing. Staff recommends the first renewal of the contract.
22G-1
Contract Renewal for Cold Water Meters
July 5, 2010
Page
FISCAL IMPACT
Funds are available in the Water Utility Water System Maintenance and Water Quality &
Measurement accounts (nos. 06017641-63001 and 06017644-63001).
~j _ APPROVED AS TO FU-N-DS AND ACCOUNTS:
Raul Godinez II Francisco Gutierrez
Executive Direct r Executive Director
Public Works Agency Finance and Management Services Agency
km
~I
22G-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
? As Recommended
CONTRACT RENEWAL FOR ? As Amended
? Ordinance on 151 Reading
ASPHALT CONCRETE MATERIALS ? Ordinance on 2"d Reading
(SPEC. N0.09-029) ? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
'Zt,.~--r'> Ct~•r--~~`" FILE NUMBER
C TY MANAGER
i
RECOMMENDED ACTION
Renew the contract with Vulcan Materials Co. for the purchase of asphalt concrete materials for a
one-year period in an annual amount not to exceed $45,000.
DISCUSSION
The Public Works Agency performs a variety of maintenance and repairs on the City's water and
sewer systems. Tasks includes mainline leak repairs to the water main system, repairs or
replacement of water services and sewer laterals. As such, trench cuts are required in order to
perform these repairs. The Water Resources Division required temporary asphalt concrete mix to
perform trench repairs in asphalt concrete streets. Permanent asphalt concrete trench resurfacing is
provided under a separate contract administered by the Maintenance Services Division.
On July 6, 2009, the City Council awarded a contract to Vulcan Materials Co., for aone-year period,
with provisions for four one-year renewals. The vendor has performed satisfactorily during the past
contract period and has agreed to renew the contract; however the vendor has requested a 7.1
percent to cover the volatile, and intangible pricing of the petroleum product in their asphalt cold mix.
Staff recommends the first renewal of the contract.
FISCAL IMPACT
Funds are available in the various Public Work Agency departmental accounts (63001). The amount
of the contract is estimated, as the actual expenditures will depend upon the requirements throughout
the annual period.
~ APPROVED AS TO FUNDS AND ACCOUNTS:
~RC~cctc~. ~r 1 L
Raul Godinez I Francisco Gutierrez
Executive Dire r Executive Director
Public Works Agency Finance & Management Services Agency
km
22H-1
22H-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
? As Recommended
AGREEMENT FOR GOVERNMENT ? As Amended
? Ordinance on 15t Reading
LIAISON SERVICES WITH TOWNSEND ? Ordinance on 2"d Reading
PUBLIC AFFAIRS ? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
~Gra ~ FILE NUMBER
CIT MANAGER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to
amend the agreement for government liaison services with Townsend Public Affairs in an amount
not to exceed $50,000.
DISCUSSION
Townsend Public Affairs has served as the City's representative in Sacramento for ten years. Their
services include the review and monitoring of state legislation and funding opportunities as well as
working with state agencies on regulations and policies that affect the City.
Townsend Public Affairs represented Santa Ana's interests in Sacramento this past year on issues
such as local government finance, the state budget, state enterprise zone, redevelopment, water
related issues and a variety of other legislative proposals. In addition, they worked to pursue grant
opportunities such securing a CaIGRIP grant and monies for park and community centers. In past
years, Townsend Public Affairs has secured funding for the Discovery Science Center, synthetic
turf for Eddie West Stadium, and youth intervention and crime prevention grants.
25A-1
Townsend Agreement
July 6, 2010
Page 2
FISCAL IMPACT
Funds are available in the Public Works Administrative Services account (no. 01104012-62300)
and the Community Development accounts (nos. 57018841-62300, 57018842-62300 and
57018843-62300).
APPROVED AS TO FUNDS AND ACCOUNTS:
Cyn is J. Nelson Francisco Gutierrez
Deputy City Manager Executive Director
for Development Services Finance & Mgmt. Services Agency
25A-2
PUBLIC AFFAIRS, INC.
MEMORANDUM
To: Ms. Jill Arthur, Executive Director, External Affairs
City of Santa Ana
From: Christopher Townsend, President
Sean Fitzgerald, Director, Southern California
Date: May 25, 2010
Subject: Year End Report -Legislative Advocacy and Grant Support
Thank you for the continued opportunity to represent the interests of the City of Santa
Ana through our work supporting the City's legislative and funding-related initiatives.
The report below is intended to summarize our activities over the past year as well as to
update initiatives still pending.
State Budget
As one might expect, a substantial portion of our work over the past year has focused,
in one way or another, on the state budget in general and the protection of local
revenues in particular. Most notable among these initiatives are:
Protecting HUTA Revenues - AB 8x 5 (Assembly Budget Committee) was passed
earlier this year to implement yet another deferral of HUTA payments to local
governments. While any deferral of these monies caused hardship for cities, the
duration and severity of this deferral, however, would threaten the City's ability to meet
the repayment schedule for bonds that are secured by the City's HUTA revenues. As
such, TPA has been working collaboratively with Senator Correa, Assemblyman
Solorio, Budget Committee staff, the Department of Finance and City staff over the past
several months to craft a solution that would protect the City and its bondholder
agreements. The language that has been crafted is slated for inclusion as part of this
year's budget and will provide a workable solution for the City.
Enterprise Zone -TPA has worked with the City on two fronts this past year with
regard to Enterprise Zones. First, our team helped City staff engage with the state's
Housing & Community Development Department to facilitate the execution of the City's
final EZ designation contract. This paperwork had been stalled for quite some time and
TPA was able to help City staff expedite the issue with HCD.
25A-3
The second issue involving Enterprise Zones is SB 974 (Steinberg), which is an
example of the dozens of bills introduced each year seeking to modify or kill the EZ
program. In this case, Senator Steinberg has proposed shifting funding from some of
the more significant EZ programs to fund a new "career pathways" program that would
also be created within the legislation. Given the value provided by the EZ program as
part of the City's economic development efforts, and its specific importance those
benefits play in an ongoing business location effort, TPA has engaged actively on this
legislation to ensure that our representatives understand clearly the negative impacts
that this bill would have. SB 974 is currently awaiting a vote on the Senate Floor, where
Senator Steinberg's leadership position may carry the day in moving the bill over to the
Assembly, but TPA will work to kill this bill in the Assembly and as part of the budget
process.
Capital Project Funding Initiatives
Proposition 84 -Competitive Parks Funding
City staff submitted a timely application to the Department of Parks & Recreation for the
Prop. 84 Parks Competitive Grant program for the Willard Intermediate School Joint
Use Project. There is $180 million available in this first round of grants and the state
received applications totaling approximately $1.8 BILLION in projects, so this promises
to be a very competitive program. TPA has been actively involved with DPR staff since
the program's passage back in November 2006, through the implementing legislation
and the guideline development process of the past couple years. Our relationships and
technical knowledge will now be focused on ensuring that the City's application
continues progressing through the review process. The next step in this program is site
visits that will be conducted by DPR staff in the coming months.
In addition to the Willard project, City leadership also requested that TPA lend our
expertise to the Santa Ana YMCA in connection with their expansion project. Our team
met with the Santa Ana YMCA leadership on several occasions and provided
comprehensive guidance on their application for Proposition 84 funding.
Transportation Funding for Bristol
With budget challenges impacting funding sources for the City's Bristol project, TPA has
J
been engaged to work cooperatively with City staff, OCTA and their respective state
and federal consultants to identify potential sources of funding that will help maintain
needed funding levels. TPA remains actively engaged in this process working with all
relevant parties to explore opportunities at all levels for additional funding.
Diamond Park Mutual Water Company
In early 2010, City staff engaged TPA to examine grant and regulatory issues related to
the Diamond Park Mutual Water Company (DPMWC), a small privately held water
provider serving approximately 70 homes in Santa Ana. The single well serving those
homes had been cited by the CA Department of Public Health (CDPH) for nitrate
contamination that were approaching unsafe levels. At that time, the City had just
begun outreach to the residents served by DPMWC and were asked TPA to research
funding opportunities that could be applicable in helping connect the DPMWC service
2 5A-4
area to the City's water system. TPA subsequently identified and reported on three
types of funding that CDPH administers and our team remains actively involved in
helping the City and DPMWC secure those funding opportunities as part of a successful
resolution of the challenges faced by DPMWC and its residents.
Santa Ana Unified School District
In the fall of 2009, TPA advised staff from the Santa Ana Unified School District on
various funding programs available through the American Recovery and Reinvestment
Act, specifically California's application to the Race to the Top program. TPA provided
comprehensive summaries of the Race to the Top program during a meeting with
Superintendent Jane Russo at Santa Ana Unified School District and conducted a
conference call with relevant staff to explain the application, the State's competitive
chances, the political forces, and the ramifications of participation or declining to
participate. TPA continued to advise on the steps necessary to be included in the
state's Race to the Top application. On January 7, 2010 the Santa Ana Unified School
District decided to participate in the state's Race to the Top application and passed the
required MOU. In March this year we learned that the state's application was not
successful. The State will reapply for Round 2, but chances are slim.
Upcoming State Funding Opportunities
Proposition 84 -Nature Education Facilities Funding
Separate from the more traditional parks grant program, the Nature Education Facilities
(NEF) grant program focuses on capital projects focused exclusively on providing
supplement educational opportunities around natural resources-related topics. There
are $93 million in this first, and only, round of grants. Applications are due July 1, 2010.
City staff intends to submit an application to this program for improvements at the Santa
Ana Zoo. TPA will work closely with the City throughout this process, most especially
with DPR in an attempt to secure funding for the City in what promises to be another
highly competitive program.
Water Bond
While it certainly took a good bit of wrangling among state leadership, agreement on a
legislative water bond has been reached and the measure will appear on the ballot this
coming November. Early polling shows strong support for the measure among voters,
and the Governor even included spending related to the bond in his May Revise budget
proposal. In short, this is now a very real opportunity on the horizon. We've attached a
summary of the provisions in the bond for your reference.
Proposition 84 - 2"d Round of Competitive Parks Funding
Regardless of the success of the City's pending application in the first round of this
program, there will be additional opportunities to secure funding from this program.
TPA has already spoken with City staff about this second round of funding and how we
can prepare to make the most of our first round application (again, regardless of
outcome). TPA remains actively engaged with DPR with regard to future funding
rounds and will be ready to engage at the earliest possible time to keep the City ahead
of any developments. As of now, applications for the second round will be due no
earlier than early 2011, though that timeline could change depending on the time taken
to complete the first round.
25A-5
25A-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
? As Recommended
AGREEMENT FOR PREVENTIVE ? As Amended
? Ordinance on 1'' Reading
MAINTENANCE AND REPAIRS OF ? ordinance on 2nd Reading
MECHANICAL AND HVAC SYSTEMS ? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute the attached amendment to
agreement with ACCO Engineered Systems for maintenance and repair services in an annual
amount not to exceed $165,000, subject to non-substantive changes approved by the City Manager
and City Attorney.
DISCUSSION
The Building Maintenance Division of the Finance and Management Services Agency maintains
approximately 50 buildings, including fire stations, recreation and community centers, libraries, City
Hall, the Police Administration building and the Corporate Yard. The buildings require various levels
of service for complex mechanical systems, including heating and air conditioning equipment. To
i maintain these systems in good working condition, it is vital to have preventive maintenance and
repair service available, including periodic inspection of chillers and boilers and repair of equipment
on an as-needed base. Of the recommended actions, $120,000 is allocated to support the Police
Administration and Holding facility HVAC equipment. The balance is for the City Hall complex at
Civic Center Plaza, Corporate Yard, fire stations and recreation and community centers. These
services ensure the City mechanical systems operate efficiently and safely, and meet all applicable
laws and regulations.
On June 5, 2007, the City Council approved an agreement with ACCO for aone-year period, with
provision for three one-year renewals. The vendor has performed satisfactorily during the past
contract period and staff recommends approval of the final renewal of the agreement.
25B-1
Agreement for Maintenance of Mechanical Systems
July 5, 2010
Page two
FISCAL IMPACT
Funds are available in the Police Department Building & Facility, and the Finance Agency Building
Maintenance accounts (nos. 01114403-62300 and 07310100-62300).
APPROVED AS TO FUNDS AND ACCOUNTS:
Paul M. Walters Francisco Gutierrez
Chief of Police Executive Director
Finance and Management Services Agency
km
25B-2
FIFTH AMENDMENT TO AGREEMENT
THIS FIFTH AMENDMENT, made and entered into this 5"' day of July, 2010, by and between ACCO
Engineered Systems Inc, ("Consultant") and the City of Santa Ana, a charter city and municipal corporation
duly organized and existing under the Constitution and laws of the State of California ("City"),
collectively referred to herein as "the Parties".
RECITALS:
A. The Parties entered into Agreement #A-2007-129, dated June 4, 2007, hereinafter referred to as
"said Agreement", for the preventive maintenance and repair of ventilation systems at various
City facilities.
B. The Parties hereto now desire to extend the term and provide additional Compensation to pay
for services during the extended term.
WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter
contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the
parties hereto do hereby agree as follows:
1. Section 2.a.
COMPENSATION, shall be amended to increase com ensation b $165 000.00
p ,
Y
to pay for services during the FY 2010-1 lterm.
2. Section 3, TERM, shall be amended to extend the termination date to June 30, 2011.
3. Except as herein amended all terms and conditions of said Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to said Agreement the
date and year first above written.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR DAVID N. REAM
Clerk of the Council City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER ACCO ENGINEERED SYSTEMS
City Attorney
By:
Laura Sheedy STEPHEN J. SMITH
Assistant City Attorney Vice President
25B-3
25B-4
REQUEST FOR
~T~
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
? As Recommended
AGREEMENT FOR FIRE ALARM ? As Amended
? Ordinance on 1S` Reading
SYSTEMS MAINTENANCE AND TIME ? Ordinance on 2~d Reading
CLOCK SUPPLIES WITH SIMPLEX ? Implementing Resolution
? Set Public Hearing For
GRINNELL
CONTINUED TO
FILE N U M B E R
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute the attached amendment to
agreement with Simplex Grinnell for fire alarm systems maintenance and time clock supplies in an
annual amount not to exceed $65,000, subject to non-substantive changes approved by the City
Manager and City Attorney.
DISCUSSION
City facilities are equipped with fire alarm systems for the protection of people and property. The
alarm systems require inspection, preventive maintenance and repair services to ensure continued
operation. Additionally, the alarm systems are tested regularly in accordance with the State of
California Fire Marshall regulation and National Fire Protection Association rules.
On July 4, 2009, the City Council approved an agreement with Simplex Grinnell for cone-year
period, with provision for four one-year renewals. The vendor has performed satisfactorily during the
past contract period and staff recommends approval of the first renewal of the agreement. The
agreement will provide $40,000 for annual testing and inspection of the City's fire alarm detection
systems, $20,000 in case of repair services and parts are needed, and $5,000 for supplies and time
clock purchases.
FISCAL IMPACT
Funds are available in the various departmental Maintenance and Repair and Operating Materials
and Supplies accounts (nos. 62322 and 63001).
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
km 2rJC-1
FIRST AMENDMENT TO
AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT is entered into this 5th day of
July 2010, by and between Simplex/Grinnell LP ("Consultant") and the City of Santa
Ana, ("City").
Recitals:
A. The parties entered into Agreement A-2009-105, dated July 6, 2009, (hereinafter
"said Agreement") by which Consultant has provided fire alarm maintenance,
inspection and testing, and purchase of time clocks.
B. In accordance with the terms and conditions of said Agreement, the parties wish to
amend said Agreement to extend the term for an additional one year period and to
increase compensation to pay for services provided during the extended term and for
additional repairs and replacements, as needed.
Wherefore, in consideration of the covenants contained in said Agreement, and subject
to all the terms and conditions of said Agreement, except those amended in this First
Amendment to Agreement, the parties agree as follows:
1. Section 2.a., COMPENSATION, shall be amended to increase compensation as
follows:
• $40,000.00 to pay for required testing and inspection services during the
2010-2011 fiscal year;
• $20,000.00 contingency shall be available to pay for unanticipated additional
services required to keep the fire alarm system functional;
• $5,000.00 for the purchase of Simplex time clocks, services and supplies
purchased by various City departments.
Total compensation shall not exceed $65,000.00 during the extended term of said
Agreement.
2. Section 3, TERM, shall be amended to extend the term through June 30, 2011.
3. Except as herein amended, all terms and conditions of said Agreement shall remain in
full force and effect.
I
25C-2
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Agreement on the date and year first written above.
CITY OF SANTA ANA
ATTEST:
MARIA D. HUIZAR DAVID N. REAM
Clerk of the Council City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Laura Sheedy
Assistant City Attorney
SIMPLEX GRINNELL, LP
(NAME)
(title)
25C-3
25C-4
REQUEST FOR ;
COUNCIL ACTION ~
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
AUTHORIZATION TO INSTALL FIBER ? As Recommended
OPTIC CABLE IN AUTO MALL DRIVE ? As Amended
? Ordinance on 15' Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the Executive Director of the Public Works Agency to execute the attached Right of Entry
and License Agreement with Santa Ana Properties, LLC, to grant a revocable encroachment permit
to install a fiber optic cable across Auto Mall Drive.
DISCUSSION
Crevier BMW is planning to relocate a portion of its existing dealership in the Santa Ana Auto Mall.
Crevier is located at 1500 Auto Mall Drive and is in the process of acquiring ownership of the
property across the street at 1455 Auto Mall Drive. The property is vacant and formerly served as
the Bauer Jaguar dealership. Crevier plans to use the new location for new car sales and service of
its Mini brand.
As part of the relocation, Crevier plans to connect the sites to share data, voice and video
conferencing, and Intranet network systems. In order to meet its high demand network
communication requirements and ensure optimum performance between the two facilities, the
applicant is requesting approval to install an underground fiber optic backbone cable across Auto
Mall Drive (exhibit 1).
Prior to approaching the City with the request, Crevier explored other options to connect the sites,
such as wireless technology and public communication utility services. Wireless technology fell
short of meeting the desired network's communication speed level. Public communication utility
services lack facilities within the proposed area.
Since the fiber optic cable in the Auto Mall Drive right of way will be owned and maintained by
Crevier (a private party rather than a public utility), an agreement for a revocable encroachment
permit is required along with insurance and a surety bond.
25D-1
Authorization to Install Fiber Optic
Cable in Auto Mall Drive
July 6, 2010
Page 2
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed project is exempt from
further review. Statutory Exemption ER No. 2010-88 will be filed for this project.
FISCAL IMPACT
There is no fiscal impact associated with this action.
r
i I
Raul Godinez II
Executive Director
Public Works Agency
RG/TH
Exhibit 1: Project Location
25D-2
RIGHT OF ENTRY AND LICENSE AGREEMENT
THIS RIGHT OF ENTRY AND LICENSE AGREEMENT ("Agreement") is made
and entered into this 6th day of July, 2010 by and between the CITY OF SANTA ANA, a
charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California, (hereinafter referred to as the "CITY"), and SANTA ANA
PROPERTIES LLC, a California limited liability company (herein referred to as "LICENSEE"),
with respect to the following:
RECITALS
a. LICENSEE owns that certain property located at 1500 Auto Mall Drive, Santa
Ana, CA (hereinafter "Premises 1"), on which LICENSEE operates an auto dealership.
b. LICENSEE owns, or has the right to use, that certain property located at 1455
Auto Mall Drive, Santa Ana, CA (hereinafter "Premises2"), on which LICENSEE proposes to
operate an auto dealership.
c. CITY owns or has an easement for public utility purposes along, above and under
the public street commonly known as Auto Mall Drive, which abuts the premises owned by
LICENSEE.
d. LICENSEE desires a license to install, maintain and repair a fiber optic cable
from Premises 1 to Premises 2 below the surface of a portion of Auto Mall Drive (hereinafter
referred to as "License Area"), as described in Exhibit A and depicted in Exhibit B, attached
hereto and incorporated by reference.
NOW, THEREFORE, for good and valuable consideration, LICENSEE and CITY do
hereby agree as follows:
1. Right of Entry and License. Provided that all of the terms and conditions of this
Agreement are fully satisfied, as of the Effective Date of this Agreement CITY hereby grants to
LICENSEE and its employees, agents and contractors the nonexclusive, non-assignable,
personal, revocable right and license to enter upon said License Area for the purpose of
installing an underground conduit with the capacity to run a fiber optic cable from Premises 1 to
Premises 2. It is expressly understood that this Agreement does not in any way whatsoever grant
or convey any rights of possession, easement or other cognizable property interest in said
Property. Said License shall include the right to install, maintain and repair said fiber optic
cable.
2. Agreement. By execution of this Agreement, LICENSEE agrees for itself and on
behalf of its employees, agents, consultants and contractors as follows:
(a) All work shall comply with the current edition of the Standard
Specifications for Public Works Construction (Green Books and all applicable City Ordinances,
Standards and Specifications currently in effect. The work, including method of installation and
limits of construction of the fiber optic cable shall be depicted on a plan and shall be subject to
1
25D-3
review inspection and approval by the City Engineer.. Any contractor performing work shall
first obtain an excavation permit from the CITY..
The LICENSEE shall endeavor to maintain and repair from private property
owned by LICENSEE, if practical. Any maintenance or repair of the conduit or its contents via
Auto Mall Drive right of way would require the LICENSEE to apply for and obtain an
excavation permit from the City.
(b) LICENSEE accepts full responsibility for all damages and restoration and
agrees to reimburse CITY for performing all work and furnishing all materials to correct any
failure to comply with the rules and terms hereof and all applicable City regulations. Failure to
pay any bills due under any permission issued by CITY may result in rendering LICENSEE
ineligible for any additional Public Works Agency permit until such bill is paid.
(c) All work shall be done by a State Licensed Contractor with the appropriate
classification. In addition, the contractor shall possess a current City Business License.
(d) Traffic.
• Traffic control shall comply with City Standard Plan No. 1125F and the
Work Area Traffic Control Handbook (WATCH). Amber lights must be
maintained at night.
• Any street closure shall comply with City Standard Plan No 1125F.
(e) Fire Hydrant permits shall be obtained from the Public Works Agency
before water is obtained from any public hydrant.
LICENSEE or its contractor shall patch all authorized street cuts to City
Standards, including backfilling with 90 percent relative compaction and temporary AC
pavement. LICENSEE or its contractor shall place permanent patch within 30 days of placing
the temporary patch. A City Street Construction Inspector must be present to inspect placement
of backfill and both temporary and permanent patches.
(g) Refuse, rubble, gravel, dirt or unused materials shall be removed on a
daily basis and final cleanup shall take place within 3 days after completion of the work. If not
so removed, CITY will remove such refuse, rubble, gravel, dirt or unused materials at
LICENSEE's expense, including the current call-out charge.
(h) UTILITY MARKINGS. Upon completion of the project, LICENSEE
shall require that its contractor shall remove all painted utility markings using the removal
method acceptable to the inspector. LICENSEE or its contractor shall register the fiber optic
cable with, and maintain its presence in the Underground Service Alert (Digalert) database.
(i) LICENSEE shall provide plans for the project on City Standard Sheets
and shall provide as-built plans when installation is complete.
2
25D-4
3. General Terms and Conditions
(a.) i. Insurance. Prior to undertaking performance of work under this
Agreement, LICENSEE shall obtain, and maintain for the duration of this Agreement, and shall
require its Contractor to obtain and maintain Commercial General Liability Insurance,
which shall include, but not be limited to protection against claims arising from bodily and
personal injury, including death resulting therefrom and damage to property, resulting from any
act or occurrence arising out of LICENSEE's operations in the performance of this Agreement,
including, without limitation, acts involving vehicles. The amounts of insurance shall be not less
than the following: single limit coverage applying to bodily and personal injury, including death
resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence,
$2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees,
agents, volunteers and representatives as additional insured(s); (b) be primary with respect to
insurance or self-insurance programs maintained by the City; and (c) contain standard separation
of insureds provisions.
ii. The following requirements apply to the insurance to be provided by
LICENSEE pursuant to this section:
• LICENSEE shall maintain all insurance required above in full force and effect
for the entire period covered by this Agreement.
• Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
• Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(30) days prior written notice to the City.
iii. If LICENSEE fails or refuses to produce or maintain the insurance
required by this section or fails or refuses to furnish CITY with required proof that insurance has
been procured and is in force and paid for, CITY shall have the right, at its election, to forthwith
terminate this Agreement.
(b) LICENSEE shall not permit any mechanics', materialmen's or other liens
of any kind or nature ("Liens") to be filed or enforced against the Property in connection with
this Agreement. LICENSEE shall indemnify, defend and hold harmless CITY, its officers,
employees and agents, from all liability for any and all liens, claims and demands, together with
costs of defense and reasonable attorneys' fees, arising from any Liens. CITY reserves the right,
at its sole cost and expense, at any time and from time to time, to post and maintain on the
Property, or any portion thereof, or on the improvements on the Property, any notices of non-
responsibility or other notice as maybe desirable to protect CITY against liability. In addition
to, and not as a limitation of CITY's other rights and remedies under this Agreement, should
LICENSEE fail, within ten (10) days of written request from CITY, either to discharge any Lien
or to bond for any Lien, or to defend, indemnify, and hold harmless CITY from and against any
loss, damage, injury, liability or claim arising out of a Lien, then CITY, at its option, may elect to
pay such Lien, or settle or discharge such Lien and any action or judgment related thereto and all
costs, expenses and attorneys' fees incurred in doing so shall be paid to CITY, as applicable, by
LICENSEE upon written demand.
3
25D-5
(c) LICENSEE shall not have any interest in the Property or be entitled to any
reimbursement or repayment for any work performed upon the Property pursuant to this
Agreement.
(d) LICENSEE may not encroach upon the License Area for any other
purpose or business than that specified in paragraph 1, above, other than pedestrian purposes
already available to members of the general public, without obtaining the prior written consent of
the City's Executive Director of the Public Works Agency.
(e) CITY will not be held responsible for loss of, or damage to, any
improvements made by LICENSEE in the License Area.
(f) This License is made subject and subordinate to the prior and continuing
right of CITY to use the public right-of--way.
4. Indemnity.
LICENSEE hereby agrees to defend, indemnify and hold the City of Santa Ana
and its officers, officials, members, employees, agents and representatives, harmless from and
against any and all loss, damage, injury, liability, claim, cost or expense (including, without
limitation, reasonable attorneys' fees, expert witness fees, court costs, and expenses) arising from
or attributable to the activities of LICENSEE or any of its employees, agents, consultants or
contractors upon the Property pursuant to this Agreement. All use of and entry upon the
Property shall be at the sole cost, risk and expense of LICENSEE. LICENSEE acknowledges
and understands that should this Agreement be deemed by the County of Orange to create a
possessory interest subject to property taxation, that LICENSEE shall be subject to the payment of
property taxes levied on such interest, and that it shall defend, indemnify and hold the City of
Santa Ana and its officers, officials, members, employees, agents and representatives, harmless
from and against any and all such claims.
5. License Fees. At the time of the street work permit issuance, all outstanding fees
associated with the license processing, street improvement plan-check and street work permit
shall be paid in full.
6. Revocation. CITY may revoke this License, at will, upon thirty days notice in
writing to the License.
7. Notices.
Any notice to be given by either party shall be deemed to be properly served if deposited
with the United States Postal Service, or other acceptable mailing service, postage prepaid, to the
addresses below:
TO CITY: Clerk Of The Council TO LICENSEE: Santa Ana Properties, LLC
City of Santa Ana 1500 Auto Mall Drive
20 Civic Center Plaza (M-30) Santa Ana, CA 92705
P.O. Box 1988
4
25D-6
Santa Ana, California 92702
With courtesy copy to:
Executive Director of the Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
8. Termination of Occupancy
a. LICENSEE accepts the License Area in an "as is" condition and upon termination
or revocation of this License, LICENSEE shall, at its own cost and expense, remove any
improvements installed by LICENSEE and surrender possession of the License Area to the
CITY in good order and repair and as nearly practicable to the state and condition in which it
existed prior to the grant of this License, to the satisfaction of CITY.
b. In the event LICENSEE fails, neglects or refuses to remove said improvements
and restore the License Area, such removal and restorations maybe performed by CITY, at
LICENSEE'S expense, which expense LICENSEE agrees to pay to CITY upon demand.
9. Miscellaneous.
(a) Choice of Law. This Agreement is to be governed by, and construed in
accordance with, the laws of the State of California.
(b) Remedies. Either party shall, in addition to all other rights provided
herein or as may be provided by law, be entitled to the remedies of specific performance and
injunction to enforce its rights hereunder, except to the extent expressly provided to the contrary
in this Agreement. All rights and remedies under this Agreement are cumulative and no one of
them shall be exclusive of any other, and each party shall have the right to pursue any one or all
of such rights and remedies or any other remedy which maybe provided by law, whether or not
stated in this Agreement, except to the extent expressly provided to the contrary in this
Agreement.
(c) Counterparts. This Agreement maybe executed in two (2) or more
counterparts, each of which shall be deemed an original but all of which together shall constitute
one and the same instrument.
(d) Non-Liability of Public Officials. No officer, employee, member, agent
or representative of CITY shall be personally liable to LICENSEE, or any successor in interest,
in the event of any default or breach by CITY, or for any amount which may become due to
LICENSEE or its successor, or for any breach of any obligation of the terms of this Agreement.
(e) Effective Date. This Agreement shall become effective on the date first
set forth above.
5
25D-7
Assignment. LICENSEE shall not record, hypothecate, assign or attempt
to record, hypothecate or assign this personal License. Any attempt by LICENSEE to record,
hypothecate or assign this License shall automatically terminate this License Agreement and
render this License void and invalid for all purpose.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the
date first set forth above.
Attest: CITY OF SANTA ANA
Maria D. Huizar DAVID N. REAM
Clerk of the Council City Manager
Approved as to form:
SANTA ANA PROPERTIES, LLC
Joseph W. Fletcher
City Attorney
DONALD CREVIER
Owner
6
25D-8
25D-9
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS:
25D-10
EXHIBIT "A"
LEGAL DESCRIPTION FOR
LICENSE AREA
BEING THAT PORTION OF AUTO MALL DRIVE ABUTTING PARCELS 6 AND 8 IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN
BOOK 210, PAGE 45, OF PARCEL MAPS fN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY. DEPICTED AS "LICENSE AREA" ON EXHIBIT "B".
7
25D-11
EXHIBIT "B"
SKETCH TO ACCOMPANY LEGAL
DESCRIPTION FOR LICENSE AREA
%y
o
PROPOSED
CREVIER ~ til~.~
MINI ~ ~Q
DEALERSHIP o~i~~r
~1,9~` 1455 AUTO ~ ExISTING \ ~
O,Q MALL DRIVE f BUILDING
LICENSE ~ ~ \ .
AREA \ . ? ~
PARCEL 8
PARCEL 6
P. M. 210-45
~ P.M. 210-45
I~ ~
~ ~~i
EXISTING
tt BUILDING
fr
t /
CREVIER C
BMW
DEALERSHIP 150 AUTO ~ FREEWAY
MALL DRIVE
p HONDA
D
~
~ ~
/ ~
EXISTING
BUILDING
EDINGER AV
REQUEST FOR:
COUNCIL ACTION -
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
? As Recommended
AMENDMENT TO AGREEMENT WITH ? As Amended
HOUSTON HARRIS PCS, INC. FOR SEWER ? Ordinance on 1S` Reading
? Ordinance on 2nd Reading
VIDEO INSPECTION SERVICES ? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute the attached first amendment to the
agreement with Houston Harris PCS Inc., subject to nonsubstantive changes approved by the City
Mana er an i
d C t Attorne to rovide television ins
g y y, p pection of sanitary sewers services, in an amount
not to exceed $300,000.
DISCUSSION
The City owns and maintains a sanitary sewer collection system consisting of 390 miles of pipelines
and 7,600 manholes. Closed circuit television (CCTV) technology is utilized to assess the condition
of sewer mains and identify system deficiencies. The City has historically utilized consulting firms to
provide CCTV inspection services. The proposed contract for sewer CCTV inspection will provide for
inspection of approximately 71 miles of pipeline (18 percent of the system). The project budget is set
at $300,000.
In 2009, Requests for Proposals for CCTV inspection services were sent and five proposals were
received and evaluated. Houston Harris PCS, Inc. was selected as the top-rated firm.
On September 7, 2009, the Council awarded an agreement to Houston Harris PCS, Inc. for a one
year term, with provision for three one-year renewals. Houston Harris PCS, Inc. has performed all
contractual services satisfactorily and has agreed to renew the agreement without increasing prices.
Staff recommends that the agreement with Houston Harris PCS, Inc. be renewed for an additional
one-year term (exhibit 1). This is the first of three possible one-year renewals.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
25E-1
Amendment to Agreement with Houston Harris PCS, Inc.
July 6, 2010
Page 2
FISCAL IMPACT
Funds are available in the Sanitary Sewer Service Fund (account no. 05617640-62300).
APPROVED AS TO FUNDS AND ACCOUNTS:
~n~~~~ a~ J
Raul Godinez I Francisco Gutierrez ~,,,J
Executive Direc r Executive Director
Public Works Agency Finance & Management Services Agency
RG/CB
Exhibit: Amendment
25E-2
FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT is entered into on July 5, 2010, by and
between Houston-Harris PCS, Inc., a California corporation ("Consultant") and the City of
Santa Ana, a charter city and municipal corporation organized and existing under the Constitution
and laws of the State of California ("City").
RECITALS:
A. The parties entered into that certain Agreement A-2009-141, dated September 8, 2009,
(hereinafter "said Agreement") by which Consultant has provided sanitary sewer inspection
and cleaning services.
B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the
term for an additional one-year period and provide compensation to pay for services during
the extended term.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all
the terms and conditions of said Agreement, except those amended in this First Amendment to
Agreement, the parties agree as follows:
1. Section 3, COMPENSATION, shall be amended to increase compensation $300,000 to pay
for sanitary sewer inspection and cleaning services, at the rates set forth in Exhibit A to said
Agreement, during FY 2010-11.
2. Section 4, TERM, shall be amended to extend the term for an additional one-year period,
through June 30, 2011.
3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement
on the date and year first written above.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR DAVID N. REAM
Clerk of the Council City Manager ~
APPROVED AS TO FORM:
HOUSTON-HARRIS PCS, INC.
JOSEPH W. FLETCHER
City Attorney
PAMELA D. HOUSTON
President
25E-3
25E-4
REQUEST FOR
COUNCIL ACTION ~ F
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
? As Recommended
SECOND AMENDMENT TO ? As Amended
COOPERATIVE AGREEMENT WITH OCTA, ? Ordinanceon 1~dReading
? Ordinance on 2 Readin
AND ACQUISITION OF RIGHT- OF- WAY ? Implementing Resolution
FOR THE AT-GRADE RAIL SAFETY ? Set Public Hearing For
ENHANCEMENT PROJECT
(PROJECT 09-1745)
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
1. Authorize the City Manager and Clerk of the Council to execute the attached Amendment No. 2
to Cooperative Agreement (C-8-0862), subject to nonsubstantive changes approved by the City
Manager and City Attorney.
2. Authorize the City Manager and Clerk of the Council to execute the attached purchase
agreement, subject to nonsubstantive changes approved by the City Manager and City Attorney,
with Mark and Cindy Evans, for the purchase of the property located at 1101 E. Chestnut
Avenue in the amount of $1,405,550.
DISCUSSION
On October 20, 2008, the City Council approved a cooperative agreement with Orange County
Transportation Authority (OCTA) for the At-Grade Crossing Enhancement Program at ten crossings
in the city. Amendment No.1 extended the term of the agreement through August 31, 2012.
Amendment No. 2 increases the City's cost share by $400,205 due to an increase in the total project
costs. The City provides the 12 percent match and is responsible for acquiring the right-of-way on
OCTA's behalf.
The purpose of this program is to enhance pedestrian, bicycle and driver safety for at-grade railroad
crossings in the City. Improvements include medians, roadway signing and striping, pedestrian
gates and other vehicular gate enhancements. Additionally, the City intends to implement a quiet
zone for the crossings at Seventeenth Street, Santa Clara Avenue and Fairhaven Avenue, after the
project is implemented.
One of the railroad crossings to be enhanced is on Chestnut Avenue, west of Grand Avenue. To
complete this work, OCTA determined that acquisition of the entire parcel at 1101 E. Chestnut
Avenue will be required as shown in the exhibit 1. The compensation amount is the appraised value
prepared by an appraiser licensed in the State of California. Once the property is acquired by the
City, it will be conveyed to OCTA; they are responsible for the entire cost of this acquisition.
25F-1
OCTA At-Grade Railroad Cooperative Agreement Addendum 2 and
Right-of-Way Acquisition at Chestnut Avenue
July 6, 2010
Page 2
ENVIRONMENTAL IMPACT
A Notice of Exemption and Categorical Exemption -Class 1 (f): Safety Protection Devices (ER #
2008-159) has been prepared for the project and is consistent with both of these agreements.
FISCAL IMPACT
This action increases the City's match by $400,205. Funds for the City's share of the costs are
available in Select Street Construction, Measure M Street Construction program (accounting unit
03217660-66220).
APPROVED AS TO FUNDS AND ACCOUNTS:
Raul Godinez II ~ Francisco Gutierrez
Executive Director Executive Director
Public Works Agency Finance & Management Services Agency
RG/MS
Exhibit 1: Project Location
2: Amendment No. 2
3: Purchase Agreement
25F-2
1 ~
~ 1
1 ~
1 ~
1
1
1-----------------
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1
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1
1
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o ~
a o 1
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~ Z ; 1
o ~ 1
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's' ~ ~
c~ ~ ~ 1
O O
1
CHESTNUT AVE ~
CV ~
o I z ~
~ Q \
(A
EXHIBIT 1
® ACQUISITION PROPERTIES
SANTA ANA
City Council Title SECOND AMENDMENT TO COOPERATIVE
P W ~ Agenda Date OFRRIGHENTOFITW O FOR THED AT~GRADE
JULY 6, 2010 RAIL SAFETY ENHANCEMENT PROJECT
"'e"` "~"5 (PROJECT 09-1745)
25F-3
i AMENDMENT NO. 2 TO
2 AGREEMENT N0. C-8-0862
3 BETWEEN
a ORANGE COUNTY TRANSPORTATION AUTHORITY
~ AND
~ CITY OF SANTA ANA'
~ FOR
s RAIL-HIGHWAY GRADE CROSSING SAFETY ENHANCEMENTS
9
AND
io ~ SAFETY MEASURES RELATED TO QUIET ZON
E IMPLEMENTATION FOR CITIES
tj THIS AMENDMENT NO. 2 is effective this day of 20'!0, b and
y
iz I between the Orange County Transportation Authority ("AUTHORITY"), and the City of Santa Ana
13 (.CITY").
la WITNESSETH:
WHEREAS, by Agreement No. C-8-0862 dated October 20, 2008, as last changed by
i6 , Amendment No. 1 dated February 16, 2010, AUTHORITY and CITY entered into a cooperative
i
agreement for rail highway grade crossing safety enhancements and safety measures related to
quiet zone implementations; and
19 WHEREAS, AUTHORITY and CITY agree to increase the 12% cost share to include the
Zo construction cost increase associated with signal material and railroad signal installation labor and
=1 construction and project management cost; and
n WHEREAS, the AUTHORITY's Board of Directors approved this Amendment on
z3
-a NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that
zs Agreement No. C-8-0862 is hereby amended in the following particulars only:
2G ~
ER:CF
L:ICAMMtCLERICAL1wORDPROCIAGREEb4MENDW M28~882. DOC
Page 1 of 3
~ Exhibit 2
25F-4
AMENDMENT NO. 2 TO
AGREEMENT NO. C-&0862
~ Amend ARTICLE 4. RESPONSIBILITIES OF CITY
paragraph F, Page 6 of 14, to delete
2 in its entirety and in lieu thereof insert:
"F. CITY is responsible for Right-of-Way acquisition, including Temporary Construction
~ Easements, any and all environmental clearances, and securing any and all necessary environmental
s or other approvals far the PROJECT. For the Chestnut property only, CITY shah be responsible for
~ Right-of-Way acquisition and once ac wired the ro e
q ~ P P rty will be conveyed to AUTHORITY.
~ Amend ARTICLE 4. RESPONSIBILITIES OF CITY
, paragraph K and N, Page 7 of 14, to
s delete in its entirety and in lieu thereof insert:
y "K. CITY wiif pay to AUTHORITY, within 30 days of submittal of invoice (s) from AUTHORITY
io and subject to the C1TY's normal accounting procedures, the requested portion of the C1TY's 12
ii percent local matching funds for the PROJECT, with the exception of the local matching funds for the
i2 cost of the Santa Clara and Fairhaven crossings, which are fully funded under the Santa Ana Second
1~ Main Track Project
is "N. The estimated expenditure schedule for CITY's local matching funds is as follows:
14
FISCAL YEAR CITY'S SHARE (12 percent} OF ESTIMATED
i~ PROJECT COST
2008/2009 1 330 098
t7
2009/2010 570 042
zs
iv 201012011 400 205
Zo 2011 /2012
,I TOTALS 2 300 345 "
Amend Exhibit "A". OCTA GRADE CROSSING SAFETY ENHANCEMENT PROGRAM
Y3
SCOPE OF WORK, Fairhaven Avenue subsection, delete the phrase "Temporary Closed" and
replace with the phrase "Permanent Closures
Add OCTA GRADE CROSSING SAFETY ENHANCEMENT PROGRAM COST
ESTIMATE CITY OF SANTA ANA, Exhibit B, Amendment No. 2, attached hereto and made
part hereof.
cR:CF
CaDOCUMENl'S AND SETTINGSIDNEVILS\DESKTOPISANTA ANA OCX_COOPERATtVEAGREEMENT AM2808G2•RE'JISEDDRAFT.DOC
Page 2 of 3
Exhibit 2
25F-5
AMENDMENT NO. 2 TO
AGREEMENT NO. C-8-0862
t ( The balance of said Agreement remains unchanged.
3 ~ ( IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to
Agreement No. C 8 0862 to be executed on the effective date above written.
~ CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY
5
4 By. By
~ David N. Ream Will Kempton
City Manager Chief Executive Officer
s
s ATTEST: APPROVED AS TO FORM:
~o
ey: By ~
, Maria D. Huizar Kennard R. Smart, Jr
Clerk of the Council General Counsel
I2
APPROVED AS TO FORM: APPROVAL RECOMMENDED:
t3
By: By.
seph W. Fletcher Darrel! Johnson
is City Attorney Deputy, Chief Executive Officer
t~ APPROVAL RECOMMENDED:
i
]7
By:
James G. Ross
Executive Director, Public Works
(9
20
i
21
22
23 I
?4
i~
~I
25
~6
ER:Cf
~ ~ L'.\CAMM\CLERICALIWORDPROCWGREEIAMcNOWAA28o882.DpC
I Page 3 of 3
5
Exhibit 2
25F-6
AMENDMENT NO. 2 TO
AGREEMENT NO. C-8-0862
EXHIBfT "B"
OCTA GRADE CROSSING SAFETY ENHANCEMENT PROGRAM
REVISED COST ESTIMATE
CITY OF SANTA ANA
Original Revised Cost
hems Origina! Estimate at Revised City City Share
Coop Cost Coop City Com letlon Share 12%
Share (12%) p ~ } Difference
(EAC)
SCRRA Agency Costs
Design: Survey, PM, CM, $4,816,151 $577,938 $4,G87,157 $490,459 -$8,,479
Flagging, Permitting.
Civi{ Safety Enhancements $4,355;373 S522,645 $2,171,595 $260,591 -$282.053
RR Signal Improvements $4,147,800 $497,736 $7,731,607 $927;793 $430.057
Utility Costs $33,000 $3,960 $3,278 $393 -$3,567
ROW Costs $1,122,400 $134,688 $3,246,077 $389,529 $254,841
Project Contingency &
lnftation 51,359,775 $163,173 $1,929,826 8231,579 S68,406
Grand Totai $15,834,499 $1,900,140 $19,169,540 $2,300,345 $400,205
Notes Ali costs associated with the Fairhaven and Santa Clara Ave crossings are not included in the new EAC, dae to these
costs oeing paid under the Santa Ana Second Main Track Project.
RON! ccsts assecated with the full-property acquisition at 1101 E Chestnut Ave are not included in the EAC. since
vCTA will take ina~ possession of this property,
last Revision OS/20J10
Exhibit 2
25F-7
PURCHASE AND SALE AGREEMENT FOR ACQUISITIONOF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
(Commercial)
THIS AGREEMENT, entered into this _ day of
2010, by and between the CITY OF SANTA ANA, a charter city and municipal corporation duly
organized under the Constitution and laws of the State of California (hereinafter referred to as the
"City" or "Buyer"), and Mark and Cindy S. Evans (hereinafter called "Seller"), regardless of
number or gender;
WITNESSETH
For and in consideration of their promises, covenants and agreements hereinafter set forth, and
subject to the terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City,
and City agrees to purchase from Seller, all that certain real property (hereinafter referred to as
"said real property") described as follows:
All that certain real property located in the State of California, County of Orange, City of Santa
Ana, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as 1101 E. Chestnut Avenue, Santa Ana, CA)
Said purchase and sale of said real property shall be in accordance with and subject to all of the
following terms, conditions, promises, covenants, agreements and provisions, to wit:
1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at
the office of First American Title Insurance Company, 2 First American Way, Santa Ana,
California, within thirty (30) days from and after the date on which the City has approved this
Agreement.
2. Title to be Conveyed. (a) Seller agrees that, except as may hereinafter be otherwise
expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and
clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments,
profits, limitations, encumbrances (whether monetary or non-monetary, general or specific,
including any and all leasehold interests), liens, clouds or defects in title except those exceptions
shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be
conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that
acceptance by City of any deed to said real property, with or without knowledge of any condition,
restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance
(whether monetary or non-monetary, general or specific, and including any and all leasehold
interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and
clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might
accrue to City because of the failure of Seller to convey title as hereinabove provided.
3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said
real property to City, within the time and at the place hereinabove specified for said conveyance
of said real property, a policy of title insurance to be issued by the above mentioned title
company, with the City therein named as the insured, in the amount of ONE MILLION FOUR
HUNDRED FIVE THOUSAND FIVE HUNDRED FIFTY AND NO/100 Dollars ($1,405,550.00)
insuring the title of the City to said real property is free and clear of any and all conditions,
restrictions, reservations, exceptions, easements, assessments, profits, limitations,
encumbrances (whether monetary or non-monetary, general or specific, and including any and all
leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may
1
Exhibit 3
25F-8
hereinafter expressly agree to take subject to. Acceptance by City of any such policy of
insurance, whether such insurance complies with the requirements of this paragraph or not, shall
not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a
waiver by the City of any rights of action for damages or any other rights which may accrue to City
by reason of the failure of Seller to convey title or to provide title insurance as required in this
Agreement.
4. Escrow. City agrees to open an escrow at the office of First American Title Insurance
Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days
from and after the date on which the City has approved this Agreement. This Agreement
constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this
Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to
close within 90 days of the City's execution of this Agreement.
The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its
acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached
hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller
within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent
hereunder.
City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any
transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation
fees, escrow fees and any other closing costs incidental to the conveying of said real property to
City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or
mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240.
The liability to the Escrow Agent under this Agreement is limited to performance of the obligations
imposed upon it under Section 4, Section 6, Section 11 and Exhibit "B" of the General
Provisions of this Agreement.
5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year
within which said real property is conveyed to City as are unpaid at the time of said conveyance
shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and
Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7
of the Revenue and Taxation Code of the State of California for that portion of property taxes on
said real property for said fiscal year which have been paid prior to the date the deed conveying
said real property to City is recorded which is allocable to that portion of the fiscal year which
begins on the date the deed conveying said real property to City is recorded and made
uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State
of California. All unpaid taxes on said real property for any and all years prior to the fiscal year
within which said conveyance is made shall be paid by Seller before conveyance of said real
property to City.
6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from
City, as and for the full purchase price for said real property, fixtures & equipment (improvements
pertaining to the realty), goodwill (if any), and severance damages, the total sum of ONE MILLION
FOUR HUNDRED FIVE THOUSAND FIVE HUNDRED FIFTY AND NO/100 Dollars
($1,405,550.00). City agrees to deposit said purchase price in escrow with the Escrow Agent
within THIRTY (30) days from and after the date on which the City has approved this Agreement,
and the Escrow Agent is hereby authorized to pay the same to Seller upon and after:
(a) Conveyance of said real property by Seller to City as hereinabove provided;
(b) Acceptance by City of a Grant Deed conveying said real property to City;
(c) Delivery to City of the policy of title insurance as hereinabove provided;
2
Exhibit 3
25F-9
(d) Recordation of the Deed conveying said real property to City.
7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real
property to City is recorded, quiet and peaceful possession of said real property, which shall be
made free by Seller of all personal property.
8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct
statement of rentals (Seller Estoppel) on a form furnished to Seller by Buyer and deliver same to
Buyer within fifteen (15) days hereof with copies of any written leases or rental agreements
attached. All rents will be prorated as of the close of escrow on the basis of a 30-day month/360-
day year consistent with that statement, subject to approval of Buyer. Seller hereby agrees not to
rent any units on the premises which are now vacant, or which may be vacated by present
occupants prior to close of escrow. Seller agrees that any and all Tenant Security Deposits
pertaining to the subject property collected by or in the possession of Seller prior to the close of
escrow shall be transferred to and become the property of Buyer during escrow.
Seller hereby warrants that the rental statement referred to shall include the terms of all rental
agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller
agrees to hold Buyer harmless from all liability from any such leases or agreements. Seller also
warrants that there are no oral or written leases on all or any portion of the subject property
exceeding a period of one month.
9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained
on the part of Seller shall not be deemed or held to be a waiver of any subsequent or other
breach of said covenant or agreement nor a waiver of any breach of any other covenants or
agreements contained herein.
10. Heirs, Assigns, Successors in Interest. This Agreement, and all the terms, covenants and
conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and
assigns of the respective parties hereto.
11. Time is of the Essence. In all matters and things hereunder to be done and in all payments
hereunder to be made, time is and shall be of the essence.
12. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents,
permission to enter upon said real property at all reasonable times prior to close of escrow for the
purpose of making necessary inspections.
13. Just Compensation. Seller acknowledges and agrees that said purchase price is just
compensation at fair market value for said real property and includes payment for fixtures &
equipment (improvements pertaining to the realty), goodwill (if any), and severance damages. City
had delivered to Seller an offer to purchase said real property under threat of eminent domain
pursuant to Government Code § 7267.2. Seller now wishes to avoid eminent domain proceedings
and sell said real property to the City, and City wishes to buy said real property from Seller,
pursuant to the terms and conditions of this Agreement in lieu of condemnation.
14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O.
Box 1988, in the City of Santa Ana 92702, County of Orange, State of California. The mailing
address of the Seller is:
Mark and Cindy S. Evans
435 Hilledge Dr
Laguna Beach, CA 9265
3
Exhibit 3
25F-10
15. Exceptions. City agrees to accept title to said real property subject to the following: NONE.
16. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the
whole of their Agreement. Performance of this Agreement by City shall lay at rest, each, every,
and all issue(s) that were raised or could have been raised in connection with the acquisition of
said real property by City.
17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner,
tenant, occupant, or user of the Property used, generated, released, discharged, stored, or
disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials")
on, under, in, or about the Property, or transported any Hazardous Materials to or from the
Property. Seller shall not cause or permit the presence, use, generation, release, discharge,
storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of
any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any
substance, material, or waste which is or becomes regulated by any local governmental authority,
the State of California, or the United States Government, including, but not limited to, any material
or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or
"restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to
Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous
Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California
Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous
Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or
"hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20,
Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a
"hazardous substance" under Section 25281 of the California Health and Safety Code, Division
20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos,
(vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely
hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4,
Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean
Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the
Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seg. (42 U.S.C. S6903) or (xi)
defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive
Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seg.
(42 U.S.C. S9601).
18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property
complies with all applicable laws and governmental regulations including, without limitation, all
applicable federal, state, and local laws pertaining to air and water quality, hazardous waste,
waste disposal, and other environmental matters, including, but not limited to, the Clean Water,
Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation
Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the
California Environment Quality Act, and the rules, regulations, and ordinances of the city within
which the subject property is located, the California Department of Health Services, the Regional
Water Quality Control Board, the State Water Resources Control Board, the Environmental
Protection Agency, and all applicable federal, state, and local agencies and bureaus.
19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against
any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive
damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or
based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any
Hazardous Material on, under, in or about, or the transportation of any such materials to or from,
the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule,
regulation, permit, judgment, or license relating to the use, generation, release, discharge,
storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the
4
Exhibit 3
25F-11
Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty,
punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for
personal injury (including sickness, disease, or death, tangible or intangible property damage,
compensation for lost wages, business income, profits or other economic loss, damage to the
natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or
other adverse effect on the environment). This indemnity extends only to liability created prior to
or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to
act post close of this escrow.
