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HomeMy WebLinkAbout FULL PACKET_2011-10-17MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA OCTOBER 3, 2011 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:10 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern (5:17 P.M.) P. DAVID BENAVIDES (5:12 p.m.) CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F, SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS - None COUNCIL RECESSED to Room 147 for Closed Session discussion. CLOSED SESSION ITEMS 1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Wausau Underwriters Insurance Company v. City of Santa Ana Orange County Case No. 30-2010-00422677 CITY COUNCIL MINUTES OCTOBER 3, 2011 1 0A-1 1B 1C CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organizations: Santa Ana Police Officers Association (POA) Santa Ana Police Management Association (PMA) Santa Ana Firemen's Benevolent Association (FBA) Santa Ana Fire Management Association (FMA) Service Employees' International Union (SEIU) Full-Time Employees Service Employees' International Union (SEIU) Part-time Civil Service Employees Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) Agency Negotiator: Interim City Manager, Paul M. Walters Employee Organizations: Executive Management (EM) PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Attorney CLOSED SESSION REPORT - See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 5:58 P.M. AND CONVENED TO THE ADJOURNED REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 OCTOBER 3, 2011 1 0A-2 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:06 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO Roger Aragon, Police Chaplain SPECIAL WELCOME to Dr. Thelma Melendez de Santa Ana, Superintendent of the Santa Ana Unified School District. CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Assemblyman Jose Solorio for his fundraising efforts for the Diamond Park Water District. CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO to David Hockney for donating books to the Santa Ana Library and to Don Cribb for facilitating the donation. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBERS BENAVIDES and BUSTAMANTE to the Independence Day Committee for their efforts in organizing a successful Fourth of July celebration at Centennial Park on July 3, 2011. CITY COUNCIL MINUTES 3 OCTOBER 3, 2011 1 0A-3 CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to Townsend Raitt Street Fiesta and Resource Fair Community Organizers - Ava Steaffens-Kidworks; Fr. Ed Poettgen and Enrique Soria - Immaculate Heart of Mary Church; Claire Braeburn-America on Track; Gloria Giraldo and Enrique Olivares-Santa Ana Building Healthy Communities; Barry Cottle-C&C Development; Eunice Bobert - Orange Housing Development Corporation; Supervisor Janet Nguyen-Orange County Board of Supervisors, America Bracho-Latino Health Access; and Reverend Joel Solis- United Methodist Church. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to Efrain Peraza and Alexis Rocha from the TKO Boxing Club for winning the 2011 Ringside World Championship in Kansas City Missouri on August 20, 2011. PROCLAMATION presented by COUNCILMEMBER MARTINEZ to Chris Leo from St. Joseph Hospital recognizing Childhood Obesity Awareness Month. PROCLAMATION presented by COUNCILMEMBER MARTINEZ to Eddie Marquez with the Hispanic Chamber of Commerce, recognizing Hispanic Heritage Month. CLOSED SESSION REPORT - See Item 19A. PUBLIC COMMENT • Raymond Rangel, was one of the original board members of Downtown Inc.; assessment fee high and receiving no benefit; understood that Board would promote 4th Street merchants, but thus far focused on Artist Village and restaurants; no security provided to other type of merchants; concerned with salary amounts paid with assessment; no longer sponsoring Cinco de Mayo event or 16th of September; thanked Mayor Pro Tern Alvarez for assistance in dealing with said issue. • Alex Vega, opined that Measure D applies to elected officials, not residents; recently held event at Arte Cultural de Mexico on Sycamore between 4th and 5th Streets that was well attended. • Claudia Arellanes, noted that her business no longer part of PBID, but continues to support effort to disestablish; proposed budget by Downtown Inc. on the Agenda for consideration by the City Council not adequate for a non-profit organization; board still has not diversified; concerned with line item budget submitted; urged City Council to request more thorough budget and also disestablish PBID. • Fina Chavez, thanked Mayor Pro Tern Alvarez for support to protect businesses forced to pay PBID assessment; supports disestablishment; believes that assessment benefitting business owners, but not property owners; requested a re- vote. • Nina Jun, no longer within PBID boundary, but philosophically opposed to assessment; noted that Downtown Inc. needs to diversify Board; dissatisfied with CITY COUNCIL MINUTES 4 OCTOBER 3, 2011 1 0A-4 budget submitted by Downtown Inc. noted that salaries raised even with reduced boundaries; commented on board member selection/election process. • Ralph Allen, thanked property owners in support of disestablishment; urged Council to re-vote the matter with no City participation. • Dulce Saavedra, representative of the Building Healthy Communities Committee, commented on Agenda Item 25K, supports the initiative and believes it will help the uninsured. • Roy Alvarado, commented on City's budget situation; concerned with development of high density units and general City policy. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 25F with the following modifications: • Mayor Pro Tern Alvarez voted "No" on item 19C. • Mayor Pro Tern Alvarez pulled item 19E for separate discussion (Mayor Pulido and Councilmember Sarmiento abstaining on said item. • Councilmember Martinez pulled items 20B, 22B, 25D, and 25E for separate discussion. • Mayor Pulido pulled Item 19F for comment by Interim City Manager. MOTION: Tinajero SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Items removed for-separate . action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent motion. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE REGULAR MEETING OF SEPTEMBER 19, 2011 - Clerk of the Council Office MOTION: Approve Minutes. CITY COUNCIL MINUTES 5 OCTOBER 3, 2011 1 0A-5 10B MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF SEPTEMBER 26, 2011 - Clerk of the Council Office MOTION: Approve Minutes. NOTICE OF PUBLIC HEARINGS 12A NOTICE OF INTENT TO VACATE UNUSED PORTION OF CYPRESS AVENUE SOUTH OF MCFADDEN AVENUE, ABANDONMENT NO. 10- 02 - Public Works Agency Recommended Action approved by the Planning Commission on September 12, 2011 by a 7-0 vote. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2011-064 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF THE STREET AT 1114 SOUTH CYPRESS AVENUE, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED (ABANDONMENT NO. 2010-02) 2. Set a public hearing for November 7, 2011. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - Nothing to report. 19B EXCUSED ABSENCES - Clerk of the Council Office MOTION: Excuse the absence of Councilmember Bustamante from the Special Closed Session meeting held on September 26, 2011. 19C DESTRUCTION OF OBSOLETE CITY RECORDS - City Manager's Office and Personnel Services Agency MOTION: 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. CITY COUNCIL MINUTES 6 OCTOBER 3, 2011 1 0A-6 `Mayor Pro Tern Alvarez voted "No" on Item 19C. 19D APPOINTMENT OF LABOR REPRESENTATIVE TO THE SANTA ANA WORKFORCE INVESTMENT BOARD - Community Development Agency MOTION: Appoint Glibert Davila, Director of Organizing for the United Food and Commercial Workers, as a labor representative on the Santa Ana Workforce Investment Board. 19E DOWNTOWN SANTA ANA COMMUNITY . MANAGEMENT DISTRICT ANNUAL REPORT- Community Development Agency Mayor Pro Tern Alvarez opined that Board not diverse; Board represents some businesses, but not equal; transparency continues to be a problem; budget report inadequate. Downtown Inc. representatives presented Annual Report; noted that selection of Board members takes place in April; in November will host General Meeting and invited all to attend MOTION: Approve the 2010-2011 Downtown Santa Ana Community Management District annual report submitted by Downtown Inc. SUBSTITUTE MOTION: Receive and file. MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Tinajero (5) NOES: None (0) ABSTAINED Pulido, Sarmiento (2) AND NOT PRESENT: ABSENT: None (0) 19F CITY MANAGER ;BUDGET STABILIZATION PLAN WEEKLY UPDATE City Manager's Office Mayor Pulido pulled the item for presentation. Interim City Manager Walters recapped City efforts to stabilize budget. CITY COUNCIL MINUTES OCTOBER 3, 2011 1 0A-7 MOTION: Receive and file. MOTION: Benavides SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A CONTRACT AWARD FOR MCFADDEN TRIANGLE HABITAT RESTORATION (GRANT FUNDED) (PROJECT NO. 086019) - Public Works Agency and Parks, Recreation, and Community Services Agency MOTION; 1. Award a contract to STL Landscape, the lowest responsible bidder, in accordance with unit bid prices for the base bid plus add-on Alternate Two in the estimated amount of $111,500, for construction of the McFadden Triangle Habitat Restoration. 2. Approve a funding analysis with a total estimated construction cost of $149,870. 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012-061 - Recognizing $16,265 in the Parks District 4 A & D Fund Account for the McFadden Triangle Habitat Restoration 20B - MEASURE M2 ENVIRONMENTAL CLEANUP WATER QUALITY PROGRAM (GRANT FUNDED) - Public Works Agency Councilmember Martinez thanked OCTA, Mayor Pulido, and Public Works staff for efforts to bring project forward. CITY COUNCIL MINUTES 8 OCTOBER 3, 2011 1 0A-8 MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012-065 - Accepting funds in the amount of $200,000 into the Measure M2 Street Construction Revenue Fund for competitive grants and appropriating $200,000 to the Measure M2 Street Construction Expense Fund for Improvements Other Than Buildings. MOTION: Martinez SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES 22A SPEC. NOS. 08-044 AND 11-051 - AMENDMENT AND RENEWAL FOR DIESEL FUEL - Finance & Management Services MOTION: 1. Amend the contract with SC Fuels for diesel fuel by $50,000 for a total amount not to exceed $300,000. 2. Award a contract with SC Fuels for the purchase of diesel fuel, petroleum products and biodiesel for a one-year period with provision for four one-year renewals in an annual amount not to exceed $325,000. 22B' SPEC. NO. 11-047 ARMORED VEHICLES - Finance & Management Services Interim City Manager Walters noted that the Cities of Santa Ana and Anaheim are lead agency in this Countywide program; vehicles benefit the County. MOTION: Award a contract to Lenco Industries Inc. in an amount not to exceed $594,695, funded by the Urban Areas Security Initiative (UASI) funding program (Police Department). CITY COUNCIL MINUTES 9 OCTOBER 3, 2011 1 0A-9 MOTION: Martinez VOTE: AYES: SECOND: Alvarez Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) PROJECTS/CHANGE ORDERS 23A CONTRACT AWARD FOR FAIRVIEW TRIANGLE HABITAT RESTORATION (PROJECT NO. 086028) - Public Works Agency and Parks, Recreation, & Community Services Agency MOTION: 1. Award a contract to ACE CD, Inc., the lowest responsible bidder, in accordance with unit bid prices for the base bid in an estimated amount of $93,207.50 (grant funded) for construction of the Fairview Triangle Habitat Restoration. 2. Approve a funding analysis with a total estimated construction cost of $123,780. 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 and/or actions as noted on the Request for Council Action report. (Item 25A through 25C and 25F) 25A AGMT NO. 2011-227 - EMPLOYEE GROUP INSURANCE RENEWALS - Prepare and authorize execution of agreements for long term disability, medical, dental, vision, employee assistance, employee group life and accidental death and dismemberment insurance - Personnel Services Agency CITY COUNCIL MINUTES 10 OCTOBER 3, 2011 1 0A-10 25B AGMT NO. 2011-228 - INMATE MEDICAL SERVICES - Execute an amendment with Correctional Managed Care Medical Corporation in an annual amount not to exceed $1,313,075 - Police Department 25C AGMT NO. 2011-229 - ANNUAL WEED AND DEBRIS REMOVAL SERVICES - With Naranjo Landscape, Inc., in an amount not to exceed $184,500 for a one-year period with provision for three one-year renewals - Public Works Agency and Community Development Agency 25D AGMT: NO. 2011-230 PROVIDE A DISCOUNT PHARMACY, CA_ RD PROGRAM'- Parks, Recreation & Community Services Agency Parks, Recreation and Community Services Executive Director Gerardo Mouet commented that funds generated will subsidize classes offered through Parks and Recreation. MOTION: Authorize the City Manager and Clerk of the Council to execute the an agreement with Informed Rx for a two-year period, subject to non-substantive changes approved by the City Manager and City Attorney. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25E JOINT USE AND REIMBURSEMENT OF CONSTRUCTION COSTS FOR WILLARD INTERMEDIATE (GRANT FUNDED) '4 Parks, Recreation ;& Community Services Agency Parks, Recreation and Community Services Executive Director Gerardo Mouet provided status of project; groundbreaking tentatively scheduled for June, 2012. Council recognized that project and community to benefit from collaborative efforts between City and school district. 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. CITY COUNCIL MINUTES 11 OCTOBER 3, 2011 1 0A-11 AGMT NO. 2011-231 - Authorize the City Manager and Clerk of the Council to terminate the existing Joint Use agreement and execute a new Joint Use agreement with the Santa Ana Unified School District for Willard Intermediate School for a 30-year term, with the option for two 10-year renewals. AGMT NO. 2011-232 - Execute a Reimbursement of Construction Cost agreement with the Santa Ana Unified School District for park improvements at Willard Intermediate School in the amount of $4.4 million. MOTION: Martinez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25F AGMT NO. 2011-233 - ONE-STOP OPERATOR FOR PROGRAM YEAR 2011-2012 - Execute an extension of the One-Stop Operator Memorandum of Understanding with the Santa Ana W/O/R/K Center as the comprehensive One-Stop Operator for Program Year 2011-2012 - Community Development Agency **END OF CONSENT CALENDAR** BUSINESS CALENDAR ITEMS ADMINISTRATIVE MATTERS - BUSINESS 60A REAPPROVAL OF CITY COUNCIL APPOINTMENTS TO OUTSIDE BOARDS - Clerk of the Council Office MOTION: Re-approval of appointments to serve on outside boards by the City Council for which compensation or a stipend is provided. 1. Appoint Claudia Alvarez to the Newport Bay Watershed Executive Board as the City's Representative. CITY COUNCIL MINUTES 12 OCTOBER 3, 2011 1 0A-12 MOTION: Martinez SECOND: Benavides VOTE: AYES: Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: Alvarez (1) ABSENT: None (0) 2. Appoint D avid Benavides to the OC Sanitation District as the City's Alternate. MOTION: Martinez SECOND: Alvarez VOTE: AYES: Alvarez Bustamante M i , artmez, PUIUO, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: Benavides (1) ABSENT: None (0) 3. Appoint Sal Tinajero to the OC Sanitation District as the City's Representative. MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento (6) NOES: None (0) ABSTAIN: Tinajero (1) ABSENT: None (0) 4. Appoint Claudia Alvarez to the OC Water District as the City's Representative. MOTION: Martinez SECOND: Benavides VOTE: AYES: Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (6) CITY COUNCIL MINUTES 13 OCTOBER 3, 2011 1 0A-13 NOES: None (0) ABSTAIN: Alvarez (1) ABSENT: None (0) 5. Appoint Michele Martinez to the Southern California Association of Governments as the City's Representative. MOTION: Benavides SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: Martinez (1) ABSENT: None (0) 6. Appoint Vincent Sarmiento to the Transportation Corridor Agencies (TCA) as the City's Representative. MOTION: Martinez SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Tinajero (6) NOES: None (0) ABSTAIN: Sarmiento (1) ABSENT: None (0) 7. Appoint Carlos Bustamante to the Transportation Corridor Agencies (TCA) as the City's Alternate. MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) NOES: None (0) CITY COUNCIL MINUTES 14 OCTOBER 3, 2011 1 0A-14 ABSTAIN: ABSENT: PUBLIC HEARINGS Bustamante (1) None (0) 75A PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 514-516 NORTH BRISTOL STREET (APN 405-065-19) (PROJECT 081700) - Public Works Agency Notice of Hearing letter mailed to property owner on September 14, 2011. The Mayor opened the Public Hearing. There were no speakers and the Hearing closed. MOTION: Adopt a resolution. (Requires five affirmative votes) RESOLUTION NO. 2011-065 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 514-516 N. BRISTOL STREET (APN 405-065-19) MOTION: Martinez SECOND: Bustamante VOTE: AYES: NOES: ABSTAIN: ABSENT: Alvarez, Bustamante, Sarmiento, Tinajero (6) None (0) None (0) Benavides (1) Martinez, Pulido, 75B PUBLIC HEARING - RESOLUTION AUTHORIZING CONDEMNATION OF REAL PROPERTY AT 704 NORTH BRISTOL STREET (APN 405-074- 19) - Public Works Agency Notice of Hearing letter mailed to property owner on September 14, 2011. The Mayor opened the Public Hearing. There were no speakers and the Hearing closed. MOTION: Adopt a resolution. (Requires five affirmative votes) CITY COUNCIL MINUTES 15 OCTOBER 3, 2011 1 0A-15 RESOLUTION NO. 2011-066 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 704 N. BRISTOL STREET (APN 405-074-19) MOTION: Alvarez SECOND: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: Alvarez, Bustamante, Sarmiento, Tinajero (6) None (0) None (0) Benavides (1) Martinez, Pulido, COUNCIL RECESSED AT 8:31 P.M. TO THE COMMUNITY REDEVELOPMENT AGENCY, FOLLOWED BY THE SANTA ANA HOUSINGAUTHORITY MEETING; THE CITY COUNCIL MEETING RECONVENED AT 8:32 P.M. WITH SAME MEMBERS PRESENT. *Mayor Pulido and Councilmember Sarmiento declared conflicts of interests on Item 85A and abstained. Pulido has a business interests, and Sarmiento has clients that reside in the area; they left the meeting at 8:33 p.m. and did not return. Mayor Pro Tern Alvarez assumed the Chair and presided over the meeting. COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A RESOLUTION OF INTENT TO SET PUBLIC HEARING DATE - DISESTABLISH THE COMMUNITY MANAGEMENT DISTRICT (CMD) - Mayor Pro Tern Alvarez Continued from the August 24, 2011 and September 19, 2011, City Council Meetings. Mayor Pro Tern Alvarez noted that she is trying to find resolution to situation; commented on substandard budget submitted by Downtown Inc. that only includes one page of figures; noted that petition received by the CITY COUNCIL MINUTES 16 OCTOBER 3, 2011 1 0A-16 City includes 59 signatures of property owners requesting disestablishment; and requested a re-vote on PBID. Proposed that an advisory election be placed for a vote and if approved a redo of PBID be done. Councilmember Martinez questioned liabilities to the City, direct cost of conducting an advisory vote, and whether the City has the ability to conduct such an election. Mayor Pro Tern Alvarez requested a legal opinion on ability to consider said matter. Mayor Pro Tern Alvarez requested Agenda Item be brought back to the next City Council meeting. COMMENTS 90A CITY MANAGER'S COMMENTS - Nothing to report. 90B CITY COUNCILMEMBER COMMENTS Councilmember Martinez- • Attended recent event for Gregorio Luque; impressed with presentation; • Commented on general consensus needed by a majority of the City Council to move items forward; and • Appreciate employees and their dedication, especially with City budget situation; thanked unions for coming to the table; asked that executives lead by example when it comes to raises. Councilmember Bustamante: • Clarified executive's salary forfeits over the years; and • Wished all a safe and Happy Halloween. Councilmember Benavides: • Commented on various ways the City has taken to resolve budget situation; encouraged all to stay engaged; thanked employees for concessions made to date; • Held Art Walk over the weekend that was a great success; and • Congratulated Latino Health Access on Grand Opening for new location on Ross and 4th Street and invited all to attend on Thursda October 6th y' Councilmember Tinajero: • Congratulated Ronny Rios, and to Luis Ramos for 20th undefeated boxing championship; and • Congratulated the Little Leagues that are holding votes to make the college teams and for their efforts in promoting education. CITY COUNCIL MINUTES 17 OCTOBER 3, 2011 1 0A-17 Mayor Pro Tern Alvarez. • Appreciate the executive management team's efforts, but may have to reopen contracts as raise was contingent on budget situation; also clarified that 7.5% merit increase was automatic, but since eliminated; and looks forward to their continued leadership; and • Happy Halloween to all - be safe. ADJOURNED- 8:56 P.M. - The next meeting of the City Council is scheduled for Monday, October 17, 2011 at 5:00 for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 6:00 pm in the Police Community Room, 60 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council w i Y UUUNCIL MINUTES 18 OCTOBER 3, 2011 1 0A-18 MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA OCTOBER 10, 2011 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:32 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern (5:55 P.M.) P. DAVID BENAVIDES CARLOS BUSTAMANTE (5:33 P.M.) MICHELE MARTINEZ (Left at 5:44 p.m.) VINCENT F. SARMIENTO (5:35 P.M.) SAL TINAJERO COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS - Connie Hamilton, suggested that a portal be added to the City's website for the community to comment and/or make recommendations on budget reductions. COUNCIL RECESSED to Room 147 for Closed Session discussion. CLOSED SESSION ITEMS 1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 CITY COUNCIL MINUTES 1 OCTOBER 10, 2011 1 0B-1 Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organizations: Santa Ana Police Officers Association (POA) Santa Ana Police Management Association (PMA) Santa Ana Firemen's Benevolent Association (FBA) Santa Ana Fire Management Association (FMA) Service Employees' International Union (SEIU) Full-Time Employees Service Employees' International Union (SEIU) Part-time Civil Service Employees Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) Agency Negotiator: Interim City Manager, Paul M. Walters Employee Organizations: Executive Management (EM) CLOSED SESSION REPORT - Nothing to report. ADJOURNED - 6:40 P.M. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 2 OCTOBER 10, 2011 1 0B-2 SANTA ANA CITY COUNCIL COMMITTEE PUBLIC SAFETY Minutes of Special Meeting (Working Session) August 10, 2011 CALL TO ORDER The meeting was convened at 6:15 P.M. at Santa Ana Police Department, 60 Civic Center Plaza, Police Community Room, Santa Ana, California. ATTENDANCE Council members present: Claudia Alvarez, David Benavides, and Sal Tinajero. Staff present: Police Chief Paul Walters, Fire Chief Dave Thomas, Assistant City Attorney Teresa Judd, Deputy Chief Carlos Rojas, Commander Ken Gominsky, Commander Doug McGeachy, and Loretta Tafoya, Recording Secretary. Public sign-ins: Irma Macias, Gustavo Garcia, Albert Castillo, Kerry Gallahgher, Lucero Chavez, Theresa Dang, Cristy Burton, Miguel Hernandez, Ramona Espinoza, Jose Espinoza, Jose Espinoza, Paty Modueno, Guadalupe Perez, Josefina Duarte, Alma Segous, Maria Rosa Lopez, Maria Jacinto, Francisco Bravo, Oscar Sanchez, Aracel, Cazales, Silvia Hernandez, Carl Benninger, Francisco Barragan, Debbie Phares, Mondragon Miguel, Yadira, Lucero, Hermelindo Saldana SUMMARY OF DISCUSSIONS APPROVAL OF MINUTES Minutes approved of the July 26, 2011 meeting. 2. IMPOUND POLICY UPDATE Committee member Alvarez introduced the activists from OC congregation Community Organization and OC May Day Coalition that represented the community on the revised impound policy. Miguel Hernandez, Lucio Chavez, Paty Madueno, Scott Sink, and Teresa Dang. Deputy Chief Rojas reviewed the comprehensive policy that balances statutory law, individual rights, case law and public safety. • Recommendation #1 - Officer allows at least 25 minutes to contact another licensed driver. Deputy Chief Rojas stated the proposed policy will mandate officers to consider waiting a reasonable amount of time for a licensed driver to respond. Council members also stated the 25 minutes seemed like a reasonable time. The city activists wanted to keep "25 minutes" in the policy. Assistant City Attorney Teresa Judd suggested leaving the wording "reasonable" due to legal issues. Recommendation #2 - Officer to allow a licensed driver who is on the scene to drive the car. DC Rojas stated the proposed policy will allow for a licensed driver to take the vehicle under specific circumstances. Recommendation #3 - Have the driver sign a liability waiver in order to eliminate the requirement for officers to consider towing a vehicle due to high crime area. DC Rojas stated this recommendation will not be included. This will open the officer, police department and the city to potential liability. 13A-1 Recommendation #4 - Up to 24 hour storage for a vehicle that has never been impounded. Thirty day impoundment for a vehicle that has been impounded two or more time in the last six months. The proposed policy says up to 30 day vehicle impounds will be authorized when it is determined the driver is the legal/registered owner or if the legal/registered owner knew or should have known the driver had license status issues. In most cases, other vehicles will not be impounded utilizing the up-to 30 day model. If a vehicle is impounded for 30 days, the owner will have an opportunity for a post storage hearing to have the vehicle released. In an effort to increase citizen satisfaction "Post Storage Hearing" hours will be increased to both the morning and the afternoon Monday through Friday. Recommendation #5 - Eliminate language regarding the "Due process clause under the 5th amendment of the U.S. constitution and case law" reference to the Post Storage hearing. This language must remain in the policy. It is critical for the officers to know that anytime a person is deprived of property they have a right to due process under the U.S. Constitution. Choosing to ignore case law on any issue would create liability and confusion for officers and the Department. Recommendation #6 - No deputy shall leave stranded any person who would not be able to obtain transportation in a safer manner. When necessary deputies should assist persons in finding safe transportation. Calling parents, transporting persons to safe place where they may arrange for transportation. This policy is already a consideration in the policy and will be further codified. Recommendation #7- Accept an alternate form of identification in lieu of a fingerprint card. Current department policy states an alternate form of ID can be used and proposed impound policy will require a fingerprint if identification is an issue. If the person is issued a citation the court mandates a fingerprint on the citation for filing if the driver does not have proper identification. This fingerprint will not routinely be entered into "ANY" electronic system but may be utilized to confirm identities for court at later times and could be used to ensure persons not responsible for illegal conduct are not held accountable. The use of a fingerprint on the back of any citation is a standard utilized on all out of custody arrests and citations performed by the Department. It is for future identification purposes only. Committee Member David Benavides wants to make sure the wording to verify the fingerprint is not passed on to any other organization. ITEMS FOR NEXT MEETING A. Impound Policy Update 4. NEXT MEETING DATE - Tuesday, September 27, 2011, 5:30 P.M. Santa Ana Police Facility, 60 Civic Center Plaza, Police Community Room, Santa Ana, California ADJQU ,NMENT - 9:35 P.M. a PAUL M. WALTERS Chief of Police 2 13A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 17, 2011 TITLE: BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT (APRIL THROUGH SEPTEMBER, 2011) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file Boards and Commissions Biannual Attendance Report. DISCUSSION The Boards and Commissions Attendance Report is prepared biannually to inform the Council regarding member attendance at Board or Commission meetings. Pursuant to Council policy, the City Council may remove board or commission members who incur four unexcused absences within the six-month reporting period. 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W ?, Cl)? - o? x x w w w w x x x x x w y m ?p Y C7 = Q Q as d y y R J co D a ?Y o d d Vl y r m W a Z pm D c n= 4) M x w z :3 x D x x x x x x U) d r m ?„ D Y m m ) r J p Y d co SL Q 'a D a? ?a ; e (6 a) ? cu -0 m m E O 4- cu 0 cm cu C 0 O L CD J i Z O m m cc d L- W ca m N N N D O N O m ? -Q a) N c O c O V N w E Y a) J 0 cu N co Y 0 a N C c O U E `O LL 13B-20 co O N N 0) M a_ x x w x x x x x X w w X x x x > (D ) 70 W -tf (D /O/ IL N U cu m U O U) a 0 cu uj ca E O C0 ) m U-7 (D ~ 0 Q a) -0 d V C d N Q d N 7 V x m c M u M m v c d N Q d N 7 V x w w m c d a x w Y W 0 6 Z F a z Z w H O Q U Cl) ti o M 1 0 m ti ? co ? ca 0 d L 3 a. C N c m E ca a d 0 13B-21 13B-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 17, 2011 TITLE: WORKFORCE INVESTMENT ACT PLAN MODIFICATION FOR FISCAL YEAR 2011- 2012 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s` Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve the Santa Ana Workforce Investment Board Annual Plan Modification for Fiscal Year 2011-2012 and authorize its submittal to the State of California Workforce Investment Board. WORKFORCE INVESMENT BOARD RECOMMENDATION At its regular meeting of September 9, 2011, by a vote of 18:0 (Carter, Didion, Elliott, Everett, Gonzalez, Jimenez-Hami, Knitter, Korthuis, Lewis, Lin, Nazeri, Ruiz absent), the Workforce Investment Board recommended that City Council approve the Santa Ana Workforce Investment Board Annual Plan Modification for Fiscal Year 2011-2012 and authorize its submittal to the State of California Workforce Investment Board. DISCUSSION The State Workforce Investment Board (WIB) requires each Local Workforce Investment Area (LWIA) to submit a modification of its local plan for their review and approval in order to receive funding for that fiscal year. This modification process is used to ensure plans meet any new State Board requirements, to document any substantial changes in the LWIA and to submit fund utilization and participant services plans for the new fiscal year. Workforce Investment Act (WIA) regulations require a thirty-day public comment period for all plan modifications to allow for input on the expected usage of these federal funds. A notice was published in the Orange County Reporter on September 14, 2011 announcing its availability to the public for a thirty-day comment period. All comments received will be included in the final document. With the exception of incorporating new funds, only minor changes were required to the plan regarding local employment statistics and efforts to address local unemployment issues. 19C-1 WIA Plan Modification FY 11-12 October 17, 2011 Page 2 This plan modification is required for the City to be eligible to receive WIA funds for fiscal year 2011-12. Once the plan modification is submitted by the City of Santa Ana and approved by the State Board and the Governor, the City will be eligible to receive $1,205,859 in adult funds, $795,301 in dislocated worker funds, $1,381,816 in Youth funds, and $225,167 in Rapid Response funds. FISCAL IMPACT There is no fiscal impact associated with this action. 4aindcy)Tjgdywards 1 Interim Executive Director Community Development Agency NTE/LO/DS/kg Exhibit: 1. Local Plan Modification FY 2011-2012 19C-2 Employment ?D® Development _ Department State of California Workforce Investment Act Local Plan Modification Program Year 2011-12 Local Workforce Investment Area (local area): Name of Local Area: Santa Ana Workforce Investment Board Submitted on: Contact Person: Linda Oberman Contact Person's Phone Number: 714 647 - 6991 AREA CODE PHONE NUMBER iflEDD is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. Special requests for l services, aids, and/or special fonnats need to be made by calling (916) 659-8055 (Voice). TTY users, please call the California Relay Service at 711. FWSD10-15A Page 1 of 1 5/11 EXHIBIT 1 19C-3 SANTA ANA WORKFORCE INVESTMENT BOARD LOCAL PLAN MODIFICATION FOR PY 2011-12 NARRATIVE SUMMARY LOCAL PLAN MODIFICATION QUESTIONS The Workforce Investment Act (WIA) gives states a Areas (local areas) a unique opportunity to develop :e;; s.`C tailored specifically to state and local area need collaborative process among the Chief Elected`Offici partners. This collaboration will create a s!J rTod un workforce investment needs, a shared vi?),oP "of haw system can be designed to meet those needs, and ag achieve this vision. Additionally, the localplan shoul strategies of the local area. Please respord,.to ea assessing your local area's current and futirft implement and improve your ser`vice'level or actions`as Identify the workforce your local area. [WIA.Se Businesses nee :0:1:9' comp' ethic. TheyY:'e work ?uire market priorities. l ey. j th ng th ction 1180)(1 of n.&.L:ocal Workforce Investment rffiloyment and training systems ijq.jocal plan should represent a al::(QEO) and the local system d6f#a ding of the local area's the loyal. workforce investment reement'`oh ,the key strategies to d reflect tt a ;current and future ch question ''lj`ydescrib ing and tegies and ident(fying steps to appropriate. and job seekers in traineq. ?vQrkfbrce w. Ithi-good basic skills and a strong )rkforce' k,Ib to learn 'quickly and adapt to shifting Wervisors; and front-line managers with the skills to s: from div6fse ethnic and cultural backgrounds. And men} sy06M,' that is responsive and effective in Job seQ ers need staina foi':?.a.} tonal skills such as reading comprehension •.;; ? . Y k writin actlistening, g, $ppaking, ,,and social perceptiveness. They need access to affordable, fle?4l le educgibn and training opportunities that allow them to add to their current skill ;$et to stir competitive in their industry and to avail themselves of opportunities for %aijq ?r ent and promotion. 2. What are the curre'fi and projected employment opportunities in your local area? [WIA Section 118(b)(1)(13) and California Unemployment Insurance Code (CUIC) Section 14221(a)] The current employment opportunities in the Santa Ana forecast for the next year, are listed below, grouped by those occupations with the largest employment and those which are the fastest growing. Page 1 of 18 19C-4 Twenty Largest Occupations (One Year Forecast) SOC Code Description 2011 Jobs 2012 j Jobs Change I % change Sales representatives, wholesale and 41-4012 j manufacturing, except technical and scientific 2,925 2,996 71 2% products 43-4051 Customer service representatives ; 2,707 2,748 41 2% 29-1111 I Registered nurses 2,689 2,773 - - ------- -------- --- 84 I 3% 43-3031 Bookkeeping, accounting, and auditing clerks ; _ 2,104 { 2,128 C 24 i 1% 43-6011 secretaries and administrative [ExeWtive I 2 021 2,046 ) 25 1 % assistants J 43-1011 First-line supervisors/managers of office and - . 2 010 ( 2 036 :I l 26 ; % 1 administrative support workers , , , 51-2092 Team assemblers 1;625 I 1,592 - -33 ? - -2% 47-2061 Construction laborers ; 1,549 f 1,578 ; 29 2% 49-9042 Maintenance and repair workers, genera] ' I 1,538 1555 I 17 -- 1% 13-1199 Business operation specialists, all other 1,409 1,421 12 1% 31-1012 Nursing aides, orderlies, and attendants _:; 1,379 1,424 45 3% 35-2014 Cooks, restaurant ' 11377 r 1,404 27 2% 47-2031 Carpenters i 1 240 1 264 \ 24 2% 25-2021 Elementary school teachers, except special j 1,240 { j 1,218 . i i 18 ° 2 /o education ; 41-3099 I Sales representatives, services; 6Ilother , ?; 1;159 1,172 13 1% 53-3032 Truck drivers, heavy and tractor-trailer 1,130 1,146 16 ! ' 1% 13-2011 _ 1 129 ; Accountants,rt? auditor. '1,148 19 2°10 35-1012 . First-line supervisors/managers of food' - i 1 092 1 111 ' 19 2% preparation and serving workers , , ; 43-6013 Medical secretarO.S.. ti 1,074 1,101 I 27 3% 43-6014 • Secretaries, except legal, medical, and executive 1 1,022 1,030 8 1% rwenty 'Fb test Growi6 .-,0 atidns (One Year Forecast 2011 2012 Growth SOC Co de I Description Jobs Jobs i Growth % 29-1111 Registered nurses 2 689 2,773 84 3% Sales representatives, wholesale and I ! i ' 41-4012 1 manufacturing, except technical and. scientific 1 2,925 j 2,996 ; 71 { 2% products I 31-1012 I Nursing aides, orderlies, and attendants 1,379 I 9,424 l 45 3% - 43-4051 ; Customer service representatives 2,707 2,748 41 2% 47-2061 Construction laborers I 1,549 1,578 I 29 1 2% 35-2014 { Cooks, restaurant { 1,377 1,404 { 27 ` 2% 43-6013 Medical secretaries 1,674 1,101 27 3% 43-1011 First line supervisors/managers of office and; 2 010 2 036 26 ° 1% administrative support workers 1 , , 1 47-2152 Plumbers, pipefitters, and steamfitters 893 919 26 3% 43-6011 I Executive secretaries and administrative i ; i 2 021 2 046 25 1% assistants , , Page 2 of 18 19C-5 i 2011 SOC Code Description Jobs 31-9092 Medical assistants 852 47-2081 Drywall and ceiling tile installers 688 47-2031 Carpenters 1,240 43-.3031 Bookkeeping, accounting, and auditing clerks 2,104 29-2061 Licensed practical and licensed vocational 803 nurses 35-1012 i i First-line supervisors/managers of food preparation and serving workers 1,092 13 2011 Accountants and auditors I 1 129 5-2021. 2 Elementary school teachers, except special: ; 200 1 . education , 47-1011 First-line supervisors/managers of constructioh"I"'."" ' : 801 trades and extraction workers ., ,. 41-4011 i Sales representatives, wholesale and': g73 manufacturing, technical and scientific products Looking out even further over;the next five jiE growing occupations in Sa `te" Ana while l?..'.;:..: unchanged and firmly dominaie f. employm Fastest Growing Occupationg {Five 2012 1 Growth Growth Jobs % 877 25 E 3% 712 24 3% 1,264 24 2% 2,128 - 24 1 % 826 23 I 3% 1,111 i 19 2% i 1,148. 19 2% 1,218 18 2% .I - 818 ) 17 2% l 990 17 . 2% I will be changes. to the fastest )st occupations will remain SOC Code Description 2011 2016 Growth Growth Jobs Jobs % 29-1111 Register8' ?lt{rses 2'd 1 3,059 370 14% - Sales representatives, wholesale and! -_- i - ' 414012 manufacturing, except technical and scientific) 2,925 ; 3,172 247. 8% products , - i 43 4051 : CustomerseNice repree?ntatives 2,707 1 2,940 233 31-1012 I Nursing aides orderlies, and attendants ; 1,379 1,568 ; 189 14% 47-2061 ?'? Construction laboi'6rs 1,549 I 1,665 1 116 7% I First line supervisors/managers of office and 43-1011 administrative support workers 2,010 2,121 1 i 111 6% 43-6011 Exec`uttve secretaries and administrativeI 2,021 2,128 107 5/0 _-1 assistants: 1 43-6013 Medical secretaries 1,074 1,180 106 10% 43-3031 I .. Bookkeeping;`ae0utiting, and auditing clerks C - 2,104 1 2,208 ( 104 I 5% 47-2081 ; Drywall and ceiling tile installers 688 j 790 I 102 15% 31-9092 I Medical assistants 852 ( 952 100 I 12% 29-2061 i Licensed practical and licensed vocational, $03 900 i 97 ' 12% nurses i 13-2011 1 Accountantsand auditors I 1,129 1,220 1 91 8% 35-2014 Cooks, restaurant i 1,377 1,467 90 7% 53 3032 Truck drivers, heavy and tractor-trailer I 1,130 1,217 87 1 8% 41-3041 1 Travel agents 349 434 85 24%° 13-2072 Loan officers 1 399 1 484 85 21% Page 3 of 18 19C-6 SOC Code Description I 2011 Jobs 2016 jobs I I Growth ; Growth /o 47-2031 Carpenters j 1,240 1,323 i 83 59-7011 I Cabinetmakers and bench carpenters 261 341 80 31% 49-9042 ! Maintenance and repair workers, general t 1,538 1,611 ; 73 1 5% During the interceding four years, some fast growing occupations will fall in prominence while others will gain. Fal Gaini Plumbers, pipe fitters and steamfitters `Truck drivers, heavy and tractor trailer First-line supervisors/managers of food Travel ag preparation and serving workers Elementary school teachers, except special. 1_oan officers education First-line supervisors/managers of ;:001' etmakers and beri bl : prp enters construction trades and extraction workers Sales representatives, wholesale and Maintenance and repair workers, general manufacturing, technical and scientific products. 3. Describe any significant charig'-ps iti-;y : economic downturn, and an? -differ' delivered. l•Title:20 Gc tle, of Fede'MI,Re Since 2007 an'.:.: khe ons6ti:.of the industries, manu acluring and;consti in those..ind.ustries te1t?.sttU:::_:;•.. local":Rt.4a resulting from the current ?s.:, in zne ; :way services are being t :Qj _(Tit:l20 CFR) Part 661.365] nic downturn, the two most prevalent have suffered dramatically. Occupations Code Description 47-2031 Carpenters 47-2061 ; Construction laborers ??; ` 51-2092_ Team' assemblers , 47-208.1 Drywall and ceiling tile installers Sales ?ispt_!?entatives wholesale and 41-4012 1 manufacturing, except, technical and scientific products 47 1011: First-line supervisors/managers of construction trades and extraction workers 2007 2011 Growth Growth Jobs i Jobs ! % 2,034 1240 ._ -794 I -39% 2,292 j 1,549 i -743 -32% - 2,1 27 11626 , -502 j _.-24°70 . 1,164 i 688 i -476 ! _ . -41% 3,365 1 2,925 - 1_1 11 1 1,163 1 801 51-2099 Assemblers and fabricators all other 886 47-2152 ; Plumbers, pipefitters, and steamfitters 1,212 47-2051 I Cement masons and concrete finishers 673 47-2161 Plasterers and stucco masons 697 43 3031 Bookkeeping, accounting, and auditing clerks 2,402 43-4051 Customer service representatives 2,966 51-6031 Sewing machine operators 747 Page 4 of 18 19C-7 545 893 357 _389 2,104 2,707 489 -440 1 -13% -362 -31% -341 -38% -319 I -26% 316 -47% -308 i -44% -298 --12 % - -259 - i 9% -258 -35°70 SOC Description 2007 2011 _ Growth Growth ° Code Jobs Jobs /o 43-6011 Executive secretaries and administrative; i 2,260 , 2,021 I -239 I 11 /° assistants 51-1011 IFirst-line supervisors/managers of production and ? 1 106 885 ? -221 -20% ! operating workers 4 , ? 51-9061 Inspectors, testers, sorters, samplers, and 1096 878 _218 -20% weighers 47-2111 Electricians 929 I 729 -200 -22% 41-3099 Sales representatives, services, all other 1,357 1,159 ! -198 -15% 431011 First-line supervisors/managers of office and administrative support workers 2,191 2010 , -181 -8% 53-3032 Truck drivers, heavy and tractor-trailer ' 1,305 ! 1,130 j -175 ` -13% Additionally, the number of customers:ys has climbed an extraordinary amountfro 2007, peaked at 6,318 visits in MarcW:20.' 2011. From a service delivery perspectiu flow procedures to more quicKj.y.:,:process a usage, leveraging more parfie:r:;staff in increasing staff caseloads. Th'e`q`b,8Jgstm while maintaining effectiveness and overall brig our comprehensive one-stop center n a pre-recession 'I.Qw of 947 in August 0 to a recent visit count of 3,586 in May :;;this has:iveant adj : stio our customer irk enr,.QiJcustomers, moittoring computer t `'?,iyision of universal access, and ants HW ..resulted in greater efficiencies ro ramrQ.atic integrity. p . g t?..,. 4. How is your loc.,al; a'ea :serving 'tJttemployY ii:et)lnsUrance claimants? How is your local area[ suppolr ipg wo?i r$ ?e`ceivin ""%- enefits under the Trade Adjustment Assistance program? I'MAZection 121(b)(1)(B)(xii)] Unemployment Insu*f'dhge;?efaimants have< received considerable attention as they are referred tpanta Ana 111/OF?i Gertter`t: otherwise learn about the services it offers:; In most"cases a claimant mee?swith an EDD Job Service representative dire'cf(y..;on site. Any:documenfation a claimant provides substantiating their UI claim ti::,... or receipt of benefits chi priorif12 :them for receipt of Dislocated Worker services. The Santa": AN WORK Center has two full time EDD/TAA Job Service Specialists personnel on 1aite. Eacli}?6hrries a very full client caseload to meet the increased demand the recept recession has brought to bear. Upon completion of TAA funded training, workers are encouraged to seek additional services at the Santa Ana WORK Center indwing placement assistance and/or on-the-job training opportunities to continue to enhance skills. 5. What programs and funding streams support service delivery through the One-Stop Career Center (One-Stop) system? If applicable, what are the anticipated changes to those programs or funding streams? [WIA Section 121 (b)(1)(13)] Service delivery through the One-Stop Career Center (Santa Ana WORK Center) is primarily supported by WIA Title I funding, either as 85% formula funding or as state Page 6of18 19C-8 grants under the 15% and 25% provisions of the WIA. Occasionally other grant funding is available, either competitive or non-competitive. 6. Are each of the required WIA partners included in your One-Stop delivery system? If a required partner is not involved, explain the reason. [WIA Section 117(b)(2)(A)] Yes, all of the required WIA partners are included in the Santa Ana One-Stop delivery system. 7. Describe how your local area's WIA funds are: ud to leverage other federal, state, local, and private resources. How do:::f#ee:coordinated resources lead to a more effective local system that exo .folds 'tlti involvement of business, employers and individuals? [WIA Section112(b)(10 and 121(c)(2)(A)(ii)] Services funded through WIA Title I fuft are not sufficient to offer a broad range of services to either job seekers or employers. Additional fa.`riding from partner agencies and from outside Federal, stafelocal:cl private soUtcps has greatly expanded the level of partigibti.Qn and rarig;~<;Ofoptions open to .?tlese customer groups. The redirection of otlrirnmunity res'irces into a more strategic focus creates a workforce development; sy-tem; that is'`w ible and acknowledged in the community as something of value;to.,a br'bad :custorrig.- ;ase. The WIB participt±rs in join.i ventur'':~SwitKbuljlis[pjfyte organizations to leverage ::: cost savings or?r..cr ase services. Additionally, the :`Santa Ana WIB has taken a leadership role in11:,. oordill;;tion of economic development resources for large and small businesses inch., ngresourees avail ale through: m ;. S.arita Ana""? , edeVeJo?ment " At#encv: provides services to business `lopating/expand'irgip dest0ated redevelopment areas. Santa -Ana Economic` Deve]W' ent Department: as part of the City's visitation program ?.he WIB us4§ these visits to present One Stop services to employers including ?utnot limitedto job creation and retention strategies; coordination of economic dev?lopm :rat` resources; liaison with agencies for training and development. ti ® Local Community Colleqes: the Santa Ana WIB coordinates technology and manufacturing resources with the local community colleges economic development resources. 8. Describe and assess how the services provided by each of the One-Stop partners are coordinated and made available in your local One-Stop system. [WIA Section 118(b)(2) and Section 121 (c)(2) and CUIC Section 14221 (a) and (b)] Page 6 of 18 19C-9 Services provided by each of the One-Stop partners are coordinated through the WORK Center Administrator who leads and directs frequent interaction and communication between co-located partner staff, partner supervisors/managers, and One-Stop staff and managers to ensure efficient, effective and customer-friendly delivery of services and to maximize resource leveraging among partners. 9. Local boards are required to review and assess the eligibility of One-Stop operations annually. What criteria does your local board use to review One- Stop operator agreements in your local area? fn .9de a copy of your local policy as an attachment to this document. [CUI(?; S ction 14206(d)] The Santa Ana WIB uses a monitoring .,tfoeUit operations in eight (8) categories: Facl' tiiiirs an( Intensive services, Training Services,,;:;S'U'p'portive Service delivery and performance, and.:`?`i'i°'ipliance. 10. Describe and assess how ,ydur .local board': s of eligible providers of services;th.r.pugh the',M14 local board ensure that such',?proiidrrs, meet'. I employers and participants? [?u)q Sefi.:118(b :brat that evaluates One-Stop ,`'a`ccessibility, Core services, services, Business services, res continuous improvement Stop system. How does your ?.;employment needs of local Eligible providers;;:; i f ` services aYe :. farmi lly``: ogito?6d for compliance and performance om?ij annua"I:pgsis andt11'o're regularly provided feedback through conversation and ail withsfaff. Elig`lejraining providers are required to maintain an annual _placeme ate .of 73%..in orderao receive client referrals from the WORK 11. Th'eState has teen grant,: d eight `Waivers through June 30, 2011, which diredtl.' %affecl how:'16cal at 41 may serve adults, dislocated workers, and incum ejit.workers. list each'` .the waivers your local area is currently using and desdrib'e how eadl ? nraiver used has impacted the services provided to these custo"r"n" r, groups hdicate which waivers will be used in your local area in the future" lhd how each will be utilized. [WIA Section 189(i)(4)(B) and WSD10-10] The following waivers may be used by our local area through June 30, 2011: ITAs for Older Youth: This waiver provides better of use of ITAs for older youth focused on attaining employment • Subsequent Eligibility of Training Providers: This waiver encourages broader participation on the ETPL and has increased the availability of training to help develop the skills of our workforce. Page 7 of 18 19C-10 Common Measures: This waiver has streamlined, simplified, and improved the evaluation of our training programs. Use of Local Funds for Incumbent Worker Training Activities: This waiver will allow us to better respond to our local economic changes by serving employers whose employees require training. 9 Customized Training: This waiver will help us better serve our small businesses through a flexible sliding scale for employer match, thereby increasing small business participation in WIA customized trainirngprograms. Transfer of Adult and Dislocated Worker Rd rri-ul"unds: Our local area reserves the right to exercise this waiver to provide us tN' ii?fioxibility we may need to •::• maximize services to adults or dislocpt0d workers in'l.sponse to our changing economic climate and labor market:46rriands. Up to 5AVof:.funds between Adult and Dislocated Worker funding stre'ams_may be considered'.";::::->., o Increase in Employer Reimbursement fo>?;:Ori'.?tt e=Job Training.-`, his waiver will help us encourage and".'?i3Xpo d the hin .'xof unemployed individuals with employers by using a sliding::cale4or OJT rei"'bursement amounts as follows: a. Up to 90% for etf' ployer4,.:.W h 50 or=fewer employees; b. Up;to.75% for employers with 51. - 28'0? mployees; and c. or empiyrs refth n`250 employees. Activities: Our local. area eserves th6"i'dght to exercise this waiver to provide us the ,f.(eXilSiliiy,;we may: tl:Ged' t0 ::f l ximi ':,services in response to our changing . e:cgnomic'clir ate and Gabor marke#::dernari'ds. . 12.Hovi,,dpps your Ioc'al?area administer Individual Training Accounts (ITA)? [WIA Section:;:1.34(d)(4)(G)]`?4hclude'Oy limitations you impose on ITAs established in your area.. If your lopl board is providing training services that are made as exceptions; to the IT ;.'process, describe the process you used to procure and justify #lie:e, exceptions. In addition, include your local board's policy addressing the amount; and duration of ITAs based on market rate for local training programs: [UIC Section 14206(h)] ITAs are administered consistent with carefully crafted policy describing how ITAs are to be used, the circumstances under which they are issued, and the methods for contracting and paying for services under ITAs. Aside from reiterating the mandates and legal requirements for the issuance of ITAs consistent with the WIA, the ITA policy: e establishes a payment cap of $7,000, which may be waived by the Workforce Development Division Manager; Page 8 of 18 19C-11 • allows that training paid for using an ITA should not exceed one (1) year, but individual exceptions may be granted depending on customer circumstance; and • prescribes the types of training for which an ITA may be used. U.Sector strategies are state policies that promote regional partnerships of employers, educators, workforce developers, and other stakeholders that address the skills needs of critical industries ip,`a region. The California Workforce Investment Board has adopted a ; ' for strategies approach to assist local areas in developing their workforce solutions. Describe and assess your efforts to plan/implement s dfb'K: strategies, develop regional partnerships, or target industries that are. important-In the local area or region. Describe what changes may be necess:arylo improv kese regional strategies and partnerships. [CUIC Section 1500;'I(a}(6)] The Santa Ana WIB has developed p01 government to explore and develop key p and employment opportunity.,,,(`VirR such inii • Regional Industry Cluster of b 'Do ,".. t Gateway WIB and included Ailshetri- Orange County.:Santa Ana, S?L`ACO, The rant 116" d I*Ka re ionaf'.' 1B8 California Gre'iY..R Econolrly,Value S jcij> a. b nose, dial ze an''st Calgtnia::: ;..; Engae atliverse:`grop usere.ources bf:thE c. Studyyf energy; transpo 14. Describe how`V'our I identify employe -A Section 15001(a)(6)]_ hipswith business: education, and initiatives relative 'fa?ndustry growth re outlined below: 3ranf::Ths effort was led by the Pacific ,s. Ange 4: ,County, Los Angeles City, iia.-Bay, Ventura, and Verdugo WIBs. ? develop, a` project entitled Southern e purpose of which was: gthen the Green economy of Southern lefining local value of Green industry partners to support the health of the of the Green economy: energy generation; gy efficiency; water and waste water; and oard utilizes the principles of sector strategies to d guide training efforts to meet those needs. [CUIC The Santa Ana WIB uses the principles of sector strategies to develop and implement customized and on-the-job training programs dependent upon employer needs. 15. California's Green Collar Jobs Act of 2008 was passed to address the State's green economy and the increasing demand for a highly skilled and well- trained green collar workforce. How does your local area recognize opportunities to prepare workers for "green jobs" related to other sources of Page 9 of 18 19C-12 federal funding? [CUIC Section 15000] The Santa Ana WIB participated in a strategic partnership with the North Orange County Community College District (NOCCCD). One of the most significant projects was the Green Building Training Program. The Green Building Training Program was a partnership with the LA/OC Environmental Training Center located at the NOCCCD School of Continuing Education to provide training for green jobs. The college district was awarded $1,000,000 for this project. The Orange County, Anaheim, and South Bay WIBs also partnered for the execution of the grant. The program provided a cluster of eight (8) the green building industry. Each course wa occupations. 16. What rapid response assistance is employers? Who provides; this assist,. We continue using the Rapid ?e"p to plan for the appropriate lede! ':,Q. from the Santa Ana;. WORK Cer needed, the City,:ofrita Ana's; agencies and;otariizations;to assi: various locatioi::downsizthe neighboring workfore, inve t`tnept a introduced the students to professional in the relative dislocatworkers and :tion 118(p)(4} and (5)] as team Qth'in the One-Stop delivery system sei'v..tees. The?pam includes representatives Emp(o ! ne.nt DeV Qprnent Department, and if ,onot ai : Mopment Department and other witl''su porf`'seices. When companies have * Rii response services are coordinated with :as:fi-r a regional response. Rap1d Respohsservicebegin wit} i:A_:i?intial series of meetings to create a plan of a%.'t with the ?dwt?sizin`g company. -- bllowing the creation of an action plan, affect( d, workers and ;vmploye'S ,receive specialized orientations in a group setting to assMIhem in accq.ging servloes available through the One-Stop system. The orientatiidfj for workers: )fjoludes Now to file Unemployment Compensation claims and any a'i pgnal services; needed to transition to new employment. The Employmen#»eveliapbent Department and WORK Center provide Job Search assistance workslitp; Placement services are conducted in cooperation with the employer. The WOIK enter makes employers aware of any additional assistance available to their employees. If the business is no longer in operation, we conduct target marketing to reach those workers still seeking employment. 