20. Contingency. It is understood and agreed between the parties hereto that the completion of
this transaction, and the escrow created hereby, is contingent upon the specific acceptance and
approval of the City herein. The execution of these documents and the delivery of same to
Escrow Agent constitutes said acceptance and approval.
21. Modification and Amendment. This Agreement may not be modified or amended except in
writing signed by the Seller and City.
22. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the
conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement
shall have no effect, but all the remaining provisions of this Agreement shall remain in full force.
23. Captions. Captions and headings in this Agreement, including the title of this Agreement, are
for convenience only and are not to be considered in construing this Agreement.
24. Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of California.
25. No Reliance By One Party On The Other Each party has received independent legal advice
from its attorneys with respect to the divisibility of executing this Agreement and the meaning of the
provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and
not for or against any party based upon any attribution to such party as the source of the language in
question.
26. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and
no other person or entity has or shall acquire any rights hereunder.
27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other,
execute and deliver such further documents (in form and substance reasonably acceptable to the
party to be charged) and do such other acts and things as are reasonably necessary and appropriate
to effectuate the terms and conditions of this Agreement, without cost.
28. Applicability of Agreement To Assignees. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties to this Agreement.
29. Authority to Execute Agreement. Each undersigned represents and warrants that its
signature herein below has the power, authority and right to bind their respective parties to each of
the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's
fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held
by the signatory or is withdrawn.
5
Exhibit 3
25F-12
30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
31. Other Terms. This Agreement is subject to the Orange County Transportation Authority (OCTA)
providing the City one-hundred percent of the funds to close this transaction.
The parties have executed this Agreement as of the date written below.
SELLER: Mark and Cindy S. Evans
Mark Evans Dated
Cindy S. Evans Dated
CITY/BUYER:
CITY OF SANTA ANA
BY:
David N. Ream
City Manager
ATTEST:
BY: Dated
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
BY:
Jose Sandoval
Managing Senior Assistant City Attorney
6
Exhibit 3
25F-13
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF THE LAND ALLOTTED TO STAFFORD AND TUSTIN IN DECREE OF PARTITION OF THE RANCHO
SANTIAGO DE SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED IN
BOOK "B" OF JUDGMENTS OF THE 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF CHESTNUT AVENUE WITH THE WESTERLY LINE OF THE
RIGHT OF WAY TO ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY;
THENCE WEST 123.90 FEET TO THE EAST LINE OF SANTA FE STREET;
THENCE NORTH 462.40 FEET TO THE SOUTHWESTERLY LINE OF SAID RIGHT OF WAY;
THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY TO THE POINT OF BEGINNING.
APN:O11-140-11
7
Exhibit 3
25F-14
EXHIBIT "B"
GENERAL ESCROW PROVISIONS
All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited
in one or more of your general escrow accounts with any bank doing business in the State of California
and may be transferred to any other general escrow account or accounts. The expression "close of
escrow" means the date on which instruments referred to herein are filed for record. All adjustments are
to be made on the basis of a 30-day month. Recordation of any instruments delivered through this
escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized.
There shall be no prorations of any existing insurance policies in this escrow.
You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other
documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the
attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys.
Should you before or after close of escrow receive or become aware of any conflicting demands or claims
with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited
herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such
conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any
action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree
to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or
incurred by you in connection with, or arising out of this escrow, including, but without limiting the
generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in
interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you
in this escrow.
If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable
monthly charge as custodian thereof of not less than $10.00 per month.
Time is declared to be the essence of these instructions. If you are unable to comply within the time
specified herein and such additional time as is required to make an examination of the official records, you
will return all documents, money or property to the party entitled thereto upon satisfactory written demand
and authorization. Any amendment of and/or supplement to any instructions must be in writing. The
seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof.
These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each
of which independently shall have the same effect as if it were the original, and all of which taken together
shall constitute one and the same instruction.
8
Exhibit 3
25F-15
25F-16
REQUEST FOR ~A
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
? As Recommended
AMENDMENT TO AGREEMENT WITH ? As Amended
HISPANIC BUSINESS CONSULTANTS - ? Ordinance on 1St Reading
? Ordinance on 2"d Reading
JOB TRAINING AT THE SANTA ANA ? Implementing Resolution
WORK CENTER ? Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute the attached amendment to the
agreement with Hispanic Business Consultants in the amount of $60,000 for a total agreement
amount not to exceed $117,675, subject to non-substantive changes approved by the City
Manager and City Attorney.
DISCUSSION
On February 16, 2010, the City Council approved a contract with Hispanic Business Consultants in
the amount of $57,675 to provide 75 business owners with technical assistance training. The
courses have become extremely popular; and as a result, business owners are requesting more in-
depth training. Due to this demand, staff is recommending allocating an additional $60,000 to
expand the scope of the training classes to include more specialized courses and to service ten
additional Santa Ana businesses. The additional specialized courses will include 5 four-week
courses and 1 ten-week course.
FISCAL IMPACT
Funds are available in the FY 2009-10 budget of the American Recovery and Reinvestment Act
account ARRA Rapid Response (account no. 12318739-62300).
25G-1
Amendment to Hispanic Business Consultants
July 6, 2010
Page 2
APPROVED AS TO FUNDS AND ACCOUNTS:
r ~ (~i~M e L~ r a~ ~i~
Cynthia J. Nelson Francisco Gutierrez
Deputy City Manager for Development Executive Director
Services Finance & Management Services Agency
Community Development Agency ~ `y
CJN/LAS/CDR/SV/kg
Exhibit: 1. Amendment to Agreement
25G-2
SECOND AMENDMENT TO AGREEMENT
UNDER THE WORKFORCE INVESTMENT ACT
(AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009)
THIS SECOND AMENDMENT, made and entered into this 6`'' day of July, 2010, by and between Hispanic
Business Consultants ("Contractor") and the City of Santa Ana, a charter city and municipal corporation duly
organized and. existing under the Constitution and laws of the State of California ("City").
RECITALS
A. The City and Contractor entered into that certain Agreement Under the Workforce Investment Act dated
February l6, 2010 (#A-2010-025) hereinafter referred to as "said Agreement" for Contractor to provide business
owners with technical assistance through courses and seminars.
B. The parties amended said Agreement on June 9, 2010, to update and increase Contractor's Obligations.
C. The parties hereto now desire to further amend and update Contractor's Obligations, as well as add more
funding.
WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and
made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do
hereby agree as follows:
1. Section 1 "Contractor's Obligations" shall be updated to expand the provision of specialized courses and
services, as set forth in the Scope of Work, attached hereto and incorporated herein as Exhibit A.
2. Section II "City's Obligations" shall be amended to add additional funds of Sixty Thousand Dollars
($60,000), so that the total amount of Compensation to Contractor under said Agreement and this Amendment
shall not exceed One Hundred Seventeen Thousand Six Hundred Seventy-Five Dollars ($117,675) see attached
Budget Form and Budget Narrative attached hereto and incorporated herein as Exhibit B.
3. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the date and
year first above written.
ATTEST: CITY OF SANTA ANA, a municipal
corporation of the State of California
Maria D. Huizar David N. Ream
Clerk of the Council City Manager
APPROVED AS TO FORM: "CONTRACTOR"
JOSEPH W.FLETCHER
City Attorney
By: Lisa E. Storck Hispanic Business Consultants
Assistant City Attorney By: Eduardo Figueroa
25G-3
~aF~ SAY),
TECHNICAL BUSINESS ASSISTANCE ~ ~
PROGRAM
Contract A-2010-025
SCOPE OF WORK
Service # # Santa Ana
events participants
Seminars 8 40
8 weeks course 2 50
10 weeks course 2 50
4 weeks course 8 96
Note:
Our goal is to serve a total of 130 different participants within 85 businesses. The
Spanish business courses will include both owners and managers.
Eduardo Figueroa
Program Director & Trainer
EXHIBIT - A
25G-4
BUDGET FORM
Administrative Program Total WIA Match/ln Kind
Personnel:
Salaries* 10,620.00 76,920.00 87,540.00 8,100.00
Benefits _
Other (list)* _
Total Personnel 10,620.00 76,920.00 87,540.00 8,100.00
Operating Expenses
Rent or user fee'' 14,000.00 14,000.00
Utilities _
Phones 1,402.80 1,402.80 -
Internet fees _
Parking fees _
Security _
Maintenance
Insurance 400.00 400.00
Equipment* _
Rental fees _
Purchase _
Vehicle lease charges _
Office expenses 1,550.00 1,550.00
(consumables)
Accounting Services 600.00 600.00
Legal services _
Auditing services 1,300.00 1,300.00
Indirect costs
7,750.00 2,992.24 4,757.76
(marketing)
Profit (for profits only) _
Other (books, CDs, 31,105.00 25 740.00 5 365.00
DVD, handouts,)*
Total Operating 5,252.80 52,855.00 30,135.04. 27,972.76
Expenses
GRAND TOTAL (Total
Personnel + Total 15,872.80 129,775.00 11.7,675.04 36,072.76
Operating Expenses)
EXHIBIT - B
25G-5
Budget Narrative and Expenditure Plan
Below is a narrative providing a detailed explanation of line items, the computing of
finances and the proposed Expenditure Plan.
Operations Activities Requested Narrative and Explanation
Funds
Salaries $ 87,540 HBC will leverage with a $8,100 In-Kind contribution
Trainers -coaching $ 74,540 Prepare seminars and workshops, teach, review business plans
and coach students.
Additional staff time $ 2,380 Assist participants applying information in their businesses
Coordinate marketing campaigns to promote the program, recruit
students, create a tentative class schedule. Keep track of files
Program manager $ 10,620 reports and materials. Communicate with case managers,
students, trainers and ultimately prepare an economic impact
report of the program.
Telephone $ 1,403
Prepare and send e-mails, public announcements, design, print
Program Marketing $ 2,992 and distribute flyers, place ads in local Spanish-speaking
newspapers. HBC will leverage with a $3,200 In-Kind
contribution
Other (list)
Participants' materials: $ 25,740
MEE start up kit $ 10,000 This is: 100 kits x $100 (reg. price $165) This means $6,500 in-
kind contribution.
CD &DVD $ 3,500 This is: 140 CD & DVD x $25 (reg. price $45) This means $2,800
in-kind contribution.
Business plan books $ 2,500 This is: 100 books x $25 (In Spanish)
Other books / CD $ 960 This is: 96 books / CD $10 (In Spanish)
Customer service books $ 1,960 This is: 196 books x $10 (reg. price $13) This means $588 in-kind
contribution.
This is: 96 sets x $45 Plus 100 sets x $25 These materials
Handouts & graduation $ 6,820 include: binders, with workbook, handouts of each session,
pens, name tags, name sign, etc. All participants will receive a
di loma of artici ation for the course com leted.
HBC is requesting $117,675 to serve:
96 participants through 8 intensive courses (12-hours each)
FUNDS REQUESTED $ 117,675 50 participants in two 30-hour CMEE courses
50 participants in two 24-hour CMEE courses
8 orientation seminars
EXHIBIT - B
Hispanic Business Consultants -Rapid Response/ARRA -Business Assistance Program, October 30, 2009
25G-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
? As Recommended
AGREEMENT WITH GTSI CORPORATION ? As Amended
? Ordinance on 15t Reading
TO DEVELOP COMMUNICATIONS PLANS ? Ordinance on 2"d Reading
AND TRAINING AND EXERCISE PLAN FOR ? Implementing Resolut+on
SOUTHERN PLANNING AREA ? Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager and the Clerk of Council to execute the attached agreement with
GTSI Corporation to provide administrative and technical planning support to the Southern
Planning Area and develop emergency communications plans and protocols for the region in an
amount not to exceed $2,134,762, subject to non-substantive changes approved by the City
Manager and City Attorney.
DISCUSSION
The United States Department of Homeland Security has developed the Interoperable
Emergency Communications Grant Program (IECGP). The IECGP provides funds to emergency
first responders to improve Interoperable emergency communications, including communications
in collective response to natural disasters, acts of terrorism, and other man-made disasters. The
grant specifically provides funding for the creation of plans, protocols and procedures and to
conduct training and exercises.
The only eligible sub-grantees for the FY09 IECGP local awards are the recognized Urban Area
Security Initiative's (UASI) within each of the four planning areas that are determined by the
California Statewide Interoperabillty Executive Committee (CaISIEC). The City of Santa Ana
continues to be designated as an Urban Area Core City and will handle grant administrative
responsibilities In representing the CaIS{EC's Southern Planning Area.
Santa Ana will work in collaboration with cities and counties in the Southern Planning Area that
include Imperial, Inyo, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San
Luis Obispo, Santa Barbara, and Ventura counties to implement complimentary plans, protocols
and procedures for effective Interoperable communications.
Santa Ana Ordinance No. NS-2312 authorizes the City to purchase against contracts from any
public agency utilizing a competitive bid process. The U.S. Communities Technology Services &
Solutions Contract establishes Multi Interagency Cooperative Purchasing Agreements for
Commodities, IT Goods & Services and Telecommunication Goods and Services. US
Communities agreements are available to all governmental entities that expend public funds for
25H-1
Agreement with GTSI Corporation
For Planning, Training, & Exercises
the acquisition of both goods & services. GTSI is a provider of technology products, services, and
solutions under the US Communities Contract.
It is anticipated that the current scope of services developed by the consultant will differ or
expand as the consultant coordinates planning meetings that seek stakeholder input from the
jurisdictions in the Southern Planning Area. The final determination of these consulting services
may be adjusted in writing, and executed by the City Manager and Chief of Police, and by GTSI
Corporation.
FISCAL IMPACT
Funds are available in the FY2009 IECGP Grant account 12514488-62300-10428101182. The
Santa Ana UASI Office will manage funds by way of cash advance through the California
Emergency Management Agency (Cal-EMA). The Santa Ana UASI Office will also receive 3% of
the total award in the amount of $66,024 for grant management and administration.
APPROVED AS TO FUNDS AND ACCOUNTS:
Paul M. Walters Francisco Gutierrez ~i,~J
Chief of Police Executive Director
Police Department Finance & Management Services Agency
Exhibits:
1. Agreement
25H-2
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 5`h day of July, 2010, by and between
GTSI Corporation, a Virginia corporation (hereinafter "Consultant"), and the City of Santa Ana,
a charter city and municipal corporation organized and existing under the Constitution and laws
of the State of California (hereinafter "City").
RECITALS
A. City, acting through the Santa Ana Police Department in its capacity as a Core City and
lead agency for the Anaheim /Santa Ana Urban Area under the FY07 Urban Az•eas
Security Initiative ("UASI"), has applied for, received and accepted a grant fiom the
United States Department of Homeland Security, which developed the Interoperable
Emergency Communications Grant Program (IECGP) to provide funds to emergency
fizst responders to improve interoperable emergency communications, including
communications in collective response to natural disasters, acts of terrorism, and other
man-made disasters, by specif tally providing funds for the creation of plans, protocols
and procedures, hereinafter referred to as "the Grant".
B. The City desires to contract with an expert in the field of bringing the California
Statewide Interoperability Executive Committee (Ca1SIEC) Southern Planning Area
(SPA) initiative into compliance, as appropriate, with the California State
Communication Interoperabiiity Plan, National Emergency Communication Plan and
z•elated communication interoperability national best practices and lessons learned.
C. Consultant represents that they have the necessary skills and experience to provide
assistance in developing such public safety interoperable communications.
D. Consultant has submitted a Proposal which identifies the scope, tasks and general time
lines for providing the services and the costs thereof.
E. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services perfozmed by Consultant under this
Agreement will be perfozmed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, inconsideration of the mutual and respective promises, and subject to the
teams and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide Administrative Planning Support, Professional Staff
Planning Support, and Technical Planning Support as required to the Southern Planning Area
in accordance with Consultant's Proposal, attached hereto as Exhibit A, and incorporated by
reference. All services required hereunder shall confozm in all respects to standards for such
public safety interoperable communications development issued by the U.S. Department of
Homeland Security.
Page 1 of 8
25H-3
The parties anticipate that additional planning meetings, training and exercises will be
planned and executed during the term of this Agreement. The City Manager and Chief of
Police for the City of Santa Ana are hereby authorized to approve such additional meetings,
training and exercises, in writing, as they detezmine will fulfill the objectives of the Grant.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement
shall not exceed $2,134,762.00 during the term of this Agreement.
b. Payngent by City shall be made within thirty (30) days following receipt of proper
invoice evidencing the completion of milestones as set forth in Exhibit A, subject to City
accounting procedures. Payment need not be made for work that fails to meet the standards of
performance set forth in the Recitals that may reasonably be expected by City.
3. USE AND OWNERSHIP OI<' DOCUMENTS
It is understood by and agreed to between the parties that all documents, outlines,
materials distributed during classes, and any other r~vritten papers or• materials prepared for the
presentations hereunder, paid for with Grant funds, or composed utilizing information provided
by Santa Ana, shall be the property of Santa Ana and shall be delivered to Santa Ana upon
completion of the services hereunder. Santa Ana shall grant Consultant a license to utilize such
property for its own business purposes so long as such use is not contrary to the interests of Santa
Ana.
4. TERM
This Agreement shall commence on the date first written above and terminate on
satisfactory completion of all training and exercises and submission of required evaluation and
After Action Reports to the City, which the parties agree should be substantially complete on or
before May 31, 2011.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salazies
and wages, employer's social security taxes, unemployment insurance and similar taxes relating
to employees and shall be responsible for all applicable withholding taxes.
Page 2 of 8
25H-4
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a• Commercial General Liability Insurance, Consultant shall maintain commercial
general liability insurance naming the City, its officers, agents, volunteers, and employees as
additional insureds) and shall include, but not be limited to protection against claims arising
from bodily and personal injzuy, including death resulting there from and damage to property,
resulting from any covered act or occurrence arising out of Consultant's operations in the
performance of this Agreement. The amounts of insurance shall be not less than the following:
single limit coverage applying to bodily and personal injury, including death resulting there
from, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall
supply City with a fully executed additional insured endorsement to be approved in form by the
City Attonney.
b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labar Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
. performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
c. Professional Liability Insurance. Consultant shall pz•ovide professional liability (errors
and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and
not less than $2,000,000 annual aggregate.
d. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and effect for
the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
(iii} Certificates and policies shall state that the policies shall not be canceled without
thirty (30} days prior written notice to the City. Ten (10) days notice if
cancellation is due to non-payment of premium.
e. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement.
Page 3 of 8
25H-5
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, and special counsel froze liability for personal injury, or just compensation, arising
out of claims for personal injury, including heal#h, and claims for property damage, to the extent
they arise from the negligent or willful misconduct in the performance of operations or ez~•ors or
omissions of the Consultant or its contractors, subcontractors, agents, employees, or other
persons acting on their behalf which relates to the services desczibed in section 1 of this
Agreement,
Inasmuch as measures to prevent or mitigate the effect of any act or terrorism are unique
to the act, and the actions that maybe taken in controlling, preventing or suppressing acts of
terrorism are unique to the act, Consultant is not responsible to City for designing or advising on
or otherwise taking measures to prevent oz• mitigate the effect of any act of terrorism or any
action which may be taken in controlling, preventing, suppressing or in any way relating to an '
act of terrorism.
8. CONFIDENTIALITY
If Consultant receives from the City infozxnation which due to the nature of such
informa#ion is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less #han reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreemen#. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a} has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c} is in rightfizl
possession of the Consultan# without an obligation of confidentiality (d) is zequir•ed to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
1 Q. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons;
Page4of8
25H-6
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 198$
Santa Ana, CA 92702-19$8
Telefacsimile (714) 647-6956
With courtesy copies to:
Santa Ana Police Department
UASI /Homeland Security Division
60 Civic Center Plaza
P.O. Box 1981 (M-97)
Santa Ana, California 92702
Telefacsimile (714) 245-8745
Attn: Enrique Esparta
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (VI-29}
P.O. Box 1988
Santa Ana, California 92702
Telefacsimile {714) 647-6515
To Consultant: Michael Hargrave
GTSI Corporation
2553 Dulles View Drive, Suite 100
Herndon, Virginia 20171
Telephone {951) 693-1810
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of
calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
i
11. EXCLUSIVITY AND AMENDMENT i
i
i
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
teiTns of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any teems or conditions of any purchase order or other instrument that are inconsistent
Page 5 of 8
25H-7
with, oz• in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each patty to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be corisidered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay
Consultant compensation for ail services performed by Consultant prior to receipt of such notice
of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product completed as of such date, and in such case such work
product shall be the property of the City unless prohibited by Iaw, and Consultant consents to the
City's use thereof for such puzposes as the City deems appropriate.
i
b. Payment need not be made for work that fails to meet the standard of pez~ormance
speci#ied in the Recitals of this Agreement.
14. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the reczuitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affnms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
IS. NRISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the
validity, intez•pretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties fiirther
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
Page 6 of 8
25H-8
IG. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the prevision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ma and all other governmental agencies. Consultant shall notify the City
inunediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
17. CONSULTANT CERTIFICATIONS
a. Audit Records -With respect to all matters covered by this agreement all records
shall be made available for audit and inspection by the City, the grant agency and/or their duly
authorized representatives for a period of three (3) years from the termination of this Agreement.
For a period of three years after final delivery hereunder or until all claims related
to this Agreement are finally settled, whichever is later, Consultant shall preserve and maintain
all documents, papers and records relevant to the services provided in accordance with this
Agreement, including the Attachments hereto. For the same time period, Consultant shall make
said documents, papers and records available to City and the agency from which City received
grant funds or their duly authorized representative(s), for examination, copying, or mechanical
reproduction on or off the premises of Consultant, upon request during usual working hours.
b. Consultant shall provide to City all records and information requested by City for
inclusion in quarterly reports and such other reports or records as City may be required to
provide to the agency from which City received grant funds or other persons or agencies.
c. Section 504 of the Rehabilitation Act of 1973 (Handicapped} - A11 recipients of
federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act).
Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives
assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be
excluded from the participation in, be denied the benefits of or be subject to discrimination,
including discrimination in employment, in any program or activity that receives or benefits from
federal financial assistance. The Consultant agrees it will ensure that requirements of The Act
shall be included in the agreements with and be binding on all of its contractors, subcontractors,
assignees or successors.
d. Americans with Disabilities Act of 1990 - (ADA} Consultant must comply with
all requirements of the Americans with Disabilities Act of 1990 (ADA}, as applicable.
e. Political Activity -None of the funds, materials, property, or services provided
directly or indirectly under this agreement shall be used for any partisan political activity, or to
fiuther the election or defeat of any candidate for public office, or otherwise in violation of the
provisions of the "Hatch Act".
f.. Civil Rights Compliance and Notification of Findin.~s -Consultant will comply,
and all its contractors (or subrecipients) will comply, with the nondiscrimination requirements of
the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or
Page 7 of 8
25H-9
Victims of Crime Act (as appropriate); Title VI of the Civil Rights At of 1964, as amended;
Section S44 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans
with Disabilities Act (ADA) (1990}; Title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR
Part 42, Subparts C, D, E, and G; and Department of Justice regulations an disability
discrimination, 28 CFR Part 3S and 39. In the event a Federal or State court, Federal oz• State
administrative agency, or the Consultant makes a finding of discrimination after a due process
hearing on the grounds of race, color, religion, national origin, sex, or disability against a
recipient of fiends, the Consultant will forward a copy of the findings to the City which will, in
twin, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S.
Department of Justice.
18. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify City fully, including reasonable costs and attozney's fees, for any injuries or
damages to City in the event that such authority or power is not, in fact, held by the signatory or
is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incozpozated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year ftrst above written.
CITY OF SANTA ANA, a municipal
Corporation of the State of California
ATTEST:
Maria D. Huizar DAVID N. REAM
Clerk of the Council City Manager
APPROVED AS TO FORM: GTSI CORPORATION
JOSEPH W. FLETCHER
City Attoz~zey
By:
Ryan O. Hodge MICHAEL HARGROVE
Deputy City Attorney
Tax ID#
Page 8 of 8
25H-10
I
EXn~a~tA
25H-11
Santa Ana Police Department
Proposal for
Inte~ope~ability Communications
Consulting, Phase II
Customer Contact:
Sgt. Henry Esparta
(714) 245-8729
eespaiza@santa-ana.org
GTSI Contact:
Michael Hargrove
(951)b93-1810
michael.hargrove@gtsi.com •
m
Date:
May 13, 2010
GTSI Corp. Gnu M(ssivn. Yours,
2553 Dulles View Drive
Suite 100 '
Herndon, VA 20171-5219
800-999-GTSI
www. tsi.com
This proposal includes data that shall not be disclosed outside Santa Ana police Deparduent and shall not be drrpltcated, used, or disclosed--in
whole or in part
fa• any purpose ocher than to etia/uate tlNs proposal. If, lwtvever, a contract is awarded to this o,~'eror as a :esuU of--or in
connection wish-the suburissfon oj'thts data, Satrta Ana police Deparhnent shall hme the right to duplicate, rrse, or disclose the data to the
extent provided in the resulting cartract. This restriction does not limit the Santa Ana Police DeparUnent right to use injonnation contained in
this data if it is obtained
fran another source without restriction The data ,nrbject to this restriction are contained in the sheets marked with the
following legeiul: "Use or disclosure of
the data coutai~red oar this sheet is subject to the reshictions o~J the title page of this proposal. "
25H-12
.SnntnAnnPoliceDepnrituent
Ltteroperabilit3r Cannnuticntions Cottsnlting, P/tnse II
one AiisSioq, yours, GTSI-IO-]Z549 vI.O
Table of Contents
1 GTSI CORP
.......1
1.1 THE GTSI TEA1r1
2 DESCRIPTION OF ~VORK .........................................................................................................................1
.....,.1
2.1 PROJECT MANAGEMENT PLAN
..........................................................................1
2.2 CO~'IIvIUAIICATIGNS INTEROPERABILITY STRATEGIC PLAN DEVELOPb~1~IT
2.3 GOVERNANCE ...................2
.......,.....~1
CFIARTER
2.5 GOVERNANCE STRUCTURE ......................""""""""""••'•'•••••5
j
2.G GRANTALLOCA'ITONVIETHODOL ....................................................6
OGY
2.7 CALSIEC SUPPOIiT .............................................................7
..................8
.S DEVELOP l~1ULTI-YEAR TRAINING AND BYERCISE PLAN ...........................................................................9
2.9 DEVELOP SPA COMMUNICATIONS IN'1'EROPHRABILITYTRAINING 1tEQUIREh1ENTS
2. l ODEVELOP STANDARDIZED COIvIMUNICATIONS iNTEROPERr1BILITY USER COURSE MODULES .................10
2.11 DEVELOP STt1NDARDILED CURRICULUi4i DESIGN DGCUIviENT WITH FOCUS ON CG&GIdUNICATIGNS
INTEROPERABILITY CERTIFICATIGN
. ...12
2.12DELIVERABLES
2.13 ACCEPTANCE CRITERIA •-....13
3 PROJECT PRICING ..................................................................................................................................13
3.1 GFS - GTSI FINANCIAL, SERVICES . ......................................................................................................14
3.2 INVOICING SCHEDULE
14
4 PROJECT MANAGEMENT PLAN
....15
5 PERFORA~IANCE OF WORK
5.1 ESTIMATED PERIOD OF PERFOR,IIANCE, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,15
..15
$.2 LGCt1TIGN F V
o ` oRx
.......1 G
5.3 HOURS OF WORK
6 CHANGE CONTROL ................................................................................................................................lb
..,................16
7 GENERAL ASSUMPTIONS,,,,,,,,,,,,,,,,,,,,,,
................................................................................................17
-i-
GTSt Confdentiat and Proprietary. Use or disclosure of the data contained on this sheet is subject to the resirictlars on the true page of This
propasol.
25H-13
f Snnla pitta Police Depprinrent
~ " Ltieroperabllli3~ Comnunrlcatlmts Consrtltiag, Pkasell
One bliss~ort. Yours. GTSI-10--12549 v1.0
1 GTSI CORP.
GTSI is a recognized IT solutions leader, focusing exclusively on Federal Government, state and
local governments, and large systems integrators worldwide, For more than25 years, GTSI has
been delivering maximum value to our clients by employing industry leaders, developing
solutions to meet client-specific challenges, and by teaming with global IT leaders such as
Microsoft, Cisco, Sun Microsystems, Symantec, HP, Panasonic, and IBM. We combine our
experienced engineers, broad range of products and services, and our extensive contract portfolio
to best support our clients.
1.1 The GTSI Team
GTSI provides a wide range of professional services in support of enterprise software, enterprise
storage, enterprise servers, networking and communications, mobile and wireless and physical
security. GTSI engineers provide our clients with the expertise necessary to design, build, and
maintain complex network infrastructures in support of today's information dependent
applications. Our technical experts assess, design, implement, and manage IT infrastructure
solutions that provide consolidated environments that support critical data flows over multiple
networks •
The GTSI Focused Partner Program is a direct result of our experience in providing IT solutions
to the government for more than 25 years. To provide total IT solutions, we have formed
partnerships with product vendors and professional services providers that meet exacting criteria
in providing the best support to our clients. We engage partners that share the GTSI vision to
provide products, services, and complete solutions who not only understand our client's
missions, but the regulations, qualifications, clearances, budgets, deadlines, and metrics behind
them as tivetl•
For this effort, GTSI is teamed with Willdan Homeland Solutions, Anaheim, CA, {herein called
"the GTSI Team") to provide the subject matter expertise required for this effort.
2 DESCRIPTION OF WORK
2.1 Project Management Plan
The GTSI Team will create and confirm with the Southern Planning Area's {SPA) Project Team
a Project 1vlanagement Plan {PIP} that includes a Project Charter, Scope, Governance Nlodel,
Deliverable Schedule, Risk Management Plan, Change Management Plan, Communications Plan
and Project and Financial Reporting Plan. The completion of the PMP is cri#ical to creating a
well developed schedule and ensuring mutual understanding, communications and acceptance.
The PMP will be developed in claw coordination between the GTSI Project Manager (PNI) and
the SPA Primary Point of Contact {POC) upon successful completion of a fully executed contract
and the issuance of anotice-to-proceed. The PMP will be presented and discussed at a Kick-Off
Meeting with the SPA Project Team within twenty {20) work days after contract signing: The
Kick-Off meeting will address:
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GTSI Cor fdenttcrl and Proprietary. Use or disclosure of the data contained on this sheet is subject io the restrictions on the title pnge of this
proposal.
25H-14
s Smtttr Arta Police DeparUaettt
Lrteroperability Cotttnrnuicatiotts Cousrtlli»g, Plisse II
One Mission, Yours. GTSI--IO-12599 v1.0
• The SPA's overall vision of the project
• The validation of proposed schedules, tasks, milestones and deliverables as outlined in
the draft Project Management Plan
• The process for scheduling stakeholder meetings, as needed or required
• The pre-scheduling of Bi-Weekly Status Meetings
• The process for the collection of all relevant master plans, studies, needs assessments,
prior reports, memos, letters, surveys, FCC documents/ licenses, presentation materials
and other information as may be required or deemed relevant
• The PMP and approvall acceptance
• The GTSI Team will document, publish and maintain the minutes for all project team
meetings and make them available as electronic copies to meeting participants.
Upon conclusion of the Project Management Plan and for the duration of the project, project
status meetings will be conducted on a bi-monthly (twice per month) or on an as needed and
agreed upon basis on the calendar days agreed to at the Project Kick-Off meeting. These status
meetings will occur with the SPA Primacy POC and will include discussion of the project's
overall status, the project schedule, any known or anticipated schedule issues, project risks,
financial status and action items. Project Status Reports will document these meetings and can be
distributed to the SPA's Project Team to ensure they remain informed of the progress of the
project,
2.2 Communications Interoperability Strategic Pian Developmenf
The development of a five (5) year Communications Interoperability Strategic Plan (Sh•ategic
Plan) will consist of several different Tasks, as outlined below, and would include high-level
solutions/recommendations and a phased approach to implementation which would include near,
mid and long term goals and objectives. The GTSI Team will conduct several different forms of
outreach, to include meetings, personal interviews and electronic data gathering (surveys) with
key people within the respective Urban/ Operational Areas within the SPA, in order to determine
and establish the operational requirements and needs for the SPA and inform the Urban/
Operational Area representatives of the details of the project. As part of the Strategic Pian
development we will gather and analyze documentation such as current plans, lYIOU's, Mutual
Aid Agreements and SOP's to help understand and establish key relationships as they relate to
the SPA and we will also examine the requirements laid out in the National Response
Framework, CaISCIP, NECP and the NFPA in order to ensure compliance. The SPA Strategic
Plan will specifically support the Ca1SCIP. We suggest that the SPA Primacy POC identified in
. the Project Management Plan actively support this activity so that project communication with
the Urban/ Operational Areas can be recognized as coming from the SPA. The outreach effort
will provide a basis on which to develop recommendations and options to be approved by the
SPA and incorporated into the Strategic Plan.
Strategic Plan
In coordination with the SPA, the GTSI Team will develop a Strategic Plan, which will serve as
a roadmap for a logical, phased approach for:
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GTSI Confrdenttal and Proprietary. Use ar discloscrre of the data contained on this sheet is subject to the reshictions on the title page of this
proposal.
25H-15 .
~'l, Sattla Aua Police Deparlttrenl
Liferoperabilily Comnuuticalio~ts Cottsttlliag, P/case 1/
one i~uss;cxr. roars. GTSI--IO-12549 vI.O
• Developing a Cha?ter with By-laws
• Developing a governance structure that mirrors the Ca1SIEC and meets the requirements
outlined in the Cal SLIP, NECP and SAFECOM best practices
• Developing appropriate MOU's, Joint Powers Agreements as required
• Establishment of a Ca1SIEC SPA Liaison responsible for:
o The coordination and implementation of all CaISIEC requirements
o Attending CaISIEC and State level meetings
o Grant oversight
o Assisting with the development of policy and procedures within the SPA
Governance
As part of the Strategic Plan development, the GTSI Team will develop recommendations for the
implementation of a SPA governance structure, along with best practice recommendations for
processes and procedures for discussion/ decision among the SPA leadership. This initiative will
support and be in compliance with the Ca1SCIP, the NECP, and SAFECOlbI best practice
governance models• We will make use of the information provided in Deliverables 3 and ~4 of the
current SPA contract in order speed up the development of the governance options and
recommendations. Based on the findings and recommendations developed during the outreach
process and decisions by SPA senior leadership, the GTSI Team will incorporate the governance
development process into the Strategic Plan. The GTSI Team will ensure that requirements for i'
annual updates are incorporated into the Strategic Plan so that goals and objectives and grant
budgets and fiscal requirements can be updated.
Near, Middle and Long Term Goals and Objectives
The GTSI Team will develop a recommendation for a phased five (5) year implementation plan ~
which reflects near, middle and long term goals and objectives. This will enable the SPA to
develop budget and grant request tivhich support the Strategic Plan. The programmatic approach
will enable the SPA to perform a cost analysis of the five (5) year strategic plan, identify costs
that would be grant eligible, provide budgetary estimates and to identify those areas where they
might develop grant applications on a Regional basis far submission to CaISIEC/ CaIEMA. The
development of the goals and objectives will enable rough order of magnitude cost for the five
year period covered by the Strategic Plan to be developed and as the SPA moves forward in the
execution of the Plan, more definitive budget estimates can be developed in support of grant
request.
CaISI1t;C Liaison Support
The GTSI Team will develop the requirements and justification for a permanent CaISIEC
Liaison position for the SPA to provide administrative support and to coordinate the activities of
the governing body and manage day-to-day issues within the SPA. The CaISIEC Liaison tivould
be responsible for the daily operations of the SPA interoperability efforts, including coordinating
and managing the use of the interoperability spectrum, and implementation oversight for the
initiatives outlined in the CaISCIP and the SPA Strategic Plan. These duties would fill the role of
an Interoperability Coordination Office (ICO). This includes developing and delivering reports
and briefings, coordinating various governmental initiatives related to public safety
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GTSI Co~dential and Proprietary. Use or disclosure of the data contained on this sheet is subject !o the restrictions on the tide page of this
proposal.
25H-16
Smtta Atra Police Department
hrleroperablllty Comnuutlcatlotts Cotrsulting, Plrase II
OnoMissfan.Yau~a GTSI--10-12549 v1.0
interoperability communications, attending CaISIEC and State level meetings and assisting
subcommittees and Working Gtoups• The Ca1SIEC Liaison would be responsible for maintaining
and tracking the status of the SPA's compliance with the SPA Strategic Plan.
Narrow-Banding
The GTSI Team wi11 establish the requirement for compliance of the SPA Urban/ Operational
Areas with the FCC mandated narrotiv-banding requirements for all frequencies under 700 MHz,
develop the current status of narrow-banding for all agencies affected by the FCC mandate and
incorporate recommendations for compliance with the mandate into the Strategic Plan. The GTSI
Team will incorporate that relevant information concerning nac7ow-banding, to include the ~
process for tracking and validation and confirmation of Urban/ Operational Area narrow-banding
status, which was developed during the. current contract, into the Plan. These recommendations
twill be reflected as the goals and objectives for narrow-banding in the Strategic Plan. ~
Multiyear Training and Exercise Plan
The GTSI Team tivill develop a Multiyear Training Plan, for inclusion in the Strategic Plan,
which will provide for accomplishment of a standardized communications interoperability first
responder training curriculum and courses of instruction based on NIMSI ICS protocols and
procedures. The Multiyear Training and Exercise Plan will be a companion document to the
Strategic Plan.
SPA Communications interoperability Training Requirements
The GTSI Team will define the communications interoperability training requirements for each
operational and urban area, consolidate those requirements and develop the standardized training
requirements for the SPA.
Standardized SPA Curricu}um Design Document with Focus an Commun}cations
interoperability Certification
The GTSI Team tivill develop for the SPA a NIMS/ ICS compliant standardized core curriculum
for initiating/ implementing communications interoperability for Law enforcement, Fire EMS
and Non-Public Safety field users and communications center/ dispatch personnel which will
enable them to understand and implement interoperable communications when required
Standardized Communicatiais Interoperabi}ity User Courses
The GTSI Team will develop NIMS/ ICS compliant standardized communications
interoperability user courses for field and communications/ dispatch center users in the following
areas: Law Enforcement, Fire/EMS, Non-public safety agencies such as Public Works.
2.3 Governance
The GTSI Team will develop recommendations for the implementation of a SPA governance
structure, along tivith best practice recommendations for processes and procedures for discussion/
decision among the SPA leadership. This initiative will support and be in compliance with the
California Statewide Communications interoperability Plan (CaISCIP), the National Emergency
Communications Plan (NECP), Federal Communications Commission {FCC) Directives and
-4-
GTSI Confidenllal and Praprietrny. Use o+• disclosure of the data contained at thrs sheet is subject to the restrictioiu on the title page of tGis
proposal.
25H-17
SaalaAsaPoliceDeparlntettt
Ittle~operablllty Cotwuttttlcations Cotrsrtltlitg, PJ~ase II
one Mustoo. yours. GTSI--10-12549 v1.0
SAFECOi1t1 best practice governance models. Having worked throughout the SPA during the
current contract, the GTSI Team will be able to utilize established relationships with the SPA
membership and the Urban/ Operational Areas, a working knowledge and understanding of the
SPA governance needs and challenges and make use of the information provided in Deliverables
3 and 4 of the current SPA contract, in order to speed up the development of the governance
options and recommendations.
The authority of the SPA governance structure should be narrow in scope and related only to
defined operability/ interoperabiliry communication activities, such as equipment standards,
training and evaluation, directives controlling compliance with NItI~IS/ICS standards and
allocation of funds received for the region (for example the allocation of grant funds}• The by-
laws will outline specific requirements for grant administration/ management, the development,
submission and prioritization of investment justifications, the development of grant request,
tracking and allocation/distribution of grant fiords.
Additionally, the GTSI Team tivill conduct several different forms of outreach, to include
meetings, personal intet•views and electronic data gathering (surveys) with key people within the
respective Urban/ Operational Areas within the SPA, in order to determine and establish the
operational requirements and needs far the SPA, and inform the Urban/ Operational Area
representatives of the details of the project. We feel that an active outreach program at this point
in the development of governance will aid in establishing awareness, promoting buy-in of the
project in its earliest stages, improve participation and increase the amount and accuracy of the
information gathered.
2.4 Charter
The NECP Objective 1 and CaISCIP Goal 1 specifically require the establishment of formal
decision making structures and clearly defined leadership roles to coordinate emergency
communications capabilities and interoperable communications planning. Successful governance
structures require the establishment of a chatter which clearly identifies and authorizes the
governing body and establishes a cleat vision, mission and goals and ob}ectives. Associated with
the chartet• is a clear set of by-laws which establishes the membership, voting requirements and
the responsibilities of the individual members, makes provision for funding responsibilities!
procedures and provisions for change to the Charter, if required.
Recognizing that one of the primary functions of the SPA governing body will be to develop,
justify and allocate the distribution of grant funds in support of communications interoperability,
the GTSI Team will develop and recommend to the SPA for incorporation into the Charter By-
laws amethod for measuring ail proposed projects competing for grant funding based on grant
governance requirements, ability to meet interoperabiliry criteria at local, Regional, State and
Federal levels and that project's ability to meet SPA goals. Based on that measurement,
representatives will vote in accordance with the Charter By-Laws for the projects to be awarded
funding at a regular or special meeting of the SPA Governing Body.
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GT.Sf Confiderrtia! acrd Proprietary. Use or discJosrn•e of the data contained on this sheet is subject to the restrictions on the title page of this
proposal.
25H-18
Santa Aua Police Departnretrt
lnteroPeiability Conrrrurnieatlons Consrriting, PJrase II
One Mission. Yours. GTSI-10-12599 vl. D
The GTSI Team will provide to the SPA a draft Charter with By-Laws for their approval which
will enable the SPA to establish a charter and By-Laws tivhich:
• Identifes vision, mission, goals and objectives
• Identifies the roles and responsibilities of members
• Establishes by-laws, voting and membership requirements
• Establishes Committee Membership and meeting requirements
• Ensures compliance with local ordinances and laws
• Establishes and publishes timelines, pz•eliminary funding and the criteria for the
prioritization and distribution of grant funds
• Establishes a method for measuring and prioritizing all proposed projects competing for
handing based on grant governance requirements ,and ability to meet interoperability
criteria at the local, regional, state and federal level
• Provides a process that supports and is in accordance with CaIEMA/ CaISIEC and
Federal grant procedures and which ensures SPA compliance with grant zequirements
and timelines
• Establishes a repositozy for format agreements (1bi0U's, MOA's, JPA's, Mutual Aid
Agreements between and within the SPA
• Coordination and liaison with Ca1SIEC and attending CaISIEC and Ca1SIEC State
Meetings and providing reports back to the SPA members.
2.5 Governance Structure
As indicated in Section 2.4 above, the NECP Objective I and Ca1SCIP Goal 1 specifically
require the establishment of formal decision making structures and clearly defined leadership
roles to coordinate emergency communications capabilities and interoperable communications
planning. An integral part of governance which is established and institutionalized in the Charter
is the actual governance structure, which reflects the governing body and supporting committees
that make up the decision and approval authority for the SPA. The GTSI Team will develop a
recommended governance structure supported by a Charter and By-Laws, which meets the
requirements established by the NECP, Ca1SCIP and SAFECOM guidance, based on a working
group framework, which includes a centralized decision making authority for the SPA and which
will decentralize the local decision making ,authority for Urban Areas and Operational Areas.
The authority of the regional governance structure should be narrow in scope and related only to
defined operability/ interoperability communication activities, such as equipment standards,
training and evaluation, directives controlling compliance with NIlYiS/ICS standards,
coordination of exercise requirements and managing/ administering the allocation and
distribution of grant funds.
Typically the governance structure is made up of an executive committee, which is generally
considered to be the governing body, and the several committees, usually operational and
technical committees, which provide the subject matter expertise and monitor the current state as
well as provide recommendations on needed improvement and projects, and ad hoc committees
which are designated for specific requirements or needs. The recommended SPA governance
structure will consider any unique political, operational or technical issues, be framed in
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GTSI Coy fdential and Proprietary. Use or disclosure of the data contained on this sheet is subject to the restrictions on the title page of This
proposal.
25H-19
~ • Snx1n Arrn Polree Departrueut ,
L Ixleroperability Commrw/cntiars Carsrr/titrg, P/tnse lI
one Mi~la~. Yours. GTSI-10-12549 Y7.0
accordance with the Charter and By-laws and will satisfy the requirements established by the
NECP, Ca1SCIP and SAFECOM guidance. The proposed structure will be designed in such a
way that all Urban and Operational Areas will be represented as part of the governing body. It
will address and support the requirements for grant management/ administration, grant request
and prioritization for the allocation and distribution of grant funds received for the SPA region.
2.6 Grant Allocation Methodology
The SPA has been designated through the CaiEMA/ Ca1SIEC to serve as Governing Body and
Subject Matter Experts for communications interoperabiliry needs/ requirements and
coordination within the SPA and to develop SPA funding requirements in support of those needs.
Associated with that responsibility is the requirement for the SPA to develop budget/ grant
requirements and budget/ grant justification in support of those requirements, a methodology for
allocating and distributing those funds once received and the tracking/ verification of fund
expenditures to ensure compliance with grant guidance, financial management guidelines and
overall SPA objectives. When there is competition for those funds received, the SPA would be
responsible for the prioritization and allocation of those funds and the associated oversight on
how those funds were expended. •
The GTSI Team will develop and recommend to the SPA a specific methodology for measuring
and priot•itizing all communications interoperability proposed projects competing for funding
within the SPA. The methodology will be based on grant governance requirements and the
projects ability to meet communications interoperability criteria required to be in compliance
with the NECP, DHS/ SAFECOM Best Practices, CaIEMA/ CaISCIP requirements and that
project's ability to meet SPA interoperability goals, The methodology will address the
development and submission of Investment Justifications to CaISIEC/ Cal EMA•
Based on that measurement, representa#ives will vote for approval/ acceptance of the projects to
be awarded funding at a regular or special meeting of the SPA, as spelled out in the governance/
by-laws. A methodology will be developed and incorporated into the governance by-laws for the
allocation/distribution of funds based on funds made available to support those projects. In the
event grant funds are provided to the SPA as a whole, the SPA will serve as the authority to
determine the distribution of grant fiends for projects meeting the goals of the region. A
methodology for measuring and reporting the execution of those funds will be provided to the
SPA, The methods used to award, distribute and track funds will be described in the governance
by-laws. The methodology wil! include:
• Process for establishing requirements based on communications operational/
interoperability needs within the SPA
• Process for developing/ determining the funding requirements/ needs to meet NECP,
CaISCIP, SPA established goals and objectives and communications interoperability
within the SPA
• Process for the development of the Investment Justifications
• Process for the prioritization of the Investment Justifications
• SPA voting requirements
• Process for the SPA acceptance of grant funds
-7-
GTSI Col fdenrial and Proprietary. Use or disclosure of the data contained on thrs sheet rs subject to the restrictions on the rifle page of this
proposal.
25H-20
StrtunAtrrt Police Deparhnettt
Ltterope>•nbilily Conuuuuications Constdling, Plurse X!
ane Missloo, vows. GTSI-l0-12549 vl.D
• Establishment of fiduciary/contracting agency
• Process for the allocation/ distribution of gtant funds
• Fund expenditure tracking
• CaISIEC Reporting Requirements
2.7 Ca1S~EC Support
The Ca1SIEC has imposed requirements on the SPA which require support and coordination to
ensure that all requirements are met and tracked and that SPA responsiveness is current. The
requirements become even more demanding with the requirement to create, submit and
administer/account for grant funding. The GTSI Team will develop the requirements and
justification for a permanent Ca1SIEC SPA Liaison position for the Ca1SIEC SPA to provide
administrative support to the SPA and to coordinate the activities of the governing body and
manage day-to-day issues within the SPA. The position could be either a full time fitnded
position for the SPA or be provided by contract services. The Ca1SIEC SPA Liaison duties
would include:
• Support of SPA daily interoperability efforts/ operations and management of priorities
• Coordinating communications interoperability initiatives and funding efforts to include
grant administration /management.
• Maintaining a data base of MOU's, MOA's, JPA's, Mutual Aid Agreements and other
agreements
• Developing meeting schedules/ agendas and providing minutes back to the Executive
Committee
• Coordinate activities with CaIEMA/ Ca1SIEC, Urban/ Operational Areas
• Ensuring compliance with the National Response Framework, CaISCIP, NECP and
National Fire Protection Association (NPPA)
• Acting as a conduit for information flow between the Ca1SIEC/ Cal Eiv1A and the SPA
and the respective Working Groups, Executive Committee, and Urban/ Operational Area
members as appropriate.
• Monitoring progress, challenges, and accomplishments made on achieving the goals and
initiatives outlined in the Cal SIEC SPA Strategic Plan
• Bitiefing the status of the initiatives and tasks to the SPA Chairperson, the Executive
Committee, and Working Group meetings as appropriate,
• Coordinating and managing the use of the interoperability spectrum
• Developing and delivering reports and briefings
• Coordinating various govetnrnental initiatives related to public safety interoperability
communications
• TICP/ CASM Updates
• Exercise/ Training- Planning, Coordination, Support
• Ilriaintaining Inventory of Voice and Data Systems
• Creating, maintaining and updating a SPA Website for use of SPA members
-8-
GTSI Confidential and Proprietary. Use or disclosure ojthe data contained on this sheet is sirbjeet to the restrictions on the title page ojthis
proposal.
25H-21
SantnAnn,l'oliceDepnrtrrteat
~ ` Lrteropeinbilit}' Can»xuticntians Cousrrltitrg, Pknse 7I
Ore Atissfon, Yaurs. GTSI-70-]2549 vL0
2.8 Develop Multi-year Training and Exercise Plan
The Strategic Plan should address all of the areas which impact the impravement to
communications intecoperability within the SPA. As outlined in the DHS/SAI;ECOM
Interoperability Continuum, interaperable communications training and exercises is imperative
in accomplishing the highest levels of communications intecoperability. The successful
implementation of communications intecoperability requires not only technology and operational
protocols and procedures but it also requires that all first responder personnel, be thoroughly
knowledgeable, trained and exercised in the use of the equipment and the procedures that must
be utilized to effect communications intecoperability.
The most effective method to begin development of a training and exercise program is through
the conduct of a Training and Exercise Planning Workshop (TEPW). The TEPW is a forum for
ultimately developing the SPA Multiyear Training and Exercise Plan. This plan ~vili allow SPA
stakeholders as a whole to translate communications goals and priorities into specific objectives
and exercises, as well as collaborate and coordinate current and future training and exercise
activities. Our project team will work closet wi
y th the SPA and Urban/ O erational Ar
stakeholders and tivill conduct multiple regional TEPWs in ozder pto determine
?•egional/operational area 1) training and exercise priorities; 2) training and exercise program
goals and objectives, and 3) develop a multiryear schedule of training and exercise events that is
HSEEP compliant.
The analysis of the information from the regional/operational area TEPWs will be synthesized
into one overarching SPA Multiyear Training and Exercise Plan. This plan will detail a multiyear
training and exercise schedule that is coordinated across the Southern Planning Area, to include
each Urban/ Operational Area and the State of California. Additionally, the GTSI Team Gvil]
ensure 1) the communications-focused exercise schedule is coordinated with regional emergency
management exercise initiatives to allow for opportunities to sync exercises; 2) ample time to
implement a corrective actions program; and 3) structure the exercise schedule around a
comprehensive building block approach.
Development of the SPA Multiyear Training and Exercise Plan will be the first in the series of
steps utilizing HSEEP methodology and the building block approach. Although each exercise
type (i.e., workshop, tabletop, and full-scale) can be executed as a single activity, the greatest
benefit can be achieved through abuilding-block approach to exercises that exposes exercise
participants to gradually increasing levels of complexity. An effective exercise program uses a
combination of exercise types to effectively accomplish exercise specific objectives and program
goals. It does not always proceed from least complex to most complex, but builds upon lessons
learned from previous exercises.
• Coordinate and facilitate one (1) planning meeting in advance of the TEPW
• Provide meeting minutes from the planning meeting
• Develop a TEPW invitation letter, if needed
• Develop TEPW Read-Ahead Materials to be sent out prior to conduct, approximately two
(2) weeks
• Send out invitation to all invitees via email, track as needed
-9_
GTSI ConJideluial and Proprietary. Use or disclosrve of the data contained oar thls sheer is subject to the restrictions on the title page of this
proposal.