17. Layoff aversion activities are a critical component of rapid response. Please describe the layoff aversion activities your local board provides to businesses. [WIA Section 118(b)(4) and (5)] The Santa Ana WIB provides technical assistance and other services to businesses Page 10 of 18 19C-13 considering or experiencing layoffs to either affect layoff aversion or to minimize adversity during the layoff process. The most impactful effort to date has been the provision of business consulting services directly to local manufacturing firms. These services range from comprehensive business assessments to implementing human capital, financial, and systemic process changes. Additionally, the Santa Ana WIB: • Develops strategies for addressing future dislocation events in the local area • Identifies strategies for averting layoffs in the local;:area • Develops and maintains means of exchanging ill &ffiation among local areas and with the State about potential dislocations * hvailable adjustment assistance • Collects and analyzes information retafi to actual economic dislocations in the local area, potential closings and lay4fs'in the focal area:atld all the various resources that are available to benefit":dislocated workers in'tle local area. • Assists in devising and overseeing local area • Develops strategies for lir retention and recruitment • Contacts pote CaIWORKs pd 18. D area's: Ysand local::area, What youth succ'dtVul providers ::of s Section`'(4221 P ities a umbent wbrl., .training in the opment and business se' :%%placement of WIA and opuation and needs in general. Describe hat"Oovide services to the youth in your re'available in your local area? Identify ities. [WIA Section 118(b)(6) and CUIC The growing del ?rtd for a sKJJJpd workforce has called for a fundamental change in how education and ViJC' force ;preparation is delivered in this community. Repeatedly, employers have voiced th?ii. fe6stration and inability to identify skilled workers to fill their job vacancies, while at th6-*same time many young people are unable to qualify for entry level positions or are entering the workforce unprepared. The lack of basic skill and proper workplace preparation also has left young people unable to take advantage of many employment opportunities created by the high-wage and high growth industries. While there are employment and training programs available through the city, these programs tend to be categorically funded, fragmented and with varied eligibility requirements, making it very difficult for the youth to access services. Additionally, these Page 11 of 18 19C-14 programs offer limited menu of services, therefore, unable to address the diversified needs of our young population. In response to the youth needs above, the Santa Ana WIB adopted the concept of the "Daisy Wheel" service delivery, 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 allows youth regardless of eligibility to receive services from the various Service Providers. The YSPN was formulated so that no one Service possible elements needed by the youth. It allow Service Providers through other non-WIA funding;;.: provided to youth. The YSPN consists of Service Rr WIA program elements in a creative and intlacti Service Provider to focus on what service'''they however, is not possible without the role';Qf.,the Service Navigator is critical to promote br''odb among all youth Service Providers:::and to provid make the network a success. The Santa Ana WIB services availably; inc alternative second- directly linked to a ade?nic anti bpcupatiol (including internships'?and job shad owi developmentof3portunitie';(wtticl7` activitieaporopr ate, the Santa PiWa<. up services, compreF nsive gu d:?ce, ai alcohol abuse counseling ' d referral,. Prpy4 pr would have to provide all s.:sC) 8f6 youth to be served by the Strerlls, and to streamline services ovider?that collectively offer the ten ve manner The concept, allows the .:. specialize '`iK and do best. This, Serv..ice Navigator, The role of the asp . oordinatiar End cooperation tl?:e `technical assistance needed to "tQtaring, drd_'pout prevention strategies, t 'mehfM.1ng, employment opportunities irning, 'pa'in and unpaid work experience occupational skill training, leadership ::.community services and peer-centered is" o provides supportive services, follow- unseling, which may include drug and The followin j':i'o'rganizations'-,ti-ave recaiVed WIA funding from the Santa Ana WIB in the last 24 months:?$Anta Ana WPRK Center, Children's Therapeutic Art Center, Orange County Conservatr Corpsr Taller San Jose, Orangewood Children's Foundation, Orange County YoutKx. m r ssion, Santa Ana Unified School District, Santa Ana ROP, Children and Family Se Vibes, The Cambodian Family, Social Services Agency, Santa Ana Library, and the Employment Development Department (EDD) . 19.Describe and assess your local area's delivery of services to people with disabilities. What partnerships and collaborations exist to provide services to this population? What training services and employment opportunities are available to this population in your local area? [WIA Section 112(b)(17)(A)(iv) and Section 409] Page 12 of 18 19C-15 The California Department of Rehabilitation (DOR) is represented on the Santa Ana WIB and has staff on-site at Santa Ana WORK Center. DOR staff provides preliminary screening for DOR assistance, referral for evaluation and placement assistance for individuals with disabilities. DOR works with Santa Ana WORK Center to develop on-the-job training opportunities for their customers with Santa Ana businesses. 20.If your local area received funds to operate Project New Start to provide parolees support in seeking, securing and maintaining employment as they transition frorn prison to their home communities;.. describe and assess your service delivery and partnerships in serving thJspopulation group. Describe what changes in your local area may be nece=ssary to improve the level of service. [WIA Section 134(d)(4)(G)(iv)(II, andJY)" ..Section 188(a)(5)) The Santa Ana WIB is a recipient of Project l been highly successful in its efforts top(ac jobs such as truck driver, barber, tele"r arke and solar installer. The only limiting factQr:c funding. Relationships with local partners, 6; have proven to be invaluablelrjbupporting th occupational skills training, aridjq;rention. few Start f 0b. Locally, the project has parolee customers in employment in ,er, heavy equiolb..ent operator, welder, n our ability to se""' his population is peciallyahe Departn%ht;af Corrections, '5.O gstomers through Mir job search, 21.1-ocal areas must incorporate prio'r'ity ofservid'. for veterans and eligible spouses in acco, d n,ce with t11 , prov.. !p of 'T`1' lining and Employment Notice 15-10 (1I'i.11:?7 b) ::; .his requires veterans apd eligible spouses to receive service priority`:: over '`Y `:e ipients?-.?f:public `assistance and low-income individuals. Desprfbe what,'programs*'nd processes your local area is using to achieve these galls.::, J.WIA 'section 112(b)(17)(B), WIA Section 121 (b)ff (S Q) Ttie on-site Veters Errpjoyment ` S'pe'cialist at the WORK Center facilitates referrals.of veterans'6hd,elig'ible's.pouses to WiA programs with particular emphasis :.: on on-fh'. job training ft6brams ` he veterans and eligible spouses are given priority in referralM:emalove rs <_> 22. What role do Veterans Workforce Specialists and Veteran Employment Service Specialists havia i:i:_thelairal One-Stop system? How do you ensure adherence to the legislative 'requirements for veterans' staff? [Title 38 United States Code Part III, Chapter'41 and Title 20 CFR Part 1001.1201 Locally, Veterans Workforce Specialists and Veteran Employment Service Specialists are co-located at the WORK Center. Staff at the information desk are directed and trained to refer the appropriate individuals to these representatives. Veteran program staff will make recommendations to local one-stop partners to provide services to veterans. Additionally, they provide case management and other services consistent with legislative requirements. Page 13 of 18 19C-16 23. Describe and assess how you provide Wagner-Peyser Act services to the agricultural community. Specifically, how do you provide outreach, assessment and other services to migrant and seasonal farm workers, and services to employers? How do you provide appropriate services to this population in the One-Stop system? [Title 20 CFR 662.200(b)(1)(vi)] Outreach, assessment and other services to migrant and seasonal farmworkers and to employers are handled by specialized staff funded by EDD Wagner-Peyser. If clients are in need of additional services, Wagner-Peyser staff taps into the regular services provided by the WORK Center. If services are needed beyond the capability of the WORK Center, clients will be r(q.F to other organizations that specialize in services to this population. 24. Local areas may decide locally, based oW t ieir'0fribr years' experiences that they will need to change their strategip in order t i ttleet their performance gj? goals. Discuss any strategic changesn your local area;to meet performance goals. [Title 20 CFR Part 661.355] The Santa Ana WIB approved the particip t n, in. a lJbt program'With:.the State as a Learning Lab back in July,:b0•$, The pr`o'cess.:of enrolling all clients under the universal model has dramaildd ly<affected th?< 11V1.B's ability to meet its common measures. The WORK Centel ;grid` Santa AnaBi_ 'As acutely aware of this issue and has modified is internal process ai`dredirectingstaff resources in an effort to meet or exceed its sti t mandatec?'gbaIs for : :;-011-'iZ ' 25. Discuss any appiieowe c6ages to t 6':..local board structure (do not include changesa6specific'iricf[ua1s the` board). Please attach a copy of your local.::pylaws'=tk: t'eflec #h,ese cl ah s." title 20 CFR Part 661.355 and CUIC Section 14202] There 'tt a been no Wuctural`", nges to the Santa Ana Workforce Investment Board in th'61ast year. <:; •, Page 14 of 18 19C-17 MEMORANDUM OF UNDERSTANDING The WIA requires that a Memorandum of Understanding (MOU) between the local board and each of the One-Stop partners concerning the operation of the One-Stop delivery system be executed. A copy of each MOU must be included with the plan modification. [WIA Section 118(b)(2)(B)] The MOU may be developed as a single umbrella document, or as singular agreements between the partners and the board. The MOUs should present in specific terms, member contributions and the mutual methodologies used,in overseeing the operations of the One-Stop career center system. The MOU must describe: [WIA Section 121(c)(1),ard(2).and CUIC Section 14230(d)] • What services will be provided through. th, One-Stop 'system. • How the costs of services and op'eWpting costs will be funded, including cost- sharing strategies. Please include any Rpsource vharing Agr 6 ents. • What methods will be uteri ;Jpr refer operator and partners. • How long the MOU will be in • What proced.i"""""h • Other provisio ;:con • Th local>b'oard s po ;e tp rience N"' .:ould b ASSURANgE \ A. The Local Wdtk. orce In? l' treme administrative 61- B. The Local Workfor '`I Workforce Investment A [WIA Section 181(b)(7)] uals betweeff:" he One-Stop MOU, or as d d ng necessary by the local board. ,iduals who, because of their skills or to training services. Board assures that it will comply with the uniform :d to in WIA Section 184(a)(3). ,stment Board assures that no funds received under the will be used to assist, promote, or deter union organizing. C. The Local Workforce Investment Board assures that the board will comply with the nondiscrimination provisions of WIA Section 188. D. The Local Workforce Investment Board assures that the board will collect and maintain data necessary to show compliance with the nondiscrimination provisions of WIA Section 188. Page 15 of 18 19C-18 E. The Local Workforce Investment Board assures that there will be compliance with grant procedures of WIA Section 189(c). F. The Local Workforce Investment Board assures that funds will be spent in accordance with the Workforce Investment Act, written Department of Labor guidance, and other applicable Federal and State laws and regulations. G. The Local Workforce Investment Board assures that veteran workforce investment programs funded under WIA, Section 168 will be carried out in accordance with that Section. , H. The Local Workforce Investment Board assures;i>J,'Vill comply with future State Workforce Investment Board policies and guidei pies 4legislative mandates, or other special provisions as may be required under F-eder'al<law or policy, including the Workforce Investment Act or State legisl; tI( I. The Local Workforce Investment Boardassures that when allocated adult funds for employment and training activities are i5"j.ted, prioXity shall kie: given to veterans, recipients of public assistance and others ibwJncome' individuals:" intensive and training services. [WA Se:et_ipn.. 134(d)(4)( 18(b)(4), and .CUIC Section 14230(a)(6)] J. The Local Workforce Invest recognize and gq.Mply : ith employees located in `these labor organ izatlori :represdhf< (commencing withSection and CUIC:.S.ection 142331,, meitBoarclcertifies t at.,its One-Stop Centers will appl4c ble la3 or agree nts affecting represented nters. 4hjiis sh ; 4il' ?6610de the right to access by State hives p0MJU; nt to the-"`RWph Dills Act. [Chapter 10.3 12) of Division 4, of Title 1 of the Government Code, K. The' l,,* bal W&W.,., rce Investment B' 6M-, a sures that State employees who are located at the && Stop `Centers sh6flY remain under the supervision of their empl'6&9 departmei1t:i ;for tkie;:;purposes of performance evaluations and other matters' ncerning &)Y:':,servi6 rights and responsibilities. State employees erformin p d?..",;:ervices at Q?e-Stop ' Centers shall retain existing civil service and collective bargaining protR*t ons on matters relating to employment, including but not limited to: hiring pramotion"?discipline, and grievance procedures. L. The Local Workforce tiavestment Board assures that when work-related issues arise at One-Stop Centers between State employees and operators or supervisors of other partners, the operator or other supervisor shall refer such issues to the State employee's civil service supervisor. The One-Stop Career Center operators and partners shall cooperate in the investigation of the following matters: discrimination under the California Fair Employment and Housing Act [Part 2.8 (commencing with Section 12900) of Division 3, of Title 2 of the Government Code], threats and/or violence concerning State employees, and State employee misconduct. Page 16 of 18 19C-19 M. One-Stop Operator is responsible for administering One-Stop Center services in accord with roles to be determined by the Local Workforce Investment Board. The Local Workforce Investment Board assures that it will select the One-Stop Operator with the agreement of the CEO, through one of three means: 1. Through a consortium of at least three or more required One-Stop partners; or 2. Through competitive process such as a Request for Proposal; or 3. It may serve as the One-Stop Operator directly but only with the consent of the Chief Elected Official and the Governor. The only time these selection procedures arq?."y :pt' ',,.required is in the following circumstances inclusive: the One-Stop delivery system;<:Wwhich the operator is a part, existed before August 7, 1998; the existing One,. ,S'i syste includes all of the required One-Stop partners; and an MOU has be Wii'6xecuted wKidh[ ,_is consistent with the requirements of the Act. [WIA Section 121.4):{)(A), and Title 20 CF.R Part 662.410] Page 17 of 18 19C-20 PROGRAM ADMINISTRATION DESIGNEE AND PLAN SIGNATURES This Local Plan represents the City of Santa Ana Workforce Investment Board's efforts to maximize and coordinate resources available under Title I of the Workforce Investment Act (WIA) of 1998. This Local Plan is submitted for the period of accordance with the provisions of the WIA. Santa Ana Workforce I Chair uel A. Pulido Name Mayor Title Page 18 of 18 through June 30, 2012 in Chief Elected Official 19C-21 M WIA Local Plan Modification PY 2011-12 Local Area Santa Ana ? Modification # Date: 07/01/11 TITLE IB BUDGET PLAN SUMMARY' (Adult or Dislocated Worker) WIA 118; 20 CFR 661.350(a)(13) PROGRAM TYPE for PY 2011, beginning 07/01/11 through 06/30/12 n Grant Code 201120212031204 WIA IB-Adult ? Grant Code 501/502/5031504 WIA IB-Dislocated Worker F:UNDINGIDE.NTIFICATION> K178XXX Sub `rant IC282XXX S:ub rant 1. Year of Appropriation 2010 2011 2. Formula Allocation 1,356,958 1,205,859 3. Allocation Adjustment - Plus or Minus 4. Transfers - Plus or Minus 5. TOTAL FUNDS AVAILABLE (Lines 2 thru 4 1,356,958 1,205,859 TOTAL ALLQQATION-CC?ST- CATEGORY PLAN ............ 6. Program Services (sum of Lines 6.A thru 6.E 1,221,263 1,085,268 A. Core Self Services B. Core Registered Services 454,236 336,104 C. Intensive Services 130,241 216,706 D. Training Services 25,625 34,515 E. Other 611,161 497,943 7. Administration (Line 5 minus 6) 135,695 120,591 $. TOTAL (Line 6 plus 7) 1,356,958 1,205,859 QUARTERLY TOTAL EXPENDITURE PLAN (cumtafattve frorr? Sul , 7; 2010 aria Jul 1, 2Q11:res ectivel 9. September 2010 10. December 2010 271,391 11. March 2011 542,782 12. June 2011 814,173 13. September 2011 1,085,564 14. December 2011 1,356,958 241,170 15. March 2012 1,356,958 482,340 16. June 2012 1,356,958 723,510 17. September 2012 964,680 18. December 2012 1,205,853 19. March 2013 1,205,853 20. June 2013 1,205,653 COST COMPLIANCE` PLAN' maximum 10% 21. % for Administration Expenditures (Line 7/1-ine 5) 10% 10% Deborah Sanchez, WIB Administration 714-565-2621 10-Au -11 Contact Person, Title Telephone Number Date Prepared Comments: 1 Refer to 20 CFR Part 667.160 and WIA Directive WIAD01-10 for guidance and informallon regarding local area obligation rates, and recapture and reallocation policies and procedures. FWSD10-15B Page 1 of 1 Rev. 5120/11 19C-22 [1 WIA Local Plan Modification PY 2011-12 Local Area Santa Ana L1 Modification # Date: 07/01/11 TITLE IB BUDGET PLAN SUMMARY' (Adult or Dislocated Worker) WIA 118; 20 CFR 661.350(a)(13) PROGRAM TYPE for PY 2011, beginning 07/01/11 through 06/30/12 ? Grant Code 201/2021203/204 WIA 1131-Adult R) Grant Code 501/502/503/504 WIA [B-Dislocated Worker FUNDING IDENTIFICATION ' K178XXX'S'Ob rant K282XXX Sub rant 1. Year of Appropriation 2010 2011 2. Formula Allocation 836,749 795,36-1- -3. Allocation Adjustment - Plus or Minus 4. Transfers - Plus or Minus 5. TOTAL FUNDS AVAILABLE Lines 2 thru 4 836,749 795,301 TOTAL 'ALLOCATION;C08T CATEGORY PLAN 6. Program Services sum of Lines 6.A thru 6.E) 753,074 715,771 A. Core Self Services B. Core Registered Services 244,589 208,106 C. Intensive Services 90,399 , 134,429 D. Training Services 75,270 103,435 E. Other 342,817 269,801 7. Administration (Line 5 minus 6) 83,675 79,530 8. TOTAL (Line 6 plus 7 836,749 795,301 QUARTERLY TOTAL; EXPENDITU..RE E?- LAN (cumulative from Jul I 90,16,and Jul .1, 2011 res ectiVel 9. September 2010 10. December 2010 167,349 11. March 2011 334,698 12. June 2011 502,047 13. September 2011 669,396 14. December 2011 836,749 159,060 15. March 2012 836,749 318,120 16. June 2012 836,749 477,180 17. September 2012 636,240 18. December 2012 795,301 19. March 2013 795,301 20. June 2013 795,301 C.CST COMPLIANCE PLAN (naximu-m 10%) .' 21. % for Administration Expenditures (Line 7/1-ine 5) 10% 10% Deborah Sanchez, WIB Administration 714-565-2621 10-Aug-11 Contact Person, Title Telephone Number Date Prepared Comments: 1 Refer to 20 CFR Part 667.160 and WIA Directive WIAD01-10 for guidance and information regarding local area obligation rates, and recapture and reallocation policies and procedures. FWSD10-156 Page 1 of 1 Rev. 5/20/11 19C-23 WIA Local Plan Modification PY 2011-12 Local Area: Santa Ana ? Modification # Date: 04/01/11 TITLE 1B BUDGET PLAN SUMMARY' (Youth) WIA 118; 20 CFR 661.350(x)(13) PROGRAM TYPE for PY 2011, beginning 04/01/11 through 06/30/12 F.,] Grant Code 301/3021303/304 WIA IB-Youth F,UNDINGaDENTIFICATION K178XXX Stfb rant K282XXXSub rant 1. Year of Appropriation 2010 2011 2. Formula Allocation 1,409,639 1,381,816 3. Allocation Adjustment - Plus or Minus 4. TOTAL FUNDS AVAILABLE (Line 2 plus 3) 1,409,639 1,381,816 TOTAL ALLOCATION`COSVGATEG0RY'PLAN 5. Program Services sum of Lines 5A and 5B 1,268,675 1,243,634 A. In School 418,663 161,672 B. Out-of-School 30% 850,012 1,081,962 6. Administration (Line 4 minus 5) 140,964 138,182 7, TOTAL (Line 5 plus (3) 1,409,639 1,381,816 QUARTERLY TOTAL EXPENDITURE PLAN cunlulafive from A rifA, 201.0 and Aprf'1,, 2'611 respectivel 8. June 2010 9. September 2010 281,928 10. December 2010 563,856 11. March 2011 845784 12. June 2011 1,127,712 13. September 2011 1,409,639 276,363 14. December 2011 1,409,639 552,726 15. March 2012 1,409,639 829,089 16. June 2012 1,409,639 1,105,452 17. September 2012 1,381,816 18. December 2012 1,381,816 19, March 2013 1,381,816 20. June 2013 1,381,816 C4.ST,C:OMPLLANCEP..LAN ' 21. % for Administration Expenditures Line 6/1-ine 4 10% 10% Deborah Sanchez, WIB Administrator 714 565-2621 10-Aug-11 Contact Person, Title Telephone Number Date Prepared Comments: 1 Refer to 20 CFR Part 667.160 and WIA Directive WIADOI-10 for guidance and information regarding local area obligation rates, and recapture and reallocation policies and procedures. FWSD10-15C Page 1 of 1 Rev. 5/20/11 19C-24 WIA Local Plan Modification PY 2011-12 Local Area: Santa Ana Modification # Date: 07/01/11 TITLE IB PARTICIPANT PLAN SUMMARY WIA 118; 20 CFR 661.350(a)(13); TEGL 17-05 Plan the number of individuals that are in each category. Totals for PY 2010 07/01/11 through 06130112) AOU DCti? YOUTH 1. Registered Participants Carried in from PY 2010 502 308 3 2. New Registered Participants for PY 20111 310 250 100 3. Total Registered Participants for PY 2011 (Line 1 plus 2) 812 558 103 4. Exiters for PY 2011 600 200 100 5. Registered Participants Carried Out to PY 2012 (Line 3 minus 4) 212 358 3 PR9GRAM SERVICES 6. Core Self Services 4,200 1,800 7. Core Registered Services 310 250 8. Intensive Services 150 150 9. Training Services 70 70 -'_ YQ1 H.:ME1SlJRES - ?: - 10. Attainment of a Literacy and/or Numeracy Gain 51 11. Attainment of a High School Di loma, GED, or Certificate 62 Y ?L j EXIT-STATUS - :. 12. Entered Employment 366 130 67 12A. Training-related 183 78 1 13. Remained with Layoff Employer 14. Entered Military Service 15. Entered Advanced Training 16. Entered Postseconda Education 20 17. Entered Apprenticeship Program , 18. Returned to Secondary School 19. Exited for Other Reasons 1 Deborah Sanchez, WIB Administration 714-565-2621 40765 Contact Person, Title Telephone Number Date Prepared Comments: FWSD10-15D Page 1 of 1 5111 19C-25 R WIA Local Plan Modification PY 2011-12 Local Area: Santa Ana ? Modification # Date: 07/01/2011 WORKFORCE INVESTMENT ACT TITLE IB STATE NEGOTIATED LEVELS OF PERFORMANCE' WIA Requirement at Section 136(b)' PY 2009-10 PY 2010-11 PY 2011-12 Adults Entered Employment Rate 56% 56% TBD Employment Retention Rate 81% 81% TBD Average Earnings $13,000 $13,000 TBD Dislocated Workers - Entered Employment Rate 68% 70% TBD Employment Retention Rate 83% 83% TBD Average Earnings $15,900 $15,900 TBD Youth (ages 14.21) Placement in Employment or Education 69% 65% TBD Attainment of a Degree or Certificate 65% 61% TBD Literacy and Numeracy Gains 40% 40% TBD LOCAL NEGOTIATED LEVELS OF PERFORMANCE' WIA Requirement at Section 136(c)' PY 2009-10 PY 2010-11 PY 2011-12 Adults Entered Employment Rate 61.1% 61.1% TBD Employment Retention Rate 75.5% 75.5% TBD Average Earnings $11,800 $11,800 TBD Dislocated Workers Entered Employment Rate 58.9% 58.9% TBD Employment Retention Rate 83.0% 83.3% TBD Average Earnings $14,000 $14,000 TBD Youth (ages 14-21}. ::. Placement in Employment or Education 69% 65% TBD Attainment of a Degree or Certificate 65% 61% TBD Literacy and Numeracy Gains 40% 40% TBD 1 Guidance on state and local performance can be found on the U.S. Department of Labor (DOL) Employment and Training Administration Web site. Specific Training and Employment Guidance Letters (TEGL) include, but are not limited to 8-99, 11-01, and 17.05. For additional guidance, see Workforce Services Directives WSD08-6 and WSD10-11. 2 The DOL Employment and Training Administration approved California's waiver request to move from the statutory performance measures specified in WIA Section 136 to the common performance measures defined In TEGL 17-05. This waiver was initially approved for Program Year (PY) 2007-08 and was extended for PYs 2006.09, 2009-10, and 2010-11. FWSD10-15E Page 1 of 1 5/11 19C-26 Z 1- 7. 00 J -? 00 Qz? Z Lit 0 LL w 7-1 U F- z o LLLU T F- u) aa0 I- W :5 N Q v J Q J Q v u L L 'U O J O v E z z Q Z N x 42 LL! z o ° (D Cl T x ?a It Lo N 0) W IL - r? I tZ ' r- '-? 111 0 tT D DD C (0 VII - ' 00 00 00 00 to a ul NTN o II ? N r o t- N To e t- CV Loo ca - a 0) c ) - rn N r- CD Q . 2 CC oOQ 0Q Q U VU 0)U ar zw U T T 0) r aE?- CJ O a Q O Q <( 0 co cu cc m / y? w ./? / c,4 IL in 0-0 w m0n cu m0 W L- 0 2 L v I- J a (B o p _ ? L N Z v (4 i N > C.? ? E a v V Q w 0 L CO 5 IL a co J ? Z O H m a C: C: C: N Q Q Q d Z Q m c U) (n to O 0 0 o O U U U U L O L L z w C: Z5 (D EW E o- DD U` W Co :L-. LL a J Q O ..J Q Q 'i7 N U M j w a, ' 0 CO s ? U N ? ce. U i C v .- m qj .C ? N 0 N ? E ? c v ° Q N O ? a? U N c6 ? E o v - - c b a w c C C v co P N w c M ? v U s N ? Q.Q U ?U c N ca / V ? LL °.?.0 U ° p CM L 4- U) Q) 4- 0 co 19C-27 19C-28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 17, 2011 TITLE: DONATION OF SURPLUS TELEVISIONS TO SIX COMMUNITY VIDEO NETWORK PROGRAM PARTICIPANTS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s` Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the Finance and Management Services Agency to donate six surplus televisions to community video network program participants. DISCUSSION In 2006, the City entered into a three year agreement with CCN USA for a community video network marketing program at ten locations. The screens were located at the following locations within the City. 1 Bowers Museum 6 Knowlwoods Restaurant 2 City Hall 7 McDonalds (Edinger/Raitt) 3 Coastal Communities Hospital 8 Santa Ana College Bookstore 4 Crevier BMW 9 Regional Transportation Center 5 Southwest Senior Center 10 Western Medical Center The program has since ended, at the TV's are now the property of the City. Three TV's remain at City facilities, and the TV from the McDonald's location has been returned to the City. In order to minimize expenses and staff time, staff recommends donating the remaining six screens to Bowers Museum, Coastal Communities Hospital, Crevier BMW, Knowlwoods, Santa Ana College, and Western Medical Center. This will save on a contract expenses to remove the TV's, brackets, cabling, patch walls, texture match, and paint. The going rate for a used 50" flat screen TV with 2006 technology is approximately $300. The cost to remove the screen will be approximately $250 - $350, including contractor time to remove the TV and bracket, patch, texture match, and paint. This does not include the staff time needed to coordinate one or two job walks to the six locations. The businesses accepting the TV's will be fully responsible for maintenance and all other operational issues once they take ownership. 19D-1 Surplus TV Donation October 17, 2011 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. /'&? Gerardo Mouet, Executive Director Parks, Rec. and Com. Svcs. Agency 19D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: OCTOBER 17, 2011 TITLE APPROVED REQUEST FOR PROPOSALS FOR ? As Recommended DRAINAGE AND EMERGENCY ? As Amended CLEANUP SERVICES REQUIRED El Ordinance on 1S' Reading ? Ordinance on 2"d Reading UNDER THE NPDES STORMWATER ? Implementing Resolution PROGRAM ? Set Public Hearing For CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the Public Works Agency to send a Request for Proposals to qualified consultants to provide on-call services to comply with the requirements of the NPDES permit. DISCUSSION The Santa Ana Regional Water Quality Control Board (SARWQCB) under the Federal Water Quality Act has adopted the National Pollution Discharge Elimination System (NPDES) permit for storm water management. The NPDES permit controls the direct discharges that enter into navigable waters. Direct discharges or "point source" discharges are from sources such as storm drain pipes and sewers. Each City within the SARWQCB boundaries that is responsible for the maintenance of drainage facilities must comply with water quality regulations described in the NPDES permit. The NPDES permit requires that all drainage facilities are clean and clear of debris that could lead to pollution contributing to downstream water bodies. To meet the requirements of the NPDES fourth term permit, outside services and support will be required in the following areas: Catch Basin Cleaning Culvert Cleaning As Needed Emergency Cleanup Services Staff is requesting City Council approval to issue a Request for Proposals to qualified consulting firms, soliciting proposals to provide the required services (Exhibit 1). 19E-1 Request for Proposals For Support of the NPDES Program October 17, 2011 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with seeking proposals. Rau odinez II Executive Directo Public Works Agency RG/J P Exhibit 1: Scope of Work 19E-2 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR DRAINAGE AND EMERGENCY CLEANUP SERVICES 1. INTRODUCTION & BACKGROUND The City of Santa Ana Public Works Agency desires to enter into an agreement with a qualified consultant that has the ability to perform catch basin facility cleaning. The City of Santa Ana has prepared a Drainage Facility Inspection and Cleaning Program that the consultant must adhere to. The Consultant shall perform all work as set forth in the requirements of: Scope of Work below; Attachment A, Inspection and Cleaning Drainage Facilities Protocol; and submit an approved Health and Safety Plan further described below. A sample Health and Safety plan is attached as Attachment C. A citywide drainage facility map is attached as Attachment D. II. CONTENT OF PROPOSAL In order to maintain a uniformity with all proposals furnished by Consultants, it is hereby requested the proposals be limited to a maximum of 5 pages (excluding front and back covers, section dividers and resumes) and includes the following: A. A project understanding statement containing any suggestions or special concerns that the City should be made aware of, and a project approach containing any additional scope of work tasks you feel are necessary for the successful completion of the project. B. A project team organization chart identifying those who will perform work and their past experience including similar type projects in which they have been directly involved, along with a list of equipment owned by the company that will be used to perform the work must be submitted with this proposal. Identify the Project Manager (PM) proposed for this project. The PM will be the primary contact person to represent your firm. Sub-consultants, if any shall be identified with the same requirements as for the prime consultant. C. List of similar projects which your firm completed within the last 2 years. Project information should include project description, agency or client name along with the person to contact and the telephone number(s), year completed and project cost. D. Proposed schedule indicating stages of work, time frames, and ability to perform the required services in a timely manner. E. Fee shall be broken down by the following fees: (1) Cost per Catch Basin Cleaned. Cost shall include all costs required to remove, transport and dispose of all debris in a proper disposal facility. Cost Exhibit 1 19E-3 shall also include the proper implementation of traffic control measures which adhere to the Work Area Traffic Control (WATCH) handbook or approved traffic control required to divert traffic around maintenance equipment. The City of Santa Ana has 1657 catch basins within the City and the average catch basin opening is 10.5 feet. (2) Cost per drainage culvert cleaned. Cost shall include all costs required to remove, transport and dispose of all debris in a proper disposal facility. Cost shall also include the proper implementation of traffic control measures which adhere to the Work Area Traffic Control (WATCH) handbook or approved traffic control required to divert traffic around maintenance equipment. The City of Santa Ana has approximately 1600 drainage culverts within the City. Unit length of 25 foot of culvert will be used for bid cost purposes. Final pay will be base on actual length of culvert cleaned adjusted proportionally. F. Proposal submittal and signature. Five (3) copies of your proposal shall be signed by a company official with the power to bind the company in its proposal. All proposals must be completely responsive to the RFP. III. SCOPE OF WORK Drainage Facility Inspection & Cleaning Contractor shall: Commence inspection and cleaning of drainage facilities after proper execution of contract agreement. The City of Santa Ana has 1657 catch basins within the City, see attached Citywide map of catch basin locations(Attachemt D). Consultant shall clean all drainage facilities and be called upon on an as needed basis. A maximum 3 hour response time to request for cleaning will be required. Individual grid type maps will be provided for field use. 2. Set up proper traffic controls to inspect and clean the drainage facilities. 3. Remove manhole covers/grates to inspect and clean the drainage inlets/catch basins. Assistance may be requested from the City for manhole covers that are locked, stuck, or broken. 4. Record observations and measurements, and complete all sections of Catch Basin/Channel Inspection and Cleaning Log according to protocols as established by the City (See Attachment A and Attachment B). 2 19E-4 5. Clean the drainage inlets/catch basins using vacuum trucks. 6. Transport and dispose of collected debris from drainage facility to an appropriate disposal facility. 7. Submit the original completed Drainage Facility Inspection and Cleaning Logs to the City on a weekly basis after commencement of work. 8. Enter data collected for each catch basin (catch basin debris depth, catch basin interior length, catch basin interior width) into a Microsoft Excel spreadsheet provided by the City. Spreadsheet will calculate estimated volume of debris collected for each catch basin. Submit completed spreadsheets to the City on a weekly basis. 9. The Consultant must adhere to all of the requirements of the City of Santa Ana's NPDES(Stormwater) Permit while performing the work required for this contract. Health and Safety Plan The Contractor shall provide a copy of a Health and Safety Plan (HASP) for the inspection and cleaning scope of work. The City will provide a Health and Safety Plan (HASP) Template as guidance for the City Contractors providing drainage facility inspection and cleaning. However, the contractors will conduct their work activities under their respective HASP. See Attachment C for an example HASP. IV. CONSULTANT SELECTION COMMITTEE The City has established a Consultant Selection Committee to evaluate consultant's proposals. The evaluation of each proposal will be based on technical criteria and qualifications listed within the RFP, reference checks, and other information which will be gathered independently. V. ESTABLISHING OF FEES A fee proposal is to be submitted separately in a sealed envelope plainly labeled "Fee Proposal". The fee proposal will not be opened until the consultants have been evaluated by the proposal selection committee. In conformance with the Brooks Act, the City will select the consultant based on qualifications. The fee proposal should be determined based on section II(E) Content of Proposal, schedule, scope of work and past experience. VI. PROFESSIONAL SERVICES AGREEMENT A sample Professional Services Agreement is enclosed for your review, as Attachment "D". The RFP and the consultant's proposal will be attached and become part of the agreement as exhibits. 19E? 5 VII. INSURANCE REQUIREMENTS A certificate of insurance is enclosed for your reference as Attachment "E". Please refer to the sample agreement for the necessary amounts of general liability, automotive, and worker's compensation. The appropriate endorsements are also shown within the sample contract agreement. The certificate shall include the City of Santa Ana, its officers and employees as insured or additional insured. VIII. CITY RESPONSIBILITY The City of Santa Ana will be responsible for the following: A. Providing all available existing plans and records. IX. EXAMINATION OF SITE PRIOR TO SUBMITTING PROPOSAL Each consultant must inform himself fully of the conditions relating to the project and the employment of labor thereon. Failure to do so will not relieve a successful consultant of the obligation to carry out the provisions of the contract. X. RIGHT TO REJECT PROPOSALS A. The City of Santa Ana reserves the right to reject any or all proposals submitted and no representation made hereby that any contract will be awarded pursuant to this RFP or otherwise. B. All costs incurred in the preparation of the proposal, the submission of additional information and/or any aspect of a proposal prior to award of a written contract will be borne by the respondent. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind, which may be incurred by the respondent. All proposals submitted to the City of Santa Ana become the property of the City. XI. SCHEDULE The city's tentative schedule for this project is as follows: City Releases RFP October 17, 2011 Proposal Due November 4, 2011 RFP Review Period November 11, 2011 Tentative Council Award November 21, 2011 Upon issuance of Notice to Proceed, the Consultant shall submit a detailed schedule for the project. XIII. PROPOSAL SUBMITTAL DEADLINE Proposals are due in the office of the Executive Director of the Public Works Agency at 20 Civic Plaza, 3rd Floor, Public Works Counter Santa Ana, CA on or before 3:00 p.m. on November 4, 2011. 19E-6 6 XIV. ISSUING OFFICE Santa Ana Public Works Agency, office of the Executive Director. XV. ADDENDA Any subsequent changes in the RFP from the date of issuance to date of submittal will result in an addendum by the issuing office. XVI. PRIME CONSULTANT RESPONSIBILITIES The selected consultant will be required to assume responsibilities for all services offered in his proposal. The selected consultant will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. XVII. DELAYS The City reserves the right to delay scheduled dates if it is to the advantage of the City of Santa Ana. XVIII. PROJECT CONTROL Control of the project shall remain the total responsibility of the City of Santa Ana. XIX. RULES FOR PROPOSALS The signer of the proposal must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the principal proposer. XX. METHOD OF PAYMENT The consultant shall submit invoices to the City of Santa Ana. The invoice shall include a detailed breakdown of number of catch basin facilities cleaned, and must correspond to the weekly record of cleaning submitted by the consultant per the requirements of the scope of work. It should be noted that no more than 90 percent of the total payment amount will be made prior to the final completion and approval of all work. XXI. REGULATIONS The selected consultant shall be expected to comply with all applicable federal and state regulations, and contract provisions. The ensuing contract shall contain such contractual provisions and conditions necessary to define a sound and complete agreement. XXII. THE CITY'S AFFIRMATIVE ACTION PROGRAM The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business 5 19E-7 enterprises. All Submitting firms must have established affirmative action programs approvable by the City. The attached Attachment F, "Certification of Non-Discrimination by Contractors" shall be completed by each submitting firm and included in the proposal. 6 19E-8 Attachment A Inspection and Cleaning Drainage Facilities Protocol The procedures herein are established to act as a guideline for proper storm water management and infrastructure maintenance. However, they are not intended to be all inclusive. Emergency situations may call for actions outside of these policies, and such actions will be reviewed after completion and may be established as policy if necessary. The following are the general procedures for conducting drainage facility inspection and cleaning as approved by the City. Prior to commencement of work, each Contractor will provide a copy of its Health and Safety Plan for the inspection and cleaning work. Document Code 2. Each City Contractor will be provided the list of drainage facilities identified by Facility Identification ID and maps indicating the location of each drainage facility. 3. Documentation will be required for each drainage facility inspected and cleaned. The Catch Basin and Channel Inspection and Cleaning Log shall be used to document inspection and cleaning activities. After each catch basin drainage facility is located, the following procedures are to be followed: Catch Basin Inspection and Cleaning Protocol Catch Basin Inspection The Catch Basin Inspection and Cleaning Log is pre-printed with the Facility ID numbers. 2. Fill in name of inspector and date of inspection. 3. Fill in name of nearest cross-street(s). 4. Inspect the catch basin by removing the manhole covering. 5. Note the type of catch basin: Standard Type "B," Type "C," or "Other." (Refer to Figure B-1 or B-2). 6. Measure the interior dimensions of the catch basin (length and width). Provide units of measurement. 7. Check for the presence of a catch basin filter device. Note findings. A-1 19E-9 8. Note the inlet type - whether it has a curb inlet or inlet grate. 9. Note if debris is present - check "Yes" or "No." 10. Note any unusual debris accumulation or odor. Catch Basin Cleaning 1. Take measurement from the top of debris in the catch basin to the top of manhole access (Refer to Figure B-1/B-2). With a tape measure, measure, via the manhole access, from the top of the debris in the catch basin to the top of the manhole rior to cleaning (Pre-Clean Depth). 2. Clean the catch basin. [Note method used for removing debris (e.g., vacuum truck, other methods (specify), etc.]. 3. By the same method, measure from the bottom of the catch basin to the top of the manhole after cleaning the catch basin (Post-Clean Depth). 4. Calculate Debris Depth: Debris Depth = [Post-Clean Depth] - [Pre-Clean Depth] A-2 19E-10 Channel Inspection and Cleaning Protocol Channel Inspection 1. Fill in name of inspector and date of inspection. 2. Fill in name of nearest cross-street(s). 3. Fill in channel name 4. Note nearest cross street(s) 5. Note if debris is present: "Yes" or "No" 6. Note any unusual debris accumulation or odor. Channel Cleaning 1. Estimate the linear feet of channel cleaned. 2. Estimate debris volume (cubic feet) removed. For instance, if debris is bagged, then estimate the volume based on bag size (i.e., 30-gallon trash bags, etc). 3. Note method of debris removal: vacuum truck, hand removal, or other method. A-3 19E-11 19E-12 Attachment B 19E-13 City of Santa Ana Catch Basin Inspection & Cleaning Log Name of Inspector Date of Inspection Facility ID Cross Street(s) Catch Basin Inspection Catch Basin Type Type 'B' Type 'C' Other [Refer to Figure B-1 or Figure B-2] Dimension of Catch Basin (feet-inches x feet-inches) Filtered ElYes E]No Inlet Type Curb Grate Debris Present ElYes MNo Comment: (Note any unusual debris accumulation, odors, etc.) Catch Basin Cleanin Pre-Cleaning Depth Post-Cleaning Depth Debris Depth Method of Debris Removal Provide units (feet, inches, etc.) Provide units (feet, inches, etc.) [Post-clean depth] - [Pre-clean depth] Vacuum Truck El Other Method (Specify) B-1 19E-14 Figure B-1 TAKE PRE-CLEANING MEASUREMENT: Read Measurement Debris Catch Basin Type "B" - Longitudinal Section TAKE POST-CLEANING MEASUREMENT: Read Measurement atch Basin T e "B" - ongitudinal Section B-2 19E-15 Figure B-2 TAKE PRE-CLEANING MEASUREMENT: Read Measurement Debris Catch Basin Type "C" - Longitudinal Section TAKE POST-CLEANING MEASUREMENT: Read Measurement Catch Basin Type "C" - Longitudinal Section B-3 19E-16 BARS @ 6"C.C. TOP AND BOTTOM SLABS SLAB5 AT 6" C.C. 3 BARS, BEND INFIELD AS SHOWN 3/47C LEAK ;co TYPICAL SLOPE 'v?r I PER FT. PLA HAMBRA A-1532 WITH BOLTS OR APPROVED EQUAL. 22" CLEAR OPENING 2"CLEARANCE 1?r LEARANCE .4-2. ? SEE STD. GALV. STEPS q . 305A ? -?- RAD-4 a > Z R C.C. APRON ?. , ? ` ? 3 BARS Q I1" C.C. w 13 BARS @ 6„ C.C. tt o "RADIUS •° r SLOPE FLOOR ? OUTLET . TOWARDS OUTLET PIPE a v LONGITUDINAL SECTION NOTES' CROSS SECTION PLACE ONE I" DIAM. SUPPORTING BOLT FOR EVERY 7' LENGTH OF CATCH BASIN OPENING > SPACED EVENLY OVER THE ENTIRE OPENING. WHERE SIDEWALK EXISTS ADJACENT TO CATCH 'BASIN,TOP SLAB. SHALL 5E EXTENDED TO JOIN SIDEWALK. TRANSVERSE STEEL IN TOP SLAB SHALL EXTEND 12" BEYOND WALK. SEE STANOARD ""305 ? 305A FOR DETAIL OF CATCH BASIN INLET AND DEPRESSION. BACKFILL MATERIAL TO SUBGRADE SHALL BE SAND, PLACED A MINIMUM OF 2' LATERALLY AROUND STRUCTURE. rEOF KCVIJIV/rJNATUREOr CITY OF SANTA ANA IMPROVEMENT STANDARD STD. 8-72 Q? Q?' ? COVER AND ARMOR CHNG. . CATCH BASIN TYPE "B" NO. 7-74 ' BACKFILL NOTE N 10-74 (2'Zz4,J REV. W APPROVED (, ?' ,? CITY ENGINEER DATE IcIZz I65 0 NO. 3 BARS TOP AND BOTTOM SLABS A, 6" ON CENTERS NO. 3 BARS; BEND IN FIELD AS SHOWN W `I PLAN VIEW ALHAMBRA A-1532 WITH BOLTS N OR APPROVED EQUAL 22" CLEAR OPENING/ NOTE FOR TYPE `C' CATCH BASIN 1" IF `V' IS 4' OR LESS. WALL REINFORCEMENT MAY BE OMITTED. O 2. IF `V' IS MORE THAN 4', BUT 1 LESS THAN 8, USE SAME WALL REINFORCEMENT AS FOR TYPE `B' CATCH BASIN. co 3. BACKFILL MATERIAL TO SUBGRADE T SHALL BE SAND, PLACED A MIN- I OF 2'LATERALLY AROUND BASIN. PC" V LGALVSTEP E ° APRON ADIUS OUTLET F.T. PIPE ACE OF CURB 2'I -SEE STD. 6 305A N > v ".q 3/4 GALV. STEPS pJ 1. _18" ?- 3'- 0' vD:P a.d (v a - •,- cn?fl NOTES: CROSS SECTION PLACE ONE I" DIA. SUPPORTING BOLT FOR EVERY 7' LENGTH OF CATCH BASIN OPENING, SPACED EVENLY OVER THE ENTIRE OPENING. WHERE SIDEWALK EXISTS ADJACENT TO CATCH BASIN, TOP SLAB SHALL BE EXTENDED TO JOIN SIDEWALK. TRANSVERSE STEEL IN TOP SLAB SHALL EXTEND 12" BEYOND WALL. SEE STANDARD 305 AND 305A FOR DETAIL OF CATCH BASIN INLET AND DEPRESSION, wr of rrc viaw"D NATURE of CITY OF SANTA ANA IMPROVEMENT STANDARD STD. /vo. CATCH BASIN TYPE ` C 0 APPf EO , '? c G -p CITY EG/NEIDATE 31317ty '`' City of Santa Ana Channel Inspection & Cleaning Log Name of Inspector Date of Inspection Channel Name Cross Streets Provide segments cleaned (e.g., identify cross-street to cross-street) Additional Descriptive Location Information %?iianntPi inspection Debris Present YES NO Comment (Note any unusual debris accumulation, odors, etc.) v11a111it:i %..1edmn Linear Feet Cleaned Estimated Debris Volume Method of Debris Removal Provide units (feet) Provide units (cubic feet) Vacuum Truck M Hand-removal Other Method (Specify) B-6 19E-19 19E-20 Attachment C Sample Health and Safety Plan 19E-21 City of Santa Ana Drainage Facility Inspection & Cleaning Health and Safety Plan (HASP) EXAMPLE TEMPLATE CONTRACTOR NAME DATE 19E-22 Contents Section 1 Introduction .............................................................................................................1-1 Section 2 Project Health and Safety Personnel .................................................................. 2-1 Section 3 Work Activities Covered by Health and Safety Plan ...................................... 3-1 Section 4 Hazard Assessment ................................................................................................4-1 Section 5 General Health and Safety Requirements ......................................................... 5-1 5.1 Site and Safety Meetings ......................................................................................... 5-1 5.2 Incident Reporting ................................................................................................... 5-1 Section 6 Emergency Response Procedures and Information for Nearest Hospitals and Fire Departments ......................................................................... 6-1 Appendices Appendix A Health and Safety Plan Forms Appendix B Hospital Location Maps i 19E-23 Section 1 Introduction This Health and Safety Plan (HASP) identifies the health and safety procedures for work to be conducted for the City of Santa Ana drainage facility inspection and cleaning program. Implementation of a HASP is the responsibility of the CONTRACTOR Project Manager. The CONTRACTOR Project Manager is responsible at the work site by enforcing the requirements of the HASP and has authority to suspend work in order to protect worker health and safety. The CONTRACTOR Project Manager may suspend or limit work, or direct changes in work practice, if the HASP and/or work practices used are deemed inadequate. This plan is to be followed by all field personnel. All personnel included in the field activity shall be responsible for reading this plan and following its procedures. The CONTRACTOR will be responsible for providing health and safety management. This includes joint planning, management, site control, reporting and problem solving with the City of Santa Project Manager. The CONTRACTOR is also responsible for its employees in accordance with the CONTRACTOR's existing health and safely policies. 1-1 19E-24 Section 2 Project Health and Safety Personnel This section identifies key project health and safety personnel involved in the City of Santa Ana Drainage Facility Inspection and Cleaning. Table 2-1 presents the names, titles and phone numbers of these individuals. Table 2-1 Health & Safety Contact Information Title Name Number CONTRACTOR Health (xxx) xxx- xxxx (office) & Safe Manager Name xxx xxx-xxxx cell CONTRACTOR Project (xxx) xxx- xxxx (office) Manager Name xxx xxx-xxxx cell The specific responsibilities of these individuals in terms of health and safety are described below: CONTRACTOR Health and Safety Manager ¦ Oversees CONTRACTOR Health & Safety Program ¦ Review, approve or disapprove HASP ¦ Monitor compliance with HASP ¦ Conduct health and safety investigations as needed. CONTRACTOR Project Manager ¦ Assure project is performed in a manner consistent with the CONTRACTOR Health and Safety Program ¦ Assure that project HASP is prepared, approved, and properly implemented ¦ Assure that adequate resources are allocated to fully implement the project HASP ¦ Direct health and safety activities on-site ¦ Report all safety-related incidents or accidents to the CONTRACTOR Health and Safety Manager ¦ Maintain health and safety equipment on-site ¦ Implement emergency procedures as required 2-1 19E-25 Section 3 Work Activities Covered by Health and Safety Plan The general tasks performed by CONTRACTOR field crews will consist of: (1) inspecting storm drainage facilities (catch basins or channels); (2) measuring and documenting depth of accumulated debris; and (3) cleaning debris from each drainage facility. These activities will require CONTRACTOR crews to locate City of Santa Ana drainage facilities located in commercial, residential, and industrial areas. The main issues of concern are traffic/vehicle hazards, driving, heavy lifting (manholes covers), and potential heat stress. 3-1 19E-26 Section 4 Hazard Assessment and Site Specific Safety Requirements The main hazards associated with the work performed during drainage facility inspection and cleaning include being involved in a vehicle accident while driving to or from a drainage facility site or being struck by a vehicle while working at each drainage facility site. Other hazards include experiencing heat stress and slips, trips, and falls. Traffic hazards will be encountered when working at the site of or in a roadway. These hazards will be increased during times of reduced visibility. The primary threats associated with working in or alongside roadways are workers being struck by passing vehicles, involvement in vehicular collisions or being struck by flying debris from passing vehicles. The following guidelines should be followed to avoid traffic/ vehicular hazards: ¦ Use extreme caution ¦ Drive safely ¦ Implement appropriate traffic control - beacon, cones, signage, etc. ¦ Observe traffic - buddy system Additionally, the following protective equipment will be used during fieldwork by all field staff: ¦ Hard hat ¦ Reflective safety vest ¦ Closed toe shoes 4-1 19E-27 Section 5 General Health and Safety Requirements 5.1 Tailgate Safety Meetings All personnel assigned to perform work described in this HASP must be (1) given a personal copy of this HASP; (2) briefed on the health and safety requirements of this HASP by a CONTRACTOR Health and Safety Manager; and (3) acknowledge receipt and willingness to comply with provisions of the plan by signing the Employee Acknowledgement form in Appendix A. Individuals refusing to sign the agreement will not be permitted to conduct field work for this project. Completed agreements will be provided to the CONTRACTOR Project Manager, who will file them with the CONTRACTOR Health and Safety Manager. A tailgate safety meeting will be conducted prior to commencing drainage inspection and cleaning activities. 5.2 Incident Reporting All health and safety incidents shall be reported to City of Santa Ana Project Manager, CONTRACTOR Project Manager, and CONTRACTOR Health and Safety Manager immediately. The prompt investigation and reporting of incidents will reduce the risk of future incidents, better protect all field crews. Incident reports shall be prepared by completing an Injury/ Illness Report. This form may be obtained from the CONTRACTOR Project Manager and is located in Appendix A. 5-1 19E-28 Section 6 Emergency Response Procedures and Information for Nearest Hospitals and Fire Departments In the event of an injury, illness, or accident that may require the attention of a physician, the CONTRACTOR Health & Safety Manager, CONTRACTOR Project Manager, and City of Santa Ana Project Manager must be notified immediately. In the event of an emergency, the City of Santa Ana Project Manager and the City Health and Safety Officer will also be notified immediately: City of Santa Ana Joe Parco Project Manager: CONTRACTOR NAME Project Manager: CONTRACTOR Health & Safety Manager: NAME (xxx) xxx-xxxx (office) (xxx) xxx-xxxx (cell) (xxx) xxx-xxxx (office) (xxx) xxx-xxxx (cell) (xxx) xxx-xxxx (office) (xxx) xxx-xxxx (cell) If a person(s) is transported to a medical facility, the location of this facility must be given to the CONTRACTOR Health and Safety Officer. In emergency situations, field personnel should call 911 for an emergency response team. All contractors must be familiar with the location and route to the nearest hospital. Location maps and routes to local hospitals and fire departments are provided in Appendix B and must be carried in the field vehicle at all times. Local hospital and fire department contact information is listed in Table 6-1. Table 6-1 Hospital and Fire Information Hospital Name Location Directions Phone Number Fire Department Information From 405, Exit Coastal 2701 South Bristol Street, Go Call Fire Communities Bristol Ave, North for 714-754-5454 Dispatch for Hospital Santa Ana, 92704 approximately 2 emergencies: miles 911 6-1 19E-29 1001 N Tustin From 55, exit 17th Call Fire Western . Ave, Santa Ana and go west one 714-953-3500 -953-3500 Dispatch for Medical Center , 92705 block. Turn left emergencies: onto Tustin Ave 911 6-2 19E-30 Appendix A Health and Safety Form 19E-31 Injury/Illness Report Section 1- To be completed by Employee. Information about Injured, Ill, or Involved Employee: First Name: Last Name: SSN: Employee Number: Name of Firm: Address and Phone No.: Employment Category: Regular Full time L Regular Part time Temporary Ll Non-employee Length of Employment: In training 1 3-5 years l <6 months 5-10 years L 6 mos-1 yr 10-20 years L 1-3 years 20+ years Time in Occupation: In training L 3-5 years C: <6 months 5-10 years 7 6 mo-1 yr LI 10-20 years 1-3 years L1 20+ years Section 2 - To be completed by Employee. Information about Accident/lujur /Illness: Date of Accident/Incident Specific Location of Accident/Incident: Witness(es) to the Accident/Incident: Employee's Usual Occupation: Occupation at Time of Accident/Incident: Direct Manager /Supervisor Injury or Illness? Injury Illness Property Damage? 1 Yes No Vehicle Involved? Yes No Phase of Employee's Workday at Time of Injury: L Performing Work Duties L During Meals Entering or Leaving Workplace C Other Health And Safety Program Middle Initial: Sex: I M I F Age: Time: During Rest Period A-1 19E-32 Injury/Illness Report General Type of Task Being Performed at Time of Injury/Illness: Specific Activity Being Performed at Time of Injury/Illness: Employee Was Working: Alone With a Crew or Fellow Worker I Other Crew size: Supervision at Time of Accident: 11 Directly Supervised ? Indirectly Supervised 11, Not Supervised L Supervision Not Feasible Description of Accident: Recommendations for Corrective Actions: Name, Address, and Phone Number of Attending Physician (If Applicable): Name and Address of Hospital: Description of first aid or medical treatment provided to injured employee: Health And Safety Program A-2 19E-33 Injury/Illness Report Section 3 - Evaluation-of Accident, Illness or Incident Body Part Affected (circle all that are applicable): Abdomen Ear Head Ankle Elbow Heart Arm Eye Hips Back Face Kidneys, Intest. Brain Finger Knee Chest Foot Leg Digestive Hand Lungs Injury Type (circle al l that are applicable): Amputation Contusion Elec. Shock Asphyxia Crush/Bruise Fracture Burn/Chemical Cut/Puncture Freezing Burn/Heat Dermatitis Hearing Loss Concussion Dislocation Hernia Injury Source (circle all that are applicable): Air Pressure Clothing Heat Animals Coal/Petroleum Hoists Animal Product Cold Infectious Body Motion Drugs & Agents Boilers Medicines Ladders Boxes/ Electricity Liquids Containers Fire/Smoke Machines Buildings/ Food Products Molten Metal Structures Furniture Miner/Metallic Ceramics Glass Minerals/ Chemicals Hand Tool Nonmetallic Accident Type Code (circle all that are appl icable): Struck Against Fall on Same Rub/Abrasion Struck By Level Bodily Reaction Fall From Caught In/ Overexertion Elevation Between Electrocution Health And Safety Program Multiple Musc. Skel. Neck Nervous Sys. Scalp Shoulder Skull Heat Stroke Infect. Disease Inflammation Multiple Occ. Disease Noise Paper Particles Plants Plastics Power Tools Power Trans. Apparatus Pumps Radiating Substances Temp. Extremes Radiations/ Caustics Public Transport Thigh Toe Wrist Other _ Unknown Poisoning Radiation Scratch Sprain/Strain Other _ Unknown Soaps Silica Scrap/Debris Steam Textiles Vehicles/ Forklifts Wood Working Surfaces Other Unknown Motor Vehicle Other Unknown A-3 19E-34 Hazardous Conditions (circle all that are applicable): InjuryAllness Report Defects in Dress/Apparel Inadequately Placement Hazards Other Environmental Hazards Guarded Work Public Hazards Unknown Hazardous Procedures Environment None Accident Part Code (circle all that are applicable): Parts of Boilers Parts of Conveyors Hand Tools Parts of Vehicles None Parts of Buildings Parts of Hoists Power Tools Machines Other Place a check in the box of each factor that applies to this incident. EQUIPMENT - Was a Hazardous Condition a Contributing Factor? Lj Defect in Equipment/Tools J Hazardous Condition Not Recognized Hazardous Condition Not Reported Employee Not Informed/Job Procedure Not Specified ? No Equipment Inspection Procedure Inspection Procedure Failed to Detect Hazard Correct Equipment/Tools Not Used 1 l Correct Equipment Not Available 0 Employee Not Informed of Correct Equipment [J Substitute Equipment Equipment Design Contributed to Operator Stress/Error C Design/Quality of Tool Contributed to Hazardous Condition 11 Other/Unknown ENVIRONMENT - Was the Location/Position of Equipment, Materials, or Employee a Contributing Factor? 