25H-22
j~ .Santa Axa Police Deprrrlnrettt
~L= Irrteroperability Cautntt?ticatioas Cottstrltittg, Pltase II
one Mips?on. vows. G7•SI--10-12549 v7.0
• Produce exercise participant badges, ta61e tents, signage
• Develop and reproduce copies of TEPW Materials in sufficient numbers far all attendees
• Provide a lead facilitator and one (1) exercise support personnel during TEPW conduct
• Produce a PowerPoint presentation for the TEPW
• Produce a 1~Iulti-Year Training and Exercise Plan within 30 days of the TEPW
completion
• Provide five (5) hard copies and one {1) CD-ROM copy of the Multi-Year Plan and
submit to the SPA stakeholders
• Prepare all documents in accordance with HSEEP standards
2.9 Develop SPA Communications Interoperability Training
Requirements
As a follow-on to the training gap analysis conducted by the GTSI Team on The previous
contract, which identified that there are no established standardized basic interoperable
communications training courses offered at the National or State level that address basic
knowledge and practical skills in interoperable communications between municipalities, between
regions, and with mutual aid agencies from outside the regions, the GTSI Team will define the
communications interoperability training requirements for each operational and urban area,
consolidate those requirements and develop the standardized training requirements for the SPA•
At the core of this process are the questions of what skills and knowledge are present and what
skills and knowledge are needed or desired. The GTSI Team will conduct an outreach process
through surveys and personal visits which will identify those specific requirements. We will then
utilize National best practices, National and State policies, desired training topics and
knowledge, skills and abilities based modules to develop these requirements. for use in the
development of a training curriculum to address the identified interoperable communication
training gaps. Based on the comments in this document, WHS will develop a logical set of
standard interoperable communications training topics and knowledge, skills and abilities
necessazy to effectively use and or provide interoperable communications capabilities across the
SPA. This will be multi-agency, multi-disciplinary and include the communications
infrastructure, as well as communication protocols and incident management processes. This will
ensure that communications interoperability protocols, procedures and processes are
standardized across the SPA.
2.10 Develop Standardized Communications Interoperability User
Course Modules
The GTSI Team will develop standardized communications interoperability user course modules
for field and communications/ dispatch center users in the following areas:
• Law Enforcement
• Fire/EMS
• Non-public safety agencies such as Public Works
-10-
GIST Confrdenrial rnrd Proprietary. Use or dlscTosrrre of the data contained on thts street is subject to the reslrictions an the title page of this
proposal.
25H-23
~~x SnntaAuaPoliceDepnrhtteel
Ltleropernbility~ Comttnuticnliotts Cottsrdlittg, Plrnse77
One Mission, Yovrs GTSI-IO--72549 vI.0
The GTSI Team will analyze the SPA's needs and identify training goals. The SPA will need a
standardized training course that is generally accepted across the SPA and meets the
requirements defined by the Urban /Operational Areas within the SPA. The training goals
should equip the learner's with the knowledge and skills necessary to meet the SPA and
individual organization's needs. The goals should also identify who should attend the training
and a time frame to conduct the training. The training will be submitted for approval to the
Department of Homeland Secur it H
y (D S) because federal grant fiords are being used to fund the
project. The course will also be submitted to a state sponsor, e.g. P.O.S.T., for approval.
Once the course is developed it will be presented to training oversight agencies, such as Peace
Officers Standards and Training or various Fire Chief's Associations, to be included as pact of
academy curriculum for newly hired public safety personnel. This would reduce the need for
additional training once the selected learner's were taught the initial course. The training course
could also serve as a state and national model for interoperable communications training once the
curriculum tivas established, approved and certified by DHS. Based on information gathered
during the requirements definition process, the GTSI Team 4vi11 be prepared to provide an
additional two user courses in addition to those identified below. The following deliverables
would be completed far communications interoperability user courses for field and a
communications/ dispatch center users:
• Law Enforcement -The GTSI Team will develop for the SPA a SEMS~IIVIS/ ICS
compliant standardized course for initiating/ implementing communications
in#eroperability for Law enforcement Public Safety dispatch and field users which will
enable them to understand and implement interoperable communications tivhen required.
The curriculum will provide basic knowledge and practical skills in mutual aid
communications, intra and inter agency, between conventional and trunked systems; and
conventional mutual aid communications from outside the operational area and SPA.
Additionally mutual aid communication curriculum will utilize existing mutual aid
agreements and applicable communication standard operating procedures and standards,
to create a baseline of core communication capabilities. WHS will approach this task by
developing a logical set of standard interoperable communications training topics and
knowledge, skills and abilities necessary to effectively use and or provide interoperable
communications capabilities. At the core of this process are the questions of what
standard operation procedures, skills and knowledge are present and what standard
operation procedures, skills and knowledge are needed or desired. WH5 will ensure that
National best practices are incorporated into each course.
• Fire/EMS -The GTSI Team will develop for the SPA a SEMS/NIrVfS/ ICS and NFP
1221 compliant standardized course for• initiating/ implementing communications
interopecability for Fire and/or' EMS dispatch and field users which will enable them to
understand and implement interoperable communications when required. The curriculum
will provide basic knowledge and practical skills in mutual aid communications, intra and
inter agency, between conventional and trunked systems; and conventional mutual aid
communications from outside the operational area and SPA. Additionally mutual aid
communication curriculum will utilize existing mutual aid agreements and applicable
communication standard operating procedures and standards, to create a baseline of core
-Il-
GTSI Confrdential m:d Proprtetmy. Use a• disclosrn-e of the data corrtarned on this sheet is subject to the reslrtcttons on the title page of this
proposal.
25H-24
~ Snutrr Ana Police Departtxenl ~
Interoperability~ Comttuuticatiotts Catsrrltitrg, Pltase II
one btisst6o. yours. GTSI-lO--!2549 vI.O
communication capabilities. WHS will approach this task by developing a logical set of
standard interoperable communications training topics and knowledge, skills and abilities
necessary to effectively use and or provide interoperable communications capabilities. At
the core of this process are the questions of what standard operation procedures, skills
and knowledge are present and what standard operation procedures, skills and knowledge
are needed or desired. WHS will ensure that national best practices are incorporated into
each course.
• Non-public safety agencies such as Public Works -The GTSI Team will develop for the
SPA a SEMS/I~lIMS/ ICS compliant standardized course for initiating/ implementing
communications interoperability for non governmental agencies {NGO) and Public
Works dispatch and field users which tiviil enable them to understand and implement
interoperable communications when required. The curriculum will provide basic
knowledge and practical skills in mutual aid communications, intro and inter agency,
between conventional and #runked systems; and conventional mutual aid communications
from ou#side the operational area and SPA. Additionally mutual aid communication
curriculum will utilize existing mutual aid agreements and applicable communication
standard operating procedures and standards, to create a baseline of care communication
capabilities. WHS will approach this task by developing a Logical set of standard
interoperable communications training topics and knowledge, skills and abilities
necessary to effectively use and or provide interoperable communications capabilities. At
the core of this process are the questions of what standard operation procedures, skills
and knowledge are present and what standard operation procedures, skills and knowledge
are needed or desired. WHS will ensure that national best practices are incorporated into
each course.
2.11 Develop Standardized Curriculum Design Document with
focus on Communications Interoperability Certification
The GTSI Team tiviil develop far the SPA a SEMS/ NIiVIS/ ICS compliant standardized
Curriculum Design Document for initiating/ implementing communications interoperability for
Law enforcement, Fire EMS and Non-Public Safety field users and communications center/
dispatch personnel which will enable them to understand and implement interoperable
communications when required. The curriculum will provide a basic knativIedge and practical
skills in mutual aid communications between municipalities, bet?veen regions, and with mutual
aid agencies from outside the SPA. WHS will approach this task by developing a logical set of
standard interoperable communications training topics and knotivledge, skills and abilities
necessary to effectively use and or provide interoperable communications capabilities. At the
cote of this process are the questions of what skills and knowledge are present and what skills
and knowledge are needed ot• desired. WHS will ensure that National best practices ate
incorporated into each course. If the training is going to be implemented using grant funds, such
as IECGP funding, it would be necessary to have the course approved by the Department of
Homeland Security (DHS). Federal course approval requites a state sponsor, e.g. P.O.S.T., and
has specific conditions fot• course approval, which typically include State approval of the course
prior to being presented to DHS for certification. The GTSI Team will facilitate the certification/
approval process on behalf of the SPA.
- 12-
GTSI Corrfrdential and Proprietary. Use or disclosure of the data corrtaiaed on This sheet Is subject to the reshictior>s oK the title page of this
proposal.
25H-25
f ~+~y SatatrrAttaPoliceDeparlrttettt
v IuleroPerabililJ~ Comnuuticmliwts Cousrtltrng, Pkrrse II
onr Miss~om roues. GTSI->D-12549 vL0
The curriculum will provide the following for each cotuse module developed:
• Pu3•pose
• Attendance Requirements
• Course Objectives
• Training Content and Time Plan
* Instructor Qualifications
• Instructor to Student Ratio
• Method of evaktation
• Course materials
• Course equipment
2.12 Deliverables
• The completion and acceptance of the Project Management Plan will complete
Deliverable 1.
• The completion and acceptance of the Ca1SIEC SPA Strategic Plan will complete
Deliverable 2.
~ The delivery and acceptance of a SPA Charter will complete Deliverable 3.
• The delivery and acceptance of a SPA Governance Structure will complete Deliverable ~F.
• The delivery and acceptance of a SPA Grant Administration Process will complete
Deliverable S.
• The delivery and acceptance of a recommended description for a CalS1EC SPA Liaison
will complete Deliverable 6.
• The delivery and acceptance of a Multiyear Training and Exercise Plan will complete
deliverable 7.
• The delivery and acceptance of the SPA Communications Interoperability Training
Requirements Document will complete deliverable 8.
• The delivery and acceptance of the law enforcement communications interoperability
user courses for field and communications/dispatch center users will complete
deliverables 9 through 10.
• The delivery and acceptance of Fire/EMS communications interoperability user courses
for field and a commrmications/ dispatch center users will complete deliverables 11 and
l2.
• The delivery and acceptance of aNon-public safety communications interoperability user
courses for field and acommunications/ dispatch center users will complete deliverable
13•
• The delivery and acceptance of a Standardized Currieuh?m Design Document will
complete Deliverable 14:
2.13 Acceptance Criteria
Upon completion of the deliverables detailed in Section 2.12, the GTSI Project Manager will
supply a form for the signed acceptance of this project.
-13-
GTSI Confidential and Proprietary: Use or disclosro-e of the data contained on this sheet is subject to fire restrtettons on the title page of this
proposal.
25H-26
SarrlaArraPoliceDeparbnetil
Ltleroperabilit~~ Coltrsrtuticntiotis Cotrsrr/llrtg, Prase ll
one b1~551on. Yours. GTSI-YO-12549 v1.0
3 PROJECT PRICING
The official GTSI quotation (Quote, QUT5073288) can be found as an attachment to this
proposal containing all products and professional services required to accomplish the tasks
outlined in this proposal. The total project puce is offered on a fum fixed basis for a total of I
$1,714,682.00 for the work specifically defined herein.
Should any additional services be required for the scope within this proposal or that are outside
of the scope of this proposal Santa Ana Police Department shall execute a Change Order
according to the process listed in Section (6) below.
3.1 GFS GTSI •~+`inancial Services
GTSI Financial Services will provide you with a range of turnkey payment options that allow
you to quickly deploy state-of--the-art IT infrastruchrres tivhile preserving capital funds or
mission-critical initiatives.
Payment Options:
Rates shown are provided for the purpose of customer discussion only, and are contingent upon
completion of Contracts, Credit and Management approvals. All payment options are subject and
include Non-Appropriation of Funds
O tionsr _ Yeats: i Total Cost ' Payments:
1,714,682 , Annual $857,341
0.90% . 3 1,714,582 ' Annual ; $576,682
.
2.90% 5 1,714,682 Annual $362,827
This purchase may also be available for customers structuz•ed options as well.
.Examples:
• Deferred cash options up to lyr at 0%
• Customer down payment, then next payment in nest fiscal year
• Deferred payments up to b months
• 3 ar 5 annual, semi-annual or quarterly payment in advance
• X payments at $0, then semi-annual payments for 3-5 yeaz•s
• $2IVI transaction, with annual payment in arrears at $2M
• $2.4M at 0%, 5 years, with payments in September, January and June
. • Funding all IT with one single invoice keeping payments fixed over years using
interesting bearing escrow accounts.
3.2 Invoicing Schedule
GTSI will invoice Santa Ana Police Department for the professional services outlined within this
proposal as each deliverable is received by the California Southern Planning Area (SPA). A list
of the milestones/deliverables for the project and the associated fee for each is presented below.
-14-
GTSI Confidential ai:d Proprietary. Use or disclosure of the data cantairred on this street is subject to the restrictions on the tale page of this
proposal.
25H-27
~Sl~ Santa A,ta Police DepRrtuteut
Interoperab!!!ty Co»ttuanticalions Co~rstrlting, Pllase7i
one Atiss!ort, vows. CTSI--IO-12549 v1.0
An acceptance certificate will be submitted with each final deliverable for the SPA's signature.
Each deliverable will be considered complete upon the SPA's signature of its associated
acceptance certificate.
Table t: In~•oicing ~lilestanes
T.~skfDeaivetabte Price
Project Mana ment $ 425,378.00
CaiSIEC Southern Plannin Area Stz•ate •c Plan $ 414,720.00
Ca1SIEC SPA Charter $ 34,560.00
Ca1SIEC SPA Governance Structure $ 34,560.00
Grant Administration/ Mana eznent Process $ b9,120.00
Ca1SIEC SPA Liaison $ 34,560.00
Multi-Year Trainin and Exercise Plan $ 15,120.00
SPA Communications Intero rabili Trainin Re uiz•ements $ 165,888.00
Standardized SPA Curt•iculum Desi Document $ 17,280.00
Law Enforcement Communica#ions Intero rabilit Users Course $ 71,928.00
Law Enforcement Communications/ Dis a#cli Center Users Cow•se $ 71,928.00
Fire/EMS Communications Intero rabifi Users Course $ 71,928.00
Fn•e/EMS Communications/ Dispatch Center Users Couuse $ 71,928 00
Non- Public Safe Communications Intero crab' ' Users Cotuse $ 71,928.00
Communications Intero rabiiity User Courses (2 included) $ 143,856.04
Total $1.,714,682.fl0
Santa Ana Police Department shall pay GTSI within Net 30 days upon receipt of an invoice.
4 PROJECT MANAGEMENT PLAN
GTSI tivill monitor all aspects of the contract, from initiation of a task to final solution delivery,
while maintaining open communication channels between Santa Ana Police Department staff,
managemen#, and project personnel. The GTSI Project Manager ("GTSI P11tI"} tivill work with
project leads to ensure that the project is completed on-time with appropriate personnel. Using a
work breakdown structure method to prepare and monitor task deliverables, the GTSI PM will
execute based on a current, detailed overview of the work requirements of the project's task
areas at all times.
5 PERFORMANCE OF V~ORK
5.1 Estimated Period of Performance
GTSI estimates the project will begin in June 2010 and be completed by January 2011, barring
any delays outside the control of GTSI. The CTSI PM and the designated Santa Ana Police
Department POC will develop a mutually agreeable project start date post award. Post award the
-15-
GTSI Car~identiat arut Proprietmy. Use w• disclasrae of the data contained on this sheet is subject to the restrictions on the Title page of this
proposal.
25H-28
~ SattlnAttrtPolrceDeparUtteitl
y~ m Itrleropernbilily Catttnuttticaliotts Cottsttltittg, Pltase II
One Mfsslaa Yours, GTSI--10-12549 v1.0
GTSI Project Manager will work directly with the Santa Ana Police Department POC to
establish delivery dates for the professional services outlined within this proposal.
5.2 Location of Work
Work on this effort will be primarily performed at the Willdan offices or SPA member facilities.
5.3 Hours of V~ork
Work may be performed at the Santa Ana Police Department site from 8:OOA.M. to S:OOP.M,
excluding all observed Federal holidays. Any required weekend or non-business hour tivork may
require additional funding or may incur higher billable rates and must be coordinated through the
GTSI Team with a modification of this proposal prior to execution.
6 CHANGE CONTROL
The pricing and project schedule are based on project scope. Any changes to the project scope
after contract award are subject to GTSI's Change Control Process as managed by the GTSI PM.
All changes will be agreed to in writing and approved by GTSI and Santa Ana Police
Department prior to any work force efforts.
Should GTSI or Santa Ana Police Department want to change any Task, Deliverable, or
Acceptance Criteria, the GTSI PM will follow standard change control procedures. GTSI will
complete all work authorized under change control on atime-and-materials or fixed-price basis,
dependent upon which contract type is most appropriate. Time and Materials will be charged at
GTSI's then current rates.
The objectives of change control are to:
• Assess the impact of scope changes on project schedules, resources, and pricing.
• Provide a formal vehicle for approval to proceed with any changes to the scope of work
of this proposal.
• Provide a record of all material changes to the original proposal.
If GTSI oi• Santa Ana Police Department requests a change impacting the cost of or time for
performance, as determined by GTSI in its sole discretion, GTSI and Santa Ana Police
Department will review the request through our change control process set forth in the proposal
and subsequent contract award. For each change, GTSI will complete a change request foam and
provide the completed form to Santa Ana Police Department. Both GTSI and Santa Ana Police
Department will approve the change request detailed in the form, including the impact of the
request on the schedule, resources, and the price of the project, before GTSI will make then enact
the request. When Santa Ana Police Department accepts the Change Form, Santa Ana Police
Department will modify its purchase order and such other documents as requested by GTSI,
when applicable. If Santa Ana Police Department does not accept the request, including the
impact on the schedule, resources, or price, than the Parties will complete their obligations with
respect to the project as set forth in this proposal.
- lb -
GTSI Cor~dential and Proprietary. Use or disclosure of 8:e data contained on this sheet is seabject to the restrictions on the tide page of this
proposal.
25H-29
Strn/n Arta Police Deparfnrettt
Interopern6ilily~ Corrrnrrurieatioas Consrrltirrg, Prase II
floe Mission. Yours. GTSI-10--12549 v1.0
7 GENERAL ASSUMPTIONS
• The information in this document is based on the most recent information available to the
GTSI team. The scope of work and associated costs in this document may be adjusted
should new oz• more detailed information become available regarding the project. The
most recent Proposal at the time of contract will govern performance.
• The information provided in this document is based on customet• specification and
requirements provided by the Santa Ana Police Department, and are developed based on
and in accordance with the OEM specifications.
• No members of the GTSI team, unless specifted elsewhere in this proposal, are required
to hold current and active security clearances or citizenships to assist in execution of this
project.
• Santa Ana Police Department will provide the GTSI team tivith an onsite contact for the
duration of the project. • •
• Santa Ana Police Department will provide the GTSI team with adequate security access
to perform the project, including facility access, network access and device access.
• Santa Ana Police Department will provide the GTSI team with adequate documentation
to perform the project, including facility diagrams, nehvork diagrams and configurations
and device diagrams and configurations.
• When required, Santa Ana Police Department will provide the GTSI team timely access
to appropriate resources within the Santa Ana Police Department facilities, including, but
not limited to: related employees, vendors, developers, consultants, work space, training
space, staging space, hardware, software, nehvork connections, test data and live data.
Any material delay in providing such reasonable accommodations shall be considered a
delay on the pat•t of the Santa Ana Police Department.
• Santa Ana Police Department will ensure that adequate HVAC is in place to support
standard working conditions and the operation of the installed Hardware/Software.
• Santa Ana Police Department will provide information as requested by the GTSI team in
a timely fashion, including completing and returning all GTSI-provided templates. The
GTSI team will not be responsible for any delays caused due to failure by Santa Ana
Police Department to supply information requested by the GTSI team for this project.
Any down time not the fault of the GTSI team will be billed in addition to the price
proposed.
• This proposal is valid for a period of thirty {30) days from receipt of proposals.
• Santa Ana Police Department authorizes the use of the GTSI Subcontractor named in this
proposal
• Santa Ana Police Department authorizes the OEM products and sohrti4n proposed as per
Client requirements.
• GTSI assumes that all information contained within the proposal to be true and correct to
the best of the knowledge of GTSI and all partners. Based on that assumption, pricing is
being provided as per the requirements. If during the performance of this contract any
discrepancies are identified, GTSI may choose to accept the additional work or submit a
change order proposal to the Government.
17-
GTS! Cw fdentiat and Proprietary. Use or disclosure of the data contained on this sheet is subject to the restrictions on the title page of'thrs
proposal.
25H-30
% ~ Smrtn Aria Police Depart?rrerrt
~ " Irtirroprrnbility Corrr?rxruicatioirs Corrsrrltirlg, Plrnse IC
Ono fiAissloa Yours. GTSI--10-72549 Y]• 0
• All deliverables will be set up with a corresponding schedule or as set forth within the
proposal GTSI will make every effort to deliver within the timeframe as set forth. If,
howevet•, there are unexpected changes made by the Government that impede the
schedule, GTSI will be forced to request an extension to the period of performance. If
delay is more than three {3) days, such delay may result in a request for additional
compensation for delay of performance.
• All requests for l~iodificatians or Changes Orders shall be submitted in written form and
be mutually agreed upon prior to execution.
• GTSI assumes that reports and/or deliverables (except as noted within our technical
proposal) will be submitted in electronic format. Formal, bound reports are not included
in the Proposal price. Should requirements arise for the submission of formal, bound
reports, GTSI shall propose subsequent pricing as appropriate.
• The GTSI proposal is dependent upon deliverables being received and reviewed within
ten (10) business days. Delays beyond ten (10} business days, unless agreed to prior to
deliverable submission, shall be considered delays on the part of the Government. GTSI
may seek compensation for these delays.
• Deliverable Acceptance Process. Due to the nature of a firm fixed price contract, written
deliverables shall be delivered to the Contracting Officer's Representative (COR) by
GTSI in accordance with the time frames set forth in this proposal. Prior agreement
regarding written deliverable content and format shall precede performance and shall
govern acceptance of the final written deliverable. At the completion of the
Government's review {within the time frame specified herein), the COR will promptly
provide a single, conclusive, in#egcated set of consolidated comments to the GTSI Project
)Vianager wi#hin 10 days (or as otherwise mutually agreed in advance) after receipt of
each deliverable. If any comments identify changes desired by the COR, which do not
constitute errors or omissions based on the requirements provided to GTSI by Santa Ana
Police Department, COR acknowledges and agrees that any change requested may result
in an upward or downward equitable adjustment in the contract price, delivery schedule,
timeframe far performance, or other affected terms of the contract. Such changes may not
be made unilaterally by the COR, but rather as mutually agreed to by the parties. GTSI
shall be entitled to seek an equitable adjustment and COR agrees to modify the contract
accordingly,
• Each deliverable shall 6e presumed accepted ten (10) days after receipt by the COR,
unless the COR otherwise notif es GTSI of nonconfozmance.
• The GTSI offer is limited to only those areas that are proposed.
• Requests by GTSI for resources and/or meetings will be acknowledged by an authorized
representative of Santa Ana Police Department to include an estimate of time required to
make available the requested resources should resources be required.
• All meetings involving GTSI shall be conducted at mutually agreed times and locations
between Santa Ana Police Department and GTSI without unreasonable delay. Bath
Parties will make available appropriate personnel to provide maximum value to the
meeting.
-18-
G7S! Confrde~rtlal aiut proprietary. Use ar disclosure of the data contained on this sheet is subject to the restrictions on the title page ojthfs
proposal.
25H-31
Srttttrr.4ua I'ollce Departurenl
Lileroperabiliiy Connrrrrrrlcntlons Cottsaltleg, Pli~rse II
one M;~ton. tours. GTSI-10-I2S49 v1.0
• Any modifications proposed to the scope within this proposal must be negotiated and
approved by both parties in writing prior to work continuing.
• All support and deliverables will be provided in United States English.
• GTSI assumes that there will be only one Santa Ana Police Department Project
Coordinator assigned to lead each task order and who will enjoy full support from Santa
Ana Police Department senior management. Under this arrangement it is assumed the
appropriate Santa Ana Police Department personnel will be available on a timely basis to
work with GTSI representatives, and that management will provide authority to the Santa
Ana Police Department Project Coordinator sufficient to support the fill scope of the
project.
• Any enhancements to, or modifications of, any software or hardware utilized in the
support of the project not covered in this proposal will be negotiated as a separate price,
• Should the engagement terminate early for any reason whatsoever prior to completion of
the GTSI Services, nottivithstanding which pa~•ty terminates, Santa Ana Police
Department agrees to pay GTSI for all GTSI Services performed by the GTSI Team in
accordance with the proposal, either invoiced ar to be. invoiced but to date unpaid (fees,
expenses, milestone payments), up to the effective date of termination.
• Personnel Security Requirements: Upon award, DD2S4 documentation, if required,
should be forwarded to the GTSI Facility Security Office. All other clearance
documentation oi• requests can also be forwarded to the Facility Security Office.
Email: security.clearance office ctgtsi com
Address: 2553 Dulles View Drive
Suite 100
Herndon, Virginia 20171-S2I9
Attn: Facility Security Office
Telephone: 703-463 -5136
• Please be advised that only a GTSI Contract Manager has the authority to negotiate
changes to price, performance, deliverables, schedules, specifcations, or terms outlined
in this proposal. Furthermore, the GTSI Contract Manager will finalize all proposals for
signature by the Director of Contracts.
-19-
GTSI Cot~denlial and Proprietary. Use or disclosure of the data cantalned orr this sheet is srrbJect to the resrrlctrons on the title page of this
proposal.
25H-32
7~J V f 2553 Dulles View Dr, Suite 900
' GTSI Corp. 1-800-g99•GTSIf7f
customerorders(c~gtst.com
ales Quotation vnvw.gtsi.com
To: Henry Esparza Reference No: Quotation QUT5073288
CA - CETY OF SANTA ANA Proposal No: 10-12549 Date: 12-MAY-2010
P) 714-245-8729 Govt. Contract # : RQ09-997736-42D
E Ship Via: GROUND Sales Rep.: ROWENA HELGESEN
eesparza@santa-ana,org Phone: 703/502-2601
CUSTOMER 20067802
FAX: 703/463-5894
USA
LINf# GTSI PIN Manufacturer Item Description Unit Price Quantity Extended Price
CLIN Mfg PIN Contract Vehicle
t}t)i 699733 GTSI NETWORK
SERVICES 1NTEROPERABIUTY COMMUNICATIONS
CONSULTING $1,714,682.00 1 $9,714,682.00
41030
R009-997736-42D
SUBTOTALS : $1,714,682.00
T'~ ~ $0.00
TOTAL : $1,714,b82.00
FINANCING OPTIONS AVAILABLE:
This purchase may also be available for lease or fnancing. Rates shown are provided Financing Option:
for the purpose of customer discussion only, and are contingent upon completion of 3 Annual Payments: $642,659.38
Contracts, Credit Approval and Management Approval. Payment Plans are subject to OR
FAR Part 32.703.3(6), Availability of Funds. 36 Mon#hly Payments: $57,774.50
For more information please call the GTSI Flnanc9al Services group at 1-88 8-39519 8 74, a-mail financtal.servlces@gtsl.com or check our website at
www.GTSLcom/services/service/financist.aspx
ATTENTION CONTRACTING
Untass otherwise specified within th(s quote or agreed to by the Salter in writing, full payment for order Is due withtn 30 days of receipt of equ€pment or services.
• The prices in this quote are valid for 30 calendar days following the Quotation date.
' Thls quote is on9y valid in its entirety and POs placed for pariiai items in a quote may be rejected.
'All orders are subject to availability.
' Any quotes containing items with Part 1Jumbers SKU TBD or 000-000 are considered budgetary quotes with estimated prices, which are not binding. please
contact your Sates Reprasantative for an updated and final quote before ptacfng an order.
' Unless otherwise stated, pricing shown formalntenance/support requires payment in fuN withtn 30 days of the Invoice date.
' All orders are subject to Return Policy: http;/hvww,gtsl.comiservicesl~eturnpa]9cy.aspx
' Electronic and information technology (EIT) listed on this quotation shall be capable, at the t9me of Its del[very, when used In accordance with the contractor's
associated documents, and other written information provided to the government, of providing comparable access to individuals with tlisabilitias consistent with the
terms and conditions applicable to this contract at the time of award, provided that any asststive technologies used with the listed EIT property tnteroperates with
it and other asslsttve technologies.
Quote Number : QUT5073288
This quolatton is submitted In confidence and contains trade secrets or conOdenrial commercial and financiaF lntormatbn exempt from disclosure by exemption 3aand 4 of the
Freedom of Information Act (FOIA) and the Trade Secrets AcL S U.S.C.A. Section 552(b}(3) and (4), f8 U.S.C.A.Section f9p5.
Do not copy or distribute any portion of ihls quotatbn to athars.wlthout noitfication to the Salter pursuant to executive order (2600.
25H-33
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GTSI COCA. ,"8no
9ss.~TSl17i
Sales Quotation customerorders@gis€.com
www.gtsi.oom
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TO ENABLE FASTER DELIVERY,PLEASE INCLUDE THE FOLLOWING STATEMENT ON YOUR AURCHASE ORDER: "PARTIAL SHIPMENT AND PAYMENT AUTHORIZED".
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Please referanco the following on your purchase order:
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25H-34
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
? As Recommended
RENEW AGREEMENT FOR ANIMAL ? As Amended
? Ordinance on 15t Reading
LICENSE FEE COLLECTION PROGRAM ? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For
~ CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager and the Clerk of Council to execute the attached agreement with
Civic Collections, Inc., subject to non-substantive changes approved by the City Manager and
City Attorney, for collection of new and delinquent dog license fees and penalties in an amount
not to exceed $100,000.
DISCUSSION
Since April 2001, Civic Collections, Inc. (CCI) has been the City's collection agency for delinquent
dog license fees, penalties, and new dog license fees. Under the terms of this agreement, CCI is
compensated in the amount of fifty percent for each dog license fee collected, fifty cents for each
new dog license sold, and fifty cents for each rabies vaccination certificate issued. CCI is
projected to generate $120,000 for the city during the fiscal year based on current estimates.
Staff has conducted extensive research into other collection agencies for the 2009-10 fiscal
years. No other dog license collection service was found that send collectors out in person to
recoup license fees and certificates from residents. Staff recommends the renewal of this
agreement as CCI has performed satisfactorily.
FISCAL IMPACT
Approval of the recommended action will enhance the Dog License revenue account (account
no.01110002 51003) in the Fiscal Year 2010-11 budget.
APPROVED AS TO FUNDS AND ACCOUNTS:
.
Paul M. Walters Francisco Gutierrez ~,,f
Chief of Police Executive Director
Police Department Finance & Management Services Agency
251-1
THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT is entered into on this day of _
2010, by and between Civic Collections, Inc., a California corporation
("Contractor") and the City of Santa Ana, a charter city and municipal corporation of the State of
California ("City").
Recitals:
A. The parties entered into Agreement #N-2008-141, dated October 15, 2008, (hereinafter "said
Agreement") by which Contractor has provided dog license fee collection services.
B. The parties entered into the First Amendment to Agreement, #A-2008-292, dated November
17, 2008, in order to adjust the compensation of said Agreement.
C. The parties entered into the Second Amendment to Agreement, #A-2009-063, dated June 1,
2009, in order to adjust the compensation and extend the term of said Agreement.
D. In accordance with the terms and conditions of said Agreement, the parties wish to extend the
term of said Agreement.
Wherefore, in consideration of the covenants contained in said Agreement, and subject to all the
terms and conditions of said Agreement, except those amended in this Third Amendment to
Agreement, the parties agree as follows:
1. Section 3, TERM, shall be amended to extend the term for an additional one-year period,
from July 1, 2010, through June 30, 2011.
2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain
in full force and effect.
1N WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement
on the date and year first written above.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR DAVID N. REAM
Clerk of the Council City Manager
APPROVED AS TO FORM: CIVIC COLLECTIONS, INC.
JOSEPH W. FLETCHER, City Attorney
RYAN O. HODGE DOUG SHAW
Deputy City Attorney Owner
251-2
REQUEST FOR
COUNCIL ACTION ,,-~s i,
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
? As Recommended
AGREEMENT FOR GOVERNMENT ? As Amended
? Ordinance on 151 Reading
LIAISON SERVICES WITH THE ? ordinance on 2"d Reading
FERGUSON GROUP OF ? Implementing Resolution
WASHINGTON, D.C. ? Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute
an agreement for government liaison services with the Ferguson Group in an amount not to exceed
$75,000.
DISCUSSION
The Ferguson Group has served as the City's representative in Washington, D.C. since 1987. The
service includes the review and monitoring of federal executive proposals and legislation, as well as
administrative rules and regulations that may affect the City. The Ferguson Group also assists the City
with grant applications and other special programs for which the City may qualify.
In the current fiscal year, the Ferguson Group assisted with appropriations for the Bristol Street
Widening Project, COPS grants, water well rehabilitation projects, Workforce Development monies,
Empowerment Zone funding and energy-saving related projects. This past year the Ferguson Group
was also instrumental in tracking federal stimulus dollars to maximize the benefit to Santa Ana.
25J-1
Ferguson Agreement
July 6, 2010
Page 2
FISCAL IMPACT
Funds are available in the Public Works Administrative Services account (no. 01104012-62300), the
Community Development accounts (nos. 57018841-62300, 57018842-62300, and 57018843-62300),
and the City Manager's Office account (no. 01104012-62302).
APPROVED AS TO FUNDS AND ACCOUNTS:
`~ARmr~nr~ ~1U.
Cyn hia J. Nels n Francisco Gutierrez .~~a
Deputy City Manager Executive Director
for Development Services Finance & Mgmt. Services Agency
25J-2
REQUEST FOR 1:_
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
? As Recommended
YOUTH PROGRAM OPERATOR AGREEMENTS ? As Amended
PROGRAM YEAR 2010-11 ? Ordinance on 1S` Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
CIT MANAGER
RECOMMENDED ACTION
1. Authorize the City Manager and Clerk of the Council to execute agreements with the following
Youth Program Operators for Program Year 2010-11 for a total of $1,080,025 for the period of
July 1, 2010 through June 30, 2011, subject to non-substantive changes approved by the City
Manager and City Attorney:
a. Orange County Conservation Corps to provide tutoring, alternate secondary school
services, work experience, occupational skills training, leadership development,
supportive services, mentoring, job preparation, and placement assistance for twenty-
three Out-of-School Youth in the amount of $285,124;
b. Orange County Youth Commission to provide tutoring, work experience, mentoring,
supportive services, and job preparation for ten In-School Youth and ten Out-of-School
Youth in the amount of $141,828;
c. Taller San Jose to provide work experience, occupational skills training, supportive
services, counseling, job preparation, and placement to twenty Out-of-School Youth in
the amount of $168,759;
d. Orange County Children's Therapeutic Arts Center to provide tutoring, work experience,
occupational skills training, leadership development, supportive services, mentoring,
counseling, and job preparation for twenty-three Out-of-School Youth in the amount of
$180,000;
e. Orangewood Children's Foundation to provide tutoring, mentoring, and job preparation
for twenty Out-of-School Youth and four In-School Youth in the amount of $130,814;
f. Santa Ana Unified School District/ROP to provide mentoring, work experience, and job
preparation for thirty-five In-School Youth in the amount of $173,500; and
25K-1
Youth Program Operator Agreements PY 10-11
July 6, 2010
Page 2
2. Authorize the City Manager and Clerk of the Council to execute the Memorandum of
Understanding with the Santa Ana W/O/R/K Center for the Youth Service Provider Navigator
service to June 30, 2011, and increase the funding by $328,495.
WORKFORCE INVESTMENT BOARD/EXECUTIVE COMMITTEE ACTION
At its Special Meeting on June 29, 2010, by a vote of 7:0 (de Leon and Korthuis absent;) the
Workforce Investment Board/Executive Committee:
1. Recommended that the City Council authorize the City Manager and Clerk of the Council to
execute agreements with the following Youth Program Operators for Program Year 2010-11
for a total of $1,080,025 for the period of July 1, 2010 through June 30, 2011, subject to non-
substantive changes approved by the City Manager and City Attorney:
Youth Program Operators
1 Orange County Conservation Corps $ 285,124
2. Orange County Youth Commission $ 141,828
3. Taller San Jose $ 168,759
4. Orange County Children's Therapeutic Arts Center $ 180,000
5. Orangewood Children's Foundation $ 130,814
6. Santa Ana Unified School District/ROP $ 173,500
2. Recommended that the City Council approve and authorize the City Manager and Clerk of the
Council to execute the Memorandum of Understanding with the Santa Ana W/O/R/K Center
for the Youth Service Provider Navigator service to June 30, 2011, and increase the funding
by $328,495.
DISCUSSION
Under the Workforce Investment Act (WIA), the Santa Ana Workforce Investment Board (WIB) and
its Youth Council are required to make funding recommendations each program year utilizing WIA
youth funds in order to provide WIA services to local qualified at-risk youth.
A Request for Proposals (RFP) seeking providers for youth services was released on February 16,
2010, and nine responses were received for the 2010-11 program year. On April 6, 2010, the RFP
Review Team met to review the proposals and make funding recommendations (Exhibit 1). These
funding recommendations have taken into account the WIA requirement to ensure that at least
thirty percent of the youth funds are spent on out-of-school youth and to serve the neediest youth
as outlined by the Department of Labor's "New Strategic Vision for the Delivery of Youth Services
under the Workforce Investment Act." Additionally, these recommendations are the first step
needed to ensure that at least eighty percent of the funds are obligated each year, as required by
the Act.
25K-2
Youth Program Operator Agreements PY 10-11
July 6, 2010
Page 3
On June 1, 2009, the City Council approved an extension of the term of the Memorandum of
Understanding (MOU) with the Santa Ana WORK Center/Youth Service Program Navigator
through June 30, 2010. The Youth Service Navigator assumes the responsibility of determining
Workforce Investment Act (WIA) youth eligibility for WIA funded programs and services, provides
technical assistance to youth service providers, shares best practice in case management,
placement, exit, and follow-up services. In addition, the Youth Service Navigator ensures the
completion and accuracy of all required forms and documentation, works cooperatively with all
youth service providers from the initial outreach, recruitment, and intake process to the successful
completion, exiting, and follow-up of all WIA youth enrolled in the Youth Service Provider Network
(YSPN). The Service Navigator Program Plan and budget for Program Year 2010-11 is attached
(Exhibit 2).
FISCAL IMPACT
Funds are available in the 2009-10 and 2010-11 budget of the Workforce Investment Act account
(no. 12318750-69135 for Youth Program Operators and 12318755-various for Youth Service
Navigator).
APPROVED AS TO FUNDS AND ACCOUNTS:
'C (~C~MC~ 1 . - ~..a~
~~l,.Cynthia J. Ison Francisco Gutierrez
Deputy Cit anager for Development Executive Director
Services Finance & Management Services Agency
Community Development Agency
CJN/LAS/DS/mlr
Exhibits: 1. Rating Summary Sheet
2. Youth Service Navigator Plan
3. Agreement
4. Memorandum of Understanding
25K-3
PROPOSAL FUNDING RECOMMENDATIONS
WIA YOUTH FUNDS FOR PY 2010-2011
YOUTH TO FUNDING
PROGRAM RANKING FUNDS RE VESTED SERVE RECOMMENDED
Orange County
Conservation Cor s 1 $ 285,124 23 $ 285,124
Orange County Youth
Commission 2 $ 141,828 20 $ 141,828
Taller San Jose 3 $ 168,759 20 $ 168,759
Orange County Children's
Thera eutic Arts Center 4 $ 180,000 23 $ 180,000
Orangewood Children's
Foundation 5 $ 130,814 24 $ 130,814
$ 173,500
Enrollment guidelines:
20% Youth with
Santa Ana Unified School Disabilities
District 6 $ 173,500 35 10% Foster Youth
Bridge pulled out of
The Bride 7 RFP rocess
Career Beginnings Mentor Funding not
Pro ram 8 Recommended
The Academy of Social Funding not
Entrepreneurship 9 Recommended
TOTAL FUNDING
RECOMMENDED $ 1,080,025
EXHIBIT 1
25K-4
The City of Santa Ana
W/O/R/K Center
M
Service Navigator Plan
Program Year 2010-2011
EXHIBIT 2
25K-5
TABLE OF CONTENTS
Executive Summary 3
Outreach & Recruitment 5
Training and Technical Assistance 5
Eligibility Determination 6
Completing JTA & MIS Forms 7
Job Development & Placement 9
Performance Management 9
Customer Satisfaction. 10
Fiscal Oversight 11
Fiscal Capacity 12
Organizational Strengths and Staff Capacity.. 13
Eligibility Flow Chart (Attachment A) 16
Staff Responsibilities (Attachment B) 18
Budget (Attachment C) 22
Budget Narrative (Attachment D). 23 i
2
25K-6
EXECUTIVE SUMMARY
The concept of the "Daisy Wheel" service delivery was adopted in 2002 by the Santa Ana Youth
Council to provide an "All Youth One System", where resources would be leveraged from a
network of Youth Service Providers now known as the Youth Service Provider Network
(YSPN). The concept allowed youth regardless of eligibility to receive services from the various
Service Providers and the Santa Ana W/O/R/K Center (SAWC). The Workforce Investment Act
(WIA) requires that ten program elements be delivered in a developmental approach to allow
youth to receive resources that will help them overcome barriers to education and employment.
The WIA ten elements require a collaborative, coordinated and sequenced approach to assisting
youth served with WIA funds.
The YSPN was formulated with this principle in mind so that no one Service Provider would
have to provide all ten elements, allow more youth to be served by the Service Providers through
other non-WIA funding streams, and to streamline services provided to youth which used to be
fragmented prior to the development of the YSPN. The YSPN consists of Service Providers that
collectively offer the ten WIA program elements in a creative and interactive manner. The
concept, as required by the YSPN, allows the Service Provider to focus on what service they
specialize in and do best. This, however, is not possible without the role of the Service
Navigator. The role of the Service Navigator is critical to promote broad-based coordination and
cooperation among all youth Service Providers and to provide the technical assistance needed to
make the network a success.
Funded through the Santa Ana Workforce Investment Board (WIB)-Youth Council and acting as
the Youth Service Navigator, the City of Santa Ana W/O/R/K Center (SAWC) assumes the
primary responsibility of determining youth eligibility, providing technical assistance, training
new providers, sharing best practice in case management, providing Labor Market Information,
overseeing the placement, exit, and follow-up services for youth, as well as being an active
member on the Youth Council Board. In addition, the SAWC ensures the completion and
accuracy of all required forms and documentation. As the Service Navigator, the SAWC will
work cooperatively with all Service Providers from the initial outreach, recruitment and intake
3
25K-7
process to the successful completion, exiting, and follow-up of all WIA youth enrolled in the
YSPN.
As the Service Navigator, the SAWC brings to the YSPN over 16 years of extensive experience
administering a variety of Federal and State funded programs. Staff is well versed in both
programmatic and fiscal requirements. As an on-going effort, the SAWC has made it a priority to
keep staff updated and trained on all State and Federal workforce legislation pertinent to various
targeted programs. Since the inception of the YSPN, the SAWC has been instrumental in helping
the Network meet the required performance measures through consistent oversight and guidance
in intake, eligibility, case management, exit, and follow-up. Moreover, through its partnership
with local businesses and organizations, the SAWC has a comprehensive realm of services and
resource available to the YSPN and the youth they enroll.
The SAWC will maintain communication with the youth Service Providers during the life of the
contract by coordinating monthly meetings with all Service Providers for program, legislation,
MIS/JTA paperwork updates, and to address any questions or concerns they may have.
Individual meetings with Service Providers will also be arranged to assist and address individual
issues or questions. The SAWC will assist with the marketing, recruitment, outreach, and
placement efforts of the YSPN. Ultimately the SAWC's goal is to provide the assistance and
tools necessary to allow the Service Providers to focus on providing streamlined services to the
youth of Santa Ana. A more detailed description on how the SAWC will function as the Service
Navigator is explained below:
i
4
25K-8
OUTREACH AND RECRUITMENT
Since the development of the YSPN, the SAWC has made it a priority to inform the public of the
services and programs available through the YSPN. Through its partnerships and collaboration
with community agencies, the SAWC has been engaged in planning and participating in
community events, job fairs, resource fairs and conducting presentations to connect youth with
the YSPN programs.
Some of the major events in which the SAWC participates include the Annual Summer Youth
Job Fair hosted by Employment Development Department (EDD), Senior Transitions Day hosted
by the Santa Ana Unified School District (SAUSD), and the World of Work Career Fair
sponsored by the Orange County Department of Education. Utilizing the relationships we have
established with the SAUSD, EDD, Orange County Probation, and the Orange County
Department of Education the SAWC has been able to deepen its outreach effort to a much
broader base of youth, parents, and educators in the community. The SAWC recognizes the
importance of marketing the entire YSPN and its comprehensive service programs. Every effort
is made to ensure that staff markets the network at all job fairs, youth oriented recruitment and
outreach events, thus, benefitting all Service Providers.
The SAWC has been able to leverage resources through the City of Santa Ana's Economic
Development Department for marketing materials and to work collaboratively with the Business
Outreach Team to promote services offered by the YSPN and SAWC.
TRAINING & TECHNICAL ASSISTANCE
For more than 10 years, the SAWC staff has successfully administered and implemented many
federally and state funded employment and training programs. As an on-going effort, the SAWC
has made it a priority to keep staff updated and trained on all State and Federal workforce
legislation pertinent to various targeted programs. Over the years, staff has kept abreast with the
latest workforce trends and legislative changes to ensure compliance with state and federal
regulations. Staff has developed comprehensive training manuals, policies, procedures and
conducted regular training for all Service Providers using a customer friendly and easily
5
25K-9
understood format. Since the inception of the Daisy Wheel YSPN in 2002, staff has also
translated various complex system measurements and mandatory reporting requirements into an
easily understood format for the YSPN Service Providers. As the Service Navigator, the SAWC
has organized and developed the following training for all Service Providers in order to stay
current and be in compliance with our state and federal regulations:
• What is WIA? • Performance Measures
• Enrollment Strategies • New Enrollment Intake
• Case Management Strategies • Case Notes
• Co-Enrollments • Exit Strategies
• Credential Information • Follow-up training
• Fiscal Invoicing • Disability Awareness
• Fiscal Responsibility • Data Validation
• Common Measures
For the past eight years, the SAWC, as the Service Navigator, has met with the YSPN on a
monthly basis to provide monthly reports and the status of their case loads. At the monthly
YSPN meetings, the SAWC reports on enrollments, activities, co-enrollment, exits, and follow-
ups. As needed, the SAWC also conducts in-service training for the Service Providers and alerts
them of any changes to paperwork as well as modifications to process and procedures. One of
the goals has been to provide the YSPN with all the tools necessary to allow them to focus on
providing services to the youth in Santa Ana. The SAWC continues to avail itself to all Service
Providers for individualized training and technical assistance. At times, when Service Providers
have experienced staff turnover, the SAWC staff readily provided needed transitional and
customized training to ensure continuity and consistency of service delivery. Examples of
training include eligibility requirements, intake process, activity setting, case management
techniques, performance management, internal Provider policies & definitions, exit strategies
and follow-up techniques. The trainings were tailored to meet the specific needs of each Service
Provider.
ELIGIBILITY DETERMINATION
The SAWC as the Service Navigator will assume the primary responsibility of determining WIA
youth eligibility in accordance with Federal, State, and local rules and regulations. We will train
6
25K-10
Service Providers on the eligibility process, provide eligibility forms, calculate participant family
income, determine participant eligibility, review and analyze participant activities, and process
eligibility JTA/MIS forms.
The SAWC has a designated Eligibility Technician with the experience and knowledge to
determine WIA youth eligibility effectively. The Eligibility Technician will review all submitted
pre-applications, determine eligibility, verifying right to work documents, reviewing or
registering young male adults to selective service, and determining income eligibility in
accordance with the Poverty Guidelines. The Technician will also ensure that proper
documentation for Equal Opportunity Grievance Procedure and Participant Grievance Procedure
are recorded for each participant. Moreover, the Eligibility Technician will review participant
activities to ensure that Performance Measures can be attained, record the participants'
information in a database in order to produce reports necessary to keep Service Providers
informed, and forward accurate JTA forms to MIS personnel.
Recommendations, suggestions or corrections are given to each Service Provider for each
participant enrolled as needed to ensure that the eligibility requirements have been met and that
enrollment goals for each program and the YSPN as a whole are reached. An Eligibility Flow
Chart is attached (see attachment A) to provide a better understanding of how eligibility is
processed.
COMPLETING JTA &MIS FORMS
The SAWC will ensure that JTA/MIS forms are completed accurately and submitted within the
allotted timeframe. We will review all JTA/MIS forms to ensure accuracies and compliance with
Federal, State, and Local guidelines. All Service Providers will be provided with computerized
JTA/MIS forms, training on completion of JTA/MIS forms, and aJTA/MIS Time Line Policy.
SAWC staff will be available to answer questions and provide technical assistance to all Service
Provider regarding any forms.
7
25K-11
JTA/MIS forms are processed in a chronological order by the Service Provider and the SAWC.
Once the application, activity form, and youth test score forms are submitted to the SAWC, it is
the responsibility of the Service Navigator to ensure that all information is accurate and the
activities match the youth's needs. In addition, the SAWC ensures the documented youth test
scores are accurate and that all forms have appropriate signatures. It is very important to track
key information from each form in order to produce reports for Service Providers, track
performance outcomes, and have the information readily available to provide guidance to the
Service Provider on how to proceed with their participants at any given period. The SAWC has
developed its own tracking database tailored to provide the above capabilities while giving itself
the flexibility and information to provide the YSPN with specialized technical assistance.
In addition to the tracking system, a reference file has been created for each youth enrolled in the
YSPN in order to track JTA/MIS forms and ensure accuracy of information. The SAWC will
make copies of the completed JTA/MIS forms and forward them to the MIS Unit for entry into
the State data system for official enrollment. Copies of the JTA/MIS forms with an official stamp
will be returned to the corresponding Service Provider.
As youth activities are closed, the Service Provider is to submit JTA/MIS forms along with data
verification, if necessary. The SAWC will ensure their accuracy, input the data into the tracking
system, duplicate the forms, and submit the forms to the MIS Unit for official recording.
Once a Service Provider is ready to exit a youth participant, SAWC is consulted to determine the
best exit strategy. The objective is to make sure that the youth has received quality and necessary
assistance to improve their situation and meet WIA Performance Measures. As the Service
Navigator, the SAWC is responsible for reviewing every exit form, requesting data verification if
necessary, obtaining post-test score forms, making sure that all activities are closed, and ensuring
that exiting the youth is in the best interest of the youth first and then to the YSPN as a whole.
Once that has been established, all exit forms and pertinent information are inputted into the
tracking system and copies are made and sent to the MIS unit for entry into the JTA system.
Follow-up services will be conducted for one year for each exited participant by the responsible
8
25K-12
Service Provider. Follow-Up forms will be submitted to the SAWC for review, for input into the
tracking system, for data verification, and to enter into the JTA system.
JOB DEVELOPMENT & PLACEMENT
The SAWC has a comprehensive realm of services available through its partnership with local
businesses and organizations. The SAWC is an integral part of the City's Economic
Development Department that is comprised of workforce development, Enterprise Zone
Programs. The Enterprise Zone programs are designed to promote business growth and job
generation by offering state and federal tax credits and highly valuable economic incentives to
businesses. Many of our Santa Ana residents including youth qualify for these tax credits, thus
providing significant bottom line savings for Santa Ana businesses. It is through all these
various links that the SAWC is able to provide the community with quality job placement
assistance and offer connections to a strong labor market. The SAWC will offer assistance and
guidance in job placement by notifying Service Providers and youth of job opportunities,
employer on-site hiring recruitments, and job fairs. SAWC will notify Service Providers daily of
new job openings via electronic mail and flyers regarding job announcements.
For the past two years, the SAWC has been an integrated one-stop service system and has
merged their resources and staffing with our various partners including EDD. This integrated
approach allows more individual assistance for our older youth to find employment. Workshops
on resume writing and interviewing techniques are just a few of the added components to help
them find employment. The SAWC also offers "ProveIt", a computerized assessment tool that
provides clients with the opportunity to assess their skills and knowledge in over 100 skills and
career interest.
PERFORMANCE MANAGEMENT
The SAWC, through its extensive experience in administering Federal and State funded
programs, understands that WIA performance management is vital to the success of the YSPN.
As of July 1, 2007 the Department of Labor (DOL), Employment and Training Administration
9
25K-13
(ETA) approved the Common Performance Measures. As the Service Navigator, the SAWC
prepared for these changes and had staff attend common measure trainings through DOL and at
the annual California Workforce Association Conferences. This is just one example of our
commitment to helping the YSPN stay in compliance and up-to-date with new regulations so the
YSPN can succeed in meeting all Federal, State, and locally mandated performance measures.
The SAWC also provided training on Common Measures to allow all Service Providers to have a
basic understanding of what Common Measures are and how they will affect them.
The SAWC will provide all Service Providers with individual exit oversight. Staff will meet
individually with each Service Provider to go over exit strategies for each youth actively enrolled
on their case load and evaluate which youth are ready to exit the program and how their exit will
impact the overall success of the YSPN. The SAWC will train all Service Providers on how to
exit and follow-up on their youth in order to comply with federal, state, and local regulations.