1 Location/Position Contributed to a Hazardous Condition Hazardous Condition Not Recognized Hazardous Condition Not Reported Employee Not Informed of Correct Job Procedure for Hazard Employee Did Not Belong in the Area Hazardous Condition Not Visible to Employee ? Insufficient Workspace 11 Poor Environmental Control -l Uncontrolled Release of Hazardous Material Other/Unknown PEOPLE - Was the Job Procedure(s) a Contributing Factor? Aggravation of a Pre-existing Condition No Written/Known Procedure i Job Procedure Inadequate Employee Not Trained on Proper Job Procedure Employee Deviated from Proper Job Procedure Employee Not Physically/Mentally Capable of Performing Job Job Procedure Too Difficult 1 Job Procedure Encourages Deviation F1 Other/Unknown Health And Safety Program A-4 19E-35 Injury/Illness Report PERSONAL PROTECTIVE EQUIPMENT (PPE) Employee not using PPE C' PPE Not Specified for Task 1-1 PPE Unavailable Employee Not Advised of PPE Employee Not Properly Trained in PPE PPE Used Incorrectly ? PPE Inadequate Emergency Equipment Not Specified (Shower, Eyewash, Etc) Ll Emergency Equipment Not Available ? Emergency Equipment Not Used ? Emergency Equipment Malfunctioned Other/Unknown MANAGEMENT - Was a Management Defect a Contributing Factor? Supervisor Failed to Detect/Anticipate/Report Hazardous Condition Supervisor Failed to Detect/Correct Deviations from Job Procedure I No Supervisor Review of Hazards and Job Procedures J Supervisor Responsibility Not Defined/Understood Supervisor Not Trained in Accident Prevention i Failure to Initiate Corrective Action for Known Hazard Other/Unknown OCCUPATIONAL HEALTH - Was a Chemical or Physical Agent a Contributing Factor? Physical Agent: Noise, Vibration ? Temperature Extremes Ionizing Radiation - X, Gamma, Beta, or Alpha Radiation I Non-ionizing Radiation - Microwave, Laser, Ultraviolet, or Radio Frequency ? Ergonomic - Repetitive Motion Trauma, Inappropriate Lighting, Glare, Incorrect or Insufficient Tooling, Benches, Seating Chemical Agent: ? Solvents Solvent Name 'I Acid, Bases Acid or Base Name Particulates Particulate Name I 1 Other Toxic Chemicals Chemical Name Biological Agent: I Microorganism Microorganism Insect Insect's Name Animal Animal Species Allergens Allergen Name Health And Safety Program A-5 19E-36 Injury/Illness Report CORRECTIVE ACTION(s) REQUIRED: ASSIGNED TO: Signatures: Direct Manager/ Supervisor Health & Safety Manager Human Resources Date Date Date Section 4 - To be filled out by Health and Safety Manager, Accident, Illness, Incident Classification: Injury/Illness Severity: OSHA Illness Code: ? First Aid Only ? Occupational Skin Diseases or Disorders ? Medical Treatment ? Dust Diseases of the Lungs ? Lost Workdays - Restricted Activity ? Respiratory Conditions Due to Toxic Agents ? Lost Workdays - Away from Work ? Poisoning ? Fatality Date: ? Disorders Due to Physical Agents ? Total Number of Lost Days: ? Disorders Associated with Repeated 't'rauma ? All Other Occupational Illnesses For Office Use Only: Case Nos. of Others Injured, Ill, or Involved in the Same Accident: Case No.: OSHA Recordable? Yes - No Region: Address: Project No.: Accident or Diagnosis Date: Health And Safety Program A-6 19E-37 Injury/Illness Report rnotos Kelating to AccideaVInjury (Make copies of this page as necessary.) Insert photos here. Health And Safety Program A-7 19E-38 Injury/Illness Report witness statement - To be completed by witnesses to the accident (Make copies of this page as necessary.) Name: Address: Employer: Position/Craft: Phone: This statement is in reference to: Site of accident (job name, location): Date of accident: Describe what you know about the accident, what you saw or heard, what you were doing before the accident, what you did after the accident (Use additional pages as necessary): This statement is true to the best of my knowledge and memory. Signature Health And Safety Program Date A-8 19E-39 Appendix B Hospital Location Maps 19E-40 Z c y Western Medical Center 1001 N Tustin Avenue Santa Ana, CA 7 D N N 55 JQ' ?c ?a ot` ?Q Coastal Communities Hospital 2701 S Bristol Street Santa Ana, CA Warner Avenue 19E-41 19E-42 ATTACHMENT D 19E-43 19E-44 Attachment E ACORiDM CERTIFICATE OF LIABILITY INSURANCE 0 D1/31/I20001 01 /31 / 01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY X111111111 01/01/2001 01/01/2002 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL L?IABILITY FIRE DAMAGE (Any one fire) $ 50,000 CLAIMS MADE L-? OCCUR MED EXP (Any one person) $ 5,000 - PERSONA 1 000 000 L & ADV INJURY , $ , - GE 2 000 000 NERAL AGGREGATE , , $ GEN'L AGGREGATE LIMIT APPLIES PER: PRO- PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY LOC AUTOMOBILE LIABILITY X ANY AUTO X222222222 01/01/2001 01/01/2002 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON-OWNED AUTOS BODILY (Peer r accident) nt) $ PROPERTY DAMAGE (Per accident) $ SEE ATTACHED ADDITIONAL GAR AGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO INSURED ENDORSEMENT EA ACC OTHER THAN $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE COVERAGES DEPEND ON TYPE AGGREGATE $ OF AGREEMENT/CONTRAC $ DEDUCTIBLE T RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY XXX333333333 01/01/2001 01/01/2002 X 'y`/C Srnru- oTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OTHER Professional Liability PL444444 01/01/2001 01!01/2002 E.L. DISEASE - POLICY LIMIT $ 1,000,000 Each Occurrence 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHIC LES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder is additional insured per attached. Project No.. (_F;0TICI!`ATC Unl MOO City of Santa Ana 20 Civic Center Plaza - Ross Annex (M- Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE ACORD 25-S (7/97) (a ACORD CORPOROTInN 19RA 19E-45 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 19E-46 ATTACHMENT F CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: 1. To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM NAME PRINTED NAME TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. 19E-47 19E-48 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 17,2011 TITLE: REQUEST FOR PROPOSAL FROM ORANGE COUNTY FIRE AUTHORITY FOR FIRE AND EMERGENCY MEDICAL SERVICES ) V k- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1St Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager to request a proposal from the Orange County Fire Authority for the purposes of outsourcing all fire and emergency medical services in an amount not to exceed $75,000. DISCUSSION The proposal request would explore the possibility to outsource all emergency fire, and emergency medical services, training, hazardous materials response, Urban Search and Rescue, Fire Prevention Communications and Dispatch services, Information Technology services, facility and apparatus maintenance and administrative support to the Orange County Fire Authority. City management and labor have both agreed to review and discuss all options presented by the Orange County Fire Authority. FISCAL IMPACT Funds in an amount of $75,000 are available in the City Manager's Office non-departmental (account #01105015-62300). APPROVED AS TO FUNDS AND ACCOUNTS: David Thomas Fire Chief Fire Department Francisco Gutierrez Executive Director Finance & Management Services Agency 19F-1 19F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 17, 2011 TITLE APPROPRIATION ADJUSTMENT ACCEPTING THE 2011 JUSTICE ASSISTANCE GRANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1St Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve an appropriation adjustment recognizing the 2011 Justice Assistance Grant in the amount of $132,275 into the revenue account (no. 12814002-52001) and appropriate same into the 2011 Justice Assistance Grant Expenditure account (no. 12814409-various). 2. Authorize the City Manager, Chief of Police, and the Clerk of the Council to execute an agreement with the County of Orange, Sheriff's Department to transfer the 2011 Justice Assistance Grant Program funds in the amount of $132,275. DISCUSSION The 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) program is the primary provider of federal criminal justice funding to state and local jurisdictions. It is a formula grant that blends the previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) programs. JAG requires a single unit of county government to function as the applicant/fiscal agent to apply for, receive, and administer the funds on behalf of the entire county. A memorandum of understanding designated the County of Orange, Sheriff-Coroner Department as the lead agency for this program. For FY 2011, $163,302 has been allocated for Santa Ana. The City agreed to allocate 10 percent of the total funding, or $16,330, to the Orange County Pro-Active Methamphetamine Laboratory Investigative Team to supplement their resources. JAG also allows the fiscal agent for each county to use a portion of the award for costs associated with administering the funds. The Orange County Sheriff-Coroner Department will retain $14,697 (9.0 percent) for administrative fees. The remainder of the funds in the amount of $132,275 will be utilized by the Police Department to fund personal overtime and frontline law enforcement safety equipment as needed. 20A-1 2011 JUSTICE ASSISTANCE GRANT October 17, 2011 Page 2 FISCAL IMPACT The appropriation adjustment will enhance the 2011 JAG revenue account (no. 12814002-52001) by an amount of $132,275 and increase the same into the 2011 JAG Expenditure account (no. 12814409-various). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police Police Department Francisco Gutierrez Executive Director Finance & Management Services Agency 20A-2 1 2 31' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT TO TRANSFER FUNDS FOR 2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM THIS AGREEMENT is entered into this day of 2011, which date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and a municipal corporation, hereinafter referred to as "SUBGRANTEE." WHEREAS, COUNTY, acting through its Sheriff-Coroner Department, hereinafter referred to as SHERIFF, in its capacity as the lead agency on behalf of sixteen units of local government, including SHERIFF and SUBGRANTEE, has applied for, received and accepted the Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (hereinafter referred to as "the grant"). WHEREAS, the purpose of the grant is to supplement the resources available to the multi agency Orange County Pro-Active Methamphetamine Laboratory Investigative Team (PROACT), and to various programs designated to prevent and control crime within the County of Orange that are operated by individual agencies included in the above-referenced sixteen units of local government, as set forth in Attachment A hereto (Program Narrative in the grant MOU), which is attached hereto and incorporated herein by reference. WHEREAS, the terms of the grant require that certain grant funds be transferred to SUBGRANTEE to be used for the grant purposes, which may include local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for law enforcement, as more particularly described in Attachment A hereto. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. COUNTY shall transfer to SUBGRANTEE grant funds, in arrears, as necessary to reimburse SUBGRANTEE for reasonable and permissible expenditures for the grant purposes. In order CFDA 16.738 FY201 I JAG Program U.S. Department of Justice Pagel of 5 20A-3 2 3 to obtain grant funds, SUBGRANTEE shall comply with the instructions and submit to SHERIFF all required information and documentation, as set forth in Attachment B hereto ("How to Apply for JAG Grant Reimbursements"), which is attached hereto and incorporated herein by reference. In no event will the total amount of the grant funds transferred by COUNTY to SUBGRANTEE hereunder exceed SUBGRANTEE's allocation, as set forth in Attachment C hereto ("JAG Program Allocation"), which is 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 attached hereto and incorporated herein by reference. 2. SUBGRANTEE shall be reimbursed with said grant funds only for expenditures necessary to acquire personal property or equipment as set forth in Attachment A hereto [herinafter called "grant property and equipment"] or to perform such other grant functions, if any, for which Attachment A specifies that SUBGRANTEE may utilize grant funds. 3. Throughout their useful life, SU 3GRANTEE shall use grant property and equipment only for grant purposes in accordance with Attachment A hereto. 4. SUBGRANTEE shall exercise due care to preserve and safeguard grant property and equipment from damage or destruction and shall provide regular maintenance and such repairs for grant property and equipment as are necessary, in order to keep said grant property and equipment continually in good working order. 5. If grant property or equipment becomes obsolete, SUBGRANTEE shall dispose of it only in accordance with the instructions of COUNTY or the agency from which COUNTY received the grant funds. 6. SUBGRANTEE shall submit to the COUNTY grant program reporting documents and information in accordance with requirements set out in Attachment D ("Edward Byrne Memorial Justice Assistance Grant Reporting Requirements"), which is attached hereto and incorporated herein by reference. 7. SUBGRANTEE shall comply with all applicable terms of the certification(s) that are attached hereto as Attachment E and incorporated herein by reference. 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound by this Agreement and all applicable provisions of Attachments A, B, C, D and E hereto. CFDA 16.738 FY2011 JAG Program U.S. Department of Justice Page 2 of 5 20A-4 1 2 I 3' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUBGRANTEE shall notify COUNTY immediately upon discovery that it has not abided or no longer will abide by any applicable provision of this Agreement or Attachments A, B, C, D or E hereto. 9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State Auditor General with respect to this Agreement for a period of three years after final payment I hereunder. 10. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and the agency from which COUNTY received grant funds, and their elected and appointed officials, officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with SUBGRANTEE's performance of this Agreement, including Attachments A, B, C, D and E hereto, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by SUBGRANTEE in the performance of this Agreement, including Attachments A, B, C, D and E hereto. 11. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 12. SUBGRANTEE may not assign this Agreement in whole or in part without the express I I written consent of COUNTY. 13. For a period of three years after final payment hereunder or until all claims related to this Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all documents, papers and records relevant to the work performed or property or equipment acquired in accordance with this Agreement, including Attachments A, B, C, D and E hereto. For the same time period, SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency from which COUNTY received the grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request, during usual working hours. CFDA 16.738 FY2011 JAG Program U.S. Department of Justice Page 3 of 5 20A-5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. SUBGRANTEE shall provide to COUNTY all records and information requested by COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be required to provide to the agency from which COUNTY received grant funds or other persons or agencies. 15. COUNTY may terminate this Agreement and be relieved of the payment of any consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained in this Agreement, including the applicable terms of Attachments A, B, C, D and E hereto, at the time and in the manner herein provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY. 16. SUBGRANTEE and its agents and employees shall act in an independent capacity in the performance of this Agreement, including Attachments A, B, C, D and E hereto, and shall not be considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which COUNTY received grant funds. // // // // // // CFDA 16.738 FY2011 JAG Program U.S. Department of Justice Page 4 of 5 20A-6 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, State of California. DATED: R4 ? , 2011 APPROVED AS TO FORM: COUNTY COUNSEL B Nicole Sims, Deputy DATED: ?-// 7 , 2011 DATED: , 2011 COUNTY OF ORANGE, a political subdivision of the State of California By Sandra Hutchens, heriff- oroner Sheriff-Coroner,; epartment "COUNTY" 0040 Y SUBGRANTEE By Name and Title City ATTEST: City Clerk DATED: , 2011 CI FDA 16.738 FY201 l JAG Proeram U.S. Department of Justice AWSOM AS TO NORM 1 /11" '[! A L ASW*M City A Page 5 of 5 20A-7 20A-8 ATTACHMENT A 2011-DJ-BX-2532 BJA FY 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program PROGRAM NARRATIVE General Description of Program Activities: The Edward Byrne Memorial Justice Assistance Grant (JAG) funds will be utilized to support a broad range of activities to prevent and control crime within the County of Orange. The County of Orange has been certified disparate; therefore, this joint application includes sixteen units of local government for which the applicant and fiscal agent is the County of Orange. The JAG funds will be utilized for the purpose areas outlined in the grant solicitation. The sixteen units of local government in the jurisdiction will utilize the funds for local initiatives, technical assistance, training, personnel, equipment, supplies, and contractual support and information systems for criminal justice within the following purpose areas: law enforcement, prosecution and court, prevention and education, corrections and community corrections, drug treatment, and planning, evaluation and technology improvement. The expenditure details of the funds for each city are outlined in the following narrative. 2011-DJ-BX-2532 Page 1 of 38 20A-9 ATTACHMENT A 2011-DJ-BX-2532 Multi-Agency Funding: In a collaborative effort to benefit the County of Orange, the sixteen units of local government involved in this grant application have agreed to utilize $36,749 (approximately 6%) of the total funding to supplement the multi jurisdictional Orange County Pro-Active Methamphetamine Laboratory Investigative Team, hereafter referred to as PROACT. Program Narrative: Outline the Proposed program activities - Methamphetamine is the primary drug investigated by local, state, and federal law enforcement agencies within the boundaries of Orange County. Successful clandestine methamphetamine laboratory investigations require acquired expertise and are extremely time consuming and labor intensive. Local law enforcement agencies do not have the resources, specialized training, or safety equipment necessary to conduct the specialized investigations required to combat these types of operations. The labs themselves are toxic and explosive in nature. Children of clandestine laboratory operators and meth users are often forced to live in an environment of toxic chemicals with lasting effects on their overall physical and mental health. PROACT will investigate all clan lab incidents within Orange County while maintaining a close liaison with local agencies. These agencies will forward intelligence to PROACT for review, evaluation, and subsequent enforcement action. PROACT will integrate city law enforcement agencies, the Sheriff's Department, the District Attorney's Office, the Bureau of Narcotic Enforcement, the Probation Department, as well as Child Protective Services to conduct criminal investigations of clandestine methamphetamine laboratory operators, suppliers, and traffickers. PROACT personnel will initiate investigations, conduct covert surveillances, conduct parole and probation searches, execute search warrants, and arrest criminal perpetrators. PROACT distinctively focuses on disrupting and eliminating individuals and criminal cells responsible for providing both the precursor and essential chemicals that are required to manufacture methamphetamine. hi essence PROACT functions as the sole and highly unique "proactive" effort against the entire clandestine methamphetamine laboratory hierarchy, within and having a nexus to Orange County. Provide a brief Analysis of the need for the programs - Precursor chemical smurfing has emerged as the preeminent source of pseudoephedrine for methamphetamine production in the Southwest Region. Recent law enforcement investigations in California suggest that organized precursor chemical smurfing organizations are supplying large quantities of pseudoephedrine to methamphetamine laboratory operators. These operations are composed of numerous individuals who make multiple purchases of products containing pseudoephedrine from pharmacies, drug stores, and retail outlets. These products are then sold to chemical precursor brokers who sell them directly to methamphetamine laboratory operators. The success of drug market disruption is due in large part to the tireless work of state and local law enforcement agencies and the task forces they comprise. Any diminishment of law enforcement pressure will enable these criminal groups in California to resurge resulting in the production and distribution of higher purity ice methamphetamine. According to state and local law enforcement agencies, the threat associated with methamphetamine trafficking and abuse exceeds any other drug. Methamphetamine-related criminal activity has increased concurrently with the rise in the overall threat posed by the trafficking and abuse of the drug. The impact of the manufacturing, trafficking, and use of 2011-DJ-BX-2532 Page 2 of 38 20A-10 ATTACHMENT A 2011-DJ-BX-2532 methamphetamine has been devastatuig to many cities and rural counties throughout the country. State and local law enforcement agencies identify methamphetamine as the drug that most contributes to violent crime. Methamphetamine critical incidents occurring in Orange County have and continue to represent the majority of all narcotic incidents occurring within the county. Goal: The goal of the PROACT Task Force is to pro-actively seek out and eradicate all clandestine methamphetamine labs and methamphetamine in Orange County, thus providing a safer community for the residents, employees and visitors within the County. The objectives of the PROACT Task Force are to reduce the availability of methamphetamine in Orange County, improve public safety in Orange County by eradicating hazardous clandestine methamphetamine labs, and identify, disrupt and arrest suppliers of methamphetamine precursor and essential chemicals Strategies to be used for project: PROACT Task Force personnel will initiate investigations, conduct covert surveillances, conduct parole and probation searches, execute search warrants, and arrest criminal perpetrators. PROACT has and will continue to distinctively focus on disrupting and eliminatuig individuals and criminal cells responsible for providing both the precursor and essential chemicals that are required to manufacture methamphetamine. PROACT will continue to utilize innovative investigative techniques in an attempt to identify and apprehend methamphetamine clandestine laboratory violators. Examples of techniques used include; reverse stings of lab apparatus and essential chemicals; use of GPS tracking devices; pursuing electronic eavesdropping investigations, pursuing internet chemical sources, as well as continuing to assist and enter into partnerships with Orange County law enforcement agencies at all levels of pro-active investigations. PROACT will will continue to maintain an ongoing training profile in an attempt to stay current with all progressive case law and new investigative techniques, as well as new safety procedures. Finally, the PROACT Task Force subscribes to the philosophy that the very existence of methamphetamine laboratories boils down to a three-pronged cycle (Facilitation, Manufacturing and Distribution). Utilizing this philosophy, PROACT continues to focus on disrupting each of these prongs. A significant focus has been placed on the disruption of pseudoephedrine suppliers, particularly "smurfers" and brokers by prosecuting them in federal court, thereby reducing the amount of precursor chemicals available to methamphetamine laboratory operators, and ultimately the methamphetamine supply in Orange County. Proiect identifiers: See JAG Identifiers (attached) Meth labs Funding: TOTAL PROACT ALLOCATION (6.06%): $36,749 2011-DJ-BX-2532 Page 3 of 38 20A-11 ATTACHMENT A 2011-DJ-BX-2532 County/OCSD: The County of Orange proposes to use the 2011 Justice Assistance Grant funding as follows: The Orange County Sheriffs Search and Rescue Unit is responsible for managing urban and wilderness searches for missing persons, supporting the safe detection and apprehension of fleeing suspects, and is capable of searching for and rescuing victims of collapsed structures. The Unit conducts operations in all urban areas of the county as well as in the Trabuco District of the Cleveland National Forest. The team has deployed to every city in Orange County. The bloodhounds and air scenting dog are routinely deployed throughout southern California. The Unit is a registered mutual aid resource with the California Emergency Management Agency (Cal/EMA) and is frequently called to assist with missions in other counties. The vehicles assigned to the Search and Rescue unit are used for transporting personnel, equipment and search K-9's to a variety of urban and wilderness search and rescue missions. The Unit currently performs its first responder duties using UHF radio equipment. To be able to communicate with Sheriff, Fire, and other first responder agencies at an incident, a complicated "patching" arrangement is required, which is frequently impossible due to the remoteness and rugged terrain of much of the Unit's activity. In these situations, the Search and Rescue team is unable to communicate with other responders. To address this deficiency, the Sheriff's Search & Rescue Unit proposes to utilize the available JAG funds to procure 3 mobile 800 MHz encrypted radios, to be installed in three of the Unit's supervisory vehicles. These radios will enable the Unit to directly access the Coordinated Countywide Communications System (CCCS), as other Sheriff, Fire, and other aero and ground responders to these incidents do, resulting in their communications being completely interoperable. Purpose Areas: The Purpose Areas this procurement will Support are: 1.) Program Planning, Evaluation, and Technology, 2.) Law Enforcement, and 3.) Crime Prevention & Education. Program Narrative: Outline the Proposed program activities - Procure 3 mobile 800 MHz encrypted radios; install in three of the SAR Unit's supervisory vehicles. Provide a brief Analysis of the need for the programs - The Orange County Sheriff s Dept. Search & Rescue (SAR) Unit currently performs its first responder duties utilizing UHF-band radio equipment. To be able to communicate with Sheriff, Fire, and other first responder agencies at an incident, a complicated "patching" arrangement is required, which is frequently impossible due to the remoteness and rugged terrain of much of the Unit's activity. In these situations, the Search and Rescue team is unable to communicate with other responders. This project will assist the SAR Unit in operating at maximum efficiency in concert with other OCSD as well as other agencies' resources. Goals of the project: The goal of the project is to equip three of the SAR Unit's supervisory first-responder vehicles with 800/700 MHz mobile radios. This will enable these vehicles to communicate with the radios of other Orange County law, fire, lifeguard, and other agencies for the purpose of incident coordination and 2011-DJ-BX-2532 Page 4 of 38 20A-12 ATTACHMENT A 2011-DJ-BX-2532 response. An additional benefit of procuring these radios is that they are also capable of operating on the 700 MHz band, thus enabling direct conununication with outside agency mutual aid resources which could be jointly deployed on an incident. Strategies to be used for proiect: Not applicable. The project consists only of procurement and installation of the equipment. Proiect identifiers: Program Planning, Evaluation, and Technology: Communications Data Sharing & Linkage Equipment = Tactical System Improvements Law Enforcement: Canines Officer Safety Crime Prevention & Education: Missing Children Budget and Budget Narrative: Outline how JAG funds will be used to support and implement the program. Include a breakdown of costs (i.e. Personnel, Training/Travel, Equipment, Supplies, Consultants/Contracts, & an Other category) $13,720 will be used solely for the procurement of the three mobile radios. No other costs are involved. Timeline and/or project plan: Identify when the goals and objectives will be completed. Procurement and installation of the equipment will take approximately 16 weeks. Funding: Total Allocation: $16,938 PROACT Contribution: (10%) $1,694 Administrative Fee (9%): $1,524 Funds Retained by City/County: $13,720 2011-DJ-BX-2532 Page 5 of 38 20A-13 ATTACHMENT A 2011-DJ-BX-2532 City: Anaheim The City of Anaheim proposes to use the 2011 Justice Assistance Grant funding as follows: Purpose Areas: Corrections & Community Corrections/ Law Enforcement Program Narrative: The Anaheim Police Department would like to use JAG funding to support the medical services provided by the Detention Facility. The Police Department has created a partnership with the Orange County Health Agency to contract one full time Registered Nurse at the Detention Facility. We would like to use the JAG funding to support the onsite Registered Nurse position. The onsite Registered Nurse will be able to treat arrestees with minor injuries and/or illnesses quickly and efficiently without leaving the Detention Facility. Currently, about 700 medical transports are made annually for arrestees who do not have an urgent need for medical care. Having an onsite Registered Nurse will eliminate the need for these time-consuming transports. This will allow police officers to spend more time in service on patrol and less time at the hospital. Lastly, security issues with arrestee custody in the hospital and during transportation will be eliminated. We would also like to give one percent of our allocated funds to support our contract with the Community Services Program (CSP), Inc. The Anaheim Police Department and CSP, Inc. have collaborated on a gang prevention program named Gang Reduction, Intervention, and Prevention Program (GRIP). This program has been implemented in a number of elementary and junior high schools within Anaheim. This program success is due to its collaborative approach to gang prevention, education and community building. Goals of the proiect: The use of the onsite Registered Nurse will increase the number of productive hours that patrol officers spend on the streets, and will also eliminate the burden placed on local hospital emergency rooms to treat arrestees who do not truly need urgent care. Significantly monetary and time savings will be realized by both the Police Department and the local hospitals. The additional funding provided to CSP, Inc., will allow staff to meet with additional at risk students and their families, in hopes of reducing the number of students that join gangs at a young age. Strategies to be used for proiect: With an onsite Registered Nurse, simple diagnosis and issuance of minor medications can be made without leaving the Detention Facility. The Police Department will have immediate access to a trained physician, and will be able to effectively communicate with the individual. Police Officers will spend less time transporting non-critical arrestees to the hospital and will have more time to patrol the streets and respond to calls for service. Both Anaheim and CSP hie. staff will collaborate with individual teachers, school administrators, and the Orange County District Attorney at each targeted school. Members will meet monthly to intervene with at risk students and their parents. The multi-disciplinary team approach will be used to address the student's problematic behavior. Progress is then monitored by the CSP case manager and reported back to the team on a 30, 60, 90 day interval. 2011-DJ-BX-2532 Page 6 of 38 20A-14 ATTACHMENT A 2011-DJ-BX-2532 Project identifiers: Detention (Non-Residential)/ Gangs Budget and Budget Narrative: The cost to contract a Registered Nurse through the Orange County Health Agency is approximately $110,000 annually. We would like to fund a portion of this position with the grant funds. Due to budget reductions throughout the City, the Police Department is unable to fully fund the Registered Nurse at this time Additionally, Anaheim will be allocating one percent or $1,185 to fund our contract with CSP, Inc. Timeline and/or project plan: The Police Department would like to Bold a portion of the Registered Nurse Services and CSP, Inc. contract by October 1, 2011. Funding: Total Allocation: $ 118,537 PROACT Contribution: (4%) $4,741 Administrative Fee (9%): $ 10,668 Funds Retained by City/County: $ 103,127 2011-DJ-BX-2532 Page 7 of 38 20A-15 ATTACHMENT A 2011-DJ-BX-2532 City: Buena Park: The City of Buena Park proposes to use the 2011 Justice Assistance Grant funding as follows: Purpose Areas: --- Law Enforcement --- Program Planning, Evaluation, and Technology Program Narrative: Outline the Proposed program activities - Purchase of cellular service receiving antennas, repeaters, wiring, and installation for the Buena Park Police Department two-story building. Total Cost Estimate: $25,000 Provide a brief Analysis of the need for the programs - The construction of a new 66,000 square-foot two-story Buena Park Police Department building was completed in December of 2009. Police Department personnel moved into the new building that same month. Although the new building is entirely above-ground, the required materials to construct the new PD (mostly metal framing) blocks cellular and radio service coverage inside the building. Our radio communication equipment and Mobile Data Computers (MDC's) operate on the Sprint network, which uses `CDMA' and `iDen' technology to provide service. Once this issue was discovered, Sprint carne out and installed the necessary antennas, amplifiers, and repeaters in order to get coverage for Sprint network. All the other major service providers (i.e. Verizon, AT&T, T-Mobile, etc) use a different technology than Sprint. The technology used by these other companies is very similar amongst them, while the Sprint technology is entirely different. The Emergency Operations Center (EOC) for the City of Buena Park is located within the new Police Department building. When the City Council, Department Heads, and other stakeholders for the City meet in the EOC, anyone with a cellular phone that is not on the Sprint network cannot make or receive phone calls. This is very problematic - especially in the event of an emergency, either via natural causes such as an earthquake or flood or through criminal activity such as a terrorist attack. As past emergencies have taught us, sometimes cellular services get jammed at the time of the emergency and the best way to communicate with other emergency responders is through texting on cell phones. In late May of 2011 at about noon, the entire Orange County 800Mhz radio system went down for about an hour. The Buena Park Police Department (and all other O.C. agencies) had to quickly come up with a contingency plan in order to communicate with the police officers in the field: In our case, we tried to have our dispatchers communicate with officers in the field via cellular phones. Unfortunately, many on-duty dispatchers were unable to use their cellular phones as they were not on the Sprint network. 2011-DJ-BX-25 32 Page 8 of 38 20A-16 ATTACHMENT A 2011-DJ-BX-2532 Police officers often enter the PD facility in order to book an arrestee, handle paperwork, talk to their supervisor, book evidence, write reports, or for a variety of other reasons. Officers inside the station may need to be contacted via their cell phone. When the officers are in the field, this is not an issue. However, once at the police facility, those officers with cellular phones not on the Sprint network cannot be reached. This is an officer-safety issue, especially if the officer is not answering their radio. When one of our officers arrests a suspect and brings them to the jail at the new police facility, the officer often looks through the suspect's cellular phone to see if there is anything of evidentiary value. Oftentimes, co-conspirators and/or those with valuable information about the case will call the arrestee on his/her cellular phone. Unfortunately, unless the arrestee's cellular phone is on the Sprint network, those valuable phone calls are never received and the arresting officer doesn't have the opportunity to utilize the suspect's cellular phone as an investigative tool toward solving crimes and/or determining guilt or innocence. Goals of the proiect: The goal of this JAG request is to install the needed antennas, amplifiers, and repeaters at the Buena Park Police Department facility so that there is cellular phone service coverage for all other major service providers, such as: Verizon, AT&T, T-Mobile, etc. Since all of these other major service providers operate using the similar technology, one set of antennas wired to the requisite amplifiers and repeaters will provide coverage for all of the other major service providers. Sprint coverage will continue to be maintained through the previously- installed antenna, amplifies, and repeaters that already work with their proprietary technology. By doing so, our police services, terrorism preparedness, communications, and handling of emergencies will be greatly enhanced as people will be able to communicate as expected through their cellular phones - especially during an EOC activation or terrorist event. Strategies to be used for project: To accomplish the Buena Park Police Department's 2011 JAG project goal, we will obtain quotes from qualified vendors who have the needed expertise to install and test the needed equipment to accomplish our goal. The equipment needs to provide adequate cellular service coverage in all areas of the department and the equipment needs to be able to handle a large quantity of cellular calls simultaneously, such as would be needed in the case of an emergency or an EOC activation or terrorist event. Proiect identifiers: See JAG Identifiers (attached) • Law Enforcement - Officer Safety Having cellular service coverage for all of the major service providers will enhance officer safety in case of the loss of radio communication and/or needing to reach an officer who is at the station but not answering their radio. • Law Enforcement - Policing Officers often use their cellular phones as a method to communicate with the public - and vice versa. Officers inside the Buena Park police building need to have cellular coverage for their particular service provider in order to provide a higher quality of service to the public. 2011-DJ-BX-2532 Page 9 of 38 20A-17 ATTACHMENT A 2011-DJ-BX-2532 When processing an arrestee, the suspect's cellular phone often contains valuable information that the officer can use to help him/her work the case. It is necessary to have cellular coverage for the suspect's service provider while in the jail. • Law Enforcement - Terrorism Preparedness In the case of a terrorist threat or attack, the department's EOC may be activated. It is imperative that all persons in the EOC have good cellular coverage during the activation so that they can communicate as needed and gather the vital information needed during the event. Program Planning, Evaluation, and Technology - Communications Backup communications are critical for a police department organization. This became even more evident in late May of 2011 when all radio communication was lost. Having cellular coverage for all persons within the police facility, and especially dispatchers, is critical during an outage such as this. Program Planning, Evaluation, and Technology - System Improvements The Buena Park Police Department needs to improve upon the cellular coverage system currently in place at the police facility - that being that only the Sprint network works within the building. The JAG program funds will be used to install additional equipment and testing so as to provide cellular coverage for all major service providers within the Buena Park Police Department facility. Budget and Budget Narrative: Outline how JAG funds will be used to support and implement the program. Include a breakdown of costs (i.e. Personnel, Training/Travel, Equipment, Supplies, Consultants/Contracts, & an Other category) We have requested and received preliminary price quotes for the parts (antennas, BDA, repeaters), installation, and testing. The quotes received indicate the costs of this project are approximately $25,000. All of the 2011 JAG program funds allocated will be spent on the one-time purchase of the needed equipment, installation, and testing. The equipment should last for the life of the building. There should be no future expenditures needed in order to maintain this equipment. Any amount possibly needed over the amount allocated by the 2011 JAG program funds will be covered by the Buena Park Police Department. Timeline and/or proiect plan: Identify when the goals and objectives will be completed The project goals and objectives will be implemented immediately upon approval for the JAG program funds and Buena Park City Council approval to utilize the JAG program funds for the expenditures as described. Funding: Total Allocation: $24,984 PROACT Contribution: (0%) $0 Administrative Fee (9%): $2,249 Funds Retained by City/County: $22,735 2011-DJ-BX-2532 Page 10 of 38 20A-18 ATTACHMENT A 2011-DJ-BX-2532 City: Costa Mesa The City of Costa Mesa proposes to use the 2011 Justice Assistance Grant funding as follows: Purpose Areas: 1) Planning, Evaluation, and Technology Improvement Program Narrative: The Costa Mesa Police Department's proposed program activity is to improve and enhance the security and video system of its police facility. In general, law enforcement is a target to both foreign and domestic threats. Components of the police department's security and video system are antiquated and the department lacks funding to repair and improve the security and video system of the main police facility. Goals of Proiect: The department's project goal is to replace and upgrade components of its current security and video system. This will improve the system's video retention capabilities, decrease maintenance costs, and enhance monitoring capabilities within the facility. Strategies to be used for Proiect: To accomplish the department's 2011 JAG project goal, the agency will obtain quotes fi•om vendors that can supply the identified service, technology, and/or equipment needed. Project Identifiers: 1) Equipment - Video/Audio Recording, 2) System Improvements Budget & Budget Narrative: Preliminary quotes have been obtained for the department's proposed program. The estimated costs are: Digital Video Recorder (DVR) (qty. 2) - $22,000, Security Camera (qty. 1) - $3,102. Timeline and/or Proiect Plan: The project objectives and goals will be instituted immediately upon approval of the Costa Mesa City Council and the department's ability to utilize the JAG allocation for expenditures. Funding: Total Allocation: $27,585 PROACT Contribution: (0%) $ 0 Administrative Fee (9%): $2,483 Funds Retained by City/County: $25,102 2011-DJ-BX-2532 Page 11 of 38 20A-19 ATTACHMENT A 2011-DJ-BX-2532 City: FOUNTAIN VALLEY The City of Fountain Valley proposes to use the 2011 Justice Assistance Grant funding as follows: To purchase Level 3 ballistic helmets for Patrol, Detectives and SWAT Officers. Purpose Areas: Law enforcement Program Narrative: The purpose of the program is to provide protection to Officers responding to calls for Police service. This "protection" will be accomplished via the purchase of ballistic helmets with eye shields. Currently, no budgeted funds exist to purchase the items. The helmets currently in service are 20-plus years old with no ballistic or eye protection. Goals of the proiect: To provide ballistic helmets with eye protection to Officers responding to critical incidents. These helmets will offer Level 3 ballistic protection from firearms and eye protection, which does not exist in the current equipment inventory. Strategies to be used for project: The ballistic helmets will be issued to each individual Officer. Patrol, Detective and SWAT Officers will have the helmets available to them within arm's reach while on duty. When Officers respond to critical incidents in the field, they will don the ballistic helmets providing them Level 3 protection and eye protection they currently do not have access to. Proiect identifiers: Officer safety Budget and Budget Narrative: Equipment: Helmet 3A PASGT with comfort system. Includes Paulson DK5 H Riot Shield, and helmet bag with zipper. Unit Price (per helmet): $297.64 Subtotal: 28 helmets x $297.64 = $8,333 Tax: $778 Grand Total: $9,111 2011-DJ-BX-2532 Page 12 of 38 20A-20 ATTACHMENT A 2011-DJ-BX-2532 Timeline and/or project plan: One approved at the Federal level, the prog ram will be submitted to our local City Council. Once approved at the local level, requisition and purchasing should be accomplished in the first three months of the program. Funding: Total Allocation: $10,012 PROACT Contribution: (0%) $0 Administrative Fee (9%): $901 Funds Retained by City/County: $9,111 2011-DJ-BX-2532 Page 13 of 38 20A-21 ATTACHMENT A 2011-DJ-BX-2532 City: Fullerton The City of Fullerton proposes to use the 2011 Justice Assistance Grant funding as follows: Purpose Areas: Law Enforcement Program Narrative: Outline the Proposed program activities - Funding for the proposed JAG 2011 Cold Case Project will pay for 3 part-time reserve officers to re-open, re-investigate and, where possible, solve cold cases of murder through the use of technology not available at the time the crime was committed. Provide a brief Analysis of the need for the programs - Currently, the Fullerton Police Department has over 20 unsolved cases of murder on its books going back over 30 years. Clearly, the crime of murder calls for the greatest use of police resources to ensure justice for the victim, the victim's loved ones, and the murderer. However, through a lack of evidence, witnesses and - especially with decades-old crimes - a lack of technology, some crimes of murder were seemingly impossible to solve. Now, recent and rather astounding advances in both the collection and analysis of evidence make it possible to solve previously unsolvable cases. Nonetheless, these cold cases will still require many hours of old-fashioned detective work, and with the current fiscal crisis and a Police Department already stretched to its limits preventing and solving present-day crimes, these cold cases have not received the attention and resources they deserve. The JAG 2011 Cold Case Project would provide the needed manpower for these cases which are especially time-consuming and difficult to investigate due to the many years which may have transpired since the crime was committed. Goals of the proiect: The primary goal of the project is to reopen and reinvestigate cold cases of murder and, where possible, solve and prosecute these cases. Strategies to be used for proiect: With oversight from the Captain in charge of the Detective Unit, the Cold Case Project will utilize the expertise and experience of three retired police detectives, now Reserve Officers acting as consultant/specialists, to reopen, reinvestigate and, where possible, solve cold cases of murder. Utilizing these experienced officers at a very modest hourly rate of $22 per hour means that the funding dollars will go much further than paying regular detectives. Each of these three detectives will work an estimated 10 hours per week (514 hours each) for one year for a total of 1,542 man hours. 2011-DJ-BX-2532 Page 14 of 38 20A-22 ATTACHMENT A 2011-DJ-BX-2532 These detectives will review the Department's 20+ cold cases and give priority to those with DNA evidence which could now provide clues sufficient to bring a killer or killers to justice or at least being closure to a case. Besides managing the newly-reopened cases and directing the processing of evidence, with the in-kind assistance of the CSI staff, these detectives will also conduct interviews and other research as necessary. When sufficient evidence is produced and a murder suspect is identified, these cold cases will, whenever possible, be brought to the District Attorney's Office for prosecution. Proiect identifiers: See JAG Identifiers (attached) Cold Cases (Law Enforcement) Budget and Budget Narrative: Outline how JAG funds will be used to support and implement the program. Include a breakdown of costs (i.e. Personnel, Training/Travel, Equipment, Supplies, Consultants/Contracts, & an Other category) All monies will be used to pay the $22 per hour cost of the three Reserve Officer/Detectives. $22/hr x 3 detectives x 514 hrs. $33,924 Medi-Care Benefits (Partial) 449 TOTAL COST $34,373 Timeline and/or project plan: Identify when the goals and objectives will be completed Due to the complexities of a cold case, a specific timeline and guarantee of solving a cold case is not possible. However, it is projected that cold case detectives will reopen, thoroughly investigate and, where possible, solve and bring for prosecution a minimum of two cold cases within one year. Fundin : Total Allocation: $42,436 PROACT Contribution: (10%) $4,244 Administrative Fee (9%): $3,819 Funds Retained by City/County: $34,373 2011-DJ-BX-2532 Page 15 of 38 20A-23 ATTACHMENT A 2011-DJ-BX-2532 City: Garden Grove The City of Garden Grove proposes to use the 2011 Justice Assistance Grant funding as follows: Purpose Areas: Law Enforcement; Corrections and Community Corrections Program Narrative: The Police Department will use 2011 JAG funds to pay a portion of its jail services contract. The jail contract saves thousands of department man-hours and is a key component for maximizing police officer time out on the streets. The Garden Grove Police Department has one of the lowest ratios of officers per capita of any city its size in California, yet the Department must still struggle to keep staffing levels from decreasing. Garden Grove's current and projected financial condition prohibits the Department from hiring personnel, and additional budget cuts are being implemented in FY 2011-12. Therefore, contracting out jail services provides an alternative solution, which enables the Department to maintain officer time in the field without hiring additional Personnel. Goals of the proiect: Create operational efficiencies in Patrol that would generate the equivalent productive hours of up to seven additional Police Officers that could be used to augment patrol operations. Strategies to be used for project: Contracting out jail services allows the Police Department to concentrate much more of its efforts on community safety instead of expending energy and resources on jail operations. The jail contract allows sworn police officers to process arrestees and return to their field duties in as little as 15 minutes. This in turn will increase then availability to handle additional calls for services. Proiect identifiers: See JAG Identifiers (attached) Community Policing; Detention (Non-residential). The Garden Grove Police Department implemented the Community Policing philosophy many years ago. Contracting out staffing of the detention facility facilitates that philosophy, by enabling patrol officers to return to their beat areas more quickly. 2011-DJ-BX-2532 Page 16 of 38 20A-24 ATTACHMENT A 2011-DJ-BX-2532 Budget and Budget Narrative: Outline how JAG funds will be used to support and implement the program. Include a breakdown of costs (i.e. Personnel, Training/Travel, Equipment, Supplies, Consultants/Contracts, & an Other category) The funds retained by the City will help to offset the annual cost of the jail services contract. For FY 2011-12 the monthly cost of the contract will be $40,965. The cost covers staffing, operating expenses, and management fees, as well as liability insurance maintained by the vendor. Personnel services provided under this contract guarantee 24/7/365 staffing of the jail at 9.6 FTE. All 2011 JAG funds retained by the City will be used to offset the cost of the contract. This amount will cover one full month ($40,965), and the remaining $8,442 will be used to offset the cost of a second month of the contract. Timeline and/or project plan: Identify when the goals and objectives will be completed The jail is a 24/7 operation and operates 365 days a year. The goals and objectives for the program are met on a continual basis, by allowing officers to return to their patrol duties quickly, thus enhancing the policing presence in. the City. Funding: Total Allocation: $54,293 PROACT Contribution: (0%) $0 Administrative Fee (9%): $4,886 Funds Retained by City/County: $49,407 2011-DJ-BX-2532 Page 17 of 38 20A-25 ATTACHMENT A 2011-DJ-BX-2532 City: Huntington Beach The City of Huntington Beach Police Department, Huntington Beach, California proposes to use the 2011 Justice Assistance Grant funding as follows: Purpose Areas: This grant funding will be used to purchase new software to enhance our current security access to California Law Enforcement Telecommunications Systems (CLETS) data to comply with new Department of Justice (DOJ) requirements. The proposed purpose area is Program Planning, Evaluation & Technology Improvement. Program Narrative: Outline the Proposed program activities - To secure the mobile data computers (MDC's) used to access DOJ related information. Provide a brief Analysis of the need for the programs - This technology improvement is a requirement by the Federal Bureau Investigations (FBI) California Justice Information System (CJIS) Security policy, section 5.6.2.1. Goals of the proiect: Require all officers and officials who require access to CLETS data to use a strong two-factor authentication method. Improve security to all data communication from the MDC's located in the police vehicles. Allow the officers to take the MDC's out of the vehicles for more effective police reporting writing. Strategies to be used for proiect: The Huntington Beach Police Department has numerous Mobile Data Computers (MDC) in its fleet of vehicles and remote access computers both of which access CLETS data. These systems use Sprint EV- DO for remote connectivity to the police data network. In order to comply with the aforementioned FBI security policy, the police department is required to use a secondary method to authenticate the identity of personnel using a MDC or remote access computer to access protected data. An example of this is using a secondary long-in requirement that will be required by personnel every time they access the network. By requiring this secondary authentication the department is further ensuring the identity of the personnel using the system. Currently, the network is protected by only a single log-in password which could be compromised by individuals who do not have authority to access the system. The solution to correct this vulnerability is by requiring both knowledge (password) and possession of authorized device to access the data network. 