We will use our data base to provide reports to the Service Providers and inform them of follow-
up due dates for each participant at their 30, 60, 152 2"d 3`d and 4th quarter follow-up. The
Service Provider will also receive updated charts and data informing them of their progress with
WIA Performance Measures-individually and as a Network. This will ensure that as a network
we stay informed of our planned versus actual goal attainments and that we meet all performance
measurements.
CUSTOMER SATISFACTION
Measuring customer satisfaction has always been an integral part of the YSPN program
operation. Currently, the SAWC is responsible for monitoring and supporting continuous
improvement work teams as well as monitoring and increasing customer satisfaction for the
entire SAWC. A customer satisfaction survey tool for clients and employers has been developed
for those serviced by the SAWC. The SAWC will assist in tailoring a survey for participants
under the YSPN. All Service Providers will administer surveys during the life of the program as
youth are exited from the program. In addition, all customer satisfaction outcomes will be
reported to the Youth Council. The SAWC will create and implement a continuous
10
25K-14
improvement plan based on the results of the customer satisfaction survey. We are committed to
providing exceptional customer services and will strive for continuous improvement utilizing
data collected and by sharing this valuable information with all youth Service Providers.
FISCAL OVERSIGHT
The SAWC is responsible for processing the Service Providers invoices and reimbursement
requests. It is the responsibility of the SAWC to ensure that all Service Providers understand
that the utilization of WIA funds is to be reasonable, allowable and allocable as required by
Office of Management and Budget (OMB) circulars, Code of Federal Regulations, EDD
Directives and City of Santa Ana policies. The Fiscal Specialist provides a mandatory annual
training to all Service Providers fiscal staff regarding the necessary requirements for invoicing
their program expenses.
The Santa Ana WIB is required by federal regulation to conduct a fiscal monitoring of all
programs funded by WIA. Onsite monitoring must occur at least once during the program year,
must review fiscal records as well as policies and procedures, and provide a written report
delineating findings, any needed corrective actions, a timeline for accomplishing the corrective
actions and include any follow-up on corrective actions. The SAWC Fiscal Specialist establishes
a monitoring schedule for visiting each program operator in the YSPN. During the review,
financial records are sampled to ensure accuracy and compliance with federal, state and local
regulations. Technical assistance is offered when necessary to establish and maintain accurate
accounting procedures. SAWC fiscal staff works with the service provider's fiscal staff to
resolve any issues that arise from the monitoring. Written reports are issued indicating findings
and weaknesses. Staff follows up with the program operators to resolve findings and maintain
financial records as required by regulations.
FISCAL CAPACITY
- The SAWC is a part of the City of Santa Ana. All fiscal and rocurement o erations follow the
p p
policies and procedures of the City. As a part of the City's accounting system, the SAWC has
various account numbers assigned that relate to specific funding sources. Revenues and
11
25K-15
expenditures are coded with account numbers relating to those funding sources. Monthly
financial statements are produced based on charges to those accounts. The monthly reports
indicate the line item budget amounts, expenditures against the budget and the balance remaining
for each account and funding program.
Accounts Payable
YSPN service provider invoices with accompanying documentation are received and reviewed
by the Fiscal Specialist for allowable and reasonable expenditures and for completeness of
documentation. Any discrepancies are reported back to the Service Provider with requests for
additional documentation as needed. The invoices are assigned account numbers and approved
for payment. Community Development Agency Administrative staff prepare the request for
payment, attach the necessary documentation and forward to the Finance Accounts Payable unit
for entry into the City's accounting system. Checks are issued according to City policies and
timelines. See Attachment C -Invoice Process
~ )
General operating costs of the SAWC are processed in a similar manner. Invoices are reviewed
by the Fiscal Specialist who assigns the relevant account code based on the chart of account
established by the City. The invoices are approved and forwarded for processing and payment.
At the end of the month, expense reports are prepared by account and distributed to the various
agencies within the City.
P
As part of the City of Santa Ana, SAWC staff is paid twice a month. Time sheets are completed
by all staff indicating functions and programs that have been worked on during that particular
pay period. That information, with the accompanying account numbers, is entered into the
payroll system by the Payroll Specialist. Payroll dollar amounts are posted to the accounting
system and are reflected on the monthly financial reports.
12
25K-16
Procurement
The SAWC follows the City of Santa Ana's procurement policies as well as federal and state
regulations related to procurement. Purchase requisitions for items over $500 are entered into
the accounting system and approved by the finance staff at City Hall. Buyers from the
Purchasing Department review the requisitions and issue purchase orders following City policies
and procedures. When the goods are received by SAWC, staff compares the goods delivered to
the purchase requisition for completeness and accuracy. The purchase order paperwork is
approved, signed and returned to the Purchasing department. Payment for the goods is initiated
through the Purchasing department following City procedures.
ORGANIZATAIONAL STRENGTHS AND STAFF CAPACITY
The SAWC brings over 15 years of experience operating various federally, state and locally
funded employment and training programs, and has consistently met or exceeded performance
expectations. Listed below are some of our organizational strengths.
1. A state recognized, award-winning entity with a proven record in leadership, workforce
innovation, service integration and quality services.
2. A One-Stop Center with versatility in its service delivery that is capable of addressing the
needs of diverse target populations resulting in the diversification of multiple funding
streams.
3. Ability to effectively leverage resources across an extensive network of partner agencies
and community organization. Demonstrated fiscal stability and program sustainability over
the past 20 years.
4. Exceptional track record in successfully implementing the following programs: WIA
Adult, Dislocated Worker, Youth Formula Grants, Rapid Response, National Emergency
Grants, Governor's 15% discretionary Grants, 25% Grants, DOL Welfare-to-Work Grant,
DOL Faith-based Initiative Grant, The Santa Ana Federal Empowerment Corporation
funded -Housing and Urban Development Grant -FEZ Daisy Wheel Employment and
13
25K-17
training Program, DOL -Youth Earmark Grant, the Department of Justice -Weed and
Seed Program, American Recovery and Reinvestment Act programs for youth and adults.
5. Staff is well versed and current in all workforce legislations. Through membership in State
and national workforce associations, staff has the ability to access timely workforce
resources as well as any pending legislative changes and to share the information with
network service providers.
6. Has a fully developed internal monitoring and performance management system in place.
Comprehensive and time-tested policies and procedures manuals are updated regularly.
STAFF CAPACITIES:
Economic Development Manager: Has over 20 years of experience in government and
overseeing various federally, state and locally funded workforce and economic development
programs. Manages the various funding streams and operations of the Santa Ana WORK Center.
Serves as the Executive Director to the Santa Ana Workforce Investment Board.
Workforce Specialist III: Has a Bachelor's degree in Sociology from UC Irvine, and over 11
years of experience working in the City of Santa Ana with a special focus on serving the youth
population. Manages and oversees Youth Service Provider Network. Extensive experience in
managing performance based programs with diverse populations. Developed and fostered
collaborative relationships with youth service providers and community based organizations. Has
served as an active member of the Santa Ana Youth Council Board since 2001. Is a recipient of
the California Workforce Association "Overall Outstanding Workforce Professional" 2008.
Workforce Specialist II: Has a Bachelor's degree from Cal State University, Long Beach and
five years of experience working with customers in the workforce development field. Specializes
in community outreach, marketing, eligibility determination, assessment, case management
techniques, internal program monitoring, data management, job development and job placement.
Workforce Specialist II: Has experience with workforce services, case management, job
placement. Knowledgeable with Workforce Investment Act eligibility determination and MIS
documents. This maybe filled with current SAWC Workforce Specialist II personnel as needed.
14
25K-18
Fiscal Specialist: Has a Bachelor s degree in Business Administration -Finance from Arizona
State University. Over 32 years of accounting and budgeting experience, of which 25 years were
in budget oversight for various divisions within the City of Santa Ana. 16 years in contract
writing, oversight and monitoring for the DOL Employment and Training Administration funded
workforce programs. Thoroughly familiar with government accounting and legislative
requirements.
15
25K-19
Eligibility Flow Chart
• • • • •
Trainingone(igibility protocolis provided byYouth Service Navigator
Youth Service Navigatorsupplies and maintains eligibility forms for all Providers
Providers interview participants and havethem fill put the eligibility in-take packets
• ' ~ ~ • • ~
Providers wbmiteNgi4~iity packets to the Youth Service Navigator for eligibility review
• .
Review In-Lake packets RQStdent and Calculate Income uetermine SecondR3arrier Assign tligibiaty uate
14-21 years old
, a
Ensure that ttte youth activities match tt?eir needs
Review offtdal app5cation and activities forms to prevent inacarraaes. Ir>put information on tracking system
• • • f
Youth Service Haviaator approves and sffins youth documentation and submites to Mt5 data curter
(i
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~ t
SAW C gives a copy of off+dal enrolment forxts to Provider
i
SAIYC aeates a file for each enroNed youth to reference e~gibUty documents, M15 paperwork, and data verification.
Attachment A
25K-20
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25K-23
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25K-24
Youth Navigator Budget
Fiscal Year 2010-11
Salaries $222,285.00
Benefits $60,045.00
Total Personnel Costs: $282,330.00
Operations:
Communications $2,670.00
Training & Travel $2,310.00
Office Rent $18,205.00
Office Supplies $1,375.00
Office Operations $6,090.00
Total Operations Costs: $30,650.00
Indirect Costs $14,515.00
Supportive Services $1,000.00
Total Youth Navigator Budget: $328,495.00
Attachment C
25K-25
YOUTH SERVICE NAVIGATOR
BUDGET 2010-2011
NARRATIVE
Salaries
Salaries of $222,285 for Fiscal Year 2010-2011 are based on staffing of 3.17 FTE. The salary
figure also includes the 8% PERS employee portion paid by the City of Santa Ana as a retirement
benefit.
Staff includes:
• Workforce Specialist III 1.00 FTE
• Workforce Specialist II 2.00 FTE
• Sr. Office Assistant 0.15 FTE
• Economic Development Manager 0.02 FTE
Benefits
Benefits of $60,045 are based on the following information:
• PERS contribution of 8.4% of base salary
• Medicare contribution of 1.45% of base salary
• Medical retirement contribution of 1.75% of base salary
• Workers compensation contribution of 1.04% of base salary
• Health benefits increased approximately 6% from 09-10 to 10-11
Operations:
Contractual services are office overhead costs, which include but are not limited to telephone
costs, office rent, training and conference costs, advertising, contractual obligations, and office
supplies totaling $24,560.
Fixed charges, which include City Equipment Rental, Insurance, IS Strategic Plan and IT
Support, are assessed by the City of Santa Ana and the Community Development Agency.
Charges are allocated based on staff costs and usage, and are anticipated at $6,090.
Indirect Costs
Indirect costs are 6.53% of the full time salaries and are budgeted at $14,515 for fiscal year 2010-
2011.
Miscellaneous
Supportive services are budgeted at $1,000 for the Service Navigator. Service providers budget
supportive services for their participants in their individual budgets.
Attachment D
25K-26
i
Contract No.
AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT
THIS AGREEMENT, made and entered into this by and between '
the City of Santa Ana, a chartez• city and municipal corporation duly organized and existing under the
Constitution and laws of the State of California {"CITY") and
{"CONTRACTOR")• j
W-I-T-N-E-S-S-)C-T-H
I
Recitals:
A. CITY has been designated a Local Workforce Investment Area (LWIA) under
the Workforce Investmen Act of 1998, Public Law 105-220 ("the Act").
B. The State of California has created the LWIA to administer the Act programs
operated by the State of California pursuant to the Act.
C. As a LWIA, CITY is entitled to receive federal funds to establish programs to
prepare economically disadvantaged youths for entzy into the labor market and to provide basic skills
development to those individuals who are economically disadvantaged or otherwise face serious
barriers to succeeding in life. One goal of California's Workforce investment System is to provide
youth with the opportunities to achieve career goals that will allow them to successfully compete in the
labor market and prepare them for higher education. ~
D. CONTRACTOR is experienced in operating education, occupational
development and employment programs for economically disadvantaged youths for entzy into the labor
market ("said program").
E. CONTRACTOR is willing to operate said progz•am pursuant to the Act and
California law•
WHEREFORE, for and in consideration of the respective and mutual covenants and
promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties
hereto do hereby agree as follows:
I
EXHtB1T 3
Page l of I S
25K-27
T.
CONTRACTOR'S OBLIGATIONS
A. CONTRACTOR agrees to provide the following services pursuant to said
program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit
A" and in the Statement of Work (Exhibit B), attached hereto and by this reference incorporated
herein:
CONTRACTOR'S failure to provide said services may he grounds for CITY to readjust
the level of payment to CONTRACTOR otherwise provided for hereinafter.
B. CONTRACTOR agrees to provide benefits to individuals who participate in the
activities and services fiznded by this Agreement ("participants"} in accordance with the standards and
requirements set forth in Workforce Investment Act of 1998, Public Law lOS-220.
C• CONTRACTOR agrees to perform the services set forth herein in a professional,
timely and diligent manner.
D. CONTRACTOR shall provide wages and benefits to individuals who participate
in the activities and services fiinded by this Agteernent ("participants") in accordance with the
standards and requirements of the Act, including Section 181 of the Act.
E. CONTRACTOR shall adhere to the Labor Standards described in the Act
including Section 181 of the Act.
F, CONTRACTOR agrees to comply with the "Complaint Handling Procedures under
the WIA", attached hereto as "Exhibit C" and incorporated herein as though fiilly set forth in 20 CFR
§667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under
the Act and the procedures for resolution of any complaints. CITY's procedures for handling
complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall
be followed and any decision of CITY, the State or the federal government relating to the complaint
shall be binding and followed by CONTRACTOR• CONTRACTORS who are employers shall operate
a grievance system that incorporates C1TY's procedures for resolution of complaints relating to the
terms and conditions of employment; these procedures shall be approved in writing by CITY. I
G. As a condition of this award of financial assistance under the Act to
CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or
activities funded with fonds provided pursuant to the Act, and all agreements or arrangements to catty
out such programs or activities, that it will comply fizlly with the nondiscrimination and equal
opportunity provisions of the Act (Section 188} and compliance with Equal Employment Opportunity
provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the
requirements of 41 CFR Part 60; the Nontraditional Employment for Women Act of 1991; Title VI of
the Civil Rights Act of 1964, as amended; section S04 of the Rehabilitation Act of 1973, as amended;
the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and
with all applicable requirements imposed by or pursuant to regulations implementing those laws,
including, but not limited to, 29 CFR Part 33 and 37. The United States, the State of California and
CITY have the right to seek judicial enforcement of this assurance.
Page 2 of 15 i
25K-28
H. CONTRACTOR agrees that no participant(s) shall commence training prior to the
approval of funding pursuant to Section 123 of the Act.
I. CONTRACTOR agrees to maintain such records and submit such reports, data and
information, on the form and containing such information, at such times as CITY may request or
requite regarding the performance of CONTRACTOR'S services or activities, costs or other data,
including but not limited to, participants' attendance, payroll records and job duty statements,
CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative
Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce
Investment Act Application form (WIA EWIR) and supporting documents within 45 days of
application date; a complete Workforce Investment Act Enrollment/Registration form {WIA EWIE)
within 30 days of determination (reviewer) date; any subsequent updates to EWIE within 10 days of the
begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form
{WIA EYTS) within 30 days of application date; Workforce Investment Act Exit form (WIA EWIT)
within 15 days of completion/termination of active enrollment of trainee; and the Workforce
Investment Act Follow-Up Contact Information form {WIA EWIF) within 21 days following 30, 60,
90,180, 270, and 360 days of exit.
CITY, the State of California and the United States government and/or their
representatives shall have access for purposes of monitoring, auditing and examining of
CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR
subcontractors, bookkeepers and accountants, and employees and participants related to this
Agreement. Such agencies or representatives shall also schedule on-site monitoring in their discretion.
Monitorizag activities may also include, but are not limited to, questioning employees and participants
and entering any premises or onto any site in which any of the services or activities funded hereunder
are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be
cons#rued to require access to any privileged ar confdential information as set forth in federal or state
law.
In the event CONTRACTOR does not make the above-referenced documents available
within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessazy and reasonable
expenses incurred by CITY in conducting any audit at the location where said records and books of
account are maintained.
All accounting records and evidence pertaining to alI costs of CONTRACTOR and all
documents related to this Agreement shall be kept available at the location where CONTRACTOR
conducted the program, as well as in the County of Orange, for the duration of this Agreement and
thereafter for three (3) years after completion of an audit. Records which relate to (a} complaints,
claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b)
costs and expenses of this Agreement to which CITY, the State of California or the United States
Government take exception, shall be retained beyond the tluee (3} years until resolution of disposition
of such appeals, litigation, claims, or exceptions.
J. Without prejudice to any other section of this Agreement, CONTRACTOR
shall, where applicable, maintain the confidential nature of information provided to it concerning
participants in accordance with the requirements of federal and state law. Notwithstanding the
2 5 K-2 A Page 3 of 15
foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States
Government or their representatives, all records requested for administrative putposes, including
audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs
incurred and services rendered hereunder.
K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice/Voucher on
CITY's Invoice/Voucher form, showing in detail the amount of money already expended by
CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be
supported by such source documentation such as cancelled checks, paid bills, payrolls, time and
attendance records, contract and sttbgrant award documents [29 CFR-Subpart C, Section 97.20 (b)(6)].
CONTRACTOR agrees to submit the above-stated documents to the WIB Administrative Office, 1000
East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month
following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail
to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving
CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY
excess revenues aver costs or use such excess revenues as program income by utilizing such program
income for additional training activities authorized under the Act.
L. CONTRACTOR agrees to expend all fiends in accordance with all applicable
federal, state and local laws and regulations. CONTRACTOR also agrees to provide at
CONTRACTOR'S own expense supplies and other costs of said PROGRAM.
M. CONTRACTOR shall arrange independently for an audit that includes WIA
fiends received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A-
133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days
after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these j
requirements, CITY may at its option withhold payment of funds, ot• disallow fiords or suspend ~
additional gt•ant funds.
N. CONTRACTOR shall not expend fiends pursuant to this Agreement to provide
services to any participant where costs of training are paid for by any other person or entity.
O. CONTRACTOR shall comply with the provisions of Circular A-102 of the U.S.
Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform
Adtninishative Requirements for Grants and Cooperative Agreements to State and Local Government",
Subpart C, paragraphs 37 aztd 42, Circular A-128, and all other applicable federal statutes and
executive orders and their implementing regulations, including regulations at 29 CFR Pat•t 97.
P. CONTRACTOR shall comply with the requirements of federal regulations
found at 29 CFR 93 which provide that no appropriated fiords may be expended by the recipient of a
federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting j
to influence an officer or employee of any agency, member of Congress or an officer or employee of a
member of Congress in connection with awarding of any federal contract, the making of any federal
grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or
modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign j
a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference ~
incorporated herein, CONTRACTOR shall submit said signed certification to CITY prior to
performing any of its obligations under this Agreement and prior to any obligation arising on the part
Page 4 of 15
25K-30
i
of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement.
Q. CONTRACTOR agrees to provide adrug-free work place and to execute a
certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference.
R. CONTRACTOR in accordance with the Child Su ort Com liance Act
pp p
recognizes- and acknowledges the importance of child and family support obligations and shall fully
comply with all state and federal laws relating to child and family support enforcement, including, but
not limited to: disclosure of information and compliance with earnings assignment orders, as provided
in Chapter 8 {commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to
the best of its knowledge is fully complying with the earnings assignment orders of all employees and
is providing the names of all new employees to the New Employee Registry maintained by the
California Employment Development Department {EDD).
S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and
the federal regulations, including but not limited to the regulations found at 20 CFR part 629.
T. CONTRACTOR agrees to provide priority of services for veterans and eligible
spouses pursuant to 20 CFR part 1010 and the regulations implementing priority of service for veterans
and eligible spouses in Department of Labor job training programs under the Sobs for• Veterans Act
published at 73 Fed.Reg. 78132 on December 19, 2008.
II.
CITY'S OBLIGATIONS
A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds
are received under the provisions of the Act a sum not to exceed $ for CONTRACTOR'S
performance in accordance with the payment schedule attached hereto as "Exhibit F" during the period
of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR
as provided hereinabove.
B. CITY agrees to provide far on-site monitoring reviews of said
program operation at least #wice aruiually. In addition, monthly desk-top reviews of pertinent
information will be conducted.
C. CITY has the right to de-obligate the funds hereunder and take such funding
back from CONTRACTOR due to any of the following reasons: (a) lack of performance by
CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or {c) decrease in available
funding.
III.
TIME PERIOD OF AGREEMENT
This Agreement shall commence on 20 and all duties
arising under this Agreement shall have been performed by , 20~ .The term of this
Agreement may be extended by a waiting executed by the Deputy City Manager far Development
Services and the City Attorney.
Page 5 of 15
25K-31
IV.
INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall it be
construed to create an employer-employee relationship, a joint venture relationship, or to allow the City
to exercise discretion oz• control over the professzonaI manner zn which Consultant perfozms the
services which are the subject matter of this Agreement; however, the services to be provided by
Consultan shall be provided in a manner consistent with all applicable standards and regulations
governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, ~
unemployment insurance and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
V.
WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS
A. CONTRACTOR shall use appropriate funds received from CITY to provide
workers' compensation to all those hired by CONTRACTOR under this Agreement.
B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees
or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard
does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any
other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer.
VI.
APPLICABLE GUIDELINES
A. The parties hereto agree that CONTRACTOR shall comply with a1I applicable
federal and state laws and regulations, including, but not limited to the Performance Standards
(Exhibit B) and general program requirements described in Sections 106 and 141 of the Act {29 USC
Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and
regulations, including amendments or revisions made during the terms of this Agreement. Said
applicable Iaws are l~ereby incorporated by reference and made as part of this Agreement as though
fully set forth herein.
B. CONTRACTOR also assures and certifies that:
1. CONTRACTOR acknowledges and confrms that the U.S. Department
of Labor has established three (3) common measures for youth: (a) Placement in employment or
education; (b) Attainment of degree or certificate; and, (c) Literacy or numeracy gains. With regard to
the Summer Youth Program, the only measure is "Work Readiness". Pending WIA reauthorization
and or U.S. Department of Labor and EDD updates, CONTRACTOR agrees to implement and shall
meet any additional performance measures that may be subsequently required by the Workforce
Investment Act or by any other Federal, State, and local law.
2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of ~
1964 {P.L. 83-354) and in accordance with Title VII of the Act, no person shall, on the grounds of race,
color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the
Page G of ] 5
25K-32
benefits of, or be otherwise subjected to discrimination under this Agreement.
3. CONTRACTOR shall comply with any and all federal laws limiting the
political activity of employees hired under this Agreement•
4. CONTRACTOR shall comply with the requirements that no pz•ogram
under the Act shall involve political activities.
5. RECORD INSPECTION. CONTRACTOR shall provide the U.S.
Department of Labor and the Controller General, by and through any authorized representative, as well
as the WIB Administrative Office, access to and the right to examine ail records, books, papers or
documents relating to the accounting and use of fitnds under this Agreement for a tluee-year period
from and after the effective date of this Agreement.
6. No person with responsibilities in the operation of any program under the
Act shall discriminate with respect to any program participant or any application for participation in
such program because of race, creed, color, national origin, sex, political affiliation or beliefs.
7. CONTRACTOR shall maintain appropriate standards for health and
safety in work and training situations.
8. CONTRACTOR shall comply with general provisions, assurances, and
certifications attached hereto as "Exhibit G" and incorporated herein.
9. EQUAL OPPORTUNITY. Any literature distributed by
CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its
programs under this Agreement shall state that its programs are supported by the City of Santa Ana and
the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity
employer/pz•ograzn" and that "auxiliary aids and services are available upon request to individuals with
disabilities."
10. Based on the population eligible to be served, or likely to be
directly affected by the WIA program or activity, the services or itzfoz•znation may need to be provided
in a language other than English in order to allow such population to be effectively informed about or
able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take
reasonable steps to provide services and information inappropriate languages after considering the
scope of the program or activity, and the size and concentration of the population that needs services or
information in a language other than English.
J 1. CONTRACTOR certifies that all property, finished or unfinished
documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of
in accordance with the direction of.the CITY. In addition, any tools and/or equipment furnished to the
CONTRACTOR by the CITY andlor purchased by the CONTRACTOR with funds pursuant to this
Agreement, will be limited to use within the activities outlined in this agreement and will remain the
property of the United States Government and/or CITY. Upon termination of this Agreement,
CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them
in accordance with the direction of the CITY.
i2. CONTRACTOR certifies that this Agreement does not provide for the
25K-33 Page 7 of 15
advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to
support or sustain any school, college, university, hospital or other institution controlled by any
religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the
Constitution of the State of California, regarding separation of church and state.
I3. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The
CONTRACTOR will disclose to the CITY any invention, written product, computer program
developed or data assembled as a result of performance of work under this Agreement within seventy
four (74) days of invention, development or assembly. The CITY, State of California, and U.S.
Department of Labor wi1I have the right to patent any invention and copyright any written product or
computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will
transfer all pertinent information, specifications and right, title and interest to the designated agency.
I4. INVENTIONS, PATENTS AND COPYRIGHTS.
A. Reporting Procedure. If any project produces patentable items, patent rights,
processes, or inventions in the course of work under a U.S. Departtnent of Labor (DOL) grant or
agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall
report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY
and the DOL and its representative on these matters, the DOL shall determine whether to seek ~ ~I
protection on the invention or discovery. The DOL and its representative shall determine how the
rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated
and administered in order to protect the public interest consistent with the "Goverrunerttal Patent
Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23,
1971, and Statement of Goverment Patent Policy as printed in 36 FR 16889).
B. Copyright Policy.
1. Unless otherwise provided in the terms of the grant or agreement, when copyright-
ablematerial is developed in the course of or under a DOL Grant or agreement, the author and the
CITY which developed the work is free to copyright material or to permit others to do so. The
CONTRACTOR and the Workforce Investment Board (WIB) shall have aroyalty-free, nonexclusive
and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted
material.
2. The DQL reserves aroyalty-free, nonexclusive, and irrevocable license to
reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes:
(a) The copyright in any work developed under any grant, sub-grant, or contract under a grant or
subgrant; (b} Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases
ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29
CFR Part 97.34.
C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data
first procured or delivered under this Agreement.
15. CLEAN AIR /CLEAN WATER ACT. If the grant hereunder
exceeds $104,404, CONTRACTOR must comply with Section 346 of the Clean Air Act [(42 USC
1875(h}]; Sectiozt 548 of the Clean Water Act (33 USC 1368); Executive Order 11738 and
25K-34 Page 8 of IS
Environmental Protection Agency ("EPA") regulations (40 CFR Patt 15) as any may now exist or be
hereafter amended. Under these laws and regulations, the CONTRACTOR assures that:
(a) No facility to be utilized in the perfot•tnance of the proposed grant has been listed
on the EPA List of Violating Facilities;
(b) It will notify CITY prior to award of the receipt of any communication from the
Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be
utilized for the grant is under consideration to be listed on the EPA List of
Violating Facilities;
(c) It will notify the CITY attd the EPA about any known violation of the above Laws
and regulations.
C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT:
l . General Assurance. Every reasonable course of action will he taken by CONTRACTOR in
order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This
Agreement will be administered in an impartial manner, free from et~•ors to gain personal, financial
political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will
avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias,
special interest or desire for personal gain.
I
2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of
its employees who were formerly employed by the State of California or CITY, in a position that could
have enabled such individuals to impact policy regarding or implementation of programs covered by
this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this
Agreement far a period of not less than two years following the termination of such employment.
3. Conducting Business Involving Relatives. No relative by blood, adoption or
marriage of any executive or employee of CONTRACTOR will receive favorable treatment when
considered for etuollment in programs provided by, or employment with, CONTRACTOR.
4. Conducting Business Involving Close personal Friends and Associates.
Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of
influence that can be exerted by personal friends and associates and, in administering this Agreement,
will exercise due diligence to avoid situations which give rise to an assertion that favorable #reattuent is
being granted to friends and associates. When it is in the public interest for CONTRACTOR to
conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected
official in the area or a voting or non-voting member of the Workforce Investment Board (WIB}, a
permanent record of the transaction will be retained.
5. Avoidance of Conflict of Economic Interest. No executive or employee of
CONTRACTOR elected official in the area, or voting or non-voting member of a WIB, will solicit or
accept money or any other consideration from a third person, for the performance of an act reimbursed
in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased
with Agreement fitnds will be used solely for purposes asserted or allowed under this Agreement. No
voting member of the WIB will cast a vote on the provision of services or vote on any matter which
would provide direct financial benefit to that member or any business or organization which the
member directly represents.
25K-35 Page 9 of 15
6. Salary and Bonus Limitations. All Subreeipients of WIA program funds are required to
comply with federal requirements regarding the limitations on salary and bonus payments in
accordance with Public Law 109-149, Section 7013.
VII.
HOLD HARMLESS
A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents
and employees, fiom and against any and all damages to property or injuries to or death of any person
or persons, including property and employees or agents of CITY, and shall defend, indemnify and save
harmless CITY, its officers, agents and employees, fiom any and all claims, demands, suits, actions or
proceedings of any kind or nature, including, but not by way of limitation, workers' compensation
claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, i#s
employees or subcontractors.
B. CONTRACTOR shall indezrluify and save harmless CITY, its officers, agents
and employees, from and against any and all damages to property or injuries to or death of any person
or persons, including property and employees ox agents of CITY, and shall defend, indemnify and save
harmless CITY, its officers, agents and employees, fiom and against any and all claims, demands, suits,
actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of
CONTRACTOR, its employees ar subcontractors.
VIII.
INSURANCE
1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force
during the term of this Agreement a policy of comprehensive commercial public liability insurance
insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or
death arising out of or in consequence of this Agreement. Such Insurance shall be in an amount not
less than One Million Dollars {$1,000,000.00) for any injury to or death of any person or persons in
any single accident or occurrence. Said policy of comprehensive public liability insurance shall be
endorsed to provide to CITY and to the State of California, Employment Development Department, at
least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees,
and volunteers, and the State of California, its officers, employees, and volunteers as additional
insured; and state that such coverage is primary to any other coverage or self-insurance of the State of
California and CITY. Govermllental entities may substitute a certificate of self-insurance.
2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain,
during the effective period of this Agreement, broad form automobile liability coverage with a
$1,000,000 limit unless reduced by CITY, which applies to both owned/leased and narl-owned
automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or,
in the event that CITY will not utilize such owned/leased automobiles but intends to require
employees, participants or other agents to utilize their own automobiles in the performance of this
Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or
agents as self-certification of automobile insurance coverage. Governmental entities may substitute a
certificate ofself-insurance.
Page io of IS
25K-36
3. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in
California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in
California Labor Cade Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the
teixn of this Agreement full Workers' Compensation insurance coverage for injuries suffered by
participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of
cancellation or modification. CONTRACTOR shall carry medical and acciden# insurance for those
participants not qualifying as "employees" for Worker's Compensa#ion Coverage, pursuant to
California Labor Code Section 3350, et seq.
4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of
insurance covering Toss or damage to any and all Equipment provided to or purchased by
CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the fiill
replacement value thereof, providing protection against the classification of fire, extended coverage,
vandalism, malicious mischief, theft, and special extended perils. Governmental entities may
substitute a certificate of self insurance.
5. Proof of Insurance. Certificates and endorsements must be submitted and approved by
CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no
payments under this Agreement until the required certificates and endorsements have been approved by
CITY.
IX.
CORPORATE STATUS
All corporate CONTRACTORS shall be in good standing, without suspension by the
California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in
corporate status or suspension shall be reported immediately to CITY.
X.
ASSIGNABILITY
None of the duties of, or work to be performed by, CONTRACTOR under this Agreement
shall be subcontracted or assigned to any agency, consultant, or person without the prior written
consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to
this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of
CONTRACTOR pursuant to this Agreement.
XI.
LAWS GOVERNING THIS AGREEMENT
In its performance under this Agreement, CONTRACTOR shall fully comply with the
requirements of the following, whether or not otherwise referred to in this Agreement:
1. The Act and all applicable federal statutes, regulations, policies, procedures and directives,
including but not limited to, 20 C.F.R. farts 652 and 660 through 671.
2. All applicable State statutes, regulations, policies, procedures and directives;
Page 1 l of 15
25K-37
3. All applicable CITY policies, procedures and directives;
4. AlI applicable local ordinances and requirements, including use permits and licensing;
5. Court orders applicable to its operation; and,
6. The terms and conditions of this Agreemen.
If any of the foregoing is enacted, amended, Or revised, CONTRACTOR will comply with
such or will notify CITY after enactment or modification that it cannot so comply. CITY may
thereupon terminate this Agreement, if necessary.
XII.
EXCLUSIVITY AND AMENDMENT OF AGREEMENT
I
This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains
al[ the covenants and agreements between the parties with respect to such employment. Each party fo
this Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and CONTRACTOR.
XIII.
FRAUD
CONTRACTOR shall immediately report to CITY all irrstatrces and facts concerning
possible fraud, abuse or criminal activity relating to expenditure or receipt of firnds under this
Agreement.
XIV.
CONTINGENCY OF FUNDS
CONTRACTOR acknowledges that approval of and funding for this Agreement is
contingent upon State approval, and funds received or obligated from the State of California to CITY.
If such approval of fiends is not forthcoming, or is otherwise limited, CITY shall immediately notify
CONTRACTOR. Within twenty (20} days of receipt of such notice, CONTRACTOR shall modify or
cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or
reimbursement of costs incurred hereunder.
XV.
TERMINATION
A. This Agreement may be terminated by either party at its sole discretion, upon thirty {30)
days written notice to the other party. Notice shall be deemed served on the date of mailing. However,
CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant.
B. In the event CONTRACTOR defaults by failing to fulfill all or any of its obligations
hereunder, CITY may declare a default and termination of this Agreement by written notice to
25K 38 P1ge ]2 of i5 ~
CONTRACTOR, which default and termination shall be effective on a date stated in the notice which is
to be not less than ten {10) days after certified mailing or personal service of such notice, unless such
default is cured before the effective date of termination stated in such notice. If terminated for cause,
CITY shall be relieved of fiuther liability or responsibility under this Agreement, or as a result of the
termination thereof, including the payment of money, except for payment for approved expenses incurred
for services satisfactorily and timely performed prior to the mailing or service of the notice of termination,
and except for reimbursement of {l) any payments made for services not subsequently performed in a
timely and satisfactozy manner, and (2) costs incurred by CITY in obtaining substitute performance.
XVI.
DISPUTES
Except as otherwise provided in this Agreement, any dispute concerning any question
arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision
to writing and mail or otherwise fiu•nish a copy thereof to CONTRACTOR The decision of the City
shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of
such copy, CITY receives from CONTRACTOR written request to appeal said decision.
Procedures governing the appeal shall be prescribed by CITY and/or the State of
California in accordance with the Act and all corresponding regulations and OMB circulars. Pending
final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless
the dispute involves a change order.
XVII.
BREACH -SANCTIONS
i
If, through any cause, CONTRACTOR violates arty of the terms and conditions of this
Agreement, and/or prior agreements whereby grant fiznds were received by CONTRACTOR pursuant
to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes
disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/oz' repay CITY all
amounts due CITY as a result of CONTRACTOR`s violation. For any such failures or violations,
CITY shall also have the right at its sole discretion to either: {1) discontinue program support until
such time as CONTRACTOR fitlfiills its obligations or remedies all violations of this agreement or
prior agreements; and/or (2} collect otztstandizzg amounts as determined by CITY due CITY by
offsetting or debiting from current claims or invoices, if after thirty (30} days' written notice
CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or {3)
terminate this Agreement by giving written notice to CONTRACTOR of such termination in
accordance the notice provision in Paragraph XVIII herein below.
XVIII.
NOTICES
All notices, reports and correspondence between the parties hereto respecting this
Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as
follows:
CITY: City of Santa Ana
Manager, WIB Administrative Office
Page 13 of 15
25K-39
P.O. Box 1988 (M-73)
Santa Ana, CA 92702
and,
CLERK: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Telefacsimile (714) 647-6956
CONTRACTOR:
XIX.
MERGER
This Agreement, together with the attachments hereto, expresses the total understanding
of the parties. There are no oral understandings of the parties or terms and conditions other than as
stated herein.
VALIDITY ~
The invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement.
XXI.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and sha11
inderruufy City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY
in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fiilly set forth in
the body of this Agreement.
Page 14 of t 5
25K-40
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above-written.
CITY OF SANTA ANA, a municipal
corporation of the State of California
ATTEST: "CITY"
By:
Maria D. Huizar David N. Ream
Clerk of the Council City Manager
~I
APPROVED AS TO FORM: "CONTRACTOR" II
Joseph W. Fletcher
City Attorney
i
I
BY: BY:
Lisa E. Storck Name:
Assistant City Attorney Title:
Tax ID
i
i
Page IS of 15
25K-41
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
SANTA ANA WORKFORCE INVESTMENT 80ARD/YOUTH COUNCIL
AND THE
SANTA ANA W/O/It/K CENTER/ YOUTH SERVICE PROVIDER NAVIGATOR
This Memorandum of Understanding is entered this 1St day of July 2010, by and
between the Santa Ana Workforce Investment Board ("WIB")/Santa Ana Youth Council
and the Santa Ana W/O/R/K Center ("Provider") acting in its capacity as the Youth
Service Provider Navigator.
1. PURPOSE: The Santa Ana Youth Council designated the Santa Ana W/O/R/K
Center as their "Service Navigator" for alI WIA youth services, and its eligible
participants. The Service Navigator's function tvitlvn the Youth Service Provider
Network is to coordinate services in a manner that eliminates bureaucracy from the
participating providers.
2. STAFFING RESPONSIBILITY OF "PROVIDER":
The Santa Ana W/O/R/K Center must provide sufficient staff to conduct the following
roles:
A. Assist with recruitment of potential WIA youth participants to Youth Service
Provider Network
B. Refer eligible youth to appropriate WIA youth providers
C. Collect eligibility documezrtation (both at provider location and Service Navigator
site)
D. Certify WIA eligibility
E. Ensure accuracy and timely submission of all Job Training Automated (JTA) MIS
system forms
F. Provide technical assistance and eligibility training to all providers
G. Develop policies and procedures to ensuz•e compliance with Federal, State and
Local WIA rules, regulations and goals
H. Track and maintain program/provider performance goals
I. Coordinate co-enrollment among youth providers
3. Actively participate on tite Santa Ana Youth Council
K. Coordinate (and provide as needed) follow-up services with providers and
participants ~
L. Process payment for services within 30 days of receipt
M. Conduct an annual fiscal monitoring of youth providers funded ender WIA
N. Provide on-going Labor Market Information related to youth to providers
O. Provide on-going ADA/EEO informationltraining
P. Provide on-going information/training on Child Labor Laws
Q. Provide legislative/regulatory updates on services, programs impacted by Youth
Workforce Development
EXHIBIT 4
1
25K-42
R. Collect, analyze and report to Youth Cottncil the results of the Customer
Satisfaction Surveys
S. Create and implement a continuous improvement project based on the results of
the Customer Satisfaction Survey
T. Be available and prepared for monitoring by Federal, State and SAWIB staff
4. FOLLOW UP SERVICES: Follow-up services will be a coordinated effort
between the W/0/R/K Center Service Navigator and the youth program operators.
The purpose of follow-up is to determine a participant's employment and educational
status after exiting the WIA program and to provide additional assistance if needed.
5. BUDGET: The W/O/R/K Centet• acting as the "Provider", shall provide all of
the services discussed herein as well as those set forth in Exhibit A, for the monetary
amount set forth in its budget attached hereto as Exhibit B. Said Budget may
annually be updated as approved by the WIB.
6. DURATION: This MOU shall remain in effect until a written cancellation is
submitted by either patty giving a 30-day advance notice.
7. AMENDMENTS: Either party may propose amendments to this MOU at any
time by providing written notice to the other. Amendments to this MOU shall require
the approval of the authorized signatory for the WIB and the Deputy City Manager
for Development Services, on behalf of the W/O/R/K Center.
8. DISPUTES: The parties shall first attempt to resolve all disputes informally.
Any party may call a meeting of all parties to discuss and resolve disputes. Should
informal resolution efforts fail, tl~e dispute shall be referred to the Deputy City
Manager for Development Services to act as mediator, to attempt to resolve the
dispute by holding an informal hearing with presentations by both patties. If the
Executive Director's resolution efforts fail, any party may file a grievance with the
Deputy City Manager for Development Services for review and heating. The parties
agree to be bound by the final determination resulting from that procedure. All costs
associated with the grievance procedure shall be borne by the losing party.
9. SEVERABILITY: If arty part of this MOU is found to be null and void, or is
otherwise stricken, the rest of this MOU shall remain in force.
10. HOLD HARMLESS: Each patty to this MOU agtees to indemnify and hold
harmless the other parties, their officers, agents, employees, and volunteers from and
against any and all loss or damage, and from auy and all suits, actions and claims
filed or brouglrt by any person or persons arising out of acts or omissions of the party
or its officers, agents, employees or volunteers in the performance of this MOU.
11. DISCRIMINATION: Provider shall not discriminate because of race, color,
creed, religion, sex, marital status, sexual orientation, age, national ot•igin, ancestry,
2
25K-43
or disability, as defined and prohibited by applicable law, and Provider affirms that it
shall comply with all applicable federal, state and local laws and regulations.
i2. AUTHORITY AND SIGNATURES: Tlie individuals signing this MOU or its
attachments have the authority to commit the party they represent to the terms of this
MOU, and do so commit by signing.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date
and year first above wt•itten.
ATTEST: CITY OF SANTA ANA
Maria D• Huizar David N. Ream
Clerk of the Cotulcil City Manager
APPROVED AS TO FORM: Santa Ana Workforce Investment Board
Joseph W. Fletcher, City Attorney
By:
Lisa Storck Lee McMut•ttay
Assistant City Attorney WIB Chairman
RECOMMENDED FOR APPROVAL:
Cynthia J. Nelson, Deputy City Manager
For Development Services
3
f
25K-44
REQUEST FOR ,gin
COUNCIL ACTION ~
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
? As Recommended
APPROPRIATION ADJUSTMENT -AGREEMENT ? As Amended
WITH COMMUNITY ACTION PARTNERSHIP OF ? Ordinance on 15~ Reading
ORANGE COUNTY ? IOmrpleme ting Resolutio'ng
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
1. Authorize the City Manager and Clerk of the Council to execute the attached agreement
with the Community Action Partnership of Orange County for a Summer Youth Work
Experience grant in the amount of $200,000 administered through the City of Santa Ana
W/O/R/K Center, subject to non-substantive changes approved by the City Manager and
City Attorney.
2. Approve an Appropriation Adjustment recognizing $200,000 Grant from Community Action
Partnership of Orange County and appropriating the same to fund a summer youth program
for 2010.
WORKFORCE INVESTMENT BOARD/EXECUTIVE COMMITTEE ACTION
At its Special Meeting on June 29, 2010, by a vote of 7:0 (Korthuis and de Leon absent)
Workforce Investment Board/Executive Committee recommended that the City Council approve
and authorize the City Manager and Clerk of the Council to execute an agreement with the
Community Action Partnership of Orange County for a Summer Youth Work Experience grant for
$200,000 administered through the City of Santa Ana W/O/R/K Center.
DISCUSSION
Community Action Partnership of Orange County (CAPOC) approached the Santa Ana
Workforce Investment Board, the Anaheim Workforce Investment Board, and the Orange County
Workforce Investment Board with an offer to provide a $200,000 grant of American Recovery and
Reinvestment Act funds to each board to fund summer youth work experience programs. The
Santa Ana Youth Employment Program (SAY) administered through the Santa Ana W/O/R/K
Center will provide paid work experience to approximately 60 youth ages 16 through 24. Youth
will have an option to work 20 to 40 hours per week beginning in mid- July for six weeks and will
participate in work readiness workshops.
25L-1
AA -Agreement with
Community Action Partnership of O. C.
July 6, 2010
Page 2
FISCAL IMPACT
Upon approval of the appropriation adjustment, funds will be available in the Santa Ana Youth
Employment Program account (13118770-various).
APPROVED AS TO FUNDS AND ACCOUNTS:
1 l aiY1 ~G~.lc~ a~ ~ t~~~ ~n r ~
1ot Cynthia J. elson Francisco Gutierrez
U _ Deputy Cit Manager for Development Executive Director
Services Finance & Management Services Agency~_
Community Development Agency
CJN/LAS/ds
Exhibit: 1. Agreement
25L-2
~~~~svmmanity
~i~~~~.
P A R T N E R S Ji J P
FtelJxrog Feapte. Chonyrng iJves.
1. This agreement is entered into by and between the Community Action Partnership of Orange
County, hereinafter referred to as CAPOC and The City of Santa Ana, hereinafter referred to
as Subcontractor.
2. The term of this Agreement is June 1.2010 through September 30, 2010.
3. The maximum amount of this Agreement is $ 200,000.
4. CAPOC and Subcontractor acknowledge and agree that this Agreement:
• is funded by the American Recovery & Reinvestment Act (ARRA), Community
Services Block Grant (CSBG) and is subject to law and Federal rules and regulations
• is a "subcontract" pursuant to a master contract between CAPOC and the State of
California Department of Community Services & Development (hereinafter referred
to as CSD)
• CAPOC is responsible to act and report in compliance with the master agreement
with CSD.
• Subcontractor will use the funds of $200,000 for a summer youth program as set forth
in Exhibit B, Attachment I and Attachment II
• Subcontractor must comply with ARRA requirements as set forth in Exhibits A
through D, incorporated herein by reference.
• Subcontractor must comply with any and all certifications and disclosures concerning
lobbying as set forth in Exhibit F, incorporated herein by reference.
25L-3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above-written.
CITY OF SANTA ANA, a municipal
corporation of the State of California
ATTEST:
By:
Maria D. Huizar David N. Ream
Clerk of the Council City Manager
APPROVED AS TO FORM: COMMUNITY ACTION PARTNERSHIP OF
Joseph W. Fletcher ORANGE COUNTY, a nonprofit corporation
City Attorney of the State of California
BY: By.
Lisa E. Storck Clarence W. Ray
Assistant City Attorney Executive Director
25L-4
ARRA EXHIBIT A
(Standard Agreement)
SCOPE OF WORK: AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
ARRA PROVISIONS
1. The Community Services Block Grant has been established, funded and administered
under the provisions of the American Recovery and Reinvestment Act of 2009
("ARRA"), and is subject to the guidance, directives and applicable laws and regulations
of the Federal Government and the State of California. The parties recognize and agree
to the following underlying principles, which shall form the framework for
implementation of ARRA and the subject program.
WHEREAS:
• ARRA is a com rehensive e
t tar eted res onse of th
p ~ Y g p e Federal Government to the
severe and adverse economic conditions prevailing in the United States of America;
• These conditions require urgent and immediate action by and among many segments
of society and the national economy;
• ARRA and the subject program are intended to stimulate economic activity and job
growth in the communities served by the parties; and
• The Office of Management and Budget (OMB) considers all Federal programs with
ARRA expenditures to be "high risk" due to the new transparency and accountability
requirements; and
• The urgency of the economic conditions is such that some of the requirements and
elements of the subject program have not been fully elaborated by the Federal
Government and, as a consequence, the needed enabling measures and actions by the
State of California are in preliminary form;
IT IS THEREFORE AGREED:
A. That the parties shall be guided by and subject to the provisions of ARRA,
ARRA-related legislation, and all Federal and State regulations, directives,
guidance and circulars issued for the purpose of implementing the ARRA
program (hereinafter "ARRA Obligations");
B. Because some requirements of the ARRA program lack specificity, particularly
with regard to, but not limited to, reporting requirements, funding allocations,
timeframes and the like, CSD shall provide CAPOC with specific ARRA
requirements as they are issued or are otherwise made available to CSD by the
Federal and State Government, which requirements shall also be binding on the
Subcontractor as a condition of the Subcontractor's participation in the ARRA
program, and as a condition of receipt of funds under the program, PROVIDED:
ARRA - Al
25L-5
ARRA EXHIBIT A
(Standard Agreement)
1) That such additional requirements shall be issued by CAPOC in writing in
the form of "ARRA program guidance, bulletins and/or directives;"
2) That such additional requirements shall be issued by CAPOC in most
timely and expeditious manner practicable;
3) That such additional requirements shall be reasonably necessary to satisfy
the Subcontractor's and CAPOC's ARRA Obligations and to realize the
purposes of ARRA;
4) That major and material changes in the ARRA program and/or ARRA
requirements which substantially affect the Contractor's and/or CAPOC's
ability to fulfill their ARRA Obligations or otherwise serve to create a
substantial hardship on either the Subcontractor or CAPOC shall be
subject to an amendment to this Agreement;
5) That the parties' failure to execute a mutually acceptable amendment, as
contemplated in subparagraph B., 4) above, in a reasonable period of time,
given the exigencies of the ARRA program, shall result in this
Agreement's being without force and effect subject only to such
provisions contained herein as are intended to survive the Agreement in
accordance with the express and implied provisions of applicable Federal
and State law; and
6) That upon CAPOC's good faith determination, delivered to the
Subcontractor by written notice, that Agreement between the parties to
any necessary amendment as contemplated in subparagraph B., 4) above,
cannot be achieved, then this Agreement shall be "closed out" and the
funds disposed in accordance with established CAPOC procedure and
policy and as required under Federal and State law.
C. That the Subcontractor shall, in accordance with such governing laws, charter,
articles, bylaws, ordinances, rules and procedures as are applicable to the
Subcontractor, issue resolutions for the approval of this Agreement which may
address the unique nature of ARRA program requirements and ARRA
Obligations and which may create provisional or conditional authorizations or
approvals that are subject to further elaboration and/or determination as
contemplated in subsection B. above., to include, but not limited to grant
amounts, and such other provisions which may, during the term of this
Agreement, be altered or adjusted as a result of actions by the Federal and State
Governments in accordance with ARRA and ARRA Obligations. Should the
Subcontractor be obligated under its own procedure to amend or reissue such
resolutions as are contemplated herein, it shall provide a copy of such resolution
to CAPOC as soon as is practicable.
D. That for purposes of ensuring full compliance with ARRA and ARRA
Obligations, CAPOC may initiate special audits, monitoring visits and requests
for ARRA program-related information, which Subcontractor shall provide and/or
accommodate in a timely fashion.
ARRA - A2
25L-6
ARRA EXHIBIT A
(Standard Agreement)
E. That Subcontractor shall, to the extent practical and feasible, include in all
informational materials made available to the general public, including but not
limited to newsletters, bulletins, fliers, advertisements, forms and signs, the
following phrase: "This project, program or service is funded in whole or in part
by the American Recovery and Reinvestment Act of 2009 in cooperation with the
California Department of Community Services and Development."
2. PURPOSE
Subcontractor agrees to provide services and activities to advance self sufficiency and
reduce economic dependency in accordance with the federal provisions of Public Law
105-285, Title II -Community Services Block Grant Program, Subtitle B -Community
Services Block Grant Program of the Community Services Block Grant Act/American
Recovery and Reinvestment Act 2009 to eligible beneficiaries residing in Contractor's
Service Area described in Exhibit A, Section 4.
A. Subcontractor is prohibited from using ARRA funds for lobbying purposes
and activities as provided in standard Exhibit E, paragraph. 6. E. of this
agreement.
B. Subcontractor may use ARRA funds to support outreach activities in
connection with Contractor's ARRA Department of Energy (DOE)
Weatherization (WX) and DOE Weatherization Assistance Program (DOE
WAP) for low income purposes, if any, but is prohibited from expending
ARRA funds to pay for administrative costs or labor, construction or material
costs associated with those programs.
3. ORDER OF PRECEDENCE
In the event of any inconsistency among any provisions of this Agreement, the American
Recovery and Reinvestment Act of 2009, Public Law 111-5 shall take precedence over
the non-ARRA Exhibits A through E.
4. SEPARATE ACCOUNTING
Grantees must segregate the obligations and expenditures related to funding under the
Recovery Act. Financial and accounting systems should be revised as necessary to
segregate, track and maintain these funds apart and separate from other revenue streams.
No part of the funds from the Recovery Act shall be commingled with any other funds or
used for a purpose other than that of making payments for costs allowable for Recovery
Act projects. Recovery Act funds can be used in conjunction with other funding sources
as necessary to complete projects, but tracking and reporting must be separate to meet the
reporting requirements of the Recovery Act and OMB Guidance.
5. SUBCONTRACTING
No subcontracts are allowed under this agreement.
A. CAPOC is charged with responsibility of ensuring that the strategic objectives,
including the transparency and accountability requirements of ARRA, are met with
ARRA - A3
25L-7
ARRA EXHIBIT A
(Standard Agreement)
respect to all subcontracts executed in furtherance of this agreement and of the
ARRA CSBG program. Accordingly, CAPOC's ARRA-related subcontracts shall
incorporate the essential provisions, duties and obligations set forth herein and
Contractor shall ensure that subcontractors' performance is fully compliant with
this agreement.