2011-DJ-BX-2532 Page 18 of 38 20A-26 ATTACHMENT A 2011-DJ-BX-2532 Proiect identifiers: See JAG Identifiers (attached) Computer Software/Hardware Budget and Budget Narrative: Outline how JAG hinds will be used to support and implement the program. Include a breakdown of costs (i.e. Personnel, Training/Travel, Equipment, Supplies, Consultants/Contracts, & other category) This software costs $34,511. All implementation and training will be done by current staff. Timeline and/or project plan: Identify when the goals and objectives will be completed The total timeline for this project is between 10-12 months. Below are the estimates for each process step: • Research and Identify the software to be used - 3 months • Install and test the software on test systems - 3 months • Prepare deployment of software to MDC's - 1 month • Deploy software and tokens (if needed) to all Mobile Data Computers - 2 months • Train officer personnel use of the new authentication tools - 3 weeks Funding: Total Allocation: $34,511 PROACT Contribution: (0%) $0 Administrative Fee (9%): $3,106 Funds Retained by City/County: $31,405 2011-DJ-BX-2532 Page 19 of 38 20A-27 ATTACHMENT A 2011-DJ-BX-2532 City: Irvine The City of Irvine (Police Department) proposes to use the 2011 Justice Assistance Grant funding as follows: Purpose Areas: The purpose area of the project will focus mainly on law enforcement, as well as, prevention, education and conununity outreach. Program Narrative: The Irvine Community Police Academy program is a training and education program designed to provide Irvine citizens first-hand information about how the Irvine Police Department, related law enforcement and the justice system work collaboratively. Moreover, graduates of the program act as advocates and serve as an important lifeline into the community. Participation requires a commitment of one night a week for a 9-week period, with graduation occurring the 9`` week. The curriculum and teaching methods are similar to the traditional law enforcement academy, but the weekly sessions are not designed to make the participant a law enforcement officer. The City of Irvine's Community Police Academy is a unique program in that graduates are encouraged to join the "Community Police Academy Alumni Association" a 501(3)(c) non-profit corporation located in the City of Irvine. The Community Police Academy Alumni Association was formed on January 1, 2000, to bring together graduates of the Community Police Academy of Irvine to enhance the relationship between the community and to support the Irvine Police Department. The Irvine Community Police Academy has proven to be a valued program designed to educate the community on the concept of Community Policing, Police Oriented Problem Solving and the resources the Irvine Police Department can provide in addition to traditional law enforcement practices. With a better understanding, it becomes easier for police and residents to work in partnership to identify and implement solutions to neighborhood and community problems. Moreover, the Community Police Academy allows members to work with police officers collaboratively to achieve realistic solutions to neighborhood problems relating to crime, fear of crime and quality of life issues. It has been demonstrated that increasing community awareness and participation reduces the prevalence of crime. Taking this new understanding a step further, graduates of the Community Police Academy are eligible to become "Volunteers in Policing Patrol." In this way, the Community Police Academy is an important first step that is interrelated and is a prerequisite to residents who want to participate in Volunteers in Policing Patrol. Collectively, these "goodwill ambassadors" play an important role in acting as liaisons between the police and the community. The Irvine Police Department recognizes that today, more than ever, law enforcement agencies need to draw upon the experience of residents thereby tapping into a tremendous community resource of volunteers and resident ambassadors. Utilizing residents who want to volunteer their time and skills to the Irvine Police Department afford active police personnel to perform their duties more efficiently and thereby help to promote and foster innovative community based policing. The instructors for the Community Police Academy are department executives, veteran officers, and personnel who teach in their own areas of expertise. Each instructor has years of training and experience in their field. Sworn officers also bring street experience into the classroom. Participants will have the 2011-DJ-BX-2532 Page 20 of 38 20A-28 ATTACHMENT A 2011-DJ-BX-2532 opportunity to meet the Police Chief, Command Staff, and police officers assigned to geographic areas of the City. Goals of the proiect: The specific goals of the Irvine Community Police Academy include: ¦ Create a collaborative partnership between the Irvine Police Department and community members. ¦ Foster opportunities to support community partnerships and proactive problem solving. ¦ Serve as a prerequisite for graduates who want to participate in the Volunteers in Policing Patrol. ¦ Maintain a core graduate group also known as the Community Police Academy Alumni Association that are called upon to support sworn police officers with implementing the following programs: ? DUI Enforcement Checkpoints ? Red Ribbon Week (D.A.R.E.) ? Bike Rodeo ? Tip-A-Cop ? "Role Play" for New Officer Orientation ? National Night Out ? Crime Prevention ? Staff Community Relation Events ? Prescription "Drug Take Back" Program ? Block Training & Education ? Community Liaison Strategies to be used for project: An important first strategy for the Irvine Community Police Academy is selecting interested and engaged residents. This is accomplished by advertising on the City's website, the Irvine World News and word-of-mouth. Applications are made available through e-mail, the City's web-site and in person and applications are required to be completed four weeks prior to the commencement of classes. Applications are reviewed by Community Police Academy facilitators that include but are not limited to the Office of Professional Development, Patrol and the Volunteer Coordinator. The facilitators seek out a variety of individuals in order to have a well-balanced group of individuals reflective of the community. The selection process requires that applicants are at least 21 years old, work or live in the City of Irvine, have no prior felony convictions, no misdemeanor arrests within one-year of application, may not have been a victim of a crime within the last 2 years, be able to commit to the full 10 weeks. Each participant is allowed 2 absences, then consulted; continued absences result in an offer to participate in the next class or dismissal from Community Police Academy class with the return of all materials. 2011-DJ-BX-2532 Page 21 of 38 20A-29 ATTACHMENT A 2011-DJ-BX-2532 ¦ Priority is given to individuals on the current waiting list, referrals from employees and past participants and individuals who work or live within the City of Irvine. The program is not recommended for individuals considering law enforcement as a career or police and city employees. Applicants are subject to a background check that includes fingerprints and a check for warrants. ¦ The Community Police Academy will utilize instructors comprised of department executives, veteran police officers and personnel who teach in their own areas of expertise. Each instructor has years of training and experience in their field and swonl officers provide street experience into the classroom. Participants will have the opportunity to meet the Police Chief, Command Staff, and police officers assigned to geographic areas of the City. ¦ Graduates are encouraged to join the "Community Police Academy Alumni Association" a 501(3)(c) non-profit corporation located in the City of Irvine to bring together graduates of the Community Police Academy of Irvine to enhance the relation between the community and the Irvine Police Department. ¦ The Community Police Academy Alumni Association is managed and coordinated by a 6-person Board of Directors consisting of President, Vice-President, Secretary, Treasurer, Membership Chairman and Past President. The Community Police Academy Alumni Association is managed by the Office of Professional Development Sergeant who attends monthly Board meetings. The alumni members meet as a whole bi-monthly ¦ Detailed requests for volunteer assistance by Department personnel are made directly to the Volunteer Coordinator in the Office of Professional Development who then distributes the requests to the Community Police Academy Alumni Association for staffing. ¦ It is a strategy of the Community Police Academy program to encourage members to participate in the Volunteers in Policing Patrol who have greater responsibilities, primarily non-hazardous duties, which are currently being performed by patrol officers and civilian traffic investigators. Proiect identifiers: The Irvine Community Police Academy program serves to meet the following Justice Assistance Grant Identifiers: ¦ Community Policing ¦ DARE ¦ Impaired Driving ¦ Policing ¦ Crime Prevention ¦ Law Related Education 2011-DJ-BX-2532 Page 22 of 38 20A-30 ATTACHMENT A 2011-DJ-BX-2532 Budget and Budget Narrative: IRVINE POLICE COMMUNITY POLICE ACADEMY Estimated Budget for One Class of 30 PERSONNEL: Sergeant 3.5 hrs/wk for 9 wks = 45.5 hrs OT Officer 3.5 hrs/wk for 9 wks = 45.5 lirs OT Senior Public Safety 3.5 hrs/wk for 9 wks = 45.5 hrs OT INSTRUCTOR OVERTIME: Instructors 2 officers/wk for 9 wks SWAT 5 team members @ 3hrs OT K-9's 2 officers @ 3hrs OT TOTAL PERSONNEL/OVERTIME PROGRAM COSTS: LIVESCANS 30 @ $32 each $2,200 (approx) $1,300 (approx) $400 (approx) $2,800 $1,800 $1,200 $3,900 $9,700 $960 GENERAL SUPPLIES $1,500 1 "inch white binders, miscellaneous office supplies, metal IPD badge lapel pins, index tabs for notebooks, color ink jet cartridges, identification card materials, cardstock, imprinted pens, photo paper, DVD's for slide show WEEKLY REFRESHMENTS $400 DUPLICATING/XEROX $400 In-house printing/copy services for applications, brochures, misc. correspondence and literature, class manual, event programs CPA LOGO POLO SHIRTS TOTAL PROGRAM COSTS $600 $5,360 GRAND TOTAL $13,560 Timeline and/or project plan: Identify when the goals and objectives will be completed The goals and objectives of the program will be completed within one-year of receiving the 2011 Justice Assistance Grant. Funding: Total Allocation: $12,855 PROACT Contribution: ((10%) $1,285 Administrative Fee (9%): $1,157 Funds Retained by City: $10,413 2011-DJ-BX-2532 Page 23 of 38 20A-31 ATTACHMENT A 2011-DJ-BX-2532 City: La Habra The City of La Habra proposes to use the 2011 Justice Assistance Grant funding as follows: Purpose Areas: The purpose area is Law Enforcement. Program Narrative: Outline the Proposed program activities - The City of La Habra will use its 2011 JAG funds to improve the communications ability of its Special Weapons and Tactics Team. A new Crisis Throw Phone system will be purchased. This phone will enhance the communication capabilities of the team. The phone contains video cameras that provide valuable information to tactical operators. All video and audio is recorded and saved so it can be used in criminal proceedings. Provide a brief Analysis of the need for the programs - The current throw phone used for negotiations is outdated and is prone to connection problems. The picture quality on the video is very poor. There have been connection problems as the cord connecting the throw phone damages easily. Goals of the project: The goal of this project is to purchase a new Crisis Throw Phone system for the Special Weapons and Tactics Team. Strategies to be used for project: The total cost for the purchase of the Crisis Throw Phone system is $28,199. La Habra's entire portion of JAG funds ($14,357) will be used and the remaining funds necessary for the purchase will come from the City's funds. The purchase of the Crisis Throw Phone will be made in the United States. Project identifiers: See JAG Identifiers (attached) Equipment- Tactical Budget and Budget Narrative: Outline how JAG funds will be used to support and implement the program. Include a breakdown of costs (i.e. Personnel, Training/Travel, Equipment, Supplies, Consultants/Contracts, & an Other category) JAG funds will be used to purchase the Crisis Throw Phone system at a cost of approximately $28,199 2011-DJ-BX-2532 Page 24 of 38 20A-32 ATTACHMENT A 2011-DJ-BX-2532 Timeline and/or project plan: Identify when the goals and objectives will be completed The purchase is expected to be completed during the 201 1/ 2012 fiscal year. Funding: Total Allocation: $17,725 PROACT Contribution: (10%) $1,773 Administrative Fee (9%): $1,595 Funds Retained by City/County: $14,357 2011-DJ-BX-2532 Page 25 of 38 20A-33 ATTACHMENT A 2011-DJ-BX-2532 City: Newport Beach The City of Newport Beach proposes to use the 2011 Justice Assistance Grant funding as follows: Purpose Areas: State which Purpose Area(s) out of the following programs your project will be used for - Prevention and education. Program Narrative: The Newport Beach Police Department is requesting 2011 Justice Assistance Grant funding to supplement the salary of the Police Department's Crime Prevention Specialist. This grant will insure our agency is able to seamlessly maintain our Crime Prevention services to our Community, despite mandatory budgetary reductions. This will include crime prevention education to our residential and business communities, Neighborhood Watch groups, and school programs. The Newport Beach Police Department's mission statement indicates that we will respond positively to the Community's needs. The Community has come to expect a vibrant and active Neighborhood Watch Program, as well as other Community outreach programs conducted by the Police Department's Crime Prevention Specialist. Currently, the Crime Prevention Specialist is further expanding social media outlets to further the Police Department's outreach to the Community. Goals of the Project: The goal of the program is to maintain a highly visible program dedicated to 1.) Preventing Crime, 2.) Disseminating correct and realistic information about criminal activity and crime prevention; and, 3.) Enhancing the perception of security within the Community. Strategies to be used for Project: Conduct Neighborhood Watch meetings, crime prevention meetings, and the distribution of electronic and hard copy Community crime alert bulletins to keep the Community informed bf current crime trends in an effort to better prepare the Community to take crime prevention measures. Project identifiers: See JAG Identifiers (attached) Crime Prevention & Education/Crime Prevention Budzet and Budget Narrative: The full amount of the grant, $10,997 will be used to supplement the salary of the Newport Beach Police Department's Crime Prevention Specialist. 2011-DJ-BX-2532 Page 26 of 38 20A-34 ATTACHMENT A 2011-DJ-BX-2532 Timeline and/or Project Plan: Identify when the goals and objectives will be completed This Crime Prevention Specialist position will be continually funded throughout the life of the grant. Fundina: Total Allocation: $13,551 PROACT Contribution: $1,355 Administrative Fee (9%): $1,220 Funds Retained by City: $10,976 2011-DJ-BX-2532 Page 27 of 38 20A-35 ATTACHMENT A 2011-DJ-BX-2532 City: ORANGE The City of Orange proposes to use the 2011 Justice Assistance Grant funding as follows: Purpose Areas: The Purpose Area of the project is planning, evaluation and technology. Program Narrative: The Orange Police Department is proposing to install emergency response lighting and equipment in nine detective vehicles. This equipment consists of lights, siren, speakers and control modules. This equipment will provide detectives the ability to promptly respond to in-progress emergencies, thus increasing available field deployment. California law requires that emergency vehicles be equipped with emergency lights and siren in order to respond to emergencies. Currently, detective vehicles are not equipped with the necessary lights and siren and unable to respond in compliance with CVC 21055. Goals of the project: To equip nine detective vehicles with emergency lighting equipment in order to enhance the Police Department's ability to respond to emergency situations in a safe and expedient manner. Strategies to be used for project: N/A Project identifiers: The JAG Identifier is equipment-general. 2011-DJ-BX-2532 Page 28 of 38 20A-36 ATTACHMENT A 2011-DJ-BX-2532 Budget and Budget Narrative: Jag funds will be used to purchase and install emergency equipment in nine detective vehicles. As follows: 490HCL Coiner Strobe Kit $ 220.00 C31000V2 Siren Grille Speaker $ 150.00 XT302RBSS LED windshield Light $ 135.00 XT302AB LED Deck Light $ 115.00 900-06 Headlight Flasher $ 50.00 3599L5 Siren/ Light control $ 305.00 Installation materials $ 30.00 Labor-installation of equipment $ 665.00 Sales Tax $ 88.00 Per Vehicle cost: $ 1 ,758.00 Total costs for nine vehicles: $15 ,826.00 Timeline and/or proiect plan: Once the funds are received and made available through the City's normal approval process, it is anticipated that bidding and equipment ordering will be completed in six to eight months. Once the equipment is delivered and installed, it will be put to use immediately. Fundina: Total Allocation: $19,539 PROACT Contribution: (10%) $1,954 Administrative Fee (9%): $1,759 Funds Retained by City/County: $15,826 2011-DJ-BX-2532 Page 29 of 38 20A-37 ATTACHMENT A 2011-DJ-BX-2532 Santa Ana City: The City of Santa Ana proposes to use the 2011 Justice Assistance Grant funding as follows: Purpose Areas: State which Purpose Area(s) out of the following programs your project will be used for - Law Enforcement; Program Narrative: Outline the Proposed program activities - Through the use of grant funding the City of Santa Ana will augment its Gang Enforcement Units, and Career Criminal Unit with suppression units working overtime to target enforcement of gang members and Career- Criminals involved in violent behavior. The department currently lacks the manpower- and fiscal resources to address this problem, these officers will be deployed directly into the neighborhoods being most affected by the current state of affairs and will be funded for the three year giant period. This funding will equate to approximately 1,890 hours of additional law enforcement presence on our streets. The Santa Ana Police Department is additionally providing 10% of its allocated funds to Pro-Act Program in support of their- operational needs Provide a brief Analysis of the need for the programs - The Santa Ana criminal street gang population of approximately 6,900 which accounts for the less than two percent of the City's population, this criminal element constitutes a significant impact on fear in the community and threatens the safety and stability of our neighborhoods. Goals of the proiect: The goal of these projects is the reduce criminal activity through enhanced enforcement efforts, increase public safety and equip frontline law enforcement with needed safety equipment Strategies to be used for project: The use of selective enforcement overtime coupled with crime analysis data allows resources to be specifically deployed in areas of increased criminal activity during time frames found to be most beneficial to project goals: 1. Contact gang members and Career Criminals to gain intelligence and investigative information for prosecutorial purposes 2. Increase the number of arrests and prosecution of gang members and Career Criminals 3. Reduce the fear gang members and Career Criminals evoke in the community through high visibility police presence and enforcement activities 2011-DJ-BX-2532 Page 30 of 38 20A-38 ATTACHMENT A 2011-DJ-BX-2532 Project identifiers: See JAG Identifiers (attached) Gangs; Career Criminals Bud-2et and Budget Narrative: Outline how JAG funds will be used to support and implement the program. Include a breakdown of costs (i.e. Personnel, Training/Travel, Equipment, Supplies, Consultants/Contracts, & an Other category) Funds will be utilized for personnel overtime and frontline law enforcement safety equipment as needed. No funds are allocated for travel, supplies, consultants or contracts Overtime: $111,000.00 $1,480 hours @ $75 per hour Equipment: $21,275.00 Gang Detail (10) Dell desktop computers. $730.50 each. (per prior quote) (6) Dell laptop computers. $1,390.00 each. (per prior quote) (2) GPS LandAIrSea 3100-INT vehicle tracking units. $300.00 each (2) 40" HDTV's $688.00 each. GTF (1) Panasonic TS3 digital camera with GPS, waterproof, and shock proof. interet pricing $400.00. Requested by GTF detectives to upgrade their digital cameras. For court filing purposes the GPS is preferred. (2) Wester Digital external hard drives 1TB. To store photographs and maintain graffiti photographic information. $120.00 each. Gang Homicide/Assaults • (10) Wester Digital external hard drives 750 GB. Maintain documents, photographs, recordings, etc. $80.00 each. • (7) Olympus digital recorders. Record interviews and download into DIMS. $80.00 each. (4) Kingston multi-card reader to download recordings, photos, etc into DIMS $31.00 each. • (2) Canon powershot XC130 IS camera, to replace broken cameras used to photograph crime scenes, etc. $230.009 each. • (8) SD digital flash cards, to save photographs, recordings, etc. $13.00 each. • (2) Epson perfection V330 flatbed scanner, to scan documents. $120.00. GRIP • (1) Western Digital external hard drives 750 GB. Maintain documents, powerpoint presentations, photographs, recordings, etc. $80.00. • (1) Canon powershot XC130 IS camera, document crimes, notice of determination photos, etc. $230.00 • (2) SD digital flash cards, for camera. $13.00 each. 2011-DJ-BX-2532 Page 31 of 38 20A-39 ATTACHMENT A 2011-DJ-BX-2532 Ca1Ganizs Desk (1) Epson V500 scanner photo scanner to upload notice of determination photos. $190.00. (1) View sonic 24 inch computer monitor for CalGangs computer. $200.00 All funds, except those allocated to PROACT, will be utilized in support of frontline law enforcement efforts only. Timeline and/or project plan: Identify when the goals and objectives will be completed Months 1-36: Gant Enforcement and Career Criminal enforcement continues throughout the life of the grant Funding: Total Allocation: $163,302 PROACT Contribution: (10%) $16,330 Administrative Fee (9%): $14,697 Funds Retained by City/County: $132,275 2011-DJ-BX-2532 Page 32 of 38 20A-40 ATTACHMENT A 2011-DJ-BX-2532 City: Stanton The City of Stanton proposes to use the 2011 Justice Assistance Grant funding as follows: Purpose Areas: State which Purpose Area(s) out of the following programs your project will be used for - Law Enforcement; Prosecution and court; Prevention and education; Corrections and community corrections; Drug treatment and enforcement; Planning, evaluation, and technology improvement; & Crime victim and witness programs (other than compensation). Law enforcement, prosecution and court, program planning, evaluation, and technology improvement. Program Narrative: Outline the Proposed program activities - The Orange County Sheriff's Department provides police services for the City of Stanton (Stanton Police Services). Stanton Police Services currently utilizes some outdated equipment that needs to be replaced or repaired on a regular basis due to continuous use, specifically electronic and communications related equipment. Some of the police units (investigator vehicles) utilized by Stanton Police Services are completely void of any communication devices of any kind due to a lack of funding for these items. Our handheld pacset radios are often out for service. They use batteries that need to be replaced on a regular basis due to the older type of battery charger (non battery conditioners) used in the station. Often times the handheld radio pacsets are unreliable for use irl the field by Deputies due to the batteries wearing out prematurely. We intend to better serve the citizens of the city of Stanton by utilizing funds to purchase updated equipment for use in the field and in our police station. Purchasing updated equipment will help us save the city and taxpayers money by replacing outdated equipment that is deemed to be somewhat disposable with equipment that has a longer life expectancy. Replacing existing equipment that has to be replaced or repaired often is the main objective of this project. Outfitting police units void of communication devices would allow investigative units responding to the scene of major crimes to communicate with the first responders quickly and more effectively. Being able to communicate quickly is essential in relaying information in real time. This will enable our investigative units to be more effective in solving crimes, apprehending suspects, and recovering stolen property, all of which help in the prosecution of crimes. Purchasing handheld pacset radios, batteries, and battery reconditioning chargers will help the equipment last longer and be more reliable. This will reducing the overall budget needed to maintain the radio equipment. Reliable radio equipment is vital for Deputies to communicate with each other, investigative units, and supervisors. Provide a brief Analysis of the need for the programs - Stanton Police Services is currently using radio pacsets that are constantly used on a twenty four hour basis and are often in need of service as a result. Batteries for the radios do not last to their full potential due to the older type battery chargers used to charge them. The batteries often render the radios useless to the Deputy in the field because they wear out prematurely. Investigators responding to major crimes (often from home) cannot communicate with ground units or keep up to date on rapidly evolving situations due to the lack of police radios in their units. This increases 2011-DJ-BX-2532 Page 33 of 38 20A-41 ATTACHMENT A 2011-DJ-BX-2532 the time they need to get information once they are on the scene, time that could be used on investigating crimes, apprehending suspects, and recovering property. Goals of the project: Provide improved law enforcement services to the city of Stanton in a more cost effective manner. Provide Sheriff's Deputies and Investigators with reliable equipment. Utilize JAG funding to purchase and install police radios in Stanton Investigative units to allow them to be more effective in their duties. Utilize JAG funding to purchase handheld radios, batteries, and battery reconditioning chargers. Strategies to be used for project: If JAG funds were granted equipment would be purchased immediately. Equipment needing installation would be done at no cost by our communications division. Cost effectiveness will be tracked by comparing the amount of money spent on radio and battery replacement as well as repair costs to years past. Effectiveness and reliability of purchased equipment would be assessed by polling the equipment users at the end of the project timeline. Proiect identifiers: See JAG Identifiers (attached) 1) Communications 2) Equipment - General Budget and Budget Narrative: Outline how JAG funds will be used to support and implement the program. Include a breakdown of costs (i.e. Personnel, Training/Travel, Equipment, Supplies, Consultants/Contracts, & an Other category) JAG funds will only be used to purchase new equipment as follows: 1-Unit radio- Motorolla model XTL5000, $6, 634 each 1-Radio pacsets- Motorolla model XTS 5000, $3, 386 each 6- Batteries: Impres Motorolla XTS 5000 batteries, $86 each, $516 total 1-6 unit Impress battery smart charger w/ display, $1003 each Total cost: $11,539 Timeline and/or project plan: Identify when the goals and objectives will be completed Stanton Police Services is already taking measures to provide the city with improved services in a more cost effective manner. Upgrading and purchasing new reliable equipment would occur as soon as funds were available. Cost effectiveness and reliability of equipment would be measured six months and again one year after new equipment has started being used by Stanton Police Services. Funding: Total Allocation: $14,246 PROACT Contribution: (10%) $1,425 Administrative Fee: (9%) $1,282 Funds Retained by City/County: $11,539 2011-DJ-BX-2532 Page 34 of 38 20A-42 ATTACHMENT A 2011-DJ-BX-2532 City: Tustin The City of Tustin proposes to use the 2011 Justice Assistance Grant funding as follows: Purpose Areas: -Law Enforcement -Corrections and community corrections -Planning, evaluation, and technology improvement Program Narrative: Outline the Proposed program activities - The city of Tustin Police Department intends to utilize JAG funding to purchase 6 laptop computers for use in patrol vehicles and in court. These computers will be used in court to play recordings from the Mobile Audio Video System (MAVS). They will also be utilized for completing necessary paperwork such as reports and trainee evaluations in the patrol vehicle. Provide a brief Analysis of the need for the programs - With the evolution of technology and limited budgeting, compatibility issues may occur with playing audio/video recordings in the adjudication of cases. By having laptops that are compatible with the Mobile Audio Video System that Tustin Police Department employs, officers will have the ability to bring a laptop to court and play the recording for the court. Without the laptops, the possibility exists to not have the evidence viewed in the event the equipment provided by the court isn't compatible. Having laptops in the vehicles will also allow patrol officers the ability to type trainee performance evaluations and other reports in their vehicles without taking them out of service to the community. Currently, it is necessary for officers to respond back to the station to complete these tasks. This will allow the officer to remain in the field increasing response times and will allow for increased proactive enforcement time. Goals of the project: Equip the Patrol division with laptop computers to maximize the amount of time they are in the field. Allow for recordings from the Mobile Audio Video System to be presented in court without compatibility issues. Strategies to be used for project: Utilize laptop computers in patrol cars when writing reports and trainee evaluations rather than requiring patrol officers to return to the station out of service to complete such tasks. Officers will take laptop computers to court when Mobile Audio Video System recordings will be played as evidence in a case. 2011-DJ-BX-2532 Page 35 of 38 20A-43 ATTACHMENT A 2011-DJ-BX-2532 Proiect identifiers: See JAG Identifiers (attached) Community Policing- Effective community collaboration and interaction will require patrol officers to be more accessible to community members. By having laptops in the patrol vehicles, officers can maximize their time in the field and allow themselves to be available to the community they serve. Adjudication- The purchase of new laptops will allow vital audio and video evidence to be presented in court to assist in the prosecution of criminals. Computer Software/Hardware- The purchase of 6 laptops will allow for officers to be more efficient while working in the field. Budget and Budget Narrative: Outline how JAG funds will be used to support and implement the program. Include a breakdown of costs (i.e. Personnel, Training/Travel, Equipment, Supplies, Consultants/Contracts, & an Other category) Equipment costs- $8,281 (6 laptops at approx. $1,380 each) Administrative fee - $920 PROACT contribution-$1,022 Timeline and/or proiect plan: Identify when the goals and objectives will be completed Purchase will proceed immediately upon approval of funding; project plan will begin upon receipt of equipment. Funding: Total Allocation: $10,223 PROACT Contribution: (10%) $1,022 Administrative Fee (9%): $920 Funds Retained by City/County: $8,281 2011-DJ-BX-2532 Page 36 of 38 20A-44 ATTACHMENT A 2011-DJ-BX-2532 City: Westminster The City of Westminster proposes to use the 2011 Justice Assistance Grant funding as follows: Project Obiectives: Technology Funding: Providing annual support costs for extant projects, like Crime Mapping in vehicles and in the police station & presenting/mapping crime data relations software; Purchase digital sign media equipment to be utilized in the Police Department's new Area Command policing strategy (Geo Policing). Crime data will be displayed throughout the police department to inform police officers of when and where crimes are occurring, so officers can more efficiently patrol high crime areas when and where those crimes most often occur. Sign Server media will also provide digital media information to the public so they can efficiently navigate the new police facility and also receive crime trend and public safety information. Goals of the project: Technology Funding: To provide hardware and/or software systems capable of enhancing mapping systems so officers can more efficiently proceed to calls or coordinate crime scenes. To maximize the efficiency of delivering crime trend data to officers to increase policing efficiency and reduce crime. To assist the public in receiving efficient and quality public service when they visit new police facility Strategies to be used for the project: Technology Funding: We will determine those software systems requiring ongoing annual support and are being consistently used by officers and investigators and financially support and procure those products which should have the most widespread use throughout the department. Police officers will receive the most current crime data daily. Sign Server Media will allow the data to be displayed on 2 large monitors in the briefing room. Sign Server Media will allow crime and public safety information to be displayed on a large monitor in the public lobby. Quantifiable Performance Measures: Technology Funding: Determine and document those systems requiring annual financial support and provide appropriate purchase orders by Oct. 1, 2011. Track and document response times to priority 1 and priority 2 calls for service. Track and document crime statistics within the city after equipment is installed and utilized. 