B. In order to effect the purpose and intent of subsection A, above, Subcontractor
agrees:
1) Prior to or upon execution of this Agreement provide to CAPOC: the name of
the Subcontractor, its address, telephone number, contact person, ARRA
contract amount, ARRA project name, ARRA project description, expected
outcomes, projected number of jobs to be created, projected number of jobs to
be retained and a brief description of the types of jobs to be created and
retained.
2) to have performance monitored to ensure compliance;
3) to continuously assess risk of failure of compliance and take steps necessary
to mitigate such risk;
4) utilize CAPOC's monitoring tools and schedules and conduct evaluations in
order to effect the purposes of subsections 2) and 3) above;
5) register in Central Contractor Registration (CCR) and obtain a Dun and
Bradstreet Universal Numbering System (DUNS) number; and
C. Subcontractor agrees to identify and document the Federal award number,
Catalog of Federal Domestic Assistance number, and amount of ARRA Funds.
D. Subcontractor agrees to include on its Schedule of Expenditures of Federal
Awards (SEFA) information to specifically identify ARRA funding similar to the
requirements for the recipient SEFA. This information is needed to allow
CAPOC to properly monitor Contractor expenditure of ARRA funds as well as
oversight by the Federal awarding agencies, Offices of Inspector General and the
Government Accountability Office.
1) Subcontractor agrees that there shall be no procurements, purchases or
subcontracts in excess $500.
6. LEGAL AUTHORITY
In accordance with Public Law 105-285 Title II, Community Service Grant Program,
Subtitle B-Community Services Block Grant Program of the Community Block Services
Block Act, as amended, authorizes the Department of Community Services and
Development to administer the American Recovery and Inestment Act of 2009. All grant
awards made under this Program shall comply with applicable law including regulations
contained in 45 CFR, the American Recovery and Reinvestment Act of 2009 and other
procedures applicable to this regulation as CSBG may, from time-to-time, prescribe for
the administration of financial assistance.
ARRA - A4
25L-8
ARRA EXHIBIT A
(Standard Agreement)
7. ARRA TERMS, CONDITIONS AND PROVISIONS
A. Program Standards
The provisions of Public Law 105-285, Title II -Community Services Block
Grant Program, Subtitle B -Community Services Block Grant Program of the
Community Services Block Grant Act, the provision of the current approved
Community Services Block Grant State plan, including all approved amendments
or revision. OMB M-09- 10 Initial Implementing Guidance for the American
Recovery and Reinvestment Act of 2009.
B. Administrative Requirements in accordance with Title 45 of the Code of Federal
Regulations (CFR).
45 CFR Part 16 -Procedures of the Departmental Grant Appeals Board;
45 CFR Part 30 -Claims Collection;
45 CFR Part 76 -Debarment and Suspension from Eligibility for Financial
Assistance (Nonprocurement);
45 CFR Part 80 -Nondiscrimination Under Programs Receiving Federal
Assistance through the Department of Health and Human Services, Effectuation
of Title VI of the Civil Rights Act of 1964;
45 CFR Part 81 -Practice and Procedure for Hearings Under Part 80 of this Title;
45 CFR Part 84 -Nondiscrimination on the Basis of Handicap in Programs and
Activities Receiving Federal Financial Assistance;
45 CFR Part 86 -Nondiscrimination on the Basis of Sex in Education Programs
and Activities Receiving or Benefiting from Federal Financial Assistance;
45 CFR Part 87 -Equal Treatment for Faith-Based Organizations;
45 CFR Part 91 -Nondiscrimination on the Basis of Age in HHS Programs or
Activities Receiving Federal Financial Assistance;
45 CFR Part 93 -New Restrictions on Lobbying;
45 CFR Part 96 -Block Grants;
45 CFR Part 97 - Consolidation of Grants to the Insular Areas;
45 CFR Part 100 -Intergovernmental Review of Department of Health and
Human Services Programs and Activities
The above documents are hereby incorporated by reference into this Agreement.
to access these documents, please visit www.csd.ca.~ov
C. In accordance with Public Law 103-333, the "Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act of
1995," the following provisions are applicable to this grant award:
Section 507: "Purchase of American-Made Equipment and Products - It is the
sense of the Congress that, to the greatest extent practicable, all equipment and
products purchased with funds made available in this Act should be American-
made."
Section 508: "When issuing statements, press releases, requests for proposals, bid
solicitations and other documents describing projects or programs funded in
whole or in part with Federal money, all States receiving Federal funds, including
but not limited to State and local governments and recipients of Federal research
ARRA - AS
25L-9
ARRA EXHIBIT A
(Standard Agreement)
grants, shall clearly state (1) the percentage of the total costs of the program or
project which will be financed with Federal money, (2) the dollar amount of
Federal funds for the project or program, and (3) percentage and dollar amount of
the total costs of the project or program that will be financed by nongovernmental
sources."
D. In accordance with Part C of Public Law 103-227, the "PRO-KIDS Act of 1994,"
smoking may not be permitted in any portion of any indoor facility owned or
regularly used for the provision of health, day care, education, or library services
to children under the age of 18, if the services are funded by Federal programs
wither directly or through State or local governments. Federal programs include
grants, cooperative agreements, loans and loan guarantees, and contracts. The
law does not apply to children's services provided in private residences, facilities
funded solely by Medicare or Medicaid funds, and portions or facilities and used
for inpatient drug and alcohol treatment.
E. Circular A-133, Audits of States, Local Governments, and Non-Profit
Organizations and the Single Audit Act of 1984, as amended.
F. Recovery Act funds may be used for the reduction of poverty, the revitalization of
low-income communities, and the empowerment oflow-income families and
individuals in rural and urban areas to become fully self-sufficient.
ARRA - A6
25L-10
ARRA EXHIBIT B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS: AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009
1. BUDGET
A. Concurrent with the execution of this Agreement, Subcontractor shall complete and
submit the ARRA/CSBG Fiscal Data forms (CSD 902.5, 902.1.1, and 902.1.2)
attached to this EXHIBIT B, based on the Maximum Amount of this Agreement.
Pursuant to the instructions for CSD 902 S, Subcontractor must include an itemized
list identifying all other known funding sources and amounts that make up the total
annual operating budget of the community action program(s). Submit an internal
annual budget displaying the anticipated funding sources and their term dates.
B. Subcontractor shall provide CAPOC with justification for all projected expenditures
in the budget, including a detailed budget narrative justifying expenditures in
connection with budget support personnel and related non-personnel costs. The
justification shall be appended to the Budget Summary.
C. Subcontractor shall expend its full contract allocation by September 30, 2010. No
contract term extension will be permitted to expend any remaining funds at the end
of the contract term.
2. ADMINISTRATIVE EXPENSES
Administrative expenses are not allowed under this Agreement.
3. SUBSEQUENT PAYMENT
Payments to Subcontractor shall be contingent upon receipt by the CAPOC of the
monthly expenditure activity and programmatic reports. If the Subcontractor owes
CAPOC any outstanding balances for overpayments of any contract, current or previous,
the balance may be offset, based on arrangements with the Subcontractor.
4. PAYMENT AND REPORTING REQUIREMENTS
A. Payments
1) CAPOC shall issue monthly payments to Subcontractor upon receipt and
approval of a certified expenditure activity report. The certified
expenditure activity report shall specify the Monthly Reporting period and
actual expenditures being billed to CAPOC for reimbursement.
Reimbursement to Subcontractor is contingent upon receipt of the
monthly programmatic report as described in Section C below and subject
to review by CAPOC.
2) All adjustments must be reported on CAPOC's report form under the
report period in which the expenditures occurred.
ARRA - B 1
25L-11
ARRA EXHIBIT B
(Standard Agreement)
B. Monthly Expenditure Reports
1) Subcontractor shall submit to CAPOC, Contractor's expenditures under
this agreement by entry onto the web-based CAPOC System. The monthly
reports shall be submitted on or before the tenth (10th) calendar day
following the reporting period, irrespective of the level of activity or
amount of expenditure in the preceding period.
2) All adjustments must be reported through CAPOC System under the
report period in which the expenditures occurred.
C. Programmatic Repots
1) Monthly
The programmatic reporting on the status of the Subcontractor's project(s)
will be submitted on a monthly basis to monitor the progress of the
projects and meet the federal reporting requirements pursuant to Section
1512 of ARRA and the Office of Management and Budget. Subcontractor
shall submit to CAPOC, Subcontractor's project status by entry of the
web-based CSBG ARRA automated system. The monthly Project Status
Report shall be submitted on or before the tenth (10th) calendar day
following the reporting period, irrespective of the level of activity in the
preceding period. See report due dates below.
CSBG ARRA Project Status Report
Month Ending Report Due Date
November 30, 2009 December 5, 2009
December 31, 2009 January 5, 2010
January 31, 2010 February 5, 2010
February 28, 2010 March 5, 2010
March 31, 2010 Apri15, 2010
Apri130, 2010 May 5, 2010
May 31, 2010 June 5, 2010
June 30, 2010 July 5, 2010
July 31, 2010 August 5, 2010
August 31, 2010 September 5, 2010
September 30, 2010 October 5, 2010
ARRA - B2
25L-12
ARRA EXHIBIT B
(Standard Agreement)
2) Quarterly Reports
Subcontractor shall complete and submit quarterly Subcontractor's
programmatic activities to CAPOC at .The quarterly
NPI Programs and Client Characteristics reports shall be submitted on or
before the tenth (10th) calendar day following the reporting period,
irrespective of the level of activity in the preceding period. See report due
dates below.
a. CSBG ARRA NPI Programs Report, (CSD 901)
b. CSBG ARRA Client Characteristics Report, (CSD 903-CCR)
Report Interval Report Due Date
Oct. 1, 2009- Dec. 31, 2009 January 10, 2010
Jan. 1, 2010 - Mar. 31, 2010 April 10, 2010
Apr. 1, 2010 -Jun. 30, 2010 July 10, 2010
Jul 1, 2010 -Sept. 30, 2010 October 10, 2010
D. Community Services Block Grant Information System (CSBG/IS Survey)
Subcontractor shall complete and submit to CAPOC an ARRA Community
Services Block Grant Information System Survey no later than February 1, 2010
(covering July 1 -December 31, 2009) and November 15, 2010 (covering January
1, -September 30, 2010). The reports shall be submitted via email to
CSBGRecovery(a~csd.ca gov.
a. ARRA/CSBG Fiscal Data -Other Funds (CSD 930 OF)
b. ARRA/CSBG Fiscal Data-Other Resources (CSD 930 OR)
Report Due February 1, 2010 Due November 1, 2010
CSD 903 Covering the period: July 1, 2009 - Covering the period:
OR December 31, 2009 January 1, 2010 -
September 30, 2010
CSD 903 Covering the period: July 1, 2009 - Covering the period:
OF December 31, 2009 January 1, 2010 -
September 30, 2010
ARRA - B3
25L-13
ARRA EXHIBIT B
(Standard Agreement)
E. Close-Out Report
Subcontractor shall submit all the appropriate CAPOC close-out forms within
thirty (30) calendar days after the expiration date or when all funds have been
fully expended under this Agreement. Final reimbursement to Subcontractor, if
owed, shall be contingent upon receipt of the close-out packet by CAPOC and
subject to final review by CAPOC's Finance Department.
1) The close-out packet shall include the forms below which will be available
on the CAPOC website www.capoc.org
a. CSD 925 Close out checklist with authorized signature
b. CSD 925 C Program Income/Interest Earned
c. CSD 925 D Equipment Inventory Schedule
2) Final expenditures must be submitted by entry onto the web-based
CAPOC system on or before the final report due date.
3) All adjustments must be submitted by entry onto the web-based CAPOC
System. Each adjustment must reflect the actual expenditure period when
the adjustment occurred.
5. ATTACHMENTS TO CONTRACT
A. Attachment I
Prior to execution of this Agreement by the State, Contractor shall submit to the
State Attachment I, CSBG Fiscal Data Series, which shall reflect a description of
projected spending for the contract term.
B. Attachment II
Contractor shall also submit to the State Attachment II, ARRA CSBG/NPI 901
Program Report, which shall reflect a description of outcome goals for each year
of the contract term. This information will be used to monitor the success of the
identified National Performance Indicators relevant to its programs, activities, and
available resources for the delivery of services. Modifications to projected
outcomes will not be allowed without CSD approval.
C. Attachment III
Contractor shall also submit to the State Attachment III, ARRA CSBG/Project
Work Plan (CSD 920), which shall reflect a description of each project including
expected outcomes for the contract term. This information will be used to
monitor the success of the project.
ARRA - B4
25L-14
ARRA EXHIBIT B
(Standard Agreement)
D. Attachment IV
Contractor shall submit to the State Attachment IV, Summary of Allocated Funds
for CSBG ARRA &NPI Programs/Activities (CSD 923), which shall reflect a
summary of all projects and NPI program activities, administrative funds,
program funds, and non CSBG ARRA funds for the contract term.
6. SCHEDULE OF ATTACHMENTS
The following attachments to this exhibit are hereby attached and incorporated by this
reference:
ATTACHMENT I ARRA/CSBG FISCAL DATA (CSD 902.5, 902.1.1, 902.1.2)
ATTACHMENT II ARRA/CSBG Project/Work Plan (CSD 920)
ATTACHMENT III ARRA/CSBG NPI Programs Report (CSD 901)
ATTACHMENT IV Summary of Allocated Funds for CSBG
ARRA Projects &NPI Program/Activities (CSD 923)
ARRA - BS
25L-15
ARRA EXHIBIT B
(Standard Agreement)
ATTACHMENTI
SAY Youth Employment Program 2010
Program Budget
AGENCY NAME: City of Santa Ana
The maximum Contract period is June 1, 2010 through September 30, 2010
Proposed contract start date: 6/ 01/10 Ending Date: 9/30/10.
Expenses Category Amount % of Total
Bud et
Salaries & Wages
List each osition Title se aratel
1. Workforce S ecialist III $ 9,048
2. Em to ment Counselor II $ 24,515
3. Work Ex erience - Partici ants $ 138,490
4. Overtime j
5.
Frin a Benefits ~@~o.ss°io> $ 17,947
PERSONNEL COSTS SUBTOTAL $ 190,000 95%
Minimum of 95% of total Bud et
Professional Fundraisin Fees
Accountin Fees
Le al Fees
Su ties $ 300
Tele hone $ 400
Posta e & Shi in
Occu anc $ 500
E ui ment Rental & Maintenance $ 500
Printin & ublications $ 250
Travel
Conferences, Conventions & meetin s
Other Expenses $ 8,050
*NON-PERSONNEL COSTS SUBTOTAL $ 10,000 5%
Maximum of 5% of total Bud et
$ 200,000
TOTAL EXPENSES
*NOTE: Non Personnel costs shall not exceed 5% of total budget.
ARRA - B6
25L-16
ARRA EXHIBIT B
(Standard Agreement)
ATTACHMENT II
PROGRAM WORK PLAN
I. TERM
June 1, 2010 to September 30, 2010
II. PURPOSE
The Santa Ana Youth (SAY) Employment Program administered by the Santa Ana
WORK Center will provide paid summer work experiences for approximately 60 to
70 youth. The purpose of the program will be to provide work experience training for
youth ages 16-24.
III. POPULATION TO BE SERVED
Eligibility requirements will be based on following criteria:
• Youth ages 16 to 24 years old
• Legal permission to work in the United States
• Low Income (equal to or under 200 percent of federal poverty level)
• Work permit if under 18 years old
• Registered with selective services (Mates 18 and older)
IV. PROGRAM DESIGN, ELEMENTS AND GOALS
A. Program Design:
• Provide an objective assessment of each youth participant that includes a review of
occupational skill levels as well as service needs
• Develop an individual service plan including service needs determined during
assessment
B. Program Elements
The following program elements will be made available to eligible youth enrolled in the
SAY Employment Program. Activities are aimed at providing a comprehensive strategy
that addresses employment and training needs:
• Work Experience (20-40 hours per week for 6 weeks)
• Work Readiness Workshops
• Employment Readiness Skills
• Career Development
• Child Labor Laws
• Post-Secondary Education information
• Life Skills
• Financial Literacy
C. Goals
• Enroll 60-70 youth
• Provide meaningful work experience
• Provide youth the skills and tools for future re-employment and self-sufficiency
• Provide resources and a positive outlook for higher education
A~-B~
25L-17
ARRA EXHIBIT C
(Standard Agreement)
SPECIAL TERMS AND CONDITIONS PROVISIONS: AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009
1. AUDITING STANDARDS AND REPORTS
Subcontractors falling below the federal funding threshold that mandates a single agency-wide audit in
accordance with OMB Circular -133 shall:
A. submit an annual program-specific audit within nine months of the end of the Contractor's fiscal
year, and
B. be subject to an audit and/or other fiscal or program-specific review conducted by CAPOC or its
agents, upon reasonable written notice.
2. SCHEDULE OF ATTACHMENT
The following attachment to this exhibit is hereby attached and incorporated by this reference:
ATTACHMENT I 2009 AUDIT GUIDE
ARRA EXHIBIT D
(Standard Agreement)
ADDITIONAL PROVISIONS: AMERICAN RECOVERY AND REINVESTMENT
ACT OF 2009
1. ADMINISTRATIVE REQUIREMENTS
For all recipients, administrative requirements of the awards will be governed by Section 1512 of the
American Recovery and Reinvestment Act of 2009.
2. FEDERAL POVERTY LEVEL PROVISIONS
The ARRA Act increases the eligibility level from one-hundred twenty-five percent (125%) to two-hundred
percent (200%) of the Federal poverty level for authorized services under the CSBG Act. Under this
Agreement Contractor's may serve clients up to two-hundred percent (200%) of the federal poverty level
exclusively for the terms of this agreement and use of ARRA funds.
3. COST SHARING OR MATCHING CONTRIBUTIONS
In accordance with 45 CFR § 74.23, Contractor may not use funds for purposes of cost sharing or as
matching contributions when such funds are paid by the Federal Government under another award
4. CENTRAL CONTRACTOR REGISTRATION (CCR~
A. As required under the Recovery Act, Subcontractor must have a Dun and Bradstreet Universal
Numbering System (DUNS) number (www.dnb.com) (or update its existing DUNS record), and
register with the Central Contractor Registration (CCR; www.ccr.gov) no later than October 2,
2009. (ARRA § 1512, ARRA § 1609)
B. Contractor must maintain active and current registrations in the Central Contractor Registration
(www.ccr.gov) at all times during which it has active federal awards funded with Recovery Act
funds.
5. BUY AMERICAN
A. None of the funds provided under this Agreement derived from the American Recovery and
Reinvestment Act, Pub. L. 111-5, may be used for a project for the construction, alteration,
maintenance, or repair of a public building or public work unless all of the iron, steel, and
manufactured goods used in the project are produced in the United States.
B. Subsection A. shall not apply in any case or category of cases in which the head of the Federal
department or agency (grantor) finds that -
1) applying subsection A. would be inconsistent with the public interest;
2) iron, steel, and the relevant manufactured goods are not produced in the United States in
sufficient and reasonably available quantities and of a satisfactory quality; or
3) inclusion of iron, steel and manufactured goods produced in the United States will increase
the cost of the overall project by more than 25 percent.
2-~ J
ARRA EXHIBIT D
(Standard Agreement)
C. If the head of a Federal department or agency determines that it is necessary to waive the
application of subsection A. based on a finding under subsection B., the head of the department or
agency shall publish in the Federal Register a detailed written justification as to why the provision
is being waived.
D. This section shall be applied in a manner consistent with United States obligations under
international agreements.
E. Implementation of this provision should follow the forthcoming requirements in the Federal
Acquisition Regulation or as otherwise identified by the Contracting Officer.
6. PROCUREMENT
All funds under this Agreement expended through a subcontract for personal services or goods shall be
fully subject to open and free competition as directed by OMB Circulars A-102 and A-110. Contractor
may not procure any goods and services in excess of $500 (except for the specific personnel costs identified
in this Agreement.
7. INFORMATION IN SUPPORT OF RECOVERY ACT REPORTING
Subcontractor is responsible to maintain and may be required to submit backup documentation for all
expenditures of funds under the Recovery Act including such items as timecards and invoices.
Subcontractor shall provide copies of backup documentation at the request of the CAPOC or designee.
G~`~`~O
(2009 CSBG)
EXHIBIT A
(Standard Agreement)
SCOPE OF WORK:
1. COMPLIANCE
All services and activities are to be provided in accordance with all applicable federal and state laws and
regulations and as those laws and regulations may be amended from time to time, including but not limited
to, pursuant to the following:
a. The Community Services Block Grant Act, 42 U.S.C. 9901 et seq., and 45 Code of Federal
Regulation (CFR) Part 96;
b. The California Community Services Block Grant Program, Government Code 12725 et seq., and
Title 22, California Code of Regulations (CCR), 100601 et seq.; and
c. The Single Audit Act, 31 U.S.C. 7301 et seq., and Office of Management and Budget (OMB)
2. REQUIREMENTS, STANDARDS AND GUIDELINES
Even though the federal Community Services Block Grant Act exempts Contractor and its subcontractors
from many federal administrative requirements and standards to promote State and local efficiency, the
federal government directs the State to establish fiscal control and fund accounting procedures regarding
CSBG funds. Federal law also directs the State to ensure that the cost and accounting standards of the
Office of Management Budget (OMB) apply to recipients of CSBG funds. Therefore, Contractor agrees to
apply all of the requirements, standards and guidelines contained in the following authorities, as they may
be amended from time to time, to all of the procurement, administrative and other costs claimed under this
Agreement, including those costs under subcontracts to this Agreement, notwithstanding any language
contained in the following authorities that might otherwise exempt Contractor from their applicability. To
the extent that the requirements, standards or guidelines directly conflict with any State law or regulation at
Government Code 12725 et seq. or 22 CCR 100601 et seq., or any specific provision of this
Agreement, then that law or regulation or provision shall apply instead:
A. OMB Circular A-102 (Common Rule for State and Local Governments), as codified by the
Department of Health and Human Services (HHS) at 45 CFR Part 92;
B. OMB Circular A-110 (Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and other Non-Profit Organizations), as codified by
HHS at 45 CFR Part 74;
C. OMB Circular A-87 (Cost Principles for State, Local and Indian Tribal Governments);
D. OMB Circular A-122 (Cost Principles for Non-Profit Organizations)
3. FEDERAL CATALOG DOMESTIC ASSISTANCE NUMBER
The Community Services Block Grant Stimulus, American Recovery and Reinvestment Act, Catalog of
Federal Domestic Assistance number is 93.710. The award is made available through the United States
Department of Health and Human Services.
25~-21
(2009 csBG)
EXHIBIT A
(Standard Agreement)
4. SERVICE AREA
The services shall be performed in the following service area: Orange County, California.
5. ADDRESSES
Send all correspondence to:
State Agency: Department of Community Services and Development
Section/Unit: Field Operations Services
Mailing Address: Post Office Box 1947
Sacramento, CA 95812-1947
Address: 700 North l Ot" Street, Room D215
Sacramento, CA 95811-0336
Phone: (916) 341-4200
Fax: (916) 327-3153
25~~-22
(2009 CSBG)
EXHIBIT B
(Standard Agreement)
TERM AND AMOUNT OF AGREEMENT BUDGET DETAIL AND PAYMENT PROVISIONS
1. ADMINISTRATIVE EXPENSES
No administrative expenses are allowed pursuant to this agreement.
2. BUDGET CONTINGENCIES
A. State Budget Contingency
1) It is mutually agreed that if the Budget Act of the current year and/or any subsequent years
covered under this Agreement does not appropriate sufficient funds for the program, this
Agreement shall be of no further force and effect. In this event, CAPOC shall have no
liability to pay any funds whatsoever to Subcontractor or to furnish any other considerations
under this Agreement and Subcontractor shall not be obligated to perform any provisions of
this Agreement.
2) If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this
program, CAPOC shall have the option to either cancel this Agreement with no liability
occurring to the CAPOC, or offer an agreement amendment to Subcontractor to reflect the
reduced amount.
B. Federal Budget Contingency
1) It is mutually understood that this Agreement may have been written before ascertaining the
availability of Congressional appropriation of funds, for the mutual benefit of both Parties,
in order to avoid program and fiscal delays that would occur if this Agreement were
executed after that determination was made.
2) This Agreement is valid and enforceable only if sufficient funds are made available to the
State by the United States Government for the purposes of this Agreement. In addition, this
Agreement is subject to any additional restrictions, limitations, or conditions enacted by the
Congress or any statute enacted by the Congress that may affect the provisions, terms, or
funding of this Agreement in any manner.
3) It is mutually agreed that if the Congress does not appropriate sufficient funds for this
Program, this Agreement shall be amended to reflect any such reduction in funds.
4) CAPOC has the option to invalidate this Agreement under the 30-day cancellation clause or
to amend this Agreement to reflect any such reduction in funds.
25~-23
(2009 CSBG)
EXHIBIT C
(Standard Agreement)
SPECIAL TERMS AND CONDITIONS
1. TRAVEL/PER DIEM
A. Subcontractor's total travel for in-state and/or out-of--state and per diem costs shall be included in
the contract Budget(s). Out-of--state travel costs that exceed the budgeted amount shall not be
reimbursed without prior written authorization from CAPOC and CSD.
B. Subcontractor's employee travel costs and per diem reimbursement rates shall be reimbursed as
allowed pursuant to OMB Circular A-87 Section 43 or OMB Circular A-122 section 51 as
applicable, and based on the Subcontractor's acceptable, written travel policy, or, in the absence of
such policy, not to exceed Federal per diem requirements.
C. In absence of a travel policy, Subcontractor shall defer to the rules and regulations established in the
California Code of Regulations Section 599.615 through 599.638 and be reimbursed in accordance
with the definitions, terms and provisions contained therein.
2. CERTIFICATIONS
A. Subcontractor's signature affixed hereon shall constitute a certification that to the best of its ability
and knowledge it will, unless exempted, comply with the provisions set forth in the following:
1) Drug-Free Workplace Requirements Contract Certification Clause (CCC-307)
2) National Labor Relations Board Certification (CCC-307)
3) Expatriate Corporations (CCC-307)
4) Domestic Partners (CCC-307)
5) Amendment for Change of Agency Name (CCC-307)
6) Resolution (CCC-307)
7) Air and Water Pollution Violation (CCC-307)
8) Information Integrity and Security (Department of Finance, Budget Letter 04-35)
9) Safeguarding Against and Responding to a Breach of Security Involving Personal
Information (Department of General Services, Management Memo 08-11)
B. The above documents are hereby incorporated by reference into this Agreement. To access these
documents, please visit www.csd.ca.gov
25~-24
(2009 CSBG)
EXHIBIT C
(Standard Agreement)
3. INTERNAL CONTROL CERTIFICATION
Subcontractor shall ensure the establishment and maintenance of a system of internal accounting and
administrative control. This responsibility includes documenting the system, communicating system
requirements to employees, and assuring that the system is functioning as prescribed and is modified, as
appropriate, for changes in conditions. The system of internal accounting and administrative control shall
be attested to within the Subcontractor's independent audit conducted pursuant to this Agreement, and
include:
A. Segregation of duties appropriate to safeguard state assets.
B. Limited access to agency assets to authorized personnel who require these assets in the performance
of their assigned duties.
C. Authorization and recordkeeping procedures adequate to provide effective accounting controls over
assets, liabilities, revenues, and expenditures.
D. Practices to be followed in performance of duties and functions.
E. Personnel of a quality commensurate with their responsibilities.
F. Effective internal review.
4. CONFLICT OF INTEREST
A. Subcontractor certifies that its employees and the officers of its governing body shall avoid any
actual or potential conflicts of interest and that no officer or employee who exercises any functions
or responsibilities in connection with this Agreement shall have any personal financial interest or
benefit that either directly or indirectly arises from this Agreement.
B. Subcontractor shall establish safeguards to prohibit its employees or its officers from using their
positions for a purpose that could result in private gain or that gives the appearance of being
motivated for private gain for themselves or others, particularly those with whom they have family,
business, or other ties.
5. CODES OF CONDUCT
A. Subcontractor shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts or subcontracts. No employee, officer, or agent of
the Subcontractor shall participate in the selection, award, or administration of a subcontract supported
by Federal funds if a real or apparent conflict of interest would be involved. Such a conflict would
arise when the employee, officer, or agent, any member of his or her immediate family, his or her
partner, or an organization that employs or is about to employ any of the parties indicated herein, has a
financial or other interest in the firm selected for an award. The officers, employees, and agents of the
Subcontractor shall neither solicit nor accept gratuities, favors, or anything of monetary value from
subcontractors or parties to subagreements. The standards of conduct shall provide for disciplinary
actions to be applied for violations of such standards by officers, employees, or agents of the recipients.
25~-25
(2009 CSBG)
EXHIBIT C
(Standard Agreement)
B. Subcontractor shall not pay Federal funds received from CAPOC or CSD to any entity in which it
(or one of its employees, officers, or agent, any member of his or her immediate family, his or her
partner, or an organization that employs or is about to employ any of the parties indicated herein)
has an interest. As ownership constitutes a financial interest, Contractor shall not subcontract with a
subsidiary. Similarly, Subcontractor shall not subcontract with an entity that employs or is about to
employ any person described in 45 CFR Part 92 (for states and local governments) and 45 CFR Part
74 (for nonprofit organizations) (Office of Management and Budget Circular A-110, section 42).
6. EFFECTIVENESS ASSESSMENT TOOL
CSD developed and made available an effectiveness assessment tool with the cooperation of all CSBG
Contractors in California. The tool describes performance guidelines in the areas of Leadership, ~
Governance, Administration, and Programs.
A. The effectiveness assessment tool is a resource for Contractors to assess the viability of their
organization.
B. If Contractor chooses to complete the effectiveness assessment tool, the results do not have to be
shared with CSD.
C. CSD does encourage the use of this tool. The document may be accessed at www.csd.ca.g_o_v.
7. COMPLIANCE MONITORING
A. As the recipient of federal CSBG Block Grant funds under this Agreement, Subcontractor is
responsible for substantiating that all costs claimed under this Agreement are allowable and
allocable under all applicable federal and state laws, and provisions, for tracing all costs to the level
of expenditure.
B. As the administrator for the CSBG Block Grant for the State, CSD is required to ensure the funds
allocated to Subcontractor are expended for the purposes identified in, federal and state CSBG law,
and for allowable and allocable costs under the applicable rules of the Office of Management and
Budget.
C. CAPOC and CSD are required to conduct onsite and follow-up monitoring of Subcontractor to
ensure that Subcontractor meets the performance goals, administrative standards, financial
management requirements, and other requirements of the federal and State CSBG program.
D. CAPOC and CSD shall provide subcontractor reasonable advance notice in writing of on-site
monitoring reviews of Subcontractor's program or fiscal performance.
Subcontractor shall cooperate with CAPOC and CSD program and audit staff and other
representatives, and provide access to all programs, records, documents, resources, personnel,
inventory and other things reasonably related to the administration and implementation of the
services and activities funded directly or indirectly by this Agreement.
E. In the event, CAPOC or CSD determines that Subcontractor is in non-compliance of material or
other legal requirements of this Agreement, CAPOC or CSD shall provide the observations,
recommendations or findings in writing, along with a specific action plan for correcting the non-
compliance.
25~-26
(2009 csBG)
EXHIBIT C
(Standard Agreement)
8. SPECIAL CONDITIONS FOR ENTITIES NOT MEETING TERMS OF THE AGREEMENT
A. In addition to the State's authority to terminate or suspend funding or deny refunding under federal
and State law and regulation, the State has authority to set fiscal control and fund accounting
procedures to fulfill the State's oversight responsibilities and ensure that CSBG Block Grant funds
are appropriately expended. Thus, notwithstanding the express exception in 45 CFR Part 92 as
applied to the CSBG Program, the State hereby incorporates by reference 45 CFR Part 92.12 and
may impose special conditions according to that section on Contractor for unsatisfactory
performance of the requirements, standards, and guidelines of this Agreement.
B. Subcontractor shall ensure that requirements set forth in this Agreement are met, that all required
documentation is submitted in a timely manner, and that any corrective action plans are fulfilled. In
the event that prescribed timelines are not met or corrective action is not taken, it shall be deemed a
material breach of this Agreement, and CAPOC or CSD shall take appropriate action, including but
not limited to withholding of advance payments and initiation of the suspension and termination
procedures provided by State and federal CSBG law.
9. AUDITING STANDARDS AND REPORTS
A. Auditing Standards
Subcontractor must follow all audit requirements as set forth in OMB Circular A-133 and the 2009
CSD Supplemental Audit Guide. The 2009 Supplemental Audit Guide is attached herein as ARRA
Exhibit D Attachment I.
B. Audit Reports
1) Funds provided under this Agreement shall be included in an audit conducted in accordance
with the provisions of OMB Circular A-133 for nonprofit and public agencies, standards
promulgated by the American Institute of Certified Public Accountants (AICPA), and those
standards included in "Government Auditing Standards, 2007 Revision, as amended.
2) The financial and compliance audit report shall contain the following supplementary
financial information: a combined statement of revenue and expenditures for each contract
that presents, by budget line item, revenue and expenditures for the audit period and a
description of the methodology used to allocate and claim indirect costs and any
administrative cost pools.
3) The audit report must specifically mention that a review for compliance with OMB Circulars
A-87 and A-122 was conducted.
4) Subcontractors shall submit to CAPOC one printed copy and one electronic copy of the
required audit report(s) and any management letter if issued by the accountant, within nine
months of the end of the Contractor's fiscal year, accompanied by a copy of the signed, final
engagement letter between Contractor and the independent auditor. Upon written request by
the Contractor's independent auditor, which includes an explanation of why the audit cannot
be submitted within nine months of the end of the Contractor's fiscal year, an extension may
be granted by CAPOC Chief Financial Auditor for submittal of the audit report not to
exceed an additional 30 calendar days from the original due date. The audit reports are to be
submitted to the following addresses:
25~-27
(2009 csBG)
EXHIBIT C
(Standard Agreement)
Printed copy:
Community Action Partnership of Orange County
Attention: Chief Financial Officer
12640 Knott
Garden Grove, CA 92841
Electronic copy:
mbrownnn,capoc.o~
5) Where services or funds under this Agreement are provided to, for, or by a wholly owned, or wholly
controlled subsidiary of Subcontractor, Subcontractor hereby provides assurance that an audit shall
be performed of this subsidiary organization in accordance with this Section. Said required audit
report shall be made available to the State upon request.
11. SUBCONTRACTS
Subcontracts are not allowed pursuant to this agreement.
12. INSURANCE
A. General Requirements
1) By execution of this Agreement, Subcontractor agrees that the below-required insurance
policies and bond shall be in effect at all times during the term of this Agreement.
2) Subcontractor shall provide CAPOC with written notice at least 30 calendar days prior to
cancellation or reduction of insurance coverage to an amount less than that required in this
Agreement.
3) In the event said insurance coverage expires at any time or times during the term of this
Agreement, Subcontractor agrees to provide within 30 calendar days prior to said expiration
date a new Certificate of Insurance (ACORD 25) evidencing insurance coverage as provided
for herein for not less than the remainder of the term of this Agreement. The Certificate
shall identify and name CAPOC as the Certificate Holder.
4) New Certificates of Insurance will be reviewed for content and form by CAPCO.
5) In the event Subcontractor fails to keep in effect at all times the specified insurance as herein
provided, CAPOC may, in addition to any other remedies it may have, suspend this
Agreement.
6) With the exception of workers' compensation, the State shall be named as additional insured
on all Certificates of Insurance required under this Agreement.
B Self-Insurance
1) When Subcontractor is aself-insured governmental entity, the State, upon satisfactory proof,
may waive the appropriate insurance requirements. To qualify for a waiver, an appropriate
county or city risk manager shall sign a certification that shall contain assurance of the
25~-28
(2009 CSBG)
EXHIBIT C
(Standard Agreement)
adequacy of the governmental entity's ability to cover any potential losses under this
Agreement.
2) Subcontractor shall specify in writing a list of which coverages) will be self-insured under
this Agreement and shall list all applicable policy numbers, expiration dates, and coverage
amount.
3) In the case that the Subcontractor's self-insurance coverage does not contain any changes
from the prior year, CSD will accept a certified letter signed by authorized personnel stating
that no changes have occurred from last year. This letter is due at the time of contract
execution or within 30 days of expiration of insurance.
4) Should Subcontractor utilize a subcontractor(s) to provide services under this Agreement,
Subcontractor shall indemnify and hold the State harmless against any liability incurred by
that subcontractor(s).
C. Workers' Compensation Insurance
1) Subcontractor shall have and maintain for the term of this Agreement workers'
compensation insurance issued by an insurance carrier licensed to underwrite workers'
compensation insurance in the State of California.
2) Subcontractor shall submit either an applicable Certificate of Insurance or a Certificate of
Consent to Self-Insure issued by the Director of the Department of Industrial Relations to
the State as evidence of compliance with the workers' compensation insurance requirement
prior to issuance of an initial cash advance.
13. AGREEMENT CHANGES
A. Amendment
Formal Amendments are required for changes to the term, total cost or Maximum Amount of this
Agreement, scope of work, and formal name changes. No amendment to this Agreement shall be
valid unless made in writing, signed by the parties and approved as required. No oral understanding
or Agreement not incorporated in the Agreement is binding on any of the parties.
B. Modification
1) Changes involving alterations such as changes to program activities and/or delivery
strategies will be considered modifications.
2) A modification to the projected budget is not required as long as the maximum amount
payable does not change. Any increase to out-of--state travel costs or changes to major
equipment purchases will require a modification.
3) If a Subcontractor intends to request a contract modification, the modification shall be
submitted no later than 30 calendar days prior to the expiration date of this Agreement.
25~-29
(2009 csBG)
EXHIBIT D
(Standard Agreement)
ADDITIONAL PROVISIONS:
1. FEDERAL CERTIFICATION REGARDING DEBARMENT SUSPENSION AND RELATED
MATTERS
Subcontractor hereby certifies to the best of its knowledge that it or any of its officers:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency.
B. Have not within athree-year period preceding this Agreement been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property.
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(federal, state, or local) with commission of any of the offenses enumerated in paragraph 2 of this
certification.
D. Have not within athree-year period preceding this Agreement had one or more public (federal,
state, or local) transactions terminated for cause or default.
E. If any of the above conditions are true for the subcontractor or any of its officers, Subcontractor Shall
describe such condition and include it as an attachment to this Exhibit D. Based on the
description, CSD in its discretion may decline to execute this Agreement, or set further conditions
of this Agreement. In the event any of the above conditions are true and not disclosed by
Subcontractor, it shall be deemed a material breach of this Agreement, and CSD may terminate this
Agreement for cause immediately pursuant to the termination provisions of State and federal law
governing the CSBG program.
2. PROCUREMENT
A. Contract Administration
1) Subcontractor shall administer this Agreement in accordance with all federal and state rules
and regulations and Recovery Act provisions governing CSBG pertaining to procurement,
including Office of Management and Budget (OMB) Circulars and amendments thereto,
consistent with the general OMB compliance requirement in Exhibit B to this Agreement.
Subcontractor shall establish, maintain, and follow written procurement procedures
consistent with the procurement standards in OMB Circulars A-102 and A-110 and all
additional provisions in this Agreement, including but not limited to a code of conduct for
the award and administration of contracts and a procedure that provides, to the maximum
extent practical, open and free competition.
2) Subcontractor shall not permit any organizational conflicts of interest or noncompetitive
practices that may restrict or eliminate competition or otherwise restrain trade. In order to
ensure objective subcontractor performance and eliminate unfair competitive advantage,
individuals, or firms that develop or draft specifications, requirements, statements of work,
25~-30
(2009 CSBG)
EXHIBIT D
(Standard Agreement)
invitations for bids, and/or requests for proposals shall be excluded from competing for such
procurements. Subcontractor shall award any subcontract to the bidder or offeror whose bid
or offer is responsive to the solicitation and is most advantageous to Contractor when
considering price, quality, and other factors. Subcontractor's solicitations shall clearly set
forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be
evaluated by the recipient.
3) Subcontractor assures that all supplies, materials, equipment, or services purchased or leased
with funds provided by this Agreement shall be used solely for the activities allowed under
this Agreement, unless a fair market value for such use is charged to the benefiting program
and credited to this Agreement.
4) In addition to adhering to all OMB requirements and the Subcontractor's established
procedures for all procurement transactions of any amount, for each purchase, lease, or
subcontract for any articles, supplies, equipment, or services obtained from vendors or
subcontractors where the per-unit cost exceeds $5,000, three competitive quotations shall be
obtained or adequate justification documented and maintained as to the absence of bidding.
In cases of a bona fide emergency where awarding a subcontract is necessary for the
immediate preservation of public health, welfare, or safety, documentation of the emergency
will be sufficient in lieu of the three-bid process.
5) To ensure that significant procurement transactions are conducted in an open and freely
competitive manner, Contractor shall comply with the following requirement:
a. Subcontractor shall prepare and submit a Request for Purchase/Lease Pre-Approval
(CSD 558) to CSD at least fifteen (15) calendar days prior to executing the
subcontract for each of the following procurement transactions:
i. Any articles, supplies, equipment or services having aper-unit cost in excess
of $5,000; or
ii. Any articles, supplies or equipment where the total contract amount exceeds
$100,000.
6) Noncompliance with any of the provisions in this Section 2. shall result in a disallowance of
the costs of the procurement transaction.
7) Subcontractor assures that it shall exercise due care in the use, maintenance, protection, and
preservation of state-owned property in Contractor's possession or any other property or
equipment procured by Contractor with State funds. Such care shall include, but is not
limited to, the following:
a. Maintaining insurance coverage against loss or damage to such property or
equipment.
b. Ensuring that the legal ownership of any motor vehicle or trailer is in the name of the
Contractor.
25~-31
(2009 CSBG)
EXHIBIT D
(Standard Agreement)
B. Limitation on Use of Funds
Subcontractor shall assure that funds received under this Agreement shall not be used for the
purchase or improvement of land or for the purchase, construction, or permanent improvement of
any building or other facility other than low-income weatherization or energy-related home repairs.
3. AFFIRMATIVE ACTION COMPLIANCE
A. Each Subcontractor or subcontractor with 50 or more employees and an agreement of
$50,000 or more shall be required to develop a written Affirmative Action Compliance
Program.
B. The written program shall follow the guidelines set forth in Title 41 CFR Section 60-1.40,
Sections 60-2.10 through 60-2.32, Sections 60-250.1 through 60-250.33, and
Sections 60-741.4 through 60-741.32.
C. Each Subcontractor with less than 50 employees shall comply with Section 202 of Part II of
Executive Order 11246, as amended by Executive Order 11375. Contractor shall ensure that
subcontractors falling within the scope of this provision shall comply in full with the
requirements thereof.
4. NONDISCRIMINATION COMPLIANCE
A. Subcontractor's signature affixed hereon shall constitute a certification that to the best of its ability
and knowledge will, unless exempted, comply with the nondiscrimination program requirements set
forth in this section.
B. Subcontractor hereby certifies compliance with the following:
1) Federal Executive Order 11246, as amended by Executive Order 11375, relating to equal
employment opportunity.
2) Title VI and Title VII of the Civil Rights Act of 1964, as amended.
3) Rehabilitation Act of 1973, as amended.
4) Vietnam Era Veterans Readjustment Assistance Act of 1972, as amended.
5) Title 41, Code of Federal Regulations (CFR), Chapter 60, Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor, as amended.
6) Public Law 101-336, Americans with Disabilities Act of 1990, as amended.
5. SPECIFIC ASSURANCES
A. Pro-Children Act of 1994
1) This Agreement incorporates by reference all provisions set forth in Public Law 103-227,
Part C -Environmental Tobacco Smoke, also known as the Pro-Children Act of 1994 (Act).
2) Subcontractor further agrees that the above language will be included in any subcontracts
that contain provisions for children's services and that all subcontractors shall certify
compliance accordingly. For detailed explanation, see www.csd.ca.gov.
251E-32
(2009 CSBG)
EXHIBIT D
(Standard Agreement)
3) This Agreement incorporates by reference all provisions set forth in the Child Support
Services and Referrals (Section 678 (b) 1998 CSBG Reauthorization Act)." For detailed
explanation, see www.csd.ca.gov.
B. American-Made Equipment/Products
Subcontractor shall assure, pursuant to Public Law 103-333, Section 507, to the extent practicable,
that all equipment and products purchased with funds made available under this Agreement shall be
American made.
C. Federal and State Occupational Safety and Health Statutes
Subcontractor assures that it shall be in compliance with the provisions as set forth in Federal and
State Occupational Safety and Health Statutes; the California Safe Drinking Water and Toxic
Enforcement Act of 1986; Universal Waste Rule (Hazardous Waste Management System:
Modification of the Hazardous Waste Recycling Regulatory Program); Final Rule; and Workers'
Compensation laws.
D. Political Activities
1) Subcontractor shall refrain from all political activities if such activities involve the use of
any funds that are the subject of this Agreement.
2) Subcontractor is prohibited from any activity that is designed to provide voters or
prospective voters with transportation to the polls or to provide similar assistance in
connection with an election if such activities involve the use of any funds that are subject to
this Agreement.
E. Lobbying Activities
1) Subcontractor shall refrain from all lobbying activities if such activities involve the use of
any funds that are the subject of this Agreement or any other fund, programs, projects, or
activities that flow from this Agreement.
2) If Subcontractor engages in lobbying activities, Subcontractor shall complete, sign and date
the CERTIFICATION REGARDING LOBBYING/DISCLOSURE OF LOBBYING
ACTIVITIES, EXHIBIT G, as required by the U.S. Department of Health and Human
Services under 45 CFR Part 93.
6. RIGHT TO MONITOR AUDIT AND INVESTIGATE
A. Any duly authorized representative of the federal or state government, which includes but is not
limited to the State Auditor, CSD Staff, and any entity selected by CSD to perform inspections,
shall have the right to monitor and audit Subcontractor and all subcontractors providing services
under this Agreement through on-site inspections, audits, and other applicable means the State
determines necessary.
B. Subcontractor shall make available all reasonable information necessary to substantiate that
expenditures under this agreement are allowable and allocable, including, but not limited to books,
documents, papers, and records. Subcontractor shall agree to make such information available to
the federal government, the state, or any of their duly authorized representatives including
representatives of the entity selected by CSD to perform inspections, for examination, copying, or
25~-33
(2009 CSBG)
EXHIBIT D
(Standard Agreement)
mechanical reproduction, on or off the premises of the appropriate entity upon a reasonable request
therefor.
C. Any duly authorized representative of the federal or state government shall have the right to
undertake investigations in accordance with Public Law 97-35, as amended.
D. All agreements entered into by Subcontractor with audit firms for purposes of conducting
independent audits under this Agreement shall contain a clause permitting any duly authorized
representative of the federal or state government access to the working papers of said audit firm(s).
7. RECORD KEEPING
A. All records maintained by Subcontractor shall meet the OMB requirements contained in the
following Circulars: A-102, Subpart C, ("Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments") or A-110, Subpart C, Nonprofit
Organizations, whichever is applicable.
B. Subcontractor shall maintain all records pertaining to this Agreement for a minimum period of three
years after submission of the final report. However, Subcontractor shall maintain all such records
until resolution of all audit and monitoring findings are completed.
C. Subcontractor assures that employee and applicant records shall be maintained in a confidential
manner to assure compliance with the Information Practices Act of 1977, as amended, and the
Federal Privacy Act of 1974, as amended.
8. ADMINISTRATIVE HEARING FOR DENIAL OF CLIENT BENEFITS BY CONTRACTOR
A. Subcontractor has read and agrees to strictly comply with Title 22 of the California Code of
Regulations, Section 100751, as amended, which sets forth elements to be included in client benefit
denial appeal procedures and shall advise individuals who have been denied assistance of their
twenty (20) day right to appeal to the State for an administrative hearing pursuant to
42 USC 8624(b)(13), as amended.
B. Within five (5) working days of receipt of an appeal from a client, CSD's Fair Hearings Officer
shall schedule an administrative hearing to be conducted no later than thirty (30) calendar days from
the receipt of the request.
C. The client may withdraw request for appeal for administrative hearing at any time during the appeal
process by rendering written or oral notice to the State. Where oral notice is given, such notice
shall be confirmed in writing by the Parties.
25~~-34
(2009 CSBG)
EXHIBIT E
(Standard Agreement)
DEFINITIONS
All terms used in this Agreement shall be those as defined in applicable federal and state law (see 42 U.S.C. §
9902 and Govt. Code § 12730) and regulation (see 45 C.F.R. Part 96 and 22 C.C.R. § 100601), or as more
specifically defined as:
Agreement: The complete contents of this contract entered into by and between the CSD and
Contractor, including all rights, duties, and obligations whether expressed or implied
required toward the legal performance of the terms hereof, and including all
documents expressly incorporated by reference.
Amendment: A formal change to the Agreement of a material nature including but not limited to
the term, scope of work, or name change of one of the Parties, or a change of the
maximum amount of this Agreement.
American Reinvestment
And Recovery Act of 2009: The act signed February 17, 2009 by President Obama to create jobs, stimulate the
economy, and make significant improvements to the nation's infrastructure.
Authorized A ent: The duly authorized representative of the Board of Directors of Contractor, and the
duly elected or appointed, qualified, and acting officer of the State. In the case of
Contractor, the State shall be in receipt of a board resolution affirming the agent's
representative capacity to bind Contractor to the terms of this Agreement.
Board of Directors: For the purposes of a private nonprofit Community Action Agency, Board of
Directors refers to the tripartite board as mandated by 42 U.S.C. § 9910 and
Government Code § 12751. For the purposes of a publicly governed Community
Action Agency, Board of Directors refers to the tripartite advisory/ administering
board that is mandated by 42 U.S.C. § 9910 and California Government Code §
12752.1 and established by the political subdivision or local government.
Community Action Agency: A public, or private nonprofit, agency that fulfills all requirements of Government
Code § 12750.
Contractor: The entity (partnership, corporation, association, agency, or individual) designated
on the face sheet (STD 213) of this Agreement.
CSD: The State of California Department of Community Services and Development.
Final Allocation: The actual amount of funds available to Contractor under this Agreement, as
calculated pursuant to Government Code § 12759 after CSD receives the notice of
grant award for the full allocation based on the appropriation by Congress for the
related federal fiscal year, and as publicly announced by CSD's Director or designee,
subsequent to the execution of this Agreement.
Maximum Amount: The dollar amount reflected on line 3 of the face sheet (STD 213) of this Agreement.
Modification: An immaterial change to this Agreement that does not require an Amendment.
Parties: CSD on behalf of the State of California, and the Contractor.
Program: The Community Services Block Grant (CSBG) Program, 42 USC 9901 et seq., as
amended.
251-35
(2009 CSBG)
EXHIBIT E
(Standard Agreement)
State: The State of California Department of Community Services and Development.
Subcontractor: An entity (partnership, tribe, corporation, association, agency, or individual) that
enters into a separate contract or agreement with Contractor to fulfill direct program
or administrative tasks in support of this Agreement.
Subcontract: A separate contract or agreement entered into by and between Contractor and
Subcontractor to fulfill direct program or administrative tasks in support of this
Agreement.
25~-36
EXHIBIT F
ALT H 4
c~ ti~ CERTIFICATION REGARDING LOBBYING
r DEPARTMENT OF HEALTH AND HUMAN SERVICES
~ FAMILY SUPPORT ADMINISTRATION
2
~
r a'"
bay ,,~~c PROGRAM: Community Services Block Grant/ARRA
°•ust~•e
PERIOD: JUIy 1, 2009 through September 30, 2010
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on
behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be
included in the award document for subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction
imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
Title Signature
Agency/Organization Date
25L~-37
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
0348-0046
Complete the form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure.)
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
? a. contract a. bid/offer/application ? a. initial filing
b. grant ? b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year quarter
f. loan insurance date of Last report
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name
and Address of Prime:
? Prime ?Subawardee
Tier , if known:
Congressional District, if known: Congressional District, if known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, Ifapplicab/e:
8. Federal Action Number, if known: 9. Award Amount, ifknown:
10. a. Name address of Lobbying Entity b. Individuals Performing Services (including address if
(if individual, last name, first, name, MI): different from No. 10a)
(last name, tryst name, MI):
(attach Continuation Sheet(s) SF-LLL-A, if necessary)
11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply):
? a. retainer
? actual ? planned ? b. one-time fee
12. Form of Payment (check all that apply): ? c. commission
? a. cash ? d. contingent fee
? b. in-kind; specify: nature ? e. deferred
Value
? f. other; specify:
14. Brief Description of Services Performed or to be Performed and Date(s) of Services, including officer(s), employee(s), or
Member(s), contacted, for Payment indicated in Item 11:
(attach Continuation Sheet(s) SF-LLL-A, if necessary)
15. Continuation Sheets SF-LLL-A attached: ? Yes ? No
16. Information requested through this form is authorized by Signature:
Title 31 U.S.C. section 1352. This disclosure of lobbying
activities is a material representation of fact upon which Print Name:
reliance was placed by the tier above when this
transaction was made or entered into. This disclosure is Title:
required pursuant to 31 U.S.C. 1353. This information will
be reported to the Congress semi-annually and will be
available for public inspection. Any person who fails to
file the required disclosure shall be subject to a civil
penalty for not less than 510,000 and not more than
X100,000 for each failure. Telephone No.: Date:
FederaF Use Onlyr Authorized for Local Reproductions
Standard Form -LLL
25~-38
DISCLOSURE OF LOBBYING ACTIVITIES Approved ay OMB
CONTINUATION SHEET 0348-0046
Reporting Entity: Page of
F3
25L-39
Authorized for Local Reproduction
Standard Form -LLL-A
INSTRUCTION FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a
covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each
payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action.
Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the
initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional
information.
1. Identity the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a
covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information
previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted
report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and ZIP Code of the reporting entity. Include Congressional District, if known. Check the
appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify
the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to
subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in Item 4 checks "subawardee", then enter the full name, address, city, state and zip code of
the prime Federal recipient. Include Congressional District, if known
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below
agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal
Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for
Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number;
the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal
amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in
item 4 to influence the covered Federal action.
(b) Enter the full name of the individual(s) performing services, and include full address if different from 10 (a). Enter Last
Name, First Name, and Middle Initial (MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity
(item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is
a material change report, enter the cumulative amount of payment made or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the
nature and value of the in-kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and
the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with
Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of
Congress that were contacted.
15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budgets. Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.
\\CODra~shared\COntrada\COmmunity Services Block Grent\CSBG American Recovery 8 Reinvestment AdWRRA Coniracl FxhiGis\CSBG EXHIBIT F -Lobbying Certifcation 10 01 08..doc
F4
25L-40
I
REQUEST FOR .
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE APPROVED
CONSULTANT AGREEMENT WITH ? As Recommended
CONSENSUS, INC. FOR GO LOCAL ? As Amended
PROGRAM STEP 2 PUBLIC ? Ordinance on 2"d Re df ng
OUTREACH (PROJECT 092505) ? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
L4 f' f % 4"^----~~ FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute the attached agreement with
Consensus Inc. in an amount not to exceed $150,000 for the expanded public outreach
program for the City's Transit Vision, subject to nonsubstantive changes approved by the City
Manager and City Attorney.
DISCUSSION
On May 12, 2008 the OCTA Board allocated $5.9 million in Step 2 funding to Santa Ana for
planning and development of a modern streetcar concept. On August 3, 2009, the City Council
authorized staff to execute an agreement with the Cordoba Corporation and its team of
consultants to conduct the Go Local Program Step 2 technical analysis. At the same time, the
City Council approved a budget of $50,000 for purposes of contracting with a public outreach
firm to support Santa Ana's Go Local planning and development activities.
On January 4, 2010 the City Council authorized execution of a $50,000 consultant services
agreement with Consensus Inc. to initiate the public outreach program for the Santa Ana and
Garden Grove fixed guideway project. The preliminary phase of public outreach included
Stakeholders Working Group meetings in January and June, two public listening sessions for
the Santa Ana-Garden Grove Fixed Guideway project in February, five public scoping meetings
for the fixed guideway project in June, the development of content for the City's website, public
meeting notices, and fact sheets (produced in English and Spanish).
On May 17, 2010, the City Council authorized the Public Works Agency to send a Request for
Proposals to qualified firms to continue and expand the scope of the Go Local Program Step 2,
also known as the Santa Ana Transit Vision, public outreach program. Proposals were received
from three firms: Consensus Inc., Lee Andrews Group, and The Solis Group.
On June 23, 2010, a consultant selection committee ranked the firms based on their proven
experience in conducting comprehensive public outreach campaigns, quality of staff assigned
to the project, understanding of the project area and work tasks, familiarity with the
25M-1
Consultant Agreement with Consensus, Inc.
July 6, 2010
Page 2
geographical area of the project, past performance, demonstrated ability to stay on schedule,
and performance in an oral interview. The scores are shown below:
Firm Score
Consensus Inc. 93%
The Solis Group 77%
Lee Andrews Group 41
The primary reason cited for Consensus Inc. being ranked highest was the firm's excellent
understanding of the project which is due, in part, to its experience in supporting public
outreach activities for the project over the past six months. Other factors that distinguished
Consensus Inc. were the strengths of the individual assigned as project manager and the firm's
unique familiarity with the geographical area of the project.
Based on the evaluation committee's scoring and Consensus Ines superior performance in the
oral interview, staff recommends that Council award an agreement to Consensus Inc. to lead
the expanded public outreach effort for the City's Transit Vision. The work is projected to take
approximately 18 months to complete and the contract will be for an amount not to exceed
$150,000.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available in the Measure M -Street Construction Fund (account no.03217661-
66220, project 092505).
APPROVED AS TO FUNDS AND ACCOUNTS:
(~i1cC~t ~ ~ Al ~G~
a _ 1`"
Raul Godinez II Francisco Gutierrez
Executive Direct Executive Director
Public Works Agency Finance & Management Services Agency
RG/CK
Exhibit: Agreement
25M-2
AGREEMENT FOR PROVISION OF
PUBLIC OUTREACH SERVICES
THIS AGREEMENT, made and entered into this 6`h day of July, 2010 by and between
Consensus Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
public outreach, to inform the public regarding the Santa Ana Transit Vision, including
the Fixed Guideway System and other transit projects.
B. Consultant represents that Consultant is able and willing to provide such services to
the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform public outreach services to gain community understanding and
solicit community feedback regarding Santa Ana's Transit Vision, including the proposed Fixed
Guideway System, the Santa Ana Regional Transportation Center (SARTC), and related projects.
Among other things, the public outreach campaign will communicate anticipated community
benefits, potential community impacts, and possible economic development opportunities
associated with proposed transit projects. Said services shall be provided in accordance with the
City's Request for Proposals dated May 26, 2010, on file in the Public Works Agency and
incorporated into this Agreement by reference, and as more fully described in Consultant's
Proposal dated June 10, 2010, attached as Exhibit A, and incorporated by this reference.
2. DELIVERY OF WORK PRODUCT -OWNERSHIP
Consultant warrants and represents that it has the absolute right to enter into and perform
this Agreement and will perform its obligations hereunder in accordance with standards and
practices prevailing in the industry. Consultant's contribution to the Project, including works to
be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or
personal rights of any third person or party. Consultant shall deliver to City any work product
which results from the services provided. Said work product shall be submitted in hard copy and
produced in a form compatible with City's information systems, as agreed between the Project
Manager and Consultant.
25M-3
In regard to all material produced as a deliverable under this Agreement, including but
not limited to records, papers, drawings, specifications, programs, systems and other materials
prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents,
contractors, and volunteer workers, that (a) other such material shall be the property of the City,
and may not be copyrighted without prior review from the City, and (b) the authors of all such
material, whether copyrighted or not, award to the City, and to its officers, agents and employees
acting within the scope of their official duties, as a condition of payment to the Consultant, a
royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to
disclose, publish, translate, reproduce, and use such materials.
3. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Consultant's Cost Proposal, attached hereto as Exhibit B and
incorporated by reference. The total sum to be expended under this Agreement shall not exceed
$150,000.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. City shall retain ten
percent (10%) of the contract price for each project until the completed Project has been accepted
by City. Payment need not be made for work which fails to meet the standards of performance
set forth in the Recitals which may reasonably be expected by City.
4. TERM
This Agreement shall commence on the date first written above and terminate on
December 31, 2011, unless terminated earlier in accordance with Section 13, below. The term of
this Agreement may be extended by a writing executed by the Executive Director of Public
Works and the City Attorney.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all applicable
standards and regulations governing such services. Consultant shall pay all salaries and wages,
employer's social security taxes, unemployment insurance and similar taxes relating to employees
and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described
below:
25M-4
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to bodily
and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers,
employees, agents, volunteers and representatives as additional insured(s); (b) be primary with
respect to insurance or self-insurance programs maintained by the City; and (c) contain standard
separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 combined single limit. Such insurance shall include coverage
for owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
e. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including health, and claims for property damage, which may arise from the
negligence, recklessness or willful misconduct of the Consultant or its contractors,
25M-5
subcontractors, agents, employees, or other persons acting on their behalf which relates to the
services described in section 1 of this Agreement; and (2) from any claim that personal injury,
damages, just compensation, restitution, judicial or equitable relief is due by reason of the
negligence, recklessness or willful misconduct of Consultant arising from this Agreement. The
Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the
City, including fees and costs for special counsel to be selected by the City, regarding any action
by a third party asserting that personal injury, damages, just compensation, restitution, judicial or
equitable relief due to personal or property rights arises by reason of the terms of, or effects
arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
8. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include
all nonpublic information. Confidential information includes not only written information, but
also information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault
of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the
Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Consultant without reference to information
disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30) j
P.O. BOX 1988
Santa Ana, CA 92702-1988
facsimile (714) 647-6956
25M-6
With courtesy copies to:
Public Works Agency -Transportation Engineering Div.
City of Santa Ana
20 Civic Center Plaza (M-43)
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647-5616
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647-6515
To Consultant: Consensus inc.
17744 Skypark Circle, Suite 100
Irvine, California 92614
Facsimile (213) 438-1764
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to
have been given twenty-four (24) hours after the time set forth on the transmission report issued
by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating
these time frames, weekends, federal, state, County or City holidays shall be excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without II
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
25M-7
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate. However, any use of unfinished work product shall
be at City's sole risk.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Consultant affirms that it is an equal opportunity employer and
shall comply with all applicable federal, state and local laws and regulations.
15. JURISDICTION -VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be government and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may be
brought or arise out of, in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
25M-8
b. Captions and headings in this Agreement, including the title of this Agreement, are for
convenience only and are not to be considered in construing this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
CITY OF SANTA ANA
ATTEST:
MARIA D. HUIZAR DAVID N. REAM
Clerk of the Council City Manager
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney CONSENSUS INC.
By:
Laura Sheedy
Assistant City Attorney JENNIFER LABRADO
Vice President
Tax ID#
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EXHIBIT A
CONSENSUS PROPOSAL
JUNE 1, 2010
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Consensuslrlc.
Interact.lnnovate.lnfluence.
Proposal for:
City of Santa Ana Public Works Agency M-21
Santa Ana Transit Vision Public Outreach
June 10, 2010
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Consensusinc.
Interact. Innovate. I nfluence,
Table of Contents
Table of Contents i
Overview and Summar
y 1
Introduction ................................................................................................................................1
Our Experience .........................................................................................................................................1
Situation Analysis 2
Issues and Challenges .............................................................................................................................2
N/hy Consensus Inc.? ...............................................................................................................................3
Qualifications, References and Relevant Experience 4
~ Firm Introduction ........................................................................................................................4
Qualifications 4
Resumes 4
~ Relevant Experience ...............................................................................................................13
Work Plan 16
s
Public Outreach Approach .......................................................................................................16
~ Task 1: Develop Outreach/Communications Strategy 17
~ Task 2: Prepare and Present Study Information 20
Task 3: Stakeholder Working Group 24
Task 4: Attend Technical Team Meetings 24
Task 5: Coordinate With/Support Public Outreach Programs .................................................25
~ Task 6: Provide Timely Written Updates 25
Task 7: Assist with CEQA/NEPA Public Meetings 25
~ Task 8: Public Information Materials and Communications Infrastructure 26
~ Task 9: Media Outreach 27
Optional Tasks: Supplemental Outreach Efforts 28
~ Staffing Plan 30
Staff Organization Chart .........................................................................................................................30
Consensus Inc. Labor Resources Current and Projected Availability ....................................................32
Cost Proposal 34
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- Overview and Summary
Introduction
Consensus Inc. is pleased to present this response to the City of Santa Ana's Request for Proposal
for its Santa Ana Transit Vision Public Outreach. Consensus Inc. has been leading the public
outreach efforts for the Santa Ana and Garden Grove Fixed Guideway (a critical element of the City's
Transit Vision) since January of this year and has also contributed to the development of messaging
and branding efforts of other Transit Vision components. The outreach efforts conducted to date have
increased the community's understanding and awareness of the project, while helping to create a
more transparent and inclusive process. Although the process has just begun, since implementing
some of Consensus Inc.'s strategic communications tactics, the project has not received any negative
~ press and previous project opponents that have been included into the decision making process have
been cooperative.
~ Consensus Inc. understands the diversity that exists within the City of Santa Ana and provides the
third-party objectivity that is needed to ensure the success of the overall Transit Vision. Consensus
~ Inc. has been instrumental in bringing a higher awareness of the Santa Ana and Garden Grove Fixed
# Guideway Project to the public with grass roots tactics such as door-to-door business walks, a
Stakeholder Working Group, meeting one-on-one with key community and business stakeholders,
~ and developing comprehensive public information materials that resonate with the community.
As the incumbent outreach partner working on this effort, we believe that we have the community
insight, technical knowledge and qualifications to deliver a quality, cost-effective and inclusive public
~ outreach program for this project.
~ In addition, Consensus Inc. has a firm understanding of the City's Transit Vision-which aims to
~ improve the livability of the City by bringing more economic development, more public transportation
options, and greater interconnectivity of important destinations and landmarks throughout the City.
Consensus Inc. truly believes that the City's Transit Vision will bring numerous benefits to its historic
t~ neighborhoods, working class families, visitors and businesses. For example, this project will inject
new energy to the historic downtown core, which is currently at a crossroads of either thriving or
deteriorating. The Transit Vision will provide the necessary tools (transportation, zoning, and
economic development) to assist with the continued revitalization of the area.
~ Our Experience
In addition to our in-depth knowledge of Santa Ana history and political fabric, Consensus Inc. also
brings a vast depth of transportation experience to the project. From California High Speed Rail to
Go Local Step One and Step Two projects to the Anaheim Fixed-Guideway-we have the experience
'y'~ and know-how to deliver an efficient, legally defensible public outreach program in accordance with
.1~
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the California Environmental Quality Act and National Environmental Policy Act. Please also refer to
the qualifications provided in the next section for greater detail about our experience in successfully
preparing and executing outreach programs for complex transit studies.
Situation Analysis
Santa Ana is the fourth-most densely populated city in the U.S., preceded only by New York City, San
Francisco and Chicago. Its residents are heavily dependent on transit, and while existing bus service
provides good geographic coverage, the buses do not run frequently enough to adequately serve the
area. With recent bus service cutbacks, nighttime service on many routes has been reduced or
eliminated. And with a looming population growth of approximately 10 percent over the next 20 to 25
~ years, it is even more important that Santa Ana further develop its transportation infrastructure to
accommodate that growth.
In keeping with those needs, the City of Santa Ana is working with the City of Garden Grove to design
~ anew public transportation solution for residents, employees, and visitors to important destinations in
Santa Ana and connecting to the future transportation center in Garden Grove.
'J] The vision of Santa Ana's leadership is to increase livability in the city through proper land use
~ decisions and increasing quality public transportation options, and they have developed a strategy for
fostering new economic development through improving these qualities.
With this proposal, Consensus Inc. is recommending a plan that not only fulfills, but exceeds the
requirements of the environmental review process. It has been designed to engage the public with
the end goal of building consensus for an alternative, and then cultivating community advocates to lay
I~ ~ the groundwork for future funding phases (Go Local Step Three). This process is not, however,
without inherent challenges.
Issues and Challenges
The City's vision has sometimes been misunderstood and/or mischaracterized by certain vocal
stakeholders-creating a politically charged environment that has attracted the attention of local
media. Accusations about not adequately involving the public and backroom dealing have
compromised perceptions about this being a public process, thereby reducing trust in government
and city staff and affecting the integrity of the project.
What's the solution? The public plays an important role in helping to shape this vision. And only
through frequent communication-with a keen eye to neighborhood demographics and
communicating with the key publics in the manner in which they are most accustomed to
communicating-can a successful outreach program be implemented. Santa Ana is known to be a
low-income, disengaged community. By giving the public options for participation and making it
convenient for them to participate, the City can bolster the integrity of the process while improving
public perception of the project and building trust in city leaders. Implementing social media tools and
~ delivering them to the public where they currently gather-activity centers, church and neighborhood
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centers-is the single best way to accomplish this in today's rapidly changing communications
~i; environment.
Why Consensus lnc.?
In short, Consensus Inc. has the staff, experience, and rich transportation history to best serve this
complex communication effort. In selecting our teaming partners, assigning key personnel and
developing our work plan, we considered:
w Previous knowledge and experience in Santa Ana
¦ Vast experience working on Go Local projects ip Steps One and Two in cities throughout Orange
County
¦ Sensitivity to the project context, recognizing that any transit improvements need to be
seamlessly integrated into a mature urban corridor rich in community context
¦ The right expertise and experience to manage the scope and schedule while taking advantage of
streamlining opportunities
¦ Staff who are focused, available and accessible with the right range of skills and experience on
major transit projects
E
¦ The ability to develop, implement, and monitor responsive schedules focused on long-term
results, as well as short-term milestones
¦ Proven experience in applying creative methods and innovative techniques to work smarter,
deliver reliable results and advance decision-making
Consensus Inc. is proud to have served as the public outreach partner for the Santa Ana Fixed
Guideway Project Connecting to Garden Grove and we look forward to continuing to help build
understanding and acceptance of the city's transportation planning vision within the community.
P
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Qualifications, References and
Relevant Experience
Firm Introduction
Consensus Inc. is a leading California strategic communications firm with a keen understanding of
how community relations, media strategy and political outreach work seamlessly together to deliver
results for clients. With offices in Irvine and Los Angeles, Consensus Inc. specializes in
communicating complex, controversial information to communities, public officials and the media.
Since 1986, hundreds of companies have sought our advice to help communicate their stories to
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stakeholders, decision-makers and the media on a variety of important matters, including
transportation, land use, real estate development, alternative energy, environmental remediation,
aviation, education and more. Consensus Inc. counsels a wide range of clients in both the public and
private sector and has worked extensively managing public involvement for transportation and rail
projects including: Anaheim Fixed-Guideway Transit Corridor Study, Go Local Study, and Anaheim
Transit Master Plan; California High Speed Rail Commission and California High Speed Rail Authority
Feasibility Studies and EIRs/EISs; AMTRAK; Southern California Association of Governments Study
_ of Commuter Rail Los Angeles through Orange County; Los Angeles County Metropolitan
Transportation Authority Mid-Cities/Vllestside Commuter Rail project, the Exposition Metro Line
Construction Authority's Culver City to Santa Monica line.
In 1993, Consensus Inc. became part of the team doing California's first study of High Speed Rail. A
year later, Consensus Inc. was awarded the contract for statewide public involvement services.
Currently, the firm is overseeing public involvement for the National Environmental Policy Act (NEPA)
and California Environmental Quality Act (CEQA) studies of two High Speed Rail studies in California,
Los Angeles to Anaheim and Los Angeles to Palmdale.
Our single-minded focus on achieving results consistently earns us industry accolades and awards,
but more importantly, it forms long-lasting relationships with our clients, some of whom have been us
with for more than 15 years. They trust us to effectively handle their most sensitive and difficult
communications challenges, and we appreciate the opportunity to work with them.
Qualifications
A Detailed statement of the Consensus Inc.'s qualifications and previous experience in conducting
similar work is provided below.
Resumes
One-page resumes for personnel who will perform work on this project are located on the following
pages and include the percentage of time each team member will devote to this engagement.
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~r` PROFESSIONAL EXPERIENCE
As vice president for Consensus Inc. in Orange County, Jennifer Labrado brings an
ra understanding of the region's issues, politics and communities to our firm. Jen designs
~ and directs strategic communication and outreach programs for key Consensus Inc.
clients. She has an extensive understanding of Orange County's politics, players and
unique characteristics, and expertise in multi-modal and transit oriented development
F, projects. She holds membership in numerous professional organizations, and her work
has been recognized by both -the Los Angeles and Orange County chapters of the
~ Public Relations Society of America (PRSA).
1
~ SELECTED PROJECT EXPERIENCE
;F
~ ¦ Public Involvement Program for the Anaheim Fixed-Guideway Transit
Corridor Study (EIR/EIS) -City of Anaheim. Jen serves as principal in charge for
~ ~ the public involvement program and is tasked with overseeing the entire public
outreach strategy. The public outreach strategy is designed to educate
~ 5 ~ stakeholders, elected officials, and other target audiences and ensure maximum
> public input throughout the study.
~ i ~f`, ¦ California High-Speed Rail Authority, Public Involvement Program for the
~ Prq~,e~c t~~~ , ~ = tix ` ~ Anaheim to Los Angeles segment. Jen designs and directs the public outreach
~ zy;"f, ~ = efforts for the Anaheim to Los Angeles section of the California High-Speed Rail
~~"~4 ~ project. She directs strategy to educate local and regional stakeholders about the
~ ~ ~i,~s ~ ro ect and obtain their in ut to incor orate into the environmental review process.
~ ~1ixv~r.~(y;~f ~ av~s,. P 1 P P
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= 1. ~w 4 F Y ¦ Orange County Transportation Authority (OCTA), Public Involvement Program
~ ~ ; ` ~ j for the I-405 Environmental Phase. Jen develops and directs the strategy and
~Yy~a~= ,k j ~~t f im lementation of the ublic involvement ro ram for OCTA's I-405 Im rovement
~ ~ ~~,~1 . P P P 9 P
; ~x}u,~g Project. The public involvement program is being conducted to meet the
requirements of CEQA and NEPA while broadening the dialogue surrounding this
, s regional corridor. The program utilizes both traditional outreach and social media
tactics to reach and engage stakeholders.
~+r{'L -
~ ¦ Orange County Transportation Authority (OCTA): Public Involvement Program
'sa .n Y
R - fit' for South Orange County Major Investment Study (SOCMIS). As project
~F ~ r„ manager, Jen developed and directed the public involvement program identifying
~ ~ ~ i.a the transportation needs and opportunities for the 14 cities in South Orange County.
~ I ~,>~F- The public involvement program fostered active public engagement and feedback
5 f ~ M,t, from the public was used in the development of an improvement alternative with
` ° ~ ` ~ ' local support.
`i ~ ~ _ ; ¦ Public Involvement Program for the Riverside County -Orange County
~r ~ ~ ~ ~{z3 Y:, . Corridor Major Investment Study (91MIS)-Orange County Transportation
~~r.. , -
~ ~ _ Authority (OCTA). As deputy project manager, Jen led all public outreach activities
~ _t ~ >
~~n 3<r : and designed and implemented a countywide public involvement program for
r"' ~ OCTA's Riverside County -Orange County Corridor Major Investment Study to
~ ~''~tir , 4 ~ ~f~ improve mobility between the two counties. The outreach strate utilized multi le
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'efi~ ~ n~,:, " tools and resources including community meetings, surveys, roundtables, elected
' ~Gti.t `-4" official briefings, mainstream media outreach, newsletters, email alerts, fact sheets,
r~~ of _ websites and effective partnering with government and community organizations.
L;
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PROFESSIONAL EXPERIENCE
Taraneh offers a wealth of experience in environmental issues and both traditional and
new media strategies. As a public affairs associate in Orange County, she worked with
`environmental and public works clients on community outreach projects, organizing
information sessions to build support for Orange County Water District projects, as well
as other public and private ventures. Taraneh represented the Orange County Water
_ District's Groundwater Replenishment System, a revolutionary program that boosted the
`county's water reliability. To raise awareness about the system in the local community,
Taraneh organized and took part in a variety of outreach events, including the
coordination of meetings with community groups and creative representation of the
project at local events. These efforts contributed to widespread support of a project that
was controversial at the outset. Taraneh possesses a diverse media background. She
~ TARANEH has organized multimedia campaigns to raise awareness about pressing social issues
ARHAMSADR =such as safe surrender laws for infants, and worked as a member of a documentary
Assistant Account team that created short films about real women in America.
Manager
Taraneh received her Bachelor of Arts degree in Environmental Analysis and Design
from the University of California, Irvine and a Master of Arts degree in Public
~ Consensus inc. Administration with an emphasis in Environmental Policy from San Francisco State
University.
~ SELECTED PROJECT EXPERIENCE
Deputy Project Manager
¦ California High-Speed Rail Authority: Public Involvement Program for the
M.A., Public Administration Anaheim to Los Angeles segment. Taraneh oversees the public outreach efforts
~ san Francsco stare universrfy > for the Anaheim to Los Angeles section of the California High-Speed Rail project.
She directs outreach activities designed to educate local and regional stakeholders
~ B.A., Environmental Anarysis about the project and obtain their input to incorporate into the environmental review
and Design
University of California, ~rvlne process. In addition, Taraneh develops high-level public information materials and
prepares the outreach staff for briefings with key stakeholders. She works closely
with the project team to develop outreach strategies that best fits the needs of the
~ a years various communities along the high-speed train corridor.
¦ Iberdrola Renewables: Tule Wind Project Outreach Program. Consensus Inc. is
Fluent in Farsi currently implementing a comprehensive community outreach and support building
program for the Tule Wind Project in connection to their initiation of the CEQA and
55% NEPA processes. Taraneh handles public outreach activities for Tule Wind Project.
She develops key messages for the project and coordinates briefings and
presentations with key community members. This project will be one of the first
~ wind projects developed in San Diego County and is facing substantial challenges
in the form of community concern, and existing misinformation related to San Diego
Gas & Electric's highly controversial Sunrise Powerlink project.
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PROFESSIONAL EXPERIENCE
Based in the Irvine office, Michelle directs public relations and outreach programs for
transportation, renewable energy, real estate development and wastewater issues. She
has extensive experience in advertising and public relations, working for firms in San
Diego and Indiana, managing branding efforts for clients in the transportation,
r.,,° ° ~ construction, real estate, and economic development industries. She has expertise in
crisis and reputation management, providing strategic counsel on soil and groundwater
^"~r ~ contamination and sensitive health care industry issues. Her clients included the
Bloomington Economic Development Corporation, for whom she worked more than five
years to promote the city as a "Best Place" to work, live and play -earning media
coverage for the city and its success stories in the Wall Street Journal, Entrepreneur
Magazine, Chicago Tribune and other top tier publications. Michelle has written feature
MICHELLE SINNING stories for The San Diego Daily Transcript, San Diego Business Journal, California Real
Senior Account Estate Journal, Western Real Estate News, Business Facilities and Multifamily
.Manager Executive. She is a graduate of the University of Wisconsin, Stevens Point, with a
Bachelor of Science degree in Communication (with concentrations in public relations
and journalism). She is an accredited member of the Public Relations Society of
America.
Consensus Inc.
SELECTED PROJECT EXPERIENCE
Media Relations ¦ City of Anaheim: Public Involvement Program for the Anaheim Fixed-
Guideway Transit Corridor Study (EIR/EIS). Michelle serves as project manager
and is tasked with developing a public involvement program and an aggressive
as., communications public outreach strategy for the project. The public outreach strate g
(Jniversity of Wisconsin, gy IS deSl ned t0
stevens point.. educate stakeholders, elected officials, and other target audiences and ensure
maximum public input throughout the study.
~s years. ¦ California High Speed Rail Authority: Public Involvement Program for the
Anaheim to Los Angeles Segment. As deputy project manager Michelle manages
the public outreach efforts for the Anaheim to Los Angeles section of the California
High-Speed Rail project with emphasis on media relations. This comprehensive
Accredited Member, Public
Relations Society of America program meets the requirements of the environmental process while building
awareness and engagement throughout the corridor and the region.
ao°i° ¦ Orange County Transportation Authority (OCTA): Public Involvement Program
for the I-405 Environmental Phase. As project manager Michelle assists with
strategy development and oversees task delivery of the public involvement program
for OCTA's I-405 Improvement Project. The public involvement program is being
conducted to meet the requirements of CEQA and NEPA while broadening the
dialogue surrounding this regional corridor. The program utilizes both traditional
outreach and social media tactics to reach and engage stakeholders.
¦ Iberdrola Renewables: Tule Wind Project Outreach Program. Consensus Inc. is
currently implementing a comprehensive community outreach and support building
program for the Tule Wind Project in connection to their initiation of the CEQA and
NEPA processes. Michelle develops the outreach and social media strategy for
Tule Wind Project. During initial stages of the project Michelle oversaw the creation
of all social media platforms that include a Twitter page, Facebook page, and
YouTube channel.
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i, - y~~'~k' ~'v<< PROFESSIONAL EXPERIENCE
~a
~ Lilian De Loza has been with Consensus Inc. for more than 16 years and leads
the public-sector outreach and communications practice. She brings a wealth of
- knowledge and experience in outreach to multicultural communities and public
_ ~ involvement programs that comply with the California Environmental Quality Act
and National Environmental Policy Act (CEQA/NEPA). She has also developed
and implemented numerous successful community relations programs for retail,
transportation, housing, public facilities and environmental remediation projects.
_ Her commitment to diversity issues extends to her work with Hispanas Organized
for Political Equality (HOPE) -Leadership Institute, of which she is an alumna.
Prior to working for Consensus Inc., Lilian served as an aide to the late Los
' ~ Angeles Mayor Tom Bradley and former Council Member Rita Walters. In these
capacities with the City of Los Angeles, she served as their liaison to the Latino
community. Lilian holds a Bachelor of Arts degree in Sociology from Occidental
r ~ College, has studied in Cuernavaca, Morelos, Mexico, and is fluent in Spanish.
~ SELECTED PROJECT EXPERIENCE
~ '
¦ California High-Speed Rail Authority (CHSRA): Public Involvement
® Programs for the Feasibility and Environmental Studies of a High-Speed
~ < Rail System in California. Lilian has developed and implemented statewide
- public involvement programs for CAHSRA for more than 14 years, including
t~ ,
~ A~ strategic communications and media relations programs for various feasibility
Dcc ~ '.`M1 ~ and environmental studies.
. ~ ~
! ` ¦ Metro Gold Line Foothill Extension Construction Authority: Gold Line
_ ~ Foothill Extension Community and Media Outreach. Lilian provides
Y strategic counsel to the community outreach team and Authority leadership to
F} U ~ `
support the Phase 2A Extension from Pasadena to Azusa.
' ~s ~ ~ , ¦ California Department of Transportation (Caltrans). Lilian directs the
~ "Y ~ "F ` ~ public outreach services for the Caltrans District 7 I-405/Arbor Vitae
~ . ~ Interchange project. Consensus Inc. pioneered the use of UStream for
Caltrans by broadcasting live footage and a chat feed of a public meeting on
~ f . the Internet.
f~ .
¦ Exposition Metro Line Construction Authority (EXPO). Lilian directs and
. t~ ~ coordinates all public outreach for the second phase of the Expo Line
r. ~ `4z between Culver City and Santa Monica. In early 2010, the Final
~ , Environmental Impact Report (FEIR) was certified and the preferred
• alternative was selected. Consensus Inc. continues to work with the Expo
~7 ~
• Authority and provides timely and relevant information regarding design/build
FAQ ? ` and construction updates to stakeholders throughout the corridor.
;`4~ ¦ Los Angeles County Metropolitan Transportation Authority (Metro):
G~ -s L., x:° Public Involvement Programs for the San Fernando Valley East-West
3
~ Transit Corridor (Orange Line) MIS/EIS/SEIR Bus Rapid Transit Project
~ and Northern Canoga Extension EIR. Lilian developed and managed the
~r ; r •ux Public Involvement Program for the San Fernando Valley East-West Transit
~ Corridor (Orange Line MIS/EIS/EIR) and Northern Canoga Extension EIR.
$ ~ F,
~ .fib
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~ ;r x PROFESSIONAL EXPERIENCE
Abraham Mercado plans and implements outreach activities for public clients, as
well as support campaigns for private clients. Abraham is also involved in
'coordinating community meetings, developing public information materials, and
® 'interfacing with project stakeholders. While working for Consensus Inc., Abraham
has worked on multiple projects requiring bilingual-bicultural outreach to
stakeholders and works to identify key issues related to building stakeholder
support, creating and implementing outreach strategies, dealing with diverse
'y;, communities, developing and maintaining contact with elected officials, and
responding to stakeholder concerns.
~y.
~ l =SELECTED PROJECT EXPERIENCE
_ ~f" ~ ¦ City of Irvine: Grassroots Outreach and Marketing for the IBC i-Shuttle
Outreach Phase II. The City of Irvine contracted Consensus Inc. to conduct a
® strategic communications and marketing program for the Irvine iShuttle. The
a , iShuttle is a commuter service that connects the Tustin Metrolink Station with
key employment centers in the City of Irvine and John Wayne Airport.
~ Abraham serves on the outreach team and implements the day-to-day
activities of the business and residential marketing programs.
r~,:._
f' ' ' ¦ City of Anaheim: Public Involvement Program for the Anaheim Fixed-
Guideway Transit Corridor Study (EIR/EIS). Consensus Inc. is currently
4.
, engaged as the outreach sub-consultant for the Anaheim Fixed-Guideway
~ y~: Transit Corridor Study and is charged with leading the outreach efforts on
behalf of the city. Abraham coordinates public meetings, maintains key
,t.
community concerns and executes public outreach activities for the project.
j~~
N'~ ¦ California High-Speed Rail Authority: Public Involvement Program for
k~
i ' ' the Los Angeles to Palmdale segment. Abraham maintains the key
tY ~
d'y t stakeholder database and handles support building activities for the CHSRA
r° ` project.
;,t.,
F~ue~ ~ ¦ California Department of Transportation (Caltrans): Public Outreach
. ~ y Services for Arbor Vitae On/Off Ramp. Abraham handles bilingual support
~ building activities and stakeholder outreach to facilitate involvement from local
~ business owners and impacted residents surrounding the Arbor Vitae
's interchange.
3
'~4~'= ~ ¦ Los Angeles County Transportation Authority (Metro): Public Outreach
,fir: y
' ~ for the Canoga Transportation Corridor, Orange Line Extension Project,
y~ is
} 5wyr Canoga Park, California: Abraham coordinated and staffed public meetings,
f~: maintained a log of key community concerns in the stakeholder database, and
. conducted bilingual outreach for the Metro Orange Line project. Over an 18-
_ month period, Consensus Inc. held scoping meetings, public hearings,
rim`
_ presentations to key groups and leaders to elicit public participation and
® r~-.. - ~ ` .
~ , feedback on the alternatives and the scope of the EIR.
~ e ¦ Orange County Transportation Authority (OCTA): Public Involvement
- : Program for the I-405 Environmental Phase. Abraham developed public
information materials, maintained the key stakeholder database, and
« ~ developed outreach strategies for the project.
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~ ~
` ~t~ PROFESSIONAL EXPERIENCE
Marianne has extensive ex erience executin
p g public outreach campaigns for
~ ~ transportation, land use and infrastructure issues. She is an active community
organizer and has strong insight into multicultural issues and event planning for
diverse audiences. Marianne is an active member of the Public Relations Student
~ Society of America (PRSSA) and was the Programs Director for the 2009 PRSSA
YC^.
National Conference where she organized, executed and evaluated a 2,000-
- v ° person conference while supervising over 75 student volunteers. Marianne is a
graduate of California State University, Fullerton and holds a Bachelor of Arts
degree in Communications with an emphasis in Public Relations.
,r,
K SELECTED PROJECT EXPERIENCE
¦ City of Anaheim: Public Involvement Program for the Anaheim Fixed-
~ Guideway Transit Corridor Study (EIR/EIS). Consensus Inc. is currently
engaged as the outreach sub-consultant for the Anaheim Fixed-Guideway
• Transit Corridor Study and is charged with leading the outreach efforts on
~ behalf of the city. Marianne is responsible for coordinating public meetings,
~ > maintaining key community concerns and executing public outreach activities.
- The public outreach strategy is designed to educate stakeholders, elected
officials, and other target audiences and ensure maximum public input
~ ~4. s ~ throughout the study. Outreach activities include implementing public
Yd ~
~x G workshops and open houses at key project milestones, including early
' scoping, scoping, and the release of the Draft Environmental Impact
Report/Draft Environmental Impact Statement (DEIR/DEIS).
. ¦ California High-Speed Rail Authority: Public Involvement Program for
~ the Anaheim to Los Angeles segment. Marianne leads outreach activities
~ bl ~w of the high-speed rail project and prepares key messages for community
p outreach activities, develops public information materials and staffs briefings
with key stakeholders. Marianne works closely with the project team to
execute outreach strategies that best fits the needs of the various
communities along the high-speed train corridor.
F'
¦ Iberdrola Renewables: Tule Wind Project Outreach Program. Consensus
fry; Inc. is currently implementing a comprehensive community outreach and
support building program for the Tule Wind Project in connection to their
initiation of the CEQA and NEPA processes. Marianne handles all outreach
~ f~; activities for Tule Wind Project. Most recently, Marianne has prepared public
~y. information materials, developed a fact sheet and updated the project Web
~ ~ ~ site. Marianne also staffs all outreach activity centers.
ti~ ~ ~ ~
~ i~ ,i ~ ~ ¦ Regency Centers: Heritage Plaza Community Survey/Focus Groups
~ ~ ` ~ ~ ~ r" Program. Regency Centers is updating and remodeling its Heritage
~ Plaza center as part of its strategy to retain its current tenants and
~ `
secure its position in the area. Heritage Plaza serves a diverse community
~:°r t'
with many homeowner associations, schools, ethnicities and audiences in
Irvine, California. Marianne serves on the outreach team and has
~ implemented activities of the marketing and focus group program for a large
activity center outreach event at Heritage Plaza. For the event Marianne
fz';~ developed a stakeholder contact list and located venues for the event.
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PROFESSIONAL EXPERIENCE
'Jesus implements strategic communication and outreach campaigns for public
transportation and land use planning projects. Before joining Consensus Inc.
Jesus served as the community partnership manager for the Transportation and
- Land Use Collaborative. He has experience working on general plan updates in
the Los Angeles area where he played an integral role on the outreach team for
' ti~
fa. the development of land use, transportation, and healthy community elements. He
x also has extensive experience in bilingual and bicultural outreach to Spanish-
speaking communities. A graduate of the University of Southern California, Jesus
~T
holds a Bachelor of Science degree in Public Policy, Management, and Planning
and a Bachelor of Arts degree in Spanish. He is Fluent in Spanish.
:SELECTED PROJECT EXPERIENCE
" J r ¦ Metro Gold Line Foothill Extension Construction Authority: Gold Line
f~ Foothill Extension Community and Media Outreach. Jesus provides
outreach support to the community outreach team and Authority leadership to
® _ support the project. Jesus is part of an outreach team executing an integrated
' i program of traditional and online communications is designed to maintain
® - ` E4~:.. = momentum and stakeholder support building towards the Extension's planned
® '`A~ ~ groundbreaking in 2010 and service in 2013.
® _ a ¦ California High-Speed Rail Authority (CHSRA), Public Involvement
~ ~ Program and Media Relations for the Project Level EIS/EIR Los Angeles
r` ~fi ~ to Palmdale Section. Jesus is working to educate local community based
~ r. ~ organizations along the Los Angeles to Palmdale and providing them with
` ~ ~ information about the proposed statewide infrastructure project and the
' environmental review process.
_ u
3 e ¦ Exposition Metro Line Constructioh Authority (EXPO): Phase 2 Public
'`mot Affairs Services. Jesus is executing and coordinating all public outreach for
- ~ ' the second phase of the Expo Line between Culver City and Santa Monica.
Consensus Inc. developed a communications and outreach program that is
ri'
~ proactive, responsive, transparent, authentic, and respectful of the myriad of
'~~n'~ stakeholders along the corridor.
f`~ ¦ California Department of Corrections and Rehabilitation: Environmental
~w Impact Report for Madera Secure Community Re-Entry Facility. Jesus
^ executes the bilingual public outreach program for the Madera Secure
~ I, jrzT.
- ' Community Re-Entry Facility. Most recently he assisted with translation of a
~1 '1 i~ facility fact sheet and helped develop new messages in Spanish. The scope
f~.
1~' of work activities for this project include translation services, public outreach
to the Hispanic community, community meeting interpretation and translation
" services, and media relations
,t.
¦ Community Redevelopment Agency of Los Angeles (CRA/LA): Market
-
y~~~'.L ~ Study and Implementation Strategy for the Central City Community Plan.
`r~F" Jesus is handling all stakeholder outreach activities and planning all public
~ ~ meetings for the CRAlLA as they support the Los Angeles Department of City
j ~ z'~-mss w~ ' Planning in its work to update the Central City and Central City North
a Community Plans.
Santa Ana Transit Vision Public Outreach-City of Santa Ana
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PROFESSIONAL EXPERIENCE
- _ (~`~l Lead all creative development for client's needs and translate the vision of an
organization to design applications
Y Provide creative vision and art direction for the support of all marketing collateral
=r~ • t; ~ materials
n Guide new business development efforts and set company branding strategy
rz;~
fi ; ~ t Perform all pre and post press production processes and maintain close oversight of
r design and production budgets
Graph~~jrq~~l~n~us?~) ¦
Organize mechanicals, pre-flight packages, press checks and manage direct mail
campaigns
" 4 ~ ~ Operate a wide variety of professional photographic equipment as well as creative
R~ photo shoot direction
SELECTED PROJECT EXPERIENCE
ti,~
JB3D Environmental Wayfinding (Orange, CA)
~ ' ~ Project Coordinator -Graphic Designer. August 2008 -November 2009.
s. _
Support project manager in all aspects of workflow
~ :I' - ~'i'ti .
~ ~~rr, . Project management of design development and production
' ~ Assisted in plan and specifications analysis in order to provide clear, trackable and
- Y coordinated interpretations of the design/drawings for construction
3 Monitored in-shop and third party vendors work, to ensure compliance with company
standards, procedures, specifications and codes
h~i~
~ x~ Retained effective working relationships and acted as liaison with clients, vendor and City
~ivtri ` ~ ~ staff
Conducted research findings and submitted multiple city ordinance permits at
_ ~ ~ municipalities throughout Orange, Los Angeles and Ventura counties
Clients include: The Irvine Company, Shea Properties, Grubb & Ellis Company, LBA
~ Properties, Herbalife at LA LIVE and Season Place
~ ~
Hogle-Ireland, Inc. (Irvine, CA)
~ ~ Graphic Designer. January 2006 -August 2008
F fj ~jE , p ~ x~ Manage the full development of concept formation, design and final press check,
_ ' ; including thumbnail drafts, photography, layout and production of out-put materials
• Created layout design for newsletters, fliers, postcard notices, invitations, factsheets
- and collateral materials
. Produce large scale poster maps for community presentations alongside PowerPoint
~y ~ slideshow tailored to our clients needs and brand
~ Monitored large format plotter and out-put materials
s~ ~ .
t , " ' , ~ ~ Orange County Transportation Authorit Oran a CA)
_ Y( g
' Marketing/Public Communications. October 2001 -December 2005
35,Jg~~ ~ Y ~ ~ . Engaged in a collaborative environment with graphic design projects and marketing
~ ~ a,:~~ campaigns
L ~ ~ a ~ t~; ay Responsible for layout and design concepts, color correction, created mechanicals,
" t~v ~~~tti
~ 4:~ y~ developed and maintained photo library, shot photography and aided in press check
~x Large format poster printing, contact sheets, fliers
,
` ~ Coordinated and planned public service outreach events
Maintained and troubleshooted printing equipment
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Relevant Experience
City of Anaheim
Public Involvement Program for the Anaheim
Fixed-Guideway Transit Corridor Study, Go Local
Study and Anaheim Transit Master Plan
Consensus Inc. is currently engaged as the outreach sub-consultant for the Anaheim Fixed-Guideway
Transit Corridor Study and is charged with leading the outreach efforts on behalf of the city. As part
of the Go Local Program, the City of Anaheim was selected by the Orange County Transportation
Authority (OCTA) to advance the study of affixed-guideway system through the environmental study
process and to complete conceptual engineering and design for the project. The Anaheim Fixed-
Guideway project is envisioned to operate as ahigh-capacity system, providing convenient and
efficient transfers to Metrolink, Amtrak, Bus Rapid Transit (BRT), local bus, and future high-speed
train services connecting at the Anaheim Regional Transportation Intermodal Center (ARTIC). This
connection will link Orange County's "backbone" Metrolink commuter rail system to the City of
Anaheim's major employment and activity centers in the Platinum Triangle and The Anaheim
ResortT""
The public outreach strategy is designed to educate stakeholders, elected officials, and other target
audiences and ensure maximum public input throughout the study. Outreach activities include
implementing public workshops and open houses at key project milestones, including early scoping,
scoping, and the release of the Draft Environmental Impact Report/Draft Environmental Impact
Statement (DEIR/DEIS). In addition, Consensus Inc. is engaging stakeholders in the environmental
process by conducting informational briefings and presentations to key community groups, with
particular attention to environmental justice outreach. Consensus Inc. developed comprehensive
public information materials for the project, including a project fact sheet, web site, a-mail blasts and
newsletter to better inform the public about the project's Purpose and Need, alternatives under
consideration and key project milestones. Consensus Inc. was also involved in Phase 1 of the
project, which included implementing a targeted public involvement program to develop a Transit
Master Plan in affiliation with OCTA's Go Local Program (Step One). The Transit Master Plan strived
to meet the City's current and future mobility needs, with consideration for how commuters, including
residents, workers, and visitors travel-while simultaneously exploring new modes of transportation
that will enhance their ability to get places safely and efficiently.
Client Contact
Jamie Lai, Transit Manager
City of Anaheim
200 S. Anaheim Blvd., #246
Anaheim, CA 92805
714.765.5049
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t ~
4
a:, Metro Gold Line Foothill Extension Construction Authority
Social Media Campaign to Raise Awareness and Fund the Gold Line
Consensus Inc. is assisting the Foothill Extension Construction
Authority with a community outreach program about the importance i
~l
of funding the Foothill Extension from Pasadena to Montclair. At
the start of the program in 2008; the Los Angeles County
Metropolitan Transportation Authority (Metro), the funding agency
for the project, ranked the Foothill Extension low on its priority list
and refused to fund it. The campaign included a strategically .
coordinated effort that conducted traditional outreach at activity centers, engaged local news outlets,
and leveraged these efforts through its "I Will Ride" Blog (www.IWiIIRide.org), Twitter Feed, Facebook
Page, and Activity Center Outreach/Stakehotder Videos. When Consensus Inc. was hired in spring
2008, the Gold Line Extension's funding for future development was only $126,000.
® As a result of our firm's successful communications strategies, Metro voted to increase the Foothill
Extension Authority's funding to $875 million. Moreover, Consensus Inc. was awarded the "Blog of
the Year" by the Public Relations Society of America, Los Angeles chapter, for the "I Will Ride" biog.
Project Results
¦ When Consensus Inc. was hired in spring 2008, the Gold Line Extension's funding for future
development was only $126,000.
¦ As a result of our firm's successful communications strategies, Metro voted to increase the
Foothill Extension Authority's funding to $875 million.
¦ Built a supporter database of 2,531 stakeholders via mailings, activity centers and Website sign-
ups
¦ Developed the iwillride.org blog and @iwillride Twitter site
¦ Increased media coverage to elevate the need for the Extension in decision-making forums
Client Contact
Habib i3alian, Chief Executive Officer
Metro Gold Line Foothill Extension Authority
406 East Huntington Drive, Suite 202
Monrovia, California 91016-3633
626.305.7001
hbalian(c~foothillextension orq
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California High-Speed Rail Authority
Public Involvement Program for the Feasibility and Environmental Studies of a
High Speed Rail System in California ~ ~
Since 1994, Consensus Inc. has developed and implemented
statewide public involvement programs-including strategic
communications and media relations programs-for the California
High-Speed Rail Authority (CHSRA), which envisions an 800-mile t
high-speed train line that will run throughout the state from San h ~
Diego to the Bay Area and Sacramento. Our public involvement ,
programs for the statewide system studies involve a successful
s media relations strategy including an abundance of stories in print, television, radio, and online
mediums. Consensus Inc. has identified and prioritized community organizations, chambers of
t commerce, and business organizations that will have the most interest in the project, as well as high-
level stakeholders with interested constituencies, resulting in hundreds of groups and elected officials
receiving briefings on the project. The briefings served to support our effort to build a strong coalition
of advocates-ultimately resulting in California voters approving a $9.95 billion bond investment to
help fund construction of Phase I of the California High-Speed Rail system. Our work has included:
¦ California Statewide High Speed Rail Feasibility Studies (1994 - 1996). Consensus Inc.
served as prime contractor and managed a statewide public involvement program for Caltrans
and the former Intercity High Speed Rail Commission to study high speed rail in California.
¦ Public Involvement Programs for the Los Angeles to Bakersfield Segment: Program-Level
Environmental Impact Statement/ Report (EIS/EIR) (2001 - 2003). The firm developed and
implemented an outreach program to elicit participation from the public as the California High
Speed Rail Commission developed aerogram-Level (EIS/EIR) between LA and Bakersfield.
¦ Public Involvement Programs for the Project-Level EIS/EIR Los Angeles to Palmdale
Corridor Section (2007 to Present). Consensus Inc. serves as a public outreach sub-contractor
to the Hatch Mott McDonald/URS team as it moves forward with preparing aProject-Level
Environmental Impact Statement/Report for the CHSRA.
¦ Public Involvement Programs for the Project-Level EIS/EIR Anaheim to Los Angeles
Corridor Section (2007 to Present). Consensus Inc. is providing public outreach while this
section is undergoing environmental review and preliminary engineering.
Client Contact
_ Dan Leavitt, Deputy Director
~ California High Speed Rail
~ 925 "L" Street, Suite 1425
Sacramento, CA 95814
~ 916, 324.1541
~ dleavitt~a hsr.ca.gov
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Work Plan
Public Outreach Approach
In today's politically sensitive and competitive funding environment, broad public involvement and
support are critical to the success of any major public transit project. However, getting the general
public to participate in the development of a project has become increasingly challenging as
stakeholders spend more time commuting and engaged in essential daily activities. Therefore, a
well-crafted and executed public outreach program can make the difference between a project
marked by conflict and one that continues without interruption with the greatest level of community
acceptance.
The biggest advantage to selecting Consensus Inc. is that we do know the public well through our
current positive interaction with them. We know there is no standard or single approach for engaging
communities and that assumptions are sometimes made without validation, often at the peril of a
project. Thus, we approach all projects with the ultimate goal of supporting the technical analysis with
tailored and strategic outreach efforts. These efforts, implemented effectively, will demonstrate how a
thorough and proactive participation program is crucial to consensus building, project progression,
and ultimately, planning and building an effective and efficient transportation solution for the Santa
Ana Fixed Guideway Project.
Working closely with the City of Santa Ana, Consensus Inc. will develop a communications and
outreach program that is proactive, responsive, transparent, savvy, authentic, and respectful of the
myriad of stakeholders who will be affected by the Santa Ana Fixed Guideway Project and the Santa
Ana Regional Transportation Center (SARTC) Master Plan. We will elegantly blend traditional
communications tools with cutting-edge ones. Additionally, we will create platforms for robust and
balanced dialogue about the environmental review process designed to help the City achieve its goal
of identifying a Locally Preferred Alternatives (LPA) that will be carried forward into a formal Draft
Environmental Impact Report/Environmental Impact Statement (EIR/EIS). This approach will not only
develop and maintain constructive relationships with community members, elected officials, and the
j ' media, it will:
¦ Acknowledge the impacts of a public transit project going through communities while focusing on
the benefits it will bring to a very significant number of stakeholders.
¦ Seamlessly blend emerging communications tools with traditional ones and make it easy for
anyone who is interested in information to get it. Information will be conveyed in multi-media
platforms, as well as traditional hard copy collateral materials. On-line information materials
provide for cost-effective dissemination of content and are more environmentally friendly.
¦ Provide multiple choices for people to get information in the manner that is most convenient to
them. Some prefer to attend a community meeting; others might only like information sent via text
messages to their cell phone; others might like to participate in a virtual meeting from the comfort
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of their homes; while others will prefer to see what their friends are thinking about the Transit
Vision on Facebook, Twitter or Blogs.
¦ Provide opportunities for respectful and regular contact with key stakeholders, in-person and via
their chosen method of interaction. Communication will be built on the foundations of
authenticity, interactivity and peer-to-peer messaging to cultivate and nurture important
relationships.
Task 1: Develop Outreach/Communications Strategy
In coordination with the City of Santa Ana, we will develop an Outreach and Communications
Strategy that details all activities to be performed throughout the public outreach program. The
strategy will:
¦ Add to the already identified key audiences and stakeholders
¦ Develop a format and schedule for all public meetings
¦ Discuss in what manner and how frequently briefings with elected officials will occur
¦ Outline what types of public information materials will be developed
¦ Provide strategic tactics for communicating with stakeholders throughout the corridor
¦ Develop a strategic approach for utilizing new social media tools and applications
¦ Outline principles for involving environmental justice communities
c
~s ¦ Include program monitoring and evaluation criteria to measure success
¦ Include an overall public outreach program schedule and timing for activities
The plan will include an overview of the outreach activities Consensus Inc. will implement and their
schedule of implementation. The timing of each activity will be strategically linked to the
environmental review process milestone schedule to maximize the receipt of information from the
ta~ community that will be most useful to the technical team in the decision-making process.
Consensus Inc. herein provides a snapshot of the Strategy that reaches each of the following key
audiences:
¦ General Public
¦ Business Community
¦ Key Stakeholders
¦ Elected officials
¦ Media
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The strategy relies on using multiple communications platforms and methods, to give all audiences
options for interacting with the City and its representatives on this project-thereby increasing buy-in
and trust from the community. All activities implemented will be fully inclusive and credible, and will
maximize opportunities for their involvement.
The Outreach and Communications Strategy entails:
Thor~:~ugh Upfront Planning: Consensus Inc. has been involved in the initial stages of outreach for the
environmental review process and has a keen understanding of the issues and where the project fits
in the City's overall transit vision. We have provided key assistance to the City of Santa Ana in
establishing the foundation for a detailed and thorough public outreach infrastructure program
including having developed project messages, the project's preliminary visual identity, a
comprehensive stakeholder database and project themes and messages that bring together all
projects in the City's transit vision to help the public understand the City's vision of quality land use
and transportation planning improvements that will have a positive impact on economic development.
integrated Communications !approach: To complement our use of traditional communications, we will
incorporate cutting-edge social media tools where appropriate. These communication tools allow us
to expand outreach to previously uninvolved audiences with new options for peer-to-peer interaction,
instantaneous message dissemination, and virtual participation. Online communications leverages
budget resources and, by reducing printing and mailing, demonstrates a commitment to
environmentally friendly business practices.
Menu of Options: We will create amulti-media platform that offers choices for people to access
information and participate in ways that are most convenient to them. Some will prefer to attend a
community meeting and receive a fact sheet, others might like information sent via text messages to
their cell phone. Some might like to participate in a virtual meeting from the comfort of their homes;
still others will prefer to follow the project on Facebook or Twitter.
f~~essage Clarity antl balance: Consensus Inc. has worked with the City to develop clear and
compelling messages that highlight potential project benefits, simplify complex issues to reduce
project misinformation and confusion, and foster community engagement. These messages will
continue to be refined as the project alternatives are selected and the City moves through the
environmental review process, and as the related transit vision projects are moved forward.
9
Broad Universe of Stakeholders: Our comprehensive stakeholder database already includes local,
state and federal elected officials, business and religious leaders, major employers, community-based
organizations, homeowner associations, public transit advocates, environmental groups,
neighborhood associations, schools, social clubs, nonprofits and media. Consensus will continually
update the database as we meet and engage community members on behalf of the project.
Grassroots tc Grasstops: We will provide ongoing opportunities for contact with key stakeholders,
prioritizing those most directly affected. We will use messengers who lend added credibility and peer-
to-peer outreach to cultivate and nurture important relationships. And we will maintain ongoing, open
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dialogue with local residents and businesses to provide accurate information to address emerging
and critical issues.
Activities to Reach Identified Audiences
As part of the Outreach and Communication Strategy, we will implement the following activities to
reach each of the key audiences. Each activity will be further detailed in Tasks 2 - 9 of our proposed
work plan.
AUDIENCES
¦ General public
- Activity center events (Task 2)
- Faith-based outreach (Task 2)
- Public meetings (Task 7/Optional)
- Information materials (Task 8)
- Social media (Task 2)
- Media outreach (Task 9)
¦ Business community
- Presentations (Task 2)
- Stakeholder working groups (Task 3)
- Business walks (Task 7)
Collateral materials (Task 8)
¦ Key Stakeholders
- Presentations (Task 2)
- Stakeholder working groups (Task 3)
- Collateral materials (Task 8)
¦ Elected officials
- Briefings (Task 2)
- Stakeholder working groups (Task 3)
- Collateral materials (Task 8)
- Media outreach (Task 9)
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¦ Media
~i
- Collateral materials (Task 8)
- Press releases (Task 9)
- Deskside briefings/Editorial Board meetings (Task 9)
4~
- Press kit (Optional)
Task 2: Prepare and Present Study Information
Presentations
Consensus Inc. will organize up to 20 project presentations on the Santa Ana Transit Vision, its
history/background, latest developments and important milestones-to be given by either city staff or
Consensus Inc. Presentations will be allocated to either the Santa Ana Fixed Guideway Project, the
SARTC Master Plan, or both, as best serves the needs of the projects and to ensure the greatest
quantifiable efficiencies. Consensus Inc. will work with the City to identify the targeted groups; some
of the neighborhood associations and organizations include:
Neighborhood Associations: Business Organizations:
- Artesia Pilar Neighborhood Association
- Greater Santa Ana Business Alliance
- Downtown Neighborhood Association - Downtown Business Association/Downtown Inc.
- Edna Park Neighborhood Association - Orange County Hispanic Chamber of Commerce
- Flower Park Neighborhood Association - Asian Business Association of Orange County
- French Court Neighborhood Association
- French Park Neighborhood Association
- Lacy Neighborhood Association
- Logan Neighborhood Association
- Mar-Les Neighborhood Association
- Washington Square Neighborhood
Association
- - Willard Neighborhood Association
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Faith-Based Organization Outreach
Consensus Inc. also recommends working with Saint Joseph's Church (and other churches along the
corridor identified by city staff) to conduct outreach at well-attended church services. Consensus Inc.
r
will setup information boards and talk to those who demonstrate interest in the project. Comments
and feedback will be gathered from the church-based outreach, even if it is conducted outside of the
official public scoping period. It has been our experience that comments and feedback gathered
throughout the environmental review process are acceptable to submit as part of the public record,
and in fact help to make a case for thorough outreach in minority/environmental justice communities.
Consensus Inc. will be responsible for coordinating a time and date with Saint Joseph's (and other
y churches') leadership, and staffing up to three faith-based outreach events.
Activity Center Outreach
When implementing public outreach aimed at involving predominantly Latino, Spanish-speaking
communities, it is important to reach them in places where they are already congregating. We refer
to these locations as "activity centers." Activity centers include, but are not limited to the following:
- Community events (carnivals, fairs, farmers markets, festivals such as Fiestas Patrias, etc.)
- Community centers
- Churches
- Schools/adult school/training centers
- Recreation centers and parks
- Libraries
- Senior centers
- Youth-oriented service centers (Learning Centers, Boys and Girls Clubs, YMCA, Boy/Girl
Scout troop meetings, etc.)
Consensus Inc. will staff booths at up to four key activity centers to reach out to these stakeholders,
provide them with project information, and ask them to participate in the process. At minimum, all
interested stakeholders will be provided with copies of the public information materials and will be
~ ~ added to the database to receive project updates.
k1
~ Social Media Outreach
The way people communicate and get their information is undergoing radical change. In today's
world information is instantaneous and access to information is the expectation. Traditional sources
of news such as daily newspapers and the nightly news broadcast are struggling to survive, while the
emergence of social media tools like Facebook®and Twitter® have elevated anyone with `friends'
~ and `followers' to the status of anews-gatherer and reporter. Anyone can create `content.' And smart
~ phones which are nearly everyvvhere-make the immediate distribution of information possible. The
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era when people were spoon-fed filtered information is dead-today word-of-mouth is the new
paradigm. Social media is not a fad, it's everywhere and it's here to stay. In this new paradigm of
peer-to-peer communications, virtual trust trumps all. Objective news reporting and rigorous fact
checking, though still valued by many, are losing a race where speed is more important than
accuracy.
Furthermore, according to new comScore data, the Latino online population increased by 3.3 million
users in the last 11 months. Google, Yahoo!, Microsoft and Facebook sites were among the top sites
visited by Latinos in January 2010.
In a young community such as Santa Ana, "peer-to-peer" communication plays an important role in
the credibility of a project. Social media tools such as Facebook, Twitter, and others help facilitate
this peer-to-peer communication and serve as a venue to allow stakeholders to provide thoughts and
opinions about a project. Most people won't believe what an agency tells them, but they are likely to
believe what their friends and neighbors tell them. The reality is that these peer-to-peer
conversations will likely be taking place with or without the City's engagement, and it would be best
for the City to host the dialogue in order to more easily distribute positive messages and correct
misinformation.
Generally speaking, public transit projects have a very long time span from inception to completion,
and the Fixed Guideway project is no exception. What is crucial during this long span is maintaining
a constant stream of communication with interested stakeholders, which is effectively maintained
through Twitter and Facebook. As such, Consensus Inc. will:
¦ Set up Facebook pages for the Santa Ana Fixed Guideway and SARTC Master Plan projects;
extend the reach of the page with peer-to-peer outreach and develop a strategy to add 'friends.'
¦ Set up a Santa Ana Fixed Guideway -SARTC Master Plan Twitter account; extend the reach of
the page with peer-to-peer outreach and develop a strategy to add 'followers.'
¦ Develop a text messaging campaign to allow those who want to receive updates on their cell
phones to opt-in to receive information.
¦ Create a contact card for distribution at every interface that includes the project identity, the
project hotline number, and the addresses of the project's Facebook, Twitter, text message opt-
in, blog/ website, and a-mail.
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~ Facebook
® Consensus Inc. believes that at a minimum, having a Facebook page will be important for public
® engagement during the environmental review process of the Fixed Guideway project. Not only will
the Facebook page motivate stakeholders to voice their opinion and respond to questions, it will be
® used to communicate information regarding:
¦ The Santa Ana and Garden Grove Fixed Guideway (basic facts)
¦ Specific components of the Fixed Guideway project (alternative alignments, technology
alternatives)
¦ Meeting dates and times Ex{aLightRatlLNe
wal Ms.. [wnta okoraa.n W+ Metaa
® ¦ Contact information . :
® ¦ Links to public information materials, technical » ~ ~~m»aaw•e».~ ~
mau~.c..m.a,.,
® we.~r.t.~aaew%.d
n+,ow>,edao.n aeam~p4a11 [apo iget~lNO aoah9aM mao wrna wrwra and aaam9 amtesm arm~yd.».addet.
studies/reports aa.a~..,,:»o,ed d~ a. smim ~e,.wr~;
vKaeeanama eta~Ew Sws W b 10%m•»nk
W !A+4.Rx OAw C`~m .no-uwn. cx
® ~ 1
¦ Continual updates about important project
milestones
® The Facebook page will be continually monitored ~ ~
by Consensus Inc. staff for individual comments ~~~e ~ ~ e,,~.z.
sxsee.bnrtertsba~b.+4 en
w+wr: M WgM$IIiD'Y~Ya Np eMaatenesOli
a,N rlrtvhn»u¢be i~Rl, Ned) lr GR
and questions. In coordination with city staff and/or ~"'y"~'~°°"`
the technical team, Consensus Inc. staff will post responses on the Facebook "wall" visible to all
® stakeholders signed up as "fans." Consensus Inc. recommends developing English and Spanish-
® language versions of the Facebook page.
® Twitter
® Twitter is a micro blogging service that allows a user to post short "tweets" (comments) to
® communicate with their "followers" (friends) and the general public. A strong Twitter presence will help
® communicate the benefits of the Fixed Guideway and SARTC Master Plan projects (environmental,
transportation, public health, mobility, and interconnectivity). Consensus Inc. will aim to maintain an
ongoing dialogue with followers by posting useful, relevant information in a fun, engaging, and
® thought-provoking tone.
Consensus Inc. will develop a suggested Twitter name upon development of the project's brand.
® Initial set of followers: Links to the project's Twitter and Facebook accounts, as well as brief
announcements, will be included on all e-blasts. This would give us an initial set of followers that with
time and engagement will continue to grow. Links to the accounts will also be included in all collateral
materials (e.g., fact sheets, meeting notices, newspaper ads, newsletters).
® In addition, Consensus Inc. will engage with other Twitter users that have an interest in and follow
public transportation projects and ask them to "retweet" or re-post Santa Ana Fixed Guideway -
SARTC Master Plan tweets to make them available to a larger audience. We will develop a strategic
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approach during the days immediately before any public meetings to encourage our followers to
Tweet the importance of public participation in the environmental review process.
There are also established groups on Facebook with advocates of public transportation. Consensus
Inc. will find and join these groups and encourage the existing members to become fans of the Santa
x Ana Fixed Guideway/SARTC Master Plan Projects.
Task 3: Stakeholder Working Group
In January 2010, Consensus Inc. worked with the City of Santa Ana to develop a Stakeholder
Working Group (SWG) for the Fixed Guideway Project. Consensus Inc. recommends that additional
efforts be undertaken to increase the level of participation and diversity of participants in the SWG,
such as mailing the SWG invitation letter and placing follow-up calls to those invitees who previously
did not respond to the first SWG invitation.
Consensus Inc. will coordinate three additional SWG meetings scheduled to correlate with key project
milestones, and will work with the City to create and edit materials that will be presented to the SWG,
including PowerPoint presentations. Consensus Inc. recommends the following meeting schedule for
the remainder of 2010 and 2011:
¦ Post-scoping to communicate the alternatives that will be further studied in the Draft EIR/EIS
¦ At the release of the Draft environmental document to communicate the EIR/EIS key findings
¦ At the release of the Final EIR/EIS to resolve any key issues of concern or communicate
refinements made to the document based on public comments that are submitted
Consensus Inc. will also develop and distribute agendas, prepare presentation materials, facilitate the
SWGs (as requested), document session proceedings, and provide that documentation to the City so
it can be posted on the project Website and sent to participants and others who request it.
Task 4: Attend Technical Team Meetings
Y - Consensus Inc. will participate in all internal team meetings and Project Development Team
meetings, as well as select meetings related to our outreach efforts, as identified below.
¦ Bi-weekly fixed-guideway status meetings (up to 38 meetings)
¦ Monthly fixed-guideway Project Development Team meetings (up to 18 meetings)
¦ Peer Review Team meetings (up to 3 meetings)
¦ SARTC Master Plan coordination meetings (up to 4 meetings)
¦ Station District coordination meetings (up to 4 meetings)
Santa Ana Transit Vision Public Outreach-City of Santa Ana
25M-36
ConsensuslnC~
I nteract. 1 nnovate. I nfluence.
`4.~
Task 5: Coordinate With/Support Public Outreach Programs
Consensus Inc. recognizes and appreciates the importance of cohesive messaging among all
projects within the City's transit vision. In addition to attending coordination meetings identified in
Task 4, Consensus Inc. recommends having an outreach staff member participate in up to six key
public meetings for related transportation projects. We will provide a demonstration board and fact
sheets on the fixed guideway and SARTC Master Plan projects and be available to discuss the
4 project with members of the public and answer their questions. These other projects include:
¦ Station District
¦ Santa Ana Transit Zoning Code
¦ Santa Ana Boulevard Grade Separation
¦ Other related projects, as directed
Task 6: Provide Timely Written Updates
Consensus Inc. will prepare timely written updates to Santa Ana's Transit Program Manager, the
• ~ technical team and others as requested. The following types of updates will be prepared by
-~i Consensus Inc.:
¦ Monthly progress reports
¦ Stakeholder Working Group meeting notes
® ¦ Presentation notes
¦ Public meeting summaries
¦ Activity center summary
¦ Regular a-mail correspondence
~ Task 7: Assist with CEQAINEPA Public Meetings
~ Alternative Analysis Meeting for Santa Ana Fixed Guideway Project
Consensus Inc. recommends that a public meeting be held to inform the public on the selected
alternatives that will be analyzed as part of the Draft Environmental Impact Report/Environmental
Impact Statement (EIR/EIS) for the Santa Ana Fixed Guideway Project. The meeting will also be an
opportunity for the public to "vote" on three different names and logos created for the fixed guideway
project, which are currently being developed by a branding firm.
Santa Ana Transit Vision Public Outreach-City of Santa Ana
25M-37
Consensuslnc.
Interact. I n n ovate. I nfl uence.
Public Hearings on the Santa Ana Fixed Guideway Project Draft EIR/EIS
Consensus Inc. recommends that two public hearings be held to receive formal comments from the
public and responsible agencies regarding the Santa Ana Fixed Guideway Project's Draft EIR/EIS
findings, in accordance with CEQA/NEPA.
Consensus Inc. will provide the following services for all CEQA/NEPA meetings:
¦ Notice the community meetings in local newspapers
¦ Coordinate with meeting venues
¦ Mail, E-Blast, Fax, and Text meeting notices to stakeholder contacts
¦ Post meeting information on Facebook and City's website
¦ Tweet meeting information on Twitter
¦ Coordinate with organizations that publish their own newsletters to include information about
the meetings
¦ Develop the meeting format to include either an open house, presentation, and/or public
comment period
¦ Develop a project fact sheet with information explaining the study area, alternatives being
considered, the EIR/EIS process and identified issues such as traffic, station locations, etc.
¦ Prepare comment sheets for formal submission of comments on the Draft EIR/EIS
¦ Develop graphic display boards and video that will convey project information visually
Santa Ana Fixed Guideway Project Final EIRIEIS Cit Council
Y
Presentation/Study Session
A city council presentation or study session will be organized during the Final EIR/EIS phase of the
project (prior to the document being certified) to inform Santa Ana officials of the comments received
during the Draft EIR/EIS process and address any issues that may need resolution.
Task 8: Public Information Materials and Communications
Infrastructure
Web Site
Santa Ana's complex transit and land use vision deserves a comprehensive Web presence to help
bring the projects together in the mind of the public and help them understand the benefits to the
community. Consensus Inc. and Santa Ana had previously discussed developing such a site after
the redevelopment branding initiative was complete to make sure the site was in line with the City's
new brand. Consensus Inc. will submit a separate proposal after the web site concept has been
further developed.
Santa Ana Transit Vision Public Outreach-City of Santa Ana
25M-38
Consensuslnc.
I nteract. I nnovate. 1 nfluence.
Fact Sheet
Consensus Inc. has developed a comprehensive fact sheet in English and Spanish for the Santa Ana
Fixed Guideway Project. Up to three additional fact sheets will be updated for the fixed guideway and
SARTC Master Plan projects prior to any key project milestones to include more specific project
information, list of frequently asked questions, and highlight additional opportunities for public
involvement/participation.
Audio PowerPoint Presentation
An audio PowerPoint presentation will be developed in which an audio narration will run concurrent
with each slide. The presentation will then be uploaded to the Web site, Facebook, and Twitter sites
and made available to stakeholders who could not attend meetings where the PowerPoint was
presented. The PowerPoint will be recorded in English and Spanish.
Communications Infrastructure
Stakeholder Database
Consensus Inc. will update and maintain an existing database of key community and business
organizations and leaders. The database already includes elected officials, neighborhood
associations, local organizations and institutions, community centers, schools, and employment
centers. The database will be used to communicate with stakeholders for the life of the project and
will be carefully categorized to allow for tailored communications to specific stakeholder groups. The
database will be updated with the names and contact information of the people who participate in the
project's planning process.
Project Hotline
Consensus Inc. will continue to manage the "800" telephone hotline number that has already been
established for the project. All communications will be logged and voicemail messages will be saved.
Project E-Mail
s
i. Consensus Inc. and the City have created a project a-mail. Consensus Inc. will log and summarize e-
mails on a weekly basis. If there are any a-mails received that require special attention, they will be
.s forwarded to City staff immediately.
-1? Task 9: Media Outreach
In the new paradigm of news and media, discussions about community issues like the Santa Ana
Transit Vision are being taken to venues other than traditional news outlets. Bloggers and community
activists are facilitating, or sometimes igniting, a robust dialogue on a micro level that must be
understood and managed. These discussions can be very helpful and constructive, or they can be
designed to antagonize and therefore be difficult to manage. And, though some of these online news
Santa Ana Transit Vision Public Outreach-City of Santa Ana
25M-39
Consensuslnc.
I nteract. I n novate. Influence.
gatherers are gaining in credibility, the traditional news outlets, along with issue-specific online news
sites, remain the most important and trusted vehicles for information dissemination. As such,
Consensus Inc. will work with the city Public Information Officer to:
¦ Prepare and execute media strategies for specific milestones that require communications with
news gatherers.
¦ Post blog comments (as appropriate) with timely and important information regarding the Fixed
Guideway and SARTC projects. We will counter mis-information swiftly and re-focus attention on
factual, accurate project information.
~ Develop media materials such as up to two press releases, media advisories, opinion editorials,
and press kits.
¦ Implement proactive story pitching campaigns
¦ Monitor media articles on a daily basis
¦ Host media on a tour of the corridor area
¦ Offer deskside briefings
We will work with English- and Spanish-language media and special care will be given to
communicating with key media reporters/outlets that have already covered the project.
Optional Tasks: Supplemental Outreach Efforts
UStream of Public Hearings
Consensus Inc. recommends additional coordination time and the addition of a technical vendor to
help broadcast the Draft EIR/EIS public hearings "live via the Internet." Participants will be able to
view the meetings from their home/office computer and submit formal comments or questions in real-
time. Live streaming of public hearing offers another choice to broaden participation for those who
are interested in learning more about the project and/or providing feedback as part of the
~ environmental review process but are not willing or able to attend the hearing in person.
Surveys
There may be opportunities to survey the public to learn more about attitudes and awareness to
validate or assist our public outreach efforts. Surveys could be done either online through a tool
such as Survey Monkey and broadcast to our a-mail database, manually at activity centers, or via
telephone using a research firm. Consensus Inc. would recommend a survey method after further
discussions with the City regarding the audience to be surveyed and the expected outcomes.
k
` Santa Ana Transit Vision Public Outreach-City of Santa Ana
}
25M-40
Consensuslnc.
Interact. I n novate. I nfluence.
"New Brand" Press Kit
Depending on the information being presented, it may be appropriate to develop a simple press kit for
use with the media. Press kits are helpful when you have a lot of information to present in order to
help the media understand a big picture concept or complex technical document and can help
generate excitement for the concept/project when quality graphics are available-such as with a
branding effort.
Door-to-Door Downtown Business Outreach
Prior to public meetings, Consensus Inc. will conduct adoor-to-door canvass in the downtown
business area to promote the public meetings. Tenants will be encouraged to have meeting notices
at their counters for customers to take.
Santa Ana Transit Vision Public Outreach-City of Santa Ana
25M-41
1
Consensuslnc. V
Interact. I n novate. I nfl uence.
~ Staffing Plan
~ A detailed staffing plan for each task and subtask is included in this section. In addition, a detailed ~
staff organization chart identifies all staff by name and identifies the specific tasks for which each
individual will be responsible. Following the staff organization chart is a table demonstrating adequacy
of labor resources for the duration of the project. It includes a table projecting the labor-hour j
1 allocation to the project, and includes each team member's current and projected availability for the
duration of the project, as well as a summary of the time allocated to other projects.
1
1 Staff Organization Chart
1 Our staffing plan is illustrated on our organizational chart on the following page. We have also
included a table that shows the current and projected availability of our labor resources.
® Santa Ana Transit Vision Public Outreach-City of Santa Ana
25M-42
u
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Consensuslnc.
I nteract. I nnovate. Influence.
Consensus Inc. Labor Resources
Current and Projected Availability
~ ~ ~ ~
~ Project Responsibilities: Project Responsibilities:
Jen 70% -High Speed Rail - OC 50% -High Speed Rail - OC
Labrado °
Project PJlanager 20 /o Other 15% -Other
90% TOTAL
~ 65% TOTAL
~ Availability 10% 35%
Y
Project Responsibilities: Project Responsibilities:
Taraneh 40% -Iberdrola Wind Power 30% -High Speed Rail - OC
Ahramsadr
Deputy 30% -High Speed Rail - OC 15% -Other
~ Project Pvlanager 70% TOTAL 45% TOTAL
" ~ Availability 30% 55%
Project Responsibilities: Project Responsibilities:
30% -Iberdrola Wind Power 30% Project 1
Michelle 10% -High Speed Rail - OC 10% -High Speed Rail - OC
Sinning 5% - Go Local 5% - Go Local
Media Relations
15% -Other 15% -Other
60% TOTAL 60% TOTAL
} Availability 40% 40%
Project Responsibilities: Project Responsibilities:
10% -High Speed Rail - LA 10% -High Speed Rail - LA
Lilian
De Loza 30% -Metro Gold Line Phase 26 30% -Metro Gold Line Phase 26
QA/QC Bilingual 30% -Expo Phase 2 30% -Expo Phase 2
10% -Other 10% -Other
80% TOTAL 80% TOTAL
Availability 20% 20%
Santa Ana Transit Vision Public Outreach-City of Santa Ana
25M-44
Consensusinc.
I nteract. I nnovate. I nfl uence.
• ~ • 1 ! • ~ - • - 1
Project Responsibilities: Project Responsibilities:
~ Abraham 40% -Tetra Tech Remediation 20% -Tetra Tech Remediation
~ Mercado 40% -Iberdrola Wind Power 20% -High Speed Rail - LA
Latino Community 20% -Hiah Speed Rail - OC 20% -High Speed Rail - OC
Liaison {Bilingual)
100% TOTAL 60% TOTAL
.Availability 0% 40%
Project Responsibilities: Project Responsibilities:
~ Marianne 15% -Iberdrola Wind Power 15% -Iberdrola Wind Power
Ng 30% -High Speed Rail - OC 30% -High Speed Rail - OC
Account Specialist 15% -City of Santa Ana 5% -Other
60% TOTAL 50% TOTAL
Availability 40% 50%
Project Responsibilities: Project Responsibilities:
.~eSUS 40% -Metro Gold Line 20% -Metro Gold Line Phase 2B
Cuellar 10% -Metro Gold Line Phase 2B 10% -High Speed Rail - LA
Account Specialist
{Bilingual) 20% -Hiah Speed Rail - LA 20% -Expo Phase 2
70% TOTAL 50% TOTAL
Availability 30% - 50%
Project Responsibilities: Project Responsibilities:
Edmund0 40% -High Speed Rail - OC 40% -High Speed Rail - OC
Duvignau
Graphic Designer 25% -Other 25% -Other
65% TOTAL 65% TOTAL
Availability 35% 35
Santa Ana Transit Vision Public Outreach-City of Santa Ana
25M-45
EXHIBIT B
COST PROPOSAL
25M-46
' ConsensuslnC.
Interact. innovate. Influence.
Cost Proposal
Consensus Inc.'s cost proposal is provided on the following page. Optional tasks are estimated
separately. As set forth in the Scope of Work, a task budget and line item budget are provided.
i7~
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Santa Ana Transit Vision Public Outreach-City of Santa Ana
25M-47
ConsensuslnC.
Interact. Innovate. Influence.
Santa Ana Transit Visi
on Publi
c Outreach
Cost Proposal By Staff
DIRECT LABOR
CLASSIFICATION HOURS RATE TOTAL
Project Manager 356 $ 51.98 $ 18,504.88
- _
- -
Deputy Project Manager 300.5 $ 22.04 $ 6,623.02
- _
Media Relations Manager 51 $ 38.94 $ 1,985.94
- -
QA/QC/Biligual5trategic Counsel 46 $ 67.21 $ 3,091.66
- - - _ _ _
Latino Liasion __123 $ 22.03 $ 2,709.69
-
Associate
_ _ _ 142 $ 19.23 $ 2,730.66
Specialist 416
$ 16.83 $ 7,000.41
Total Direct Labor $ 42,646.26
INDIRECT COSTS (Overhead and Fringe Benefits)
Overhead + Fringe Benefits 198%
$ 84,439.60
Fee 10%
$ 12,708.59
TOTAL DIRECT LABOR, OVERHEAD, FEE $ 139,794.45
25M-48
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TASK NO. TASK TOTAL
1 DEVELOP OUTREACH/COMMUNICATIONS STRATEGY $ 2,883.30
2 PREPARE AND PRESENT STUDY INFORMATION $ 22,606.79
3 STAKEHOLDER WORKING GROUP
$ 14,103.19
~ 4 ATTEND TECHNICAL TEAM MEETINGS $ 35,270.73
5 COORDINATE WITH/SUPPORT PUBLIC OUTREACH PROGRAMS $ 5,438.68
6 .PROVIDE TIMELY WRITTEN UPDATES $ 7,650.81
7 ASSIST WITH CEG,A/NEPA PUBLIC MEETINGS $ 19,980.23
8 PUBLIC INFORMATION MATERIALS/COMMUNICATIONS INFRASTRUCTURE $ 17,617.78
9 MEDIA OUTREACH $ 14,242.94
~ TOTAL COST ~,1`~j'
~ OPTIONAL TASKS
TASK NO. TASK TOTAL
a 1 USTREAMING OF PUBLIC HEARINGS $ 1,302.78
~ 2 SURVEYS $ 4,059J4
ii 3 "NEW BRAND" PRESS. KITS $ 2,542.79
~ 4 DOOR-TO-DOOR BUSINESS OUTREACH
~ $ 3,500.00
a
TOTAL COST
25M-53
i
25M-54
REQUEST FOR
F_
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
? As Recommended
WORKFORCE INVESTMENT ACT ? As Amended
? Ordinance on 151 Reading
TITLE ISUB-GRANT FOR PY 2010-2011 ? ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing 1=or
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Adopt a resolution authorizing the City Manager or designee to execute all necessary documents
for the Workforce Investment Act sub-grant with the State of California, Workforce Investment
Division.
DISCUSSION
The Workforce Investment Act (WIA) of 1998 provides funds to Local Workforce Investment Areas
(LWIA) to operate job-training programs for adults, dislocated workers and youth who meet
specific criteria as outlined in the Act. The Gity of Santa Ana was designated as a LWIA and
administrative entity on January 28, 2000, by the State Workforce Investment Board. Santa Ana
has received WIA funds to operate job-training programs since July 1, 2000.
Anew sub-grant is required at the beginning of each program year in order to receive the new WIA
funds as they are allocated by the State. Upon submission of this sub-grant agreement, the City
will be eligible to receive $1,409,639 in WIA Youth funds for PY 2010-11. The City will also be
eligible to receive $1,543,322 for the Adult Program and $820,676 for the Dislocated Worker
Program for PY 2010-11 through a unilateral modification by the State of California.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Cynthia J. Nelson
Deputy City Manager for Development Services
Community Development Agency
CJNINTEImIr
55A-1
les: 6/21 /10
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE ALL
NECESSARY DOCUMENTS FOR THE WORKFORCE
fNVESTMENT ACT SUB-GRANT WITH THE STATE
OF CALIFORNIA, WORKFORCE INVESTMENT DIVISION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The Workforce Investment Act (WIA) of 1998 provides funds to Local
Workforce Investment Areas (LWIA) to operate job-training programs
permissible under the Act for adults, dislocated workers and youth meeting
specific criteria set forth in the Act.
B. On January 28, 2000, the City of Santa Ana was designated as a LWIA and
an administrative entity by the State Workforce Investment Board. The City of
Santa Ana has received WIA funds too erate 'ob-trainin ro rams since
p 1 gP 9
July 1, 2000.
C. Anew sub-grant is required at the beginning of each fiscal year in order to
avoid the commingling of funds from the previous year. Submittal of this sub-
grant is the first step in the process enabling the City of Santa Ana to receive
WIA funds as they are allocated by the State of California for fiscal year 2010-
2011.
D. Submittal of the sub-grant agreement will enable the City to be eligible to
receive $1,409,639.00 in WIA Youth Funds for program year 2010-2011. The
City will also be eligible to receive $1,543,322.00 for the Adult Program and
$820,676.00 for the Dislocated Worker Program through a unilateral
modification from the State of California.
E. The sub-grant and other related documents from the State of California must
be reviewed and executed by the City of Santa Ana in order to receive said
funding.
55A-2 Resolution No. 2010-XXX
Page 1 of 2
Section 2. The City Council of the City of Santa Ana hereby authorizes the
City Manager or his designee to execute all necessary documents related to the sub-
grant with the State of California, Workforce Investment Division.
Section 3. This Resolution shall take effect immediately upon its
adoption by the City Council, and the Clerk of the Council shall attest to and certify the
vote adopting this Resolution.
ADOPTED this day of , 2010.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Lisa E. Storck
Assistant City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached
Resolution No. 2010- to be the original resolution adopted by the City Council of
the City of Santa Ana on , 2010.
Date:
Clerk of Council
City of Santa Ana
55A-3 Resolution No. 2010-XXX
Page 2 of 2
II
55A-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
? As Recommended
RESOLUTION ESTABLISHING THE ? As Amended
APPROPRIATION LIMIT OF ? Ordinance on 1S` Reading
? Ordinance on 2"d Reading
THE CITY OF SANTA ANA FOR ? Implementing Resolution
FY 2010-11 ? Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Adopt a resolution establishing the appropriation limit for the fiscal year 2010-11
DISCUSSION
The State of California Constitution includes provisions, which impose a limit ("the Gann Limit")
on tax proceeds that may be appropriated for expenditures by a local government in any given
fiscal year and requires the cities establish this limit by resolution. Adoption of the subject
resolution is necessary for compliance with these provisions for the fiscal year ending June 30,
2011.
As detailed in the exhibits to the subject resolution, the City's spending limitations from "Proceeds
of Taxes" is calculated to be $774,625,209 (Exhibit A) for FY 2010-11. This represents the
permitted growth rate factor of 23.0266 times the adjusted base year (1978-1978) appropriation
limit of $33,640,451. Exhibit B identifies the factors used to determine the allowable increase;
Exhibit C categorizes FY 2010-11 anticipated revenues from "Proceeds of Taxes" and "Non-
Proceeds of Taxes"; and Exhibit D computes the fiscal year 2010-2011 appropriations subject to
this limitation and identifies the difference between the limit and the budgeted appropriation. As
demonstrated in Exhibit D the City's anticipated FY 2010-11 "Proceeds of Taxes" revenue will be
$654,966,839 below the allowable limit.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Francisco Gutierrez
Executive Director
Finance and Management Services Agenc~
55B-1
Iss:6/16/10
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ESTABLISHING THE APPROPRIATION LIMIT
OF THE CITY OF SANTA ANA FOR FISCAL YEAR
2010-2011
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Article XIIIB of the Constitution of the State of California, adopted by the
voters of the State of California in November 1978, imposes upon State
and local government the obligation to limit each fiscal year's
appropriations to those established in fiscal year 1978-79 as adjusted for
inflation and population, together with other specified changes required or
permitted.
B. In June of 1990, the voters of the State of California approved Proposition
111 which amended Article XIII B to establish the limit originally calculated
for fiscal year 1986-87 as a new adjustment base and to change the
definition of the cost of living to be either the percentage change in
California per capita personal income from the preceding year, or the
percentage change in the jurisdiction's local assessment roll from the
preceding year due to the addition of local non-residential new
construction.
C. Proposition 111 further modified Article XIII B requirements by making
certain capital outlay, debt service, emergency and court ordered
expenditures not subject to the limit and by allowing expenditures in
excess of one year's limit to be offset by under expenditures in an
immediately following year.
D. The City of Santa Ana has opted to use as the inflation adjustment factor,
the percentage change in the California per capita personal income from
the preceding year.
E. The City of Santa Ana has opted to use as the population adjustment
factor, the County's percentage change in population from the preceding
year.
Resolution No. 2010-XXX
Page 1 of 3
55B-2
F. Division 9 of Title I of the Government Code of the State of California
(commencing with section 7900), directs the governing body of each local
jurisdiction to annually establish its appropriations limit and make other
necessary determinations for the following fiscal year pursuant to Article
XIIIB of the California Constitution, by resolution, at a regularly scheduled
meeting or noticed special meeting. Fifteen days prior to the meeting,
documentation used in the determination of the appropriations limit and
other necessary determinations shall be available to the public.
G. This matter was considered by the City Council at its regularly scheduled
meeting of July 5, 2010.
H. The Executive Director, Finance and Management Services of the City of
Santa Ana has determined the City's appropriation limit for fiscal year
2010-2011 in accordance with the said provisions of the Constitution and
laws of the State of California and the documentation used in said
determination has been available to the public since not later than June
18, 2010 in the office of the Executive Director, Finance & Management
Services.
Section 2. Based upon the above referenced facts and all facts specified in
the accompanying Request for Council Action and its attachments, and each of them,
the appropriation limit of the City of Santa Ana for fiscal year 2010-2011 is hereby found
and determined to be $774,625,209.00.
Section 3. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this day of , 2010.
Miguel A. Pulido
Mayor
Resolution No. 2010-XXX
55B-3 Page 2 of 3
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Laura Sheedy
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2010-XXX to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2010-XXX
Page 3 of 3
55B-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
? As Recommended
II PUBLIC HEARING -RECOVERY OF ? As Amended
? Ordinance on 1 S' Reading
UNCOLLECTED COSTS FOR ABATEMENT ? ordinance on 2nd Reading
OF DANGEROUS AND ABANDONED ? implementing Resolution
BUILDINGS ? Set Public Hearing For
j CONTINUED TO
~.'J'z-~C^~---~ FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Adopt a resolution affirming the Fiscal Year 2009-2010 Dangerous and Abandoned Building
Program Report and authorize the transmittal of uncollected Dangerous and Abandoned Building
charge to the office of Auditor-Controller, County of Orange.
DISCUSSION
The City's Dangerous and Abandoned Building Program has proven to be an effective tool to
abate dangerous and abandoned structures that create an attractive nuisance for children and
provide harborage for illegal activity. The abatements are accomplished by board-ups and/or
demolition. Property owners are given 2 to 30 days to abate the conditions or the City, through its
contractors, will perform the work. The property owners are then notified of the outstanding
abatement costs every 30 days until the Planning and Building Agency is reimbursed for the
expenditure.
Each year, the City finds it necessary to seek legal recourse in order to recover the uncollected
costs expended for abatement of dangerous and abandoned properties. This year the
outstanding charges for work performed on six parcels is $6,544.27 (Exhibit 1). The property
owner names are provided in Exhibit 2. The most effective method of collection is to submit these
charges to the office of the County Auditor/Controller in order that they may be placed as a lien on
the property tax rolls. Charges must be submitted to the County by their deadline of August 10,
2010. i
75A-1
Recovery of Uncollected Costs for Abatement
of Dangerous and Abandoned Buildings
July 6, 2010
Page 2
FISCAL IMPACT
The recovered charge will result in an estimated $6,544.27 in the Special Repair and Demolition
Fund (fund no. 121-15002-53507).
APPROVED AS TO FUNDS AND ACCOUNTS:
J .Trevino Francisco Gutierrez
Executive Director Executive Director
Planning & Building Agency Finance & Management Services Agency
KJ: rb
rb\reports\FY09-10 Cost Recovery
Exhibit: 1. Parcel Assessment Amounts
2. Property Owner Listing
75A-2
RESOLUTION NO. 2010-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA OVERRULING OBJECTIONS TO AND CONFIRMING THE
COSTS OF SECURING AND DEMOLITION OF VARIOUS
STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING,
CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH
COSTS; AND ORDERING SUCH COSTS TO BE RECORDED
WITH THE ORANGE COUNTY RECORDER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby, finds, determines
and declares as follows:
A. Pursuant to Section 17-40 of the Santa Ana Municipal Code, the Executive
Director of the Planning and Building Agency has submitted an itemized
report, a copy of which is on file with the Clerk of the Council, showing the
costs of securing and demolition of various structures carried out by the City
of Santa Ana upon each individual lot or parcel of land where such work was
done.
B. The Executive Director of the Planning and Building Agency has given
notice as required by law, in which the 6th day of July, 2010, at the hour of
6:00 p.m. was fixed as the time, and 22 Civic Center Plaza, Santa Ana as
the place, where any and all persons interested in said report might be
heard.
C. The City Council of the City of Santa Ana, at said time and place has
received, heard, and considered said report and all objections by property
owners liable to be assessed for the abatement, and directed such
modification of said report as it has deemed necessary.
Section 2. Each and every objection to said work and the costs thereof is hereby
overruled; said report, a copy of which is on file with the Clerk of the Council, is hereby
confirmed; the cost of abatement work done in front of or upon each lot or parcel of real
property, as shown on Exhibits 1 and 2, which are incorporated by this reference as
though fully set forth herein, and the amounts therein on such assessments shall become
due thirty (30) days after the adoption of this Resolution.
Sec=. The Executive Director of Planning and Building Agency is hereby
directed to file a certified copy of said report and this Resolution with the County
Resolution No. 2010-xxx
Page 1 of 5
75A-3
Recorder's Office, the County Auditor, County Assessor, and County Tax Collector on or
before August 10, 2010.
Section 4. The County Auditor is requested to enter the assessments on the
county tax rolls.
Section 5. The County Tax Collector is requested to collect the assessment at
the time and in the manner of ordinary municipal taxes.
Section 6. The City of Santa Ana, hereby certifies that the special
assessments, special taxes, parcel taxes, charges and/or fees which are to be placed
on the fiscal year 2010-2011 property tax roll have been duly adopted in accordance
with State law and are legally valid.
ADOPTED this 6th day of July, 2010.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
sy:
Ryan O. Hodge
Deputy City Attorney
Resolution No. 2010-xxx
Page 2 of 5
7 5A-4
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2010-~;XX to be the original resolution adopted by the City Council of the
City of Santa Ana on July 6, 2010.
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2010-xxx
Page 3 of 5
75A-5
AC62L05A -Form B2 Jurisdiction 061 Santa Ana
Special Assessment Add Transactions Type of Tax c-2
Date Julv 6.2010
PARCEL NUMBER ASSESSMENT AMOUNT
6-15 16-23
002-242-19 805.00
015-042-08 2,086.63
016-043-27 2,391.82
398-313-10 397.65
872-30-136-1 432.74
108-731-06 430.43
TOTAL
$6,544.27
DOC. NO.=AC62FORM REV:5/92
EXHIBIT 1
Resolution No. 2010-xxx
Page 4 of 5
75A-6
DANGEROUS AND ABANDONED
BUILDINGS AND STRUCTURES (D.A.B.S.)
PROPERTY OWNER LISTING
FISCAL YEAR 2009-2010
ADDRESS PARCEL NO. OWNER/ADDRESS
ASSESSMENT
947 Fairbrook Ln. AP#002-242-19 947 Fai brook LnS & Aida Olivares $805.00
Santa Ana, CA 92706
1819 S. Parton AP#015-042-08 18 g9 S Partonash $2,086.63
Santa Ana, CA 92707
318 E. Central AP#016-043-27 D 8 ECCentral da $2,391.82
Santa Ana, CA 92704
911 E. Brown AP#398-313-10 826 Greenwood $397.65
Santa Ana, CA 92705
Union Pacific Railroad $432.74
SBE-872-30-136-1 SBE-872-30-136-1 10031 Foothill Blvd.
Roseville, CA 95747
ATTN: Ton Galinas
1013 S. Elliott Peter Pham $430.43
AP#108-731-06 13332 Yockey St.
Garden Grove, CA 92843
EXHIBIT 2
Resolution No. 2010-xxx
Page 5 of 5
75A-7
75A-8
REQUEST FOR
COUNCIL ACTION ~ ~ r,.
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
? As Recommended
PUBLIC HEARING -WEED ABATEMENT PUBLIC ? As Amended
? Ordinance on 1St Reading
NUISANCE REPORT FISCAL YEAR 2009-2010 ? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Adopt a resolution affirming the Fiscal Year 2009-2010 Weed Abatement Program Report and
authorize the transmittal of uncollected weed abatement charges and postings to the Office of
Auditor-Controller, County of Orange.
DISCUSSION
The Public Works Agency operates ayear-round program to maintain private properties free of
weeds and rubbish. City sanitation inspectors post properties notifying owners of unsightly or
unsafe conditions. Property owners have ten days to abate the conditions or the City will perform
the work through its contractor. When posting a property a second time within 12 months for the
same violation, the City assesses a posting charge. The property owner is notified of such
outstanding charges every 30 days until the charges are paid.
Each year the City finds it necessary to seek legal recourse in order to recover the uncollected
costs of posting violations and cleaning various parcels throughout the City. This year there is
$76,299 in outstanding charges for parcels cleaned by the City contractor and posted by City
crews (Exhibit 1). The most effective method of collection has been to submit these charges to
the Office of the Orange County Auditor-Controller. The fees are included in the property tax rolls
and, if in default, are payable when the property changes ownership. The County's deadline for
inclusion is August 10, 2010.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
75B-1
Resolution -Weed Abatement Public Nuisance Report
Fiscal Year 2009-2010
July 6, 2010
Page 2
FISCAL IMPACT
After affirmation by the Council, the charges will be submitted directly to the Office of the Auditor-
Controller, County of Orange for collection. The revenues collected will be deposited into the
City's Sanitation Fund (account no. 6817002-53710).
APPROVED AS TO FUNDS AND ACCOUNTS:
r'
l~
c~c~cc~ ~ c~~
Raul Godinez II Francisco Gutierrez
Executive Direct r Executive Director 7"'
Public Works Agency Finance & Mgmt. Services Agency
RG/PG
Exhibit 1: Resolution
2:
75B-2
RESOLUTION NO. 2010-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
CONFIRMING THE COSTS OF WEED, RUBBISH AND GARBAGE ABATEMENT:
MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND
ORDERING A COPY THEREOF TO BE FILED WITH THE COUNTY AUDITOR,
ASSESSOR AND TAX COLLECTOR
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby, finds, determines
and declares as follows:
A. Pursuant to Section 16-55 of the Santa Ana Municipal Code, the Executive
Director of Public Works Agency has submitted an itemized report, the Weed
Abatement Program Report, a copy of which is on file with the Clerk of the
Council and which is attached hereto as Exhibit 1 and is incorporated by this
reference as though fully set forth herein, which sets forth the costs of the weed,
rubbish and garbage abatement actions carried out by the City of Santa Ana in
front of or upon each individual lot or parcel of land where such work was done.
B. The Executive Director of the Public Works Agency has given notice as required
by law, that the 6th day of July, 2010, at the hour of 6:00 p.m. was fixed as the time,
and 22 Civic Center Plaza, Santa Ana as the place, where any and all persons
interested in said report might be heard.
C. The City Council of the City of Santa Ana, at said time and place has received,
heard, and considered said report and all objections thereto submitted by
property owners liable to be assessed for the abatement, and directed such
modification of said report as it has deemed necessary.
Section 2. Each and every objection to said work and the costs thereof is hereby
overruled; Exhibit 1, is hereby made and confirmed as an assessment against such lots or
parcels respectively, said assessments are hereby levied, and shall constitute liens on the
respective lots or parcels of real property as shown on said report until paid.
Section 3. The Public Works Agency is hereby directed to file a certified copy
of said report and this Resolution with the County Auditor, County Assessor, and
County Tax Collector on or before August 10, 2010.
Section 4. The County Auditor is requested to enter the assessments on the
county tax rolls.
Exhibit 1
75B-3
Section 5. The County Tax Collector is requested to collect the assessment at
the time and in the manner of ordinary municipal taxes.
Section 6. The City of Santa Ana hereby certifies that the special
assessments, special taxes, parcel taxes, charges and/or fees which are to be placed
on the fiscal year 2010-2011 property tax roll have been duly adopted in accordance
with State law and are legally valid.
ADOPTED this day of , 2010.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Laura S. Sheedy
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No.2010-XXX to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Exhibit 1
75B-4
CITY OF SANTA ANA
FISCAL YEAR 2009-2010
WEED ABATEMENT PROGRAM REPORT
I~
Exhibit 1
75B-5
Jurisdiction: Santa Ana
Type of Tax: B8
AC62L05A -FORM B2
Special Assessment Add Date: August 10,
Transactions 2010
PARCEL NUMBER ASSESSMENT PARCEL NUMBER ASSESSMENT
6-15 AMOUNT 6-15 AMOUNT
16-23 16-23
001-032-09 1167 010-192-02 35
001-032-13 35 010-274-22 35
001-094-07 35 010-292-12 35
001-243-04 70 011-041-14 489
001-275-07 35 011-061-50 484
002-035-10 585 011-251-17 35
002-037-54 489 011-251-18 35
002-050-08 585 011-251-19 35
002-082-23 972 011-251-20 35 ~
002-133-13 958 013-014-07 35
002-291-40 705 013-021-15 35
003-061-48 35 013-023-21 35
003-120-44 480 013-092-21 70
003-141-23 778 013-182-06 35
003-162-21 456 013-231-26 35
003-222-11 1171 014-011-16 35
004-020-11 35 014-094-33 35
004-020-22 960 014-103-17 35
007-192-11 828 014-112-30 35
007-192-12 35 014-122-23 35
007-192-13 35 014-211-03 35
007-192-23 35 014-221-01 70
007-212-23 720 014-231-05 481
007-223-02 544 014-241-15 456
007-262-28 480 014-243-19 35
007-272-11 35 014-402-01 35
007-351-10 35 014-403-24 35
008-144-02 35 014-422-25 489
008-211-15 577 014-423-03 35
008-212-12 35 015-042-08 1475
008-234-07 1448 015-042-27 515
010-141-09 35 015-043-27 35
010-141-15 35 015-068-04 105
010-151-12 497 015-073-12 105
010-191-14 643 015-074-01 35
Exhibit 1
75B-6
Jurisdiction: Santa Ana
Type of Tax: B8
AC62L05A -FORM B2
Special Assessment Add Date: August 10,
Transactions 2010
PARCEL NUMBER ASSESSMENT PARCEL NUMBER ASSESSMENT
6-15 AMOUNT 6-15 AMOUNT
16-23 16-23
015-083-02 35 109-744-15 522
015-083-07 70 140-153-15 35
015-114-08 35 140-162-01 35
015-147-02 609 140-231-22 467
015-155-16 35 144-341-07 35
015-174-38 35 144-361-30 467
015-204-12 35 188-071-05 4826
015-211-10 665 198-081-16 35
015-213-06 909 198-081-22 35
015-220-01 35 198-081-28 35
015-221-21 476 198-132-23 35
016-034-13 670 198-182-01 35
016-043-27 678 198-182-02 35
016-044-12 35 198-182-03 35
016-135-46 70 198-182-04 35
016-213-07 474 198-182-05 35
016-221-27 35 198-182-33 35
016-221-28 35 198-182-34 70
099-222-24 581 198-182-35 35
099-222-39 35 198-182-36 35
099-224-40 35 198-281-25 35
099-231-03 35 198-281-26 602
100-161-30 70 390-171-03 70
100-223-19 35 396-052-14 35
100-231-01 35 396-052-27 35
100-242-10 70 396-052-28 445
100-422-03 1105 396-083-40 35
100-582-33 35 396-111-35 513
108-101-44 35 396-113-03 777
108-101-45 35 396-282-22 612
108-131-26 35 396-331-01 903
108-335-23 35 396-341-06 35
109-311-10 35 396-352-04 35
109-405-47 35 398-084-06 35
109-444-24 35 398-101-03 70
109-733-12 1365 398-150-02 35
Exhibit 1
75B-7
Jurisdiction: Santa Ana
Type of Tax: B8
AC62L05A -FORM B2
Special Assessment Add Date: August 10,
Transactions 2010
PARCEL NUMBER- ASSESSMENT PARCEL NUMBER ASSESSMENT
6-15 AMOUNT 6-15 AMOUNT
16-23 16-23
398-193-10 1549 408-113-10 35
398-282-04 2366 408-232-27 35
398-287-01 35 408-244-12 610
398-313-10 1123 408-244-13 35
398-324-08 511 408-282-08 553
398-341-01 70 408-292-10 590
398-421-24 668 408-295-15 70
398-461-07 35 408-341-02 35
398-471-07 70 408-352-18 35
398-472-05 35 408-386-21 35
398-472-06 35 408-402-29 35
398-481-12 931 408-471-14 1107
398-484-11 430 410-082-16 35
398-514-01 35 412-154-04 35
398-514-02 35 412-394-07 105
398-514-03 35 412-402-20 35
398-514-04 35 430-011-03 1539
398-522-12 35
398-522-18 70
398-524-04 518
398-541-15 35
399-031-22 105
400-032-02 1392
400-081-08 35
403-142-28 35
403-182-06 918
403-186-06 70
403-188-04 35
404-042-06 70
404-046-08 1084
405-012-02 611
405-042-17 526
405-065-06 678
405-074-19 35
408-062-42 721
408-076-02 70
Exhibit 1
75B-8
Type of Tax: B8
AC62L05A -FORM B2
Special Assessment Add Date: August 10,
Transactions 2010
PARCEL NUMBER ASSESSMENT AMOUNT PARCEL NUMBER ASSESSM
6-15 16-23 6-15 ENT
AMOUNT
16-23
TAX RATE AREA 11-054
UTILITY UNION PACIFIC
AMOUNT $14,860
DESCRIPTION WEED ABATEMENT
SBE843-30-135-2 2930
SBE843-30-136-1 717
SBE843-30-139-POR.4 8128
SBE843-30-13H-POR.23 313
SBE843-30-142-3 2772
TAX RATE AREA 11-054
UTILITY Southern California Edison
AMOUNT $35
DESCRIPTION WEED ABATEMENT
SBE148-30-95-2,3 35
TAX RATE AREA 11-054
UTILITY Burlin ton Northern
AMOUNT $526
DESCRIPTION WEED ABATEMENT
SBE804-30-11 B-1 526
Exhibit 1
75B-9
75B-10
REQUEST FOR T~,~~
COUNCIL ACTION :T_
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
? As Recommended
PUBLIC HEARING: REPORT ON WATER ? As Amended
QUALITY RELATIVE TO PUBLIC HEALTH ? Ordinance on 15~ Reading
? Ordinance on 2"d Reading
GOALS ? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
~~G - FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Accept the report on Water Quality Relative to Public Health Goals.
DISCUSSION
The California Environmental Protection Agency Office of Environmental Health Hazard
Assessment establishes Public Health Goals (PHGs) for drinking water contaminants. The PHGs
are guidelines and are not requirements for any public water system. PHGs are frequently much
lower than the Maximum Contaminant Levels (MCLs) established by the United States
Environmental Protection Agency (USEPA). Under provisions of the California Health and Safety
Code, the City is required to prepare a special report identifying water quality measurements that
have exceeded PHGs (Exhibit 1).
For the years 2007, 2008, and 2009, the report shows that Santa Ana's drinking water continues to
meet all State of California, Department of Health Services, and USEPA drinking water standards
set to protect public health. However, the City's drinking water content of naturally occurring
uranium, arsenic, and copper levels exceeded the recommended PHG levels. The report states
that for naturally occurring uranium and arsenic, additional treatment would be very expensive,
marginally effective, and would not result in significant reduction of the contaminants. Therefore,
no action is proposed.
The report also states that optimized corrosion control is the best available technology to reduce
the copper levels. The California Department of Public Health has determined that the City has
optimized corrosion control with our treatment and monitoring procedures. The implementation of
new treatment technologies therefore is not recommended.
State law specifies that a public hearing for the purpose of accepting and responding to public
comments on the report be held. Tonight's public hearing will meet this legal requirement.
75C-1
Public Hearing -Water Quality Relative to Public Health Goals
July 6, 2010
Page 2
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended action is not
considered a CEQA project. Therefore, no environmental documentation is required.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Raul Godinez II
Executive Director
Public Works Agency
Exhibits: 1. Water Quality Report
2. State Law Requirements
3. Listing of Regulated Water Constituents 2009
4-6. Water Quality Data 2007, 2008, 2009
75C-2
CITY OF SANTA ANA
REPORT ON WATER QUALITY RELATIVE TO PUBLIC HEALTH GOALS
Background:
Provisions of the California Health and Safety Code (Reference No. 1) specify that larger
(>10,000 service connections) water utilities prepare a special report by July 1, 2010, if their
water quality measurements have exceeded any Public Health Goals (PHGs). PHGs are non-
enforceable goals established by the Cal-EPA's Office of Environmental Health Hazard
Assessment (OEHHA). The law also requires that where OEHHA has not adopted a PHG for a
constituent, the water supplier is to use Maximum Contaminant Level Goals (MCLGs) adopted
by the United States Environmental Protection Agency (USEPA). Only constituents which have
a California primary drinking water standard and for which either a PHG or MCLG has been set
are to be addressed. (Reference No. 2 is a list of all regulated constituents with the MCLs and
PHGs or MCLGs).
There are a few constituents that are routinely detected in water systems at levels usually
well below the drinking water standards for which no PHG nor has MCLG yet been adopted by
OEHHA of USEPA including Total Trihalomethanes. These will be addressed in a future
required report after a PHG has been adopted.
The law specifies what information is to be provided in the report. (See Reference No. 1)
If a constituent was detected in the City's water supply between 2007 and 2009 at a level
exceeding an applicable PHG or MCLG, this report provides the information required by law.
Included is the numerical public health risk associated with the MCL and the PHG or MCLG, the
category or type of risk to health that could be associated with each constituent, the best
treatment technology available that could be used to reduce the constituent level, and an estimate
of the cost to install treatment if appropriate and feasible.
What Are PHGs?
PHGs are set by the California Office of Environmental Hazard Assessment (OEHHA),
which is part of Cal-EPA and are based solely on public health risk considerations. None of the
practical risk-management factors that are considered by the USEPA or the California
Department of Public Health (CDPH) in setting drinking water standards (MCLs) are considered
in setting the PHGs. These factors include analytical detection capability, treatment technology
available, benefits and costs. The PHGs are not enforceable and are not required to be met by
any public water system. MCLGs are the federal equivalent to PHGs.
Water Quality Data Considered:
All of the water quality data collected by our water system between 2007 and 2009 for
the purpose of determining compliance with drinking water standards was considered. This data
was all summarized in our 2007 2008, and 2009 Annual Water Quality Reports, which were
mailed to all of our customers. (Reference Exhibits 4-6)
EXHIBIT 1
~~~~4
Guidelines Followed:
The Association of California Water Agencies (ACWA) formed a work group, which
prepared guidelines for water utilities to use in preparing these required reports. The ACWA
guidelines were used in the preparation of this report.
Best Available Technology and Cost Estimates:
Both the USEPA and CDPH adopt what are known as BATs or Best Available
Technology, which are the best known methods of reducing contaminant levels to the MCL.
Costs can be estimated for such technologies. However, since many PHGs and all MCLGs are
set lower than the MCL, it is not always possible nor feasible to determine what treatment is
needed to further reduce a constituent downward to or near the PHG or MCLG, many of which
are set at zero. Estimating the costs to reduce a constituent to zero is difficult, if not impossible
because it is not possible to verify by analytical means that the level has been lowered to zero. In
some cases, installing treatment to try and further reduce very low levels of one constituent may
have adverse effects on other aspects of water quality.
Constituents Detected That Exceed a PHG or a MCLG:
The following is a discussion of constituents that were detected in one or more of our
drinking water sources at levels above PHG.
Naturally Occurring Uranium
The PHG for Natural Uranium is 0.43 pCi/L. The MCL or drinking water standard for
Natural Uranium is 20 pCi/L. We have detected Natural Uranium in 18 of our 21 wells at levels
1.16 to 9.49 pCi/L. The levels detected were below the MCL. The category of health risk
associated with Natural Uranium, and the reason that a drinking water standard was adopted for
it, is that people who drink water containing Natural Uranium above the MCL throughout their
lifetime could experience an increased risk of cancer. The 20 pCi/L MCL established by the
CDPH if complied with should have no adverse health effect. The numerical risk for cancer for
water containing Uranium at the PHG level of 0.43 pCi/L is one case in 1,000,000. The large
water system BAT for Natural Uranium to lower the levels below the PHG is Ion Exchange.
Total water production for all affected wells is 41,505 gallons per minute. Based on the USEPA
studies, the initial cost to treat one thousand gallons of water at 80 percent removal efficiency for
large water systems ranges from $0.53 to $0.68. The on going cost for the treatment ranges from
$0.53 to $0.68 per thousand gallons of water treated. For the City of Santa Ana, the estimated
cost to install such treatment systems (Ion Exchange) ranges between $6.78 and $21.6 Million.
The cost to operate the treatment facilities will range from $6.78 to $8.3 million per year. The
cost to build the treatment facilities would result in an assumed increased cost for each customer
of $19.48 to $60.41 in the first year and from $19.45 to $23.87 per customer annually.
pEX~HI~BiT~1
I Fi~~'~F4
Copper
The PHG for copper is 0.3 mg/L. There is no MCL for Copper. Instead the 90th
percentile value of all samples from household taps in the distribution system cannot exceed an
Action Level of 1.3 mg/L for copper.
The category of health risk for copper is gastrointestinal irritation. Numerical health risk
data on copper have not yet been provided by OEHHA, the State agency responsible for
providing that information.
All of our source water samples for copper in 2009 were less than the PHG. Based on
extensive sampling of our distribution system in 2009, our 90th percentile value for copper was
0.19 mg/L.
Our water system is in full compliance with the Federal and State Lead and Copper Rule.
Based on our extensive sampling, it was determined according to State Regulatory requirements
that we meet the Action Levels for copper. Therefore, we are deemed by CDPH to have
"Optimized Corrosion Control" for our system.
In general, optimizating corrosion control is considered to be the best available
technology to deal with corrosion issues and with any lead or copper findings. We continue to
monitor our water quality parameters that relate to corrosively, such as pH, hardness, alkalinity,
and total dissolved solids. Action will be taken if necessary to maintain our system in an
"Optimized Corrosion Control" condition.
Since we are meeting the "Optimized Corrosion Control" requirements, it is not prudent
to initiate additional corrosion control treatment as it involves the addition of other chemicals,
and there could be additional water quality issues raised. Therefore, no estimate of cost has been
included.
Arsenic
The PHG for arsenic is 0.000004 mg/L. The MCL for arsenic is 0.10 mg/L. We have
detected Arsenic in 3 of our 21 wells at levels ND - 0.0049 mg/L. The levels detected were
below the MCL. The category of health risk associated with Arsenic, and the reason that a
drinking water standard was adopted for it, is that people who drink water containing Arsenic
above the MCL throughout their lifetime could experience an increased risk of cancer. The 0.10
mg/L MCL established by the USEPA if complied with should have no health effect. The
numerical risk for cancer for water containing Arsenic at the PHG level of 0.000004 mg/L is one
case in 1,000,000. The large system BAT for Arsenic to lower the levels below the PHG is Ion
Exchange. Total water production for all affected wells is 7,349 gallons per minute. Based on
the USEPA studies, the initial cost to treat one thousand gallons of water at 80 percent removal
efficiency for large water systems ranges from $0.53 to $0.68. The on going cost for the
treatment ranges from $0.53 to $0.68 per thousand gallons of water treated. For the City of
Santa Ana, the estimated cost to install such treatment systems (Ion Exchange) ranges between
$6.78 and $21.6 Million. The cost to operate the treatment facilities will range from $6.78 to
$8.3 million per year. The cost to build the treatment facilities would result in an assumed
increased to each customer or $19.48 to $60.41 in the first year and from $19.45 to $23.87 per
customer annually.
EXHIBIT 1
~~~~4
Recommendations for Further Action:
The drinking water quality of the City of Santa Ana meets all State of California,
Department of Health Services and USEPA drinking water standards set to protect the public
health. To further reduce the levels of the constituents identified in this report that are already
significantly below the health-based Maximum Contaminant Levels established to provide "safe
drinking water", an additional costly treatment process would be required. The effectiveness of
the treatment process to provide any significant reductions in the constituents' levels at these
already low values is uncertain. The health protection benefits of these further hypothetical
reductions are not at all clear and may not be quantifiable. Therefore, no action is proposed.
EXHIBIT 1
~
116470. (a) As a condition of its operating permit, every public
water system shall annually prepare a consumer confidence report and
mail or deliver a copy of that report to each customer, other than an
occupant, as defined in Section 799.28 of the Civil Code, of a
recreational vehicle park. A public water system in a recreational
vehicle park with occupants as defined in Section 799.28 of the Civil
Code shall prominently display on a bulletin board at the entrance
to or in the office of the park, and make available upon request, a
copy of the report. The report shall include all of the following
information:
(1) The source of the water purveyed by the public water system.
(2) A brief and plainly worded definition of the terms "maximum
contaminant level," "primary drinking water standard," and "public
health goal."
(3) If any regulated contaminant is detected in public drinking
water supplied by the system during the past year, the report shall
include all of the following information:
(A) The level of the contaminant found in the drinking water, and
the corresponding public health goal and primary drinking water
standard for that contaminant.
(B) Any violations of the primary drinking water standard that
have occurred as a result of the presence of the contaminant in the
drinking water and a brief and plainly worded statement of health
concerns that resulted in the regulation of that contaminant.
(C) The public water system's address and phone number to enable
customers to obtain further information concerning contaminants and
potential health effects.
(4) Information on the levels of unregulated contaminants, if any,
for which monitoring is required pursuant to state or federal law or
regulation.
(5) Disclosure of any variances or exemptions from primary
drinking water standards granted to the system and the basis
therefor.
(b) On or before July 1, 1998, and every three years thereafter,
public water systems serving more than 10,000 service connections
that detect one or more contaminants in drinking water that exceed
the applicable public health goal, shall prepare a brief written
report in plain language that does all of the following:
(1) Identifies each contaminant detected in drinking water that
exceeds the applicable public health goal.
(2) Discloses the numerical public health risk, determined by the
office, associated with the maximum contaminant level for each
contaminant identified in paragraph (1) and the numerical public
health risk determined by the office associated with the public
health goal for that contaminant.
(3) Identifies the category of risk to public health, including,
but not limited to, carcinogenic, mutagenic, teratogenic, and acute
toxicity, associated with exposure to the contaminant in drinking
water, and includes a brief plainly worded description of these
terms.
(4) Describes the best available technology, if any is then
available on a commercial basis, to remove the contaminant or reduce
the concentration of the contaminant. The public water system may,
solely at its own discretion, briefly describe actions that have been
taken on its own, or by other entities, to prevent the introduction
of the contaminant into drinking water supplies.
(5) Estimates the aggregate cost and the cost per customer of
utilizing the technology described in paragraph (4), if any, to
reduce the concentration of that contaminant in drinking water to a
level at or below the public health goal.
(6) Briefly describes what action, if any, the local water
purveyor intends to take to reduce the concentration of the
contaminant in public drinking water supplies and the basis for that
decision.
(c) Public water systems required to prepare a report pursuant to
subdivision (b) shall hold a public hearing for the purpose of
accepting and responding to public comment on the report. Public
water systems may hold the public hearing as part of any regularly
scheduled meeting.
(d) The department shall not require a public water system to take
any action to reduce or eliminate any exceedance of a public health
goal.
(e) Enforcement of this section does not require the department to
amend a public water system's operating permit.
(f) Pending adoption of a public health goal by the Office of
Environmental Health Hazard Assessment pursuant to subdivision (c) of
Section 116365, and in lieu thereof, public water systems shall use
the national maximum contaminant level goal adopted by the United
States Environmental Protection Agency for the corresponding
contaminant for purposes of complying with the notice and hearing
requirements of this section.
(g) This section is intended to provide an alternative form for
the federally required consumer confidence report as authorized by 42
U.S.C. Section 300g-3(c).
75C-8
MCLs, DLRs and PHGs for Regulated Drinking Water Contaminants
Last Update: December 31, 2009
The following table includes:
CDPH's maximum contaminant levels (MCLs)
CDPH's detection limits for purposes of reporting (DLRs)
Public health goals (PHGs) from the Office of Environmental Health Hazard Assessment
(OEHHA)
(Units are in milligrams per liter (mg/L), unless otherwise noted.)
State DLR PHG or Date of
MCL MCLG PHG
Chemicals with MCLs in 22 CCR §64431-Inorganic Chemicals
Aluminum 1 0.05 0.6 2001
Antimony 0.006 0.006 0.02a 1997
Arsenic 0.010 0.002 0.000004 2004
Asbestos (MFL =million fibers per liter; for 7 MFL 0.2 MFL 7 MFL 2003
fibers >10 microns Ion
Barium 1 0.1 2 2003
Be Ilium 0.004 0.001 0.001 2003
Cadmium 0.005 0.001 0.00004 2006
Chromium, Total - OEHHA withdrew the 0.05 0.01 (0.1) 1999
0.0025-m /L PHG in 2001
Chromium-6 -MCL to be established -
current/y regulated under the total chromium 0.001 0.00006 b
MCL
C snide 0.15 0.1 0.15 1997
Fluoride 2 0.1 1 1997
Mercury (inorganic) 0.002 0.001 0.0012 1999
rev2005 "
Nickel 0.1 0.01 0.012 2001
Nitrate as NO3 45 2 45 1997
Nitrite as N 1 as N 0.4 1 as N 1997
Nitrate + Nitrite 10 as N 10 as N 1997
Perchlorate 0.006 0.004 0.006 2004
Selenium 0.05 0.005 0.05
Thallium 0.002 0.001 0.0001 1999
rev2004
Copper and Lead, 22 CCR 64672.3
Values referred to as MCLs for lead and copper are not actually MCLs; instead, they are
called 'Action Levels" under the lead and copper rule
Co r 1.3 0.05 0.3 2008
Lead 0.015 0.005 0.0002 2009
Radionuclides with MCLs in 22 CCR §64441 and §64443-Radioactivity
[units are picocuries per liter (pCi/L), unless otherwise stated; n/a =not applicable]
Gross alpha particle activity - OEHHA
concluded in 2003 that a PHG was not 15 3 (zero) n/a
ractical
E~9
MCLs, DLRs and PHGs for Regulated Drinking Water Contaminants
Last Update: December 31, 2009
State DLR PHG or Date of
MCL MCLG PHG
Gross beta particle activity - OEHHA
concluded in 2003 that a PHG was not 4 mrem/yr 4 (zero) n/a
ractical
Radium-226 1 0.05 2006
Radium-228 1 0.019 2006
Radium-226 + Radium-228 (addressed 5
to ether as one MCL
Strontium-90 8 2 0.35 2006
Tritium 20,000 1,000 400 2006
Uranium 20 1 0.43 2001
Chemicals with MCLs in 22 CCR §64444-Organic Chemicals
(a) Volatile Or anic Chemicals (VOCs)
Benzene 0.001 0.0005 0.00015 2001
Carbon tetrachloride 0.0005 0.0005 0.0001 2000
1,2-Dichlorobenzene 0.6 0.0005 0.6 1997
rev2009
1,4-Dichlorobenzene -DCB 0.005 0.0005 0.006 1997
1,1-Dichloroethane 1,1-DCA 0.005 0.0005 0.003 2003
1,2-Dichloroethane (1,2-DCA) 0.0005 0.0005 0.0004 1999
rev2005
1,1-Dichloroeth lene 1,1-DCE 0.006 0.0005 0.01 1999
cis-1,2-Dichloroeth lene 0.006 0.0005 0.1 2006
trans-1,2-Dichloroeth lene 0.01 0.0005 0.06 2006
Dichloromethane (Methylene chloride) 0.005 0.0005 0.004 2000
1,2-Dichloro ro ane 0.005 0.0005 0.0005 1999
1,3-Dichloropropene 0.0005 0.0005 0.0002 1999
rev2006
Eth (benzene 0.3 0.0005 0.3 1997
Meth I tertia but I ether MTBE 0.013 0.003 0.013 1999
Monochlorobenzene 0.07 0.0005 0.2 2003
Styrene 0.1 0.0005 0.1
1,1,2,2-Tetrachloroethane 0.001 0.0005 0.0001 2003
Tetrachloroeth lene PCE 0.005 0.0005 0.00006 2001
Toluene 0.15 0.0005 0.15 1999
1,2,4-Trichlorobenzene 0.005 0.0005 0.005 1999
1,1,1-Trichloroethane 1,1,1-TCA 0.2 0.0005 1 2006
1,1,2-Trichloroethane 1,1,2-TCA 0.005 0.0005 0.0003 2006
Trichlorceth lene TCE 0.005 0.0005 0.0017 2009
Trichlorofluoromethane Freon 11 0.15 0.005 0.7 1997
1,1,2-Trichloro-1,2,2-Trifluoroethane (Freon 1 2 0.01 4 1997
113
Vin I chloride 0.0005 0.0005 0.00005 2000
X lenes 1.75 0.0005 1.8 1997
(b) Non-Volatile Synthetic Organic Chemicals (SOCs)
Alachlor 0.002 0.001 0.004 1997
Atrazine 0.001 0.0005 0.00015 1999
75C-10
MCLs, DLRs and PHGs for Regulated Drinking Water Contaminants
Last Update: December 31, 2009
State DLR PHG or Date of
MCL MCLG PHG
Bentazon 0.018 0.002 0.2 1999
rev2009
Benzo(a)pyrene 0.0002 0.0001 0.0000044 1997
Carbofuran 0.018 0.005 0.0017 2000
Chlordane 0.0001 0.0001 0.00003 1997
rev2006
Dalapon 0.2 0.01 0.79 1997
rev2009
1,2-Dibromo-3-chloropropane (DBCP) 0.0002 0.00001 1.7E-06 1999
2,4-Dichlorophenoxyacetic acid (2,4-D) 0.07 0.01 0.02 2009
Di 2-eth Ihex I adi ate 0.4 0.005 0.2 2003
Di 2-eth Ihex I hthalate DEHP 0.004 0.003 0.012 1997
Dinoseb 0.007 0.002 0.014 1997
Di uat 0.02 0.004 0.015 2000
Endrin 0.002 0.0001 0.0018 1999
rev2008
Endothal 0.1 0.045 0.58 1997
Eth lene dibromide EDB 0.00005 0.00002 0.00001 2003
GI hosate 0.7 0.025 0.9 2007
He tachlor 0.00001 0.00001 0.000008 1999
He tachlor a oxide 0.00001 0.00001 0.000006 1999
Hexachlorobenzene 0.001 0.0005 0.00003 2003
Hexachloroc clo entadiene 0.05 0.001 0.05 1999
Lindane 0.0002 0.0002 0.000032 1999
rev2005
Methox chlor 0.03 0.01 0.03 1999
Molinate 0.02 0.002 0.001 2008
Oxam I 0.05 0.02 0.026 2009
Pentachloro henol PCP 0.001 0.0002 0.0003 2009
Picloram 0.5 0.001 0.5 1997
Pol chlorinated bi hen Is PCBs 0.0005 0.0005 0.00009 2007
Simazine 0.004 0.004 0.004 2001
2,4,5-TP Silvex 0.05 0.001 0.025 2003
2,3,7,8-TCDD (dioxin) 3x10-8 5x10-9 0 e
Thiobencarb 0.07 0.001 0.07 2000
Toxa hene 0.003 0.001 0.00003 2003
Chemicals with MCLs in 22 CCR 64533-Disinfectant B products
Total Trihalomethanes 0.08
Bromodichloromethane 0.0005 (zero)
Bromoform 0.0005 (zero)
Chloroform 0.0005 (0.07)
Dibromochloromethane 0.0005 (0.06)
Total Haloacetic Acids 0.06
Monochloroacetic acid 0.002 (0.07)
Dichloroacetic acid 0.001 (zero)
Trichloroacetic acid 0.001 (0.02)
Bromoacetic acid 0.001
Dibromoacetic acid 0.001
75C-11
MCLs, DLRs and PHGs for Regulated Drinking Water Contaminants
Last Update: December 31, 2009
State DLR PHG or Date of
MCL MCLG PHG
Bromate 0.010 0.005 0.0001 2009
Chlorite 1 0.02 0.05 2009
Microbiolo ical Contaminants TT =Treatment Techni ue
Coliform % positive samples % 5 (zero)
Cryptosporidium'" TT zero)
Giardia Lamblia TT zero)
Legionella TT (zero)
Viruses TT (zero)
a. A draft CA PHG of 0.0007 mg/L was published in 2009
b. For informational purposes only--no action needed at this time
c. A draft CA PHG of 0.0005 mglL was published in 2008
d. A draft CA PHG of 0.000013 mg/L was published in 2009
e. A draft CA PHG of 1x10-9 mg/L was published in 2007
f. Draft CA PHGs for individual trihalomethanes were published in 2009
OEHHA's review of this chemical during the year indicated (rev200X) resulted in no
change in the PHG.
Surface water systems only
75C-12
tr~~.~~~...~ ~_)s-~ C tip;
Additional abbreviations used below:
Primary Standards -Mandatory Health-Related Standards
CLARITY PHG Imported Water Groundwater Typical Source Of
Parameter MCL (MCLG) Highest %LeseThan Range Average
CoMaminaM
0.3
k Combined Filter Effluent Less than 0.3
NTU in 95 % of NA ~ 0.08 100 % NR NR Soil runoff
} Turbidity (NTU) ~ ~ l
all samples I E
Turbidity: Is a measure of the cloudiness of the water. It is monitored in our imported water source because it is a good indicator of the effectiveness of the filtration
s~tem~ I
MICROBIOLOGICAL PHG Imported Water Groundwater Typical Source of
MCL
Parameter (MCLG) Range Average Range Average Contaminant
Total Coliform Bacteria 5 0 0.0 - 0.14 % 0.02 % 0 - 0.5 % 0 Naturally present in the
environment
RADIOLOGICALS
Decay of natural and
Gross Beta activity (pCi/L) 50 0 ND - 6.4 ND NR NR
manmade deposits
Gross Alpha activity (pCi/L) 15 0 ND - 7.2 ND ND - 10.6 2.9
Erosion of natural deposits
Gross Beta Activity: Effective 6/11/2006, the gross beta particle activity MCL is 4 millirem/year annual dose equivalent to the total body or any internal organ. 50 pCi/L
is used as a screening level.
INORGANIC CHEMICALS
) s~v~~~~ ~ Erosion of natural deposits;
Aluminum (ppb) 1000 600 ND - 140 ( 70 ND - 110 j 6.11 } residue from some surface )
_ ! i ! ~ water treatment processes
I I Erosion of natural deposits;
I runoff from orchards, lass
Arsenic (ppb) % 10 0.004 ND i ND I ND - 3.2 I 0.39 g
i ~ and electronics production
( ~ ~ wastes j
_._..,.i._-______-..._ .q.-.._._.._.__ . _
, . _ I v___-~ ~
Oil and metal refineries
Barium (ppb) "s 1000 ~ 2000 ND 103 ND ( ND - 171 ; 17.5 ' discharges; natural deposits;
I I
i I I ~ ~ erosion
_ 'k--_ ~
r_.._____-_.
~ Erosion of natural deposits;
Fluoride (ppm) 2 t 0.1 0 2 0 2 ) 0.18 - 0.56 ~ 0.35 f dischar a from lertilizer and
(naturally occurring) - ! i i 9
_ - aluminum factories I
Fluonde(PPmJ fi_... ,-i•...... +..-~.s_._...~._.-~~°____-.____...~.~-i
i Water additive for dental
j (Treatment -related) { (a) ~ 1 0.6 1.0 f 0 8 NA ~ NA k
health j
-.h...._~. .y
Nitrate (as N03 ppm) f 45 45 ND 0 8 ~ 0.5 ND - 31.87 I 10 64 Runoff and leaching from
~ M_ _ Y _ _ fertilizer use; leaching from
i Nitrate and Nitrite as N f ~ ! ~ y~
( t septic tanks and sewage;
PP ) 10 10 ! ND + ND ~ ND 7 2 ~ 2.41 erosion o nature epo
m , f I d its
s !i
i I E Refineries, mines, and
Selenium (ppb) 50 -50 ND ~ ND ! NR ~ NR f chemical waste discharges;
, ! ` runoff
SPECIAL EDUCATIONAL STATEMENT REGARDING NITRATE: Nitrate levels may rise quickly for short periods of time because of rainfall or agricultural activity.
Nitrate in drinking water at levels above 45 mg/L is a health risk for infants of less than six months of age. Such nitrate levels in drinking water can interfere with the
capacity of the infant's blood to carry oxygen, resulting in a serious illness; symptoms include shortness of breath and blueness of the skin. Nitrate levels above 45 mg/L
may also affect the ability of the blood to carry oxygen in other individuals, such as pregnant women and those with certain specific enzyme deficiencies. If you are
caring for an infant, you should ask advice from your health care provider.
75C-14
Imported water Groundwater
Parameter MCL (MCLG) Range Average 90th ~ of Sites g ~ Sites Typical Sourca of Contaminant
Percentile Above the Sampled
internal corrosion of household
plumbing systems; erosion of
Copper (ppm) AL=1.3 0.17 ND ND 0.2 0 53 natural deposits; leaching from
wood preservatives
Internal corrosion of household
plumbing systems; erosion of
Lead (ppb) AL=15 2 ND ND ND 0 53 natural deposits; discharges from
industrial manufacturers
Parameter MCL PHC' Imported water Groundwater or System
[MRDL] MCLG Typical Source of Contaminant
Volatile Organic Compounds [MRDLG] Range Average Range Average
Leaking underground gasoline
Methyl-tart-butyl-ether (MTBE) 13 13 ND ND ND ND storage tanks and pipelines;
(PPb) discharge from petroleum and
chemical factories
Disinfection By-Products, Disinfectant Residuals -Values are for the distribution system based on annual running average
Total Trihalomethanes (TTHM) By-product of drinking water
80 NA 36 - 66 46 ND - 67.1 16.3
(PPb) chlorination
Haloacitic Acids (Five) (ppb) 60 NA 7.9 - 34 22 ND - 23.0 4.8 By-product of drinking water
chlorination
Total Chlorine Residual m Drinking water disinfectant added
(pp ) [4] [4] 0.72 - 3.4 2.4 0.5 - 1.16 0.83
for treatment
75C-15
Secondary Standards -Aesthetic Standards (non-health related)
PHG Imported Water Groundwater Typical Souree of Contaminant
Peremster MCLG (MCLG
~ Range Average Range Average
Alum,num + Erosion of natural deposits; residual from ;
(ppb) ; 200 ) 600 ~ ND - 140 ~ 70 , ND - 110 6 11
c some surface water treatment processes j
I .
~ - I ~ Runoff/leaching from natural deposits;
Chloride (ppm) ~ 500 j NA ; 71 - 101 ! 86 j 18 1 144 49.99 ~
{ I seawater influence
_ ~ _ _.____.____w._.
Color (units) ~ 15 € NA € 1 2 ~ 2 ~ ND 3 0 42 i Naturally-occurring organic materials E
~ Non- ~ ~ ~ Natural or industrially-influenced balance of
Corrosivity (SI) , NA ! I Non- Non- I III
0 17 - 0 45 i 0 32 hydrogen, carbon and oxygen in the water;
~ ; corrosive , corrosive i corrosive
+ affected by temperature and other factors i
_ _ ~ . _ ____i
Foam,ng Agents (ppb) 500 NA ~ ND ND ~ ND ~ ~ ND Municipal and industrial waste discharges
Odor Threshold (units) 3 + NA ~ 2 i 2 ~ ND ~ ND ~ _ Natural occurring organic materials ,
Spec. Conductance (uS/cm) ~ 1600 ? NA II 603 - 893 ; 748 433 - 1 190 ; 671 46 ~ Substances that form ions when in water, 3
s seawater+nfluence
..____._.t. ~ _ It _ _._-m,
{ l ~M " Runoff/leaching from natural deposits,
Sulfate (ppm) 500 NA 96 - 179 137 , 44.2 - 143 ~ 85.97 i
, i ~ ~ ~ seawater influence
r _ - _ Y ~
} _ ,
Total Dssolved Solids (ppm) 1000 r NA _ I 348 519 ~ 453 ~ 246 786 ~ 412 72 ( Runoff/leaching from natural depostls
Turb+ddy (NTU) v 5 } NA ~ 0 03 0 07 { 0 05 + 0 1 2 ~ 0 41 ~ So+l runoff ,
_i_ 1_...-__. _.i..._. i-__.__._ _._._-J
75C-16
Unregulated Parameters That May Be Of Interest To Our Customers
PHG Imported Water Ground Water
Parameter MCL MCLG
( ~ Range Average Range Average
Alkalinity (ppm) NA NA 80 - 703 90 144 - 245 172.25
Boron (ppb) NA NL = 1000 130 - 170 150 ND - 0.22 0.01
Bromide (ppm) NS NS NR NR ND - 0.34 0.11
Calcium (ppm) NA NA 30 - 55 43 32.4 - 142 73.23
Chromium VI (ppb) NA NA 0.09 - 0.17 0.12 ND - 3.4 1.14
Total Hardness (ppm) NA NA 137 - 228 191 112 - 469 240.44
Total Hardness (Grains per gallon) NS NS B.0 - 13.3 11.2 6.5 - 27.4 14.1
Magnesium (ppm) NA NA 14 - 23 17 6.9 - 27.7 13.97
N-Nitrosodimethylamine (NDMA) (ppt) NA AL = 3 ND ND ND ND
pH (pH units) NA NA 8.1 - 8.4 8.2 7.9 - 8.3 8.16
Potassium (ppm) NA NA 3.1 - 4.3 3.8 1.3 - 3.7 2
Radon (pCiiL) NA NA ND ND 305 - 529 407.67
Sodium (ppm) NA NA 66 - 93 80 32.3 - 69.7 45.86
TOC (ppm) TT NA 1.8 - 2.9 2.2 ND - 0.39 0.11
Vanadium (ppb) NA AL = 50 ND - 4.1 3.3 ND - 6.2 1.15
Radon: Radon is a radioactive gas that you can't see, taste, or smell. It is found throughout the U.S. Radon can move through the ground and into a home through cracks
and holes in the foundation. Radon can build up in high levels in all types of homes. Radon can also get into indoor air when released from tap water from showering,
washing dishes, and other household activities. Compared to radon entering the home through soil, radon entering the home through tap water will in most cases be a small
source of radon in indoor air. Radon is a known human carcinogen. Breathing air containing radon can lead to lung cancer. Drinking water containing radon may also
cause increased risk of stomach cancer. If you are concerned about radon in your home, test the air in your home. Testing is inexpensive and easy. Fix your home if the
level of radon in your air is 4 picocuries per liter of air (pCi/L) or higher. There are simple ways to fix a radon problem that aren't too costly. For additional information, call
your State radon program or call EPA's Radon Hotline (1-800-SOS-RADON.)
75C-17
Additional Parameters That May Be Of Interest To Our Customers
PHG Imported Water Ground Water
Parameter MCL MCLG Typical Source of Contaminsnt
~ ( ~ Range Average Range Average
i Erosion of natural deposits; residual from
Perchlorate (ppb) NA NA i ND - 4.1 ND ND - 3.0 0.2
j some surface water treatment processes
1,4-Dioxane (ppb) NA NA I ND ND i ND ND r Runoff/leaching from natural deposits;
t
seawater influence '
_ _A _ _ _....1_ __.-1._ _ .
75C-18
} r~ LL 55r ~1 ~~1 f~
Additional abbreviations used below:
75C-19
Primary Standards -Mandatory Health-Related Standards
)_v_•-v-~~Y ~0~~ MCL ~G Imported Water Groundwater yp• gourceOt
T Ica!
Parameter (MCLG) Range Average Range Average CoMaminaM
)
Combined Filter Effluent
5 ' NA 0.31 - 3.2 i 0.89 NR NR i Soil runoff
Turbidity (NTU) ~ i I ~
t I i
. _ _ _ _ ~..__i.._._ ___-----___.L.~____ _..L_ ._-z~_.-~______L_.--~._
Turbidity: Is a measure of the cloudiness of the water It is monitored in our imported water source because it is a good indicator of the effectiveness of the filtration
system
MICROBIOLOGICAL PHG Imported Water Groundwater Typical Source of
Parameter MCL (MCLG) Range Averege Range Average Contaminant
Total Coliform Bacteria (a) NA NA ND - 12000 770 ND ND Naturally present in the
environment
RADIOLOGICALS
Gross Alpha activity (pCi/L) 15 0 NC NC ND - 9.49 2.94
Erosion of natural deposits
Natural Uranium (pCi/L) 20 0.43 2.9 - 3.7 3.3 ND - 8.79 3.66
Gross Beta Activity: Effective 6!11/2006, the gross beta particle activity MCL is 4 millirem/year annual dose equivalent to the total body or any internal organ. 50 pCi/L
is used as a screening level.
I INORGANIC CHEMICALS
_..~~_____._~-~T_________._.T._~~_._.~r ._~____-~_T_
1 j Erosion of natural deposits;
Arsenic (ppb) 10 0.004 # 2.6 - 3.2, 2 9 - 3.0 ~ ND - 4 9 0 42 runoff from orchards, glass
Highest RAA I € and electronics production
' f I E wastes I
_ j
I ~ Oil and metal refineries
Barium (ppb) 1000 2000 j 105 - 129 ~ 117 ! ND 171 ~ 21.15 discharges; natural deposits
r ~ erosion '
w
Fluoride (ppm) ~ i Erosion of natural deposits;
(naturally occurring) - 2 - 1 0.2 - 0.4 ~ 0.3 0.15 0 48 ~ 0.32 discharge from fertilizer and ~
~ ~ ~ aluminum factories
Fluoride (PPm) '
- NA ' Water additive for dental
(Treatment related) (a) ~ 1 0.6 10 0.8 ~ NA ~ I health
_ y , - _ _ j.-_ _
Nitrate (as N03 ppm) 45 45 NC NC ND 30 50 10 48 Runoff and leaching from ~
- _.-____,r. -i} _ fertilzer use: leaching from 11
Nitrate and Nitrite (as N ~ 10 10 NC ~ NC , ND 6.89 2.37 septic tanks and sewage; 1
.PPm) J _ ~ i i erosion of natural deposits
T"
-.._d.-.....~.__ _ .
a ~ i Refineries, mines, and
Selenium (ppb) 50 i I I
i (50) ND ND I NR NR chemical waste discharges;
i t
- -~..~~____..r.. runoff ;
fall or agricultural activity.
NP
ate! m drDking waOter at evels above 45 mg/ALRsDaNhealthRSk for nlfantslof elss tthanes zgmonthsfof age Sucenitratemevels m deinkin ins _ ~
g water can interfere with the
capacity of the infant's blood to carry oxygen, resulting in a serious illness; symptoms include shortness of breath and blueness of the skin. Nitrate levels above 45 mg/L
may also affect the ability of the blood to carry oxygen in other individuals, such as pregnant women and those with certain specific enzyme deficiencies. If you are
caring for an infant, you should ask advice from your health care provider.
75C-20
Imported water Groundwater
Parameter MCL PHG 90th ~ ~ Srtes R of Sites Typical Source of Contaminant
(MCLG) Range Average the
Percentile Sampled
internal corrosion of household
Copper (ppm) AL=1.3 0.3 ND ND 0.2 0 53 plumbing systems; erosion of
natural deposits; leaching from
wood preservatives
Internal corrosion of household
Lead (ppb) AL=15 2 ND ND ND 0 53 plumbing systems; erosion of
natural deposits; discharges from
industrial manufacturers
Parameter MCL PHG Imported water Groundwater or System
[MRDL] MCLG Typical Source of Contaminant
Volatile Organic Compounds [MROLG] Range Average Range Average
Leaking underground gasoline
Methyl-tart-butyl-ether (MTBE) 5 13 ND ND ND ND storage tanks and pipelines;
(PPb) discharge from petroleum and
chemical factories
Disinfection By-Products, Disinfectant Residuals -Values are for the distribution system based on annual running average
Total Trihalomethanes (TTHM) 80 NA c ND - 55.3 15 By-product of drinking water
(PPb) ( ) (d) chlorination
Haloacitic Acids (Five) (ppb) 60 NA (c l ND - 20.9 4 2 By-product of drinking water
(d) chlorination
Total Chlorine Residual (ppm) [4] [4] 0.72 - 3.4 2.4 0.67 - 0.97 0.76 Drinking water disinfectant added
for treatment
75C-21
Secondary Standards -Aesthetic Standards (non-health related)
PHG Imported Water Groundwater
- ParameterY ~ MCLG MCLG Typical Source of Contaminant
~ ~ Range Average Range Average
(Pp ) 18.20 - Runoff/leaching from natural deposits;
Chloride m f 500 i NA NC NC ' 52.05
144.00 ~ - seawater influence !
-f- _ -s..._..._-- _ i
Color (units) { 15 ~ NA ; NC NC i ND - 12 00 ~ 0 53 Naturally-occurring organic materials
_.l_~,~_ i _ _
Natural or industrially-influenced balance of i
Corrosivity (Sq ~ Non NA - NC NC Non ; Non hydrogen, carbon and oxygen in the water;
corrosive corrosive corrosive
, ~ affected by temperature and other factors
I
Iron (ppb) j 300 NA ND ND ~ ND - 348.00 ~ 5.8 ~ Municipal and industrial waste discharges
Foaming Agents (ppb) 500 i~,~_, NA j NC NC ~ ND ND - Municipal and industral waste discharges
Odor Threshold (units) 3 ~ NA ~ 2 ~ 2 ~ ND ~ ND Natural occurring organic materials
_ - - _ - c- _ .
- _..~....~___._..__e_.~_
Spec. Conductance (uS/cm) 1600 NA ~ NC NC E 452.00 ( 685 01 Substances that form ions when in water,
E
1190 00 ~ seawater influence
_ ,___.-___t
Sulfate (ppm) ~ 500 NA NC NC i 47.40 ~ 89 6 Runoff/leaching from natural deposits,
I ~ I 137.00 t seawater influence
Total Dissolved Solids m ~ 1000 NA NC NC 258.00 - 7
(Pp ) ~ 414 6 Runoff/leaching from natural deposits ,
Turbidity (NTU) I 5 ~ NA 0 31 3 2 0 89 I ND - 3 30 0 26 ~ Soil runoff I
--.1 _ s _ _ _ __._...w. I
75C-22
Unregulated Parameters That May Be Of Interest To Our Customers
PHG Imported Water Ground Water
Parameter MCL MCLG
( ) Range Average Range Average
Alkalinity %ppm) NA NA 106 - 135 116 140.00 - 242.00 170.13
Boron (ppbj NA NL = 1000 NC NC ND - 0.19 0.02
Bromide (ppm) NS NS NC NC ND - 0.34 0.1
Calcium Ippm) NA NA NC NC 34.90 - 142.00 74.84
Chromium VI (ppb) NA NA 0.07 - 0.27 0.19 ND - 3.40 1.05
Total Hardness (ppm) NA NA NC NC 115.00 - 469.00 247.78
Total Hardness !Grains per gallon) NS NS NC NC 6.7 - 27.0 14.5
Magnesium (ppm) NA NA NC NC 6.90 - 27.70 14.8
N-Nitrosodimethylamine (NDMA) (ppt) NA AL = 3 ND ND ND ND
pH (pH units) NA NA 8.0 - 8.4 8.3 7.50 - 8.30 8.05 ~
Potassium (ppm) NA NA NC NC 1.10 - 3.70 2.02
Radon IpCi/L) NA NA NC NC 252.00 - 529.00 371.25
Sodium fppm) NA NA NC NC 31,80 - 63.70 45.78
TOC (ppm) TT NA 2.2 - 3.1 2.7 ND - 0.51 0.12
Vanadium (ppb) NA AL = 50 3.5 - 4.0 3.7 ND - 6.20 1.04
Radon: Radon is a radioactive gas that you can't see, taste, or smell. It is found throughout the U.S. Radon can move through the ground and into a home through cracks
and holes in the foundation. Radon can build up in high levels in all types of homes. Radon can also get into indoor air when released from tap water from showering,
washing dishes, and other household activities. Compared to radon entering the home through soil, radon entering the home through tap water will in most cases be a small
source of radon in indoor air. Radon is a known human carcinogen. Breathing air containing radon can lead to lung cancer. Drinking water containing radon may also
cause increased risk of stomach cancer. If you are concerned about radon in your home, test the air in your home. Testing is inexpensive and easy. Fix your home if the
level of radon in your air is 4 picocuries per liter of air (pCi/L) or higher. There are simple ways to fix a radon problem that aren't too costly. For additional information, call
your State radon program (1-800-745-7236) or call EPA's Radon Hotline (1-800-SOS-RADON.)
75C-23
Additional Parameters That May Be Of Interest To Our Customers
i...__.._._._~..____. PHG Imported Water Ground Water
Parameter MCL Typical Source of Contaminant
(MCLG) Range Average Range Average
t._-___,,....__.. _-~_....e .
i ~
1,4-Dioxane (ppb) NA NA NC ~ NC ND ND Runoff/leaching from natural deposits; ~
i seawater influence
75C-24
~ ~
A.y,. _ [ ! J .C Ste.
Additional abbreviations used below:
•
75C-25
Primary Standards -Mandatory Health-Related Standards
r___~__..____.__ ~.V.d.__
CLARITY PHG Imported Water Groundwater Typical Source Of
MCL
Parameter w~ (MCLG) Range Average Range Average Contaminant
Combined Filter Effluent i
0.3 NA Highest I 0.06 NR NR Soil runoff
Turbidity (NTU)
_ t . {
t
Combined F£Iter Effluent i ~ ) ! ~ ~
Turbidity 95(a) £ NA ~ % <0.3 100 NR NR Soil runoff
_._.__..__1. ....~,_,.__.._...._.__.._~___.._._....._.__L. _._..___.____L__._._ -_--._.~~W__~__._._ i
Turbidity: Is a measure of the cloudiness of the water It is monitored in our imported water source because it is a good indicator of the effectiveness of the filtration
system
MICROBIOLOGICAL PHG Imported Water Groundwater Typical Source of
MCL
Parameter (MCLG) Range Average Range Average Contaminant
Naturally present in the
Total Coliform Bacteria (b) NA NA ND - 0.2 0 ND ND
environment
RADIOLOGICALS
Gross Alpha activity (pCi/L) 15 0 ND - 9.3 5.4 ND - 9.49 3.02
Erosion of natural deposits
Natural Uranium (pCi/L) Zp 0.43 2.4 - 3.7 3.1 ND - 8.79 3.68
r...__~.._.~,..__...v
i INORGANIC CHEMICALS
t
~ Erosion of natural deposits;
Arsenic (ppb) 10 0.004 ~ ND - 2.6 ! 2.2 - 2.3 i ND 2 9 £ 0.38 runoff from orchards, glass
~ Highest RAA ~ p ~ and electronics production
- ~ I 's wastes ~
_ _....1 _ ,
{___.__~__.~__._.e
£ Od and metal refineries
i
Barium (ppb) 1000 2000 ! 110 - 140 ~ 125 ~ ND - 153 t 19.4 discharges; natural deposits$
' t £ erosion
Fluoride (ppm) i ~ i ~ Erosion of natural deposits
(naturally occurring) 2 1 0.2 0 4 0.3 , 0.17 - 0 48 0 33 discharge from fertilizer and ~
i aluminum factories
~TreatmenPPmelated~ ,_-_.~,.c) 0 7 1 3 8....... ~ NA ^_..._NA.._. ealth additive for dental„ y
!
Nitrate (as NO3 ppm) 45 i 45 NC ~ NC ~ ND 38.00 3 10.59 ; Runoff and leaching from
r _ _ £ fer lizeruse eac ' {
.~...._-______--°4...,-..,_.._........._...- ._y ti , I hing from
Nitrate and Nitrite (as N I - septic tanks and sewa e;
ppm) 10 I 10 I NC j NC ND 8 59 2 39 g
t _ erosion of natural deposits '
I
~.5._`.
~ ~ Refineries, mines, and
Selenium (ppb) 50 (50) ND ND NR NR chemical waste discharges;
{
runoff ~
. _ . ~ _ _ . w__,-.._
SPECIAL EDUCATIONAL STATEMENT REGARDING NITRATE: Nitrate levels may rise quickly for short periods of time because of rainfall or agricultural activity.
Nitrate in drinking water at levels above 45 mg/L is a health risk for infants of less than six months of age. Such nitrate levels in drinking water can interfere with the
: capacity of the infant's blood to carry oxygen, resulting in a serious illness; symptoms include shortness of breath and blueness of the skin. Nitrate levels above 45 mg/L
may also affect the ability of the blood to carry oxygen in other individuals, such as pregnant women and those with certain specific enzyme deficiencies. If you are
caring for an infant, you should ask advice from your health care provider.
75C-26
Imported water Groundwater
Parameter MCL (MCLG) Range Average 90th ~ of Sites M of SRea Typical Source Of Contaminant
Percentile Above the Sampled
internal corrosion of household
plumbing systems; erosion of
Copper (ppm) AL=1.3 0.3 ND ND 0.19 0 119
natural deposits; leaching from
wood preservatives
Internal corrosion of household
lumbin s stems; erosion of
Lead (ppb) AL=0.015 0.2 ND ND ND 0 119 natural deposits; discharges from
industrial manufacturers
Parameter MCL PHG Imported water Groundwater or System
[MRDL] MCLG Typical Source of Contaminant
Volatile Organic Compounds [MRDLG] Range Average Range Average
Leaking underground gasoline
Methyl-tert-butyl-ether (MTBE) 5 13 ND ND ND ND storage tanks and pipelines;
(ppb) discharge from petroleum and
chemical factories
Disinfection By-Products, Disinfectant Residuals -Values are for the distribution system based on annual running average
Total Trihalomethanes (TTHM) 60 NA ND - 76.7 By-product of drinking water
(PPb) (c) (d) 13.1 disinfection
Haloacitic Acids (Five) (ppb) 60 NA (c) ND - 32.5 3 9 By-product of drinking water
(d) disinfection '
Total Chlorine Residual (ppm) [4] [4] 0.72 - 3.4 2.4 0.45 - 0.97 0.65 Drinking water disinfectant added
for treatment
75C-27
Secondary Standards -Aesthetic Standards (non-health related)
~ PHG Imported Water Groundwater
Parameter MCLG MCLG Typical Source of ComaminaM
~ 1 Range Average Range Average
18.20 - I Runoff/leaching from natural deposits;
Chloride (ppm) 500 NA NC NC 108.00 ! 49 16 ~ seawater influence
Color (units) 15 NA NC NC ND - 12 00 ~ 0 35 ~ Naturally-occurring organic materials
r . . _ . _ ~ __e__ - ~ _ _t_. . - _ . } . _ _ _ ~ ~
4 0.22 - 0.41 0.33 Non ~ Non Natural or industrially-influenced balance of ~
Corrosroity (SI) NA NA ! Non- Non- ! hydrogen, carbon and oxygen in the water;
~ corrosive corrosive
corrosive corrosive j i affected by temperatwe and other factors
f__._-._ ......t r...___.__
i ~ r
Iron (ppb) = 300 NA ND ND ND - 348.00 ~ 5.8 Municipal and industrial waste discharges
I
_ _ ~ t _ __.___-_____.__..__~-______a
Foaming Agents (ppb) j 500 ~ NA NC NC ~ ND 0 03 ND Municipal and industrial waste discharges ~
_ _ _ _ t _t - _..~.-~_________.__--f
Odor Threshold (units) ! 3 7 NA ~ 2 2 ND ~ ND Natural occurring organic materials
452.00 - Substances that form ions when in water,
' Spec. Conductance (uS/cm) ; 1600 NA NC NC i 665 43
i ~ 1050 00 ! seawater influence j
' ( 47.40 - ~ Runoff/leaching from natural deposits,
Sulfate (ppm) i 500 NA , NC NC 88 4 G
1{ ~ , 137 00 seawater influence !
Total Dissolved Solids (ppm) 1 1000 ~ NA NC ~ NC i 258.00 - ~ 400 85 Runoff/leaching from natural depostls
Turbidity (NTU) ~ 5 f NA z 0 31 - 3.2 0.89 ~ ND - 3.30 0 28 ~ Soil runoff
i.-_ ~ ~ t
75C-28
Unregulated Parameters That May Be Of Interest To Our Customers
PHG Imported Water Ground Water
Parameter MCL (MCLG
~ Range Average Range Average
Alkalinity (ppm) NA NA 106 - 135 116 140.00 - 237.00 767.53
Bicarbonate (as HC03) NA NA NC NC 171.00 - 289.00 204.15
Boron (ppb) NA NL = 1000 120 - 140 130 ND - 0.19 0.02
Bromide (ppm) NS NS NC NC ND - 0.21 0.09
Calcium (ppm) NA NA NC NC 34.90 - 135.00 73.16
Carbonate (as CAC03) NA NA NC NC ND - 2.40 O.t2
Carbonate (as C03) NA NA NC NC ND - 1.40 0.07
Chromium VI (ppb) NA NA 0.07 - 0.27 0.19 ND - 3.40 1.08
Total Hardness (ppm) NA NA NC NC t t 5.00 - 436.00 241.88
Total Hardness (Grains per gallon) NS NS NC NC 6.7 - 25.5 14.1
Magnesium (ppm) NA NA NC NC 6.90 - 26.90 14.4
N-Niirosodimethylamine (NDMA) (ppt) NA AL = 3 ND ND ND ND
pH (pH units) NA NA 8.0 - 8.4 8.3 7.50 - 8.30 8.03
Potassium (ppmj NA NA NC NC 1.10 - 3.70 1.98
Radon (pCi/L) NA NA NC NC 256.00 - 529.00 368.71
Sodium ;ppm) NA NA NC NC 31.80 - 63.70 45.48
TOC (ppmi TT NA 2.2 - 3.1 2.7 ND - 0.57 0.11
Vanadium (ppb) NA AL = 50 3.5 - 4.0 3.7 ND - 6.20 1.04
Radon: Radon is a radioactive gas that you can't see, taste, or smell. It is found throughout the U.S. Radon can move through the ground and into a home through cracks
and holes in the foundation. Radon can build up in high levels in all types of homes. Radon can also get into indoor air when released from tap water from showering,
washing dishes, and other household activities. Compared to radon entering the home through soil, radon entering the home through tap water will in most cases be a small
source of radon in indoor air. Radon is a known human carcinogen. Breathing air containing radon can lead to lung cancer. Drinking water containing radon may also
cause increased risk of stomach cancer. 11 you are concerned about radon in your home, test the air in your home. Testing is inexpensive and easy. Fix your home if the
level of radon in your air is 4 picocuries per liter of air (pCi/L) or higher. There are simple ways to fix a radon problem that aren't too costly. For additional information, call
your State radon program (1-800-745-7236), the EPA Sate Drinking Water Act Hotline (1-800-426-4791), or the National Safe Council Radon Hotline (1-800-SOS-RADON.)
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Additional Parameters That May Be Of Interest To Our Customers
f_______..____._._ PHG Imported Water Ground Water
Parameter MCL MCLG Typical Source of Contaminem
~ ) Range Average Range Average
1,4-Dioxane (ppb) ' NA NA NC NC ND " ND ~ Runofl/leaching from natural deposits; j
I ~ i seawater mfluence
75C-30