2011-DJ-BX-2532 Page 37 of 38 20A-45 ATTACHMENT A 2011-DJ-BX-2532 Budget Narrative: Technology funding: The below equipment will be utilized to deliver data to officers and the public: EC Link GIS Mapping Services 6,050.00 (3) 47" LCD Monitors 4,144.00 (6) Media Players 5,370.00 Media Player 3year warranty 1,074.00 (1) MS2000 Sign Server 590.00 Server 3 year Warranty 118.00 Installation 4,000.00 Freight 0.00 Tax 1,344.00 Total $22,690.00 Timeline and/or protect plan: Technology Funding: The equipment will be purchased upon funding release and will be installed as soon as possible. Funding: Total Allocation: $25,952 PROACT Contribution: (3.57%) $926 Administrative Fee (9%): $2,336 Funds Retained by City/County: $22,690 2011-DJ-BX-2532 Page 38 of 38 20A-46 ATTACHMENT B 2011-DJ-BX-2532 HOW TO APPLY FOR JAG GRANT REIMBURSEMENTS 1. A letter on our cities letterhead that includes or states the followin A. Your agency's request for reimbursement in the amount of $ ; B. Against Grant Award#2011-DJ-BX-2532; C. Certification that you complied with all procurement procedures outlined in your agency's procurement manual and financial and administrative requirements set forth in the current OJP Financial guide. D. Name of payee and address of where payment is to be sent E. Letter is to be signed by the person authorized in the JAG Program MOU. 2. Required attachments to the letter: A. Your agency is required to submit quarterly Federal Financial Report using a Standard Form 425 (OMB). This report reflects the cumulative actual federal monies spent, unliquidated obligations incurred, and the unobligated balance of federal funds. The Federal Financial Report is due at the Sheriffs Department Financial Division by the due dates indicated below: Qtr. ending 03-31-YY due no later than 4/10 Qtr. ending 06-30-YY due no later than 7/10 Qtr. ending 09-30-YY due no later than 10/10 Qtr. ending 12-31-YY due no later than 01/10 A helpful hints guide for completing Federal Financial Report is available at the DOJ-OJP website at: http•I jwww_ojp usdoj gov/funding/forms.htm B. All invoices/receipts and relevant purchase orders pertaining to federal monies spent. C. Time Sheets and part of payroll register showing personnel name or other individual identifier and details of payroll costs claimed, if any. D. Copies of signed check(s) for purchase(s) and general ledger reports clearly indicating expenditures for the quarter; All of the above documents must be provided to our office: otherwise your claim will not be processed. If you have any questions please call Karla Lazaridis at (714) 834-6675. Send your claim to the Attention of Karla Lazaridis at 320 N. Flower Street, Suite 108, Santa Ana, CA 92703. 20A-47 20A-48 N M Ln N A 0 N c? Q V E - z Mw W V Q O N t? N Ln M N O r-? r-i M t- t- O Ln O m r-+ l? Ln CT M r--1 O O c ?O 07 M ' Ln Z N M V) GJ M A M O N N )n N [T d' M 0', d• r-i M O d ri - el r- r 0 N N LM - > O Ln O ., O w bq ? ? « ttl? 69 ER -b", d• co Oll co r I Qll 110 ?10 tl- In a) r, N CC) O N O M N C O N to ? I'D d' N co d" O O%% r1 00 00 co O ri LP) -4 CN LO C l? N a% M r-1 O N N M d' M r-'1 r? r4 N W ri LA W w O lu? {fAf s4 -bq Eoq to} to toq loq bo? y3 tf} ?R O o? d 00 0] M l? -n CD LO N N N N N Q? F F N N t? 0, m d^ 1 O i n ?+ V r-1 d d r i . i r-i r- r ? Q M ? O ?a i i, ? 0 \ 0 \ 0 o 0 \ 0 \ 0 o 0 \ 0 o 0 0 00 0 0 o ? a 0 0 O V O d O O O O 0 0 0 0 O O O o r-a Q I co O O M M "D N CO t? O N d' r'I n (? i y r 1 N r I d d' N 00 -' O a, ,O O co co c ri d d' co r-- all N L n M V w ?. M ; LO N N 0 d M N M N r M { o ?b yq b9 b9 b4 b4 yq b9 tt? FR bR T b4 f» In CO t\ d Ln N \D co l r i Ln Lry V-4 N \O d• CO N Ln Q1 "O M Cl M Ln co Cl co to -4 O M It o % N r-q in LO CO N l- N N LCIN n CO O 00 d t? O N d' d N r- d O N w -4 -A N N r-i It Ln m r4 .-1 r-4 c-1 O e-? O N 6R b4 b9 b4 d4 b4 6R b4 b9 EA b9 ? to ? v > Iv U V ix.. h r? Q? t? y ?" LL. ' O C G. . . O . . t: u C r7 F.1 ?.. .? ?.d i+ ??r L i L W W cC o ¢ m w w z ., a z o cn ti E- 3 E? a C 20A-49 20A-50 ATTACHMENT D 2011-DJ-BX-2532 FY2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM REPORTING REQUIREMENTS Programmatic Reporting Categorical Assistance Progress Reports Reporting on the progress of the grant program is required. Some grants may require an annual submission of progress report information. Most programs require semiannual and/or quarterly reporting. Reporting requirements are specified in the grant solicitation and in the special conditions specified in the award. Questions concerning progress reporting should be directed to the Program Manager for the award. Quarterly Programmatic (PMT) and Federal 1512 Reporting periods are: January 1- March 31 April 1- June 30 July 1- September 30 October 1- December 31 Reporting requirements must be met during the life of the grant. A full explanation of these requirements can be found in the OJP Financial Guide, which may be accessed at http://www.ojp.usdoj.gov/financialguide/index.htrn Also check special conditions on awards for additional reporting requirements. GPRS (see Step 5) will not permit access to funds if financial reporting is delinquent. The following information concerns: • Single Audit Reports • Categorical Progress Reports • Federal Financial Reports Single Audit Reports A special condition may be included with your award that details reporting requirements for audit reports. Please review and comply with that special condition. There is no form for submission of audit reports; however, a transmittal letter is needed. Information about the letter and the rules for single audits may be found in the OJP Financial Guide under Part III, Postaward Requirements, Chapter 19: Audit Requirements and in OMB Circular No. A-133, Audits of States, Local Governments, and Non-Profit Organizations. 20A-51 20A-52 ATTACHMENT D 2011-DJ-BX-2532 The submission of audit reports for all grantees shall be as follows: • State and Local Governments, Institutions of Higher Education, and Nonprofit Institutions. Completed audit reports for fiscal years earlier than 2007 should be mailed to the Federal Audit Clearinghouse, Bureau of Census, 1201 East 10th Street, Jeffersonville, fN 47132. Completed audit reports for fiscal years 2008 and later should be submitted on the Federal Audit Clearinghouse's Web site at http://harvester.census.gov/sac. Do NOT submit your audit reports to OJP unless specifically requested. • Commercial Organizations and Individuals. One copy of all audit reports should be mailed to Office of Justice Programs, Office of the Chief Financial Officer, ATTN: Control Desk, 810 Seventh Street NW., Room 5303, Washington, DC 20531. Direct any questions regarding the grant program to Susie Cabrera. scabreragocsd.org 431 The City Drive South Orange, CA 92868 (714) 935-6869 20A-53 20A-54 ATTACHMENT Department of Justice Office of Justice Programs I PAGE I OF 6 .. Bureau of Justice Assistance I Grant ? I I 1. RECIPIENT NAME AND ADDRESS (Including Zip Cote) 4. AWARD NUMBER: 2011-DJ-BX-2532 County of Orange 10 Civic Center Plata 5. PROJECT PERIOD: FROM 10/01/2010 TO 09/30/2014 Santa Ana. CA 92701-4017 BUDGET PERIOD: FROM 10/01/2010 TO 09/30/2014 6. AWARD DATE 08/1212011 7. ACTION I A. GRANTEE IRS/VENDOR NO. 8. SUPPLEMENT NUMBER Initial 950009281 00 9. PREVIOUS AWARD AMOUNT 50 3. PROJECT TITLE- 10. AMOUNT OF THIS AWARD $606-689 ram sistance Grant Pro ti A FY 2011 J g s us ce 11. TOTAL AWARD S 60609 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED FACE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FYI 1(BJA - JAG) 42 USC 3750, et seq. 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL ® ® GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Denise O'Donnell Bill Campbell Chairman Director 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. KDJUGT0093 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DI 80 00 00 606689 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) 20A-55 Department of Justice Office of Justice Programs AWARD CONTINUATION "ate, Bureau of Justice Assistance SHEET PAGE 2 OF 6 Grant PROJECT NUMBER 2011-DJ-BX-2532 AWARD DATE 08/12/2011 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-] 33, Audits of States, Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-] 33 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5. The recipient »lust promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W, Room 4706 Washington, DC 20530 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig. 6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee. Cf. 28 C.F.R. parts 66, 70. ON FORM 4000/2 (REV. 4-88) 20A-56 Department of Justice Office of Justice Programs I AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE of e 4n-^" Grant PROJECT NUMBER 2011-DJ-BX-2532 AWARDDATr 08112/2011 SPECIAL CONDITIONS S. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 9. The recipient agrees to comply with applicable requirements regarding Central Contractor Registration (CCR) and applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/cci-.htin (Award condition: Central Contractor Registration and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 10. The recipient agrees to comply with applicable requirements to report first-tier subawards of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/ffaLa.litm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, and its reporting requirement does not apply to grant awards made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own operate in his or her name). 11. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal Financial Report (SF-425). 12. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 13. To support public safety and justice information sharing, OJP requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this special condition, visit http://www.niem.gov/implementationguide.plip. OJP FORM 4000/2 (REV. 4-88) 20A-57 ' Department of Justice j Office of Justice Programs ` AWARD CONTINUATION t? Bureau of Justice Assistance I` SHEET PACE 4 OF 6 Grant I PROJECT NUMBER 201 I-DJ-BX-2532 AWARD DATE 08112/2011 SPECIAL CONDITIONS 14. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgtantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endancered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prim use or (b) significantly change its size; d. Implementation of a new program involving, the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure Of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http://www.ojp.usdoj.govBJA/resource/nepa.htnil, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 15. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 16. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page=1046. OJP FORM 4000/2 (REV. 4-88) 20A-58 ` Department of Justice ! Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance I SHEET PAGE 5 OF 6 Grant i t PROJECT NUMBER 201 J-DJ-BX-2532 AWARD DATE 08/12/2011 SPECIAL CONDITIONS 17. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith- based organizations may, in some circumstances, consider religion as a basis for employment. See http://w,A,w.ojp.gov/about/ocr/equal-fbo.litm. 18. The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must conform to the grant program requirements as stated in BJA program guidance. 19. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 20. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 37898 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R.. Part 22 and, in particular, section 22.23. 21. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 22. Award recipients must submit quarterly a Federal Financial Report (SF-425) and annual performance reports through GMS (https:Hgrants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on repotting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 23. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 24. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. OJP FORM 4000/2 (REV. 4-88) 20A-59 Department of Justice Office of Justice Proerams ! AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 6 OF 6 Grant i PROJECT NUMBER 2011-DJ-BX-2532 AWARD DATE 03/12/2011 SPECIAL CONDITIONS 25. The grantee agrees chat within 120 days of award acceptance, each member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (internet-based) task force training. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/ti,hts, task force perfoturance measurement, personnel selection, and task force oversight and accountability. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 26. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has received documentation demonstrating that the state or local governing body review and/or community notification requirements have been met and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 27. The recipient agrees expeditiously to obtain active registration with the Central Contractor Registration (CCR) database, and to notify the program office in writing of its registration. Following satisfaction of this requirement, a Grant Adjustment Notice will be issued to remove this special condition. 28. Recipient may not expend, or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has reviewed and approved the Budget NatTative portion of the application and has issued a Grant Adjustment Notice (GAN) informing the recipient of the approval. 29. With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. OJP FORM 4000r2 (REV, 4-33) 20A-60 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 17, 2011 TITLE: CONTRACT AWARD TO DLS BUILDERS FOR ROOF REPAIR (SPEC. NO. 11-052) t ?C~ 1 ,t.ti CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1st Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to DLS Builders for roof repair at the Corporate Yard in the amount of $24,100, to be reimbursed from insurance proceeds; and increase the aggregate limit by $10,000 for a blanket contract for Building Maintenance in an annual amount not to exceed $34,100. DISCUSSION The City of Santa Ana Corporate Yard houses the City's Fleet Maintenance Division which maintains City fleet vehicles including CNG street sweepers. On June 19, 2010 an electrical fire engulfed a CNG street sweeper stored in the south side parking overhang, causing extensive damage to the steel roof and the immediate surrounding structure. Under the City of Santa Ana liability insurance program, the City is able to repair/replace structures due to unforeseen losses. The City's insurance carrier, Alliant Insurance Services, Inc., has approved the claim and has authorized payment to cover the roof repair. DLS Builders provides various building contracted jobs throughout the City and their pricing has been consistently industry competitive. The roof repair at Corporate Yard, when combined with previous purchases by the City's Building Maintenance Division during the current fiscal year, will exceed the $25,000 aggregate limit. In order to facilitate this purchase and future, staff recommends an increase to the aggregate limit. 22A-1 Contract Award for Roof Repair October 17, 2011 Page 2 FISCAL IMPACT Alliant Insurance Services, Inc will reimburse funds into the Maintenance and Repair, Buildings and Ground account (no. 08510138-62320). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgt. Services Agency EG 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 17, 2011 TITLE: CONTRACT AWARD TO AQUA-METRIC SALES COMPANY FOR MULTI-JET WATER METERS (SPEC- 0.11-049) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1St Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract with Aqua-Metric Sales Company for the purchase of multi-jet cold water meters for a one-year period with provision for three one-year renewals in an amount not to exceed $60,000. DISCUSSION The Public Works Agency (PWA) Water Resources Division 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 industrial, commercial, irrigation, and large multi-family residential applications. There are approximately 45,000 metered service locations in the City and water meters are typically replaced every 15 years. The meters are purchased through the Central Stores warehouse for distribution to the Public Works Agency as needed. PWA continuously researches and conducts trial periods for up to three years on new water meters. The Sensus line of multi-jet meters are the most technologically advanced large water meters on the market today enhanced by their ability to extend flow range with better low flow sensitivity. The PWA Water Resource Division team is recommending the Sensus multi-jet meter for the City's multi-family residential, irrigation and commercial applications. Aqua-Metric Sales Company, the sole source distributor of the Sensus line of meters for Southern California, has agreed to a fixed 12-month price contract. As such, staff recommends Council approval of the contract. 22B-1 Contract Award for Multi-jet Water Meters October 17, 2011 Page 2 FISCAL IMPACT Funds are available in the Water Utility Water System Maintenance and Water Quality & Measurement accounts (accounting units 06017641-63001 and 06017644-63001). Raul Godinez II Executive Directo(?J Public Works Agency km APPROVED AS TO FUNDS AND ACCOUNTS: do r i. ?1 \ Francisco Gutierrez Executive Director Finance & Management Services Agency--- 22B-2 6REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 17, 2011 TITLE: CONTRACT AWARD TO SAFEWAY SIGN COMPANY FOR SIGNS, HARDWARE AND ACCESSORIES (SPEC. NO. 11-044) L? kL? CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1st Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Safeway Sign Company for traffic signs, hardware and accessories for a one- year period, with provisions for two one-year renewals in an amount not to exceed $100,000. DISCUSSION The Public Works Agency (PWA) Sign Maintenance Services Division maintains a wide array of traffic and street name signs throughout the city. In the last fiscal period, 2,500 signs were replaced. The U.S. Department of Transportation established new regulations for sign retro-reflectivity requirements to improve safety on the highways and streets by replacing less reflective signs with signage that has higher retro-reflectivity. The regulation includes a mandated replacement deadline of January 2015. In order for PWA to comply with the new sign regulation, an increased schedule of sign replacement has started. The materials necessary for ongoing sign maintenance operations including signs, various sign posts and mounting hardware are purchased through the Central Stores warehouse for distribution to PWA. The notice inviting bids was advertised on August 22, 2011 and bids were solicited. A summary of the bid invitations and bids received is as follows: 27 Invitations For Bid mailed 2 Invitation for Bid mailed to Santa Ana vendors 4 Bids received Bids were received, opened on September 6, 20011, and evaluated (Exhibit 1). The bid received from Safeway Sign Company is responsive to the specifications and meets the City's requirements. 22C-1 Contract Award for Signs, Hardware and Accessories October 17, 2011 Page 2 FISCAL IMPACT Funds are available in the Public Works Roadway Marking/Signs account (no. 01117625-63001). APPROVED AS TO FUNDS AND ACCOUNTS Raul Godinez II r Executive Dire IL Public Works Agency KM Francisco Gutierrez Executive Director / Finance & Management Services Agency 22C-2 ABSTRACT OF BID CONTRACT AWARD FOR SIGNS, HARDWARE AND ACCESSORIES (11-044 VENDOR SAFEWAY SIGN MAIN STREET ZUMAR COAST TRAFFIC COMPANY SIGNS IND. SYSTEMS LOCATION ADELANTO ONTARIO SANTE FE COSTA MESA SPRINGS TERM NET 30 NET 30 NET 30 NET 30 50 SIGN ITEMS TOTAL $127,219.53 $128,985.70 $131,697.64 $164,644.65 SALES TAX 7.75% 9.859.52 9,996.40 10,206.57 12,759.96 GRAND TOTAL $137,079.05 $138,982.10 $141,904.21 $177,404.61 SIGN LIST AND QUANTIES ESTABLISHED FOR EVALUATION PURPOSES. AWARD BASED ON PWA BUDGET. AWARD TO: SAFEWAY SIGN COMPANY $100,000 Exhibit 1 22C-3 22C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 17, 2011 TITLE: REJECTION OF BIDS FOR CATALINA STREET PUMP OWNERS ASSOCIATION WATER SERVICE CONNECTION AND DIAMOND PARK MUTUAL WATER COMPANY WATER MAIN IMPROVEMENTS (PROJECT NOS. 10-6403 AND 10-6404) PROPOSITION 84 GRANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s` Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For,_ CONTINUED TO FILE NUMBER Reject all bids for the Catalina Street Pump Owners Association Water Service Connection and Diamond Water Company Water Main Improvement projects. DISCUSSION The Catalina Street Pump Owners Association (CSPOA) and the Diamond Park Mutual Water Company (DPMWC) are privately owned water systems that provide domestic water service to approximately 144 residences in the City (Exhibit 1). The wells serving CSPOA and DPMWC are contaminated with uranium, high levels of nitrates and do not meet Title 22 drinking water standards. In addition, CSPOA and DPMWC do not have certified operators and cannot afford to purchase a water treatment system. Therefore, the State Department of Public Health (DPH) together with CSPOA and the DPMWC are now requesting water service to be provided by the City. To provide service, both water services must be connected to the Santa Ana public water system. Improvements needed include distribution mains, services, hydrants and isolation valves and abandonment of existing private wells. Once completed, the residents will have access to City water. A resolution was adopted by the City on July 18, 2011 allowing the City to accept a Proposition 84 grant to finance the construction costs for the public water system improvements. 23A-1 Rejection of Bids for Catalina Street Pump Owners Association Water Service Connection & Diamond Park Mutual Water Company Water Main Improvements (Project Nos. 10-6403 & 10-6404) October 17, 2011 Page 2 A total of 6 bids were received for the CSPOA and all were responsive. The lowest bid was submitted by Stephen Doreck Equipment Rentals, Inc., for $135,880 which is below the Engineer's estimate of $337,516. These bids were as follows: Santa Ana Contractors receiving notices Contractors requesting bidding documents: Bids received: Bids received from Santa Ana Contractors: NAME OF RESPONSIVE BIDDER 1. Stephen Doreck Equipment Rentals, Inc. 2. Garcia Juarez Construction 3. J.A. Salazar Construction & Supply 4. J.T. Malloy, Inc. 5. Atlas-Allied, Inc. 6. J. De Sigio Construction & Supply Corporation 6 16 6 0 CITY TOTAL BID Pico Rivera $135,880 Brea $182,898 La Habra $201,315 Los Angeles $244,310 Anaheim $286,620 Baldwin Park $383,165 A total of 7 bids were received for the DPMWC on September 27, 2011. These bids were as follows: 6 Santa Ana Contractors receiving notices Contractors requesting bidding documents: 26 Bids received: 7 Bids received from Santa Ana Contractors: 0 NAME OF RESPONSIVE BIDDER CITY 1. J.A. Salazar Construction & Supply La Habra 2. Stephen Doreck Equipment Rentals, Inc. Pico Rivera 3. Garcia Juarez Construction Brea 4. J.T. Malloy, Inc. Los Angeles 5. J. De Sigio Construction & Supply Corporation Baldwin Park 6. Atlas-Allied, Inc. Anaheim 7. EAR Engineering Construction and Support Services Riverside TnTAI Rin $621,656 $726,764 $817,923 $842,994 $937,565 $939,000 $1,021,615 The City received a bid protest from Stephen Doreck Equipment Rentals, Inc. alleging that the apparent low bidder submitted a bid without Appendices E and F, which are related to Disadvantaged Business Enterprise (DBE) and should therefore be disqualified for this project. After further analysis of all the bids and in consultation with the City Attorney's office, staff 23A-2 Rejection of Bids for Catalina Street Pump Owners Association Water Service Connection & Diamond Park Mutual Water Company Water Main Improvements (Project Nos. 10-6403 & 10-6404) October 17, 2011 Page 3 concluded that failure of the apparent low bidder to provide Appendices E and F with its bid is a minor inconsistency. In reviewing the bidding documents, staff determined that these documents were developed at a time when the City believed federal funds would be used to complete both projects. Since that time, Proposition 84 funding was secured for both projects which does not require inclusion of disadvantaged business outreach. Since the source of funding does not have a DBE requirement, staff recommends that all bids for both projects be rejected and re-advertised with new contract documents. The documents will remove the DBE requirements and will provide clear directions to contractors which will most likely result in more competitive bids for the City. Following Council action, staff will revise the notice inviting bids and rebid both water main improvement projects. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Raul Godinez I Executive Dire r Public Works Agency RG/ET 23A-3 23A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 17, 2011 TITLE: AGREEMENT WITH SCHULTZ AND WILLIAMS TO STUDY FUTURE MANAGEMENT OPTIONS FOR THE SANTA ANA ZOO AT PRENTICE PARK CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1st Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Schultz and Williams to provide a report on future management options for the Santa Ana Zoo at Prentice Park in the amount of $39,275 for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency is responsible for the management and operation of the Santa Ana Zoo at Prentice Park. Ten full-time and 22 part-time staff are responsible for the care and welfare of 292 animals in 54 exhibits. The Zoo receives approximately 254,000 visitors per year, has an annual budget of $1,585,145, and generates approximately $827,000 in annual revenue. The City provides a general fund subsidy of approximately $760,000. One of the recommendations in Management Partners' Budget Stabilization Study is to "Engage a consulting firm to identify options and an appropriate process for privatizing the Santa Ana Zoo". Through the proposed agreement, Schultz and Williams will analyze the current management structure at the Zoo and identify potential future management options. In addition, Schultz and Williams will assess the strengths and weaknesses of each option along with the financial impacts on the City and the Zoo, and finally make recommendations on the most viable and sustaining management option for the City and the Zoo. Schultz and Williams has performed similar studies for many other cities including Kansas City, Detroit, Fresno, Houston, Dallas and Tulsa. The agreement includes a base amount of $29,875, $4,400 in travel expenses and a $5,000 contingency, for a not to exceed amount of $39,275. 25A-1 Schultz and Williams Agreement October 17, 2011 Page 2 FISCAL IMPACT Funds are available in the Santa Ana Zoo contract services account (no. 01113220 62300). Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez, Executive Director Finance and Management Services Agency 25A-2 AGREEMENT FOR PROVISION OF OPERATIONAL ANALYSIS SERVICES THIS AGREEMENT, made and entered into this 17`h day of October, 2011 by and between Schultz and Williams, Inc., a 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 of operational assessment practices, to review and suggest alternatives for the management of the Santa Ana Zoo at Prentice Park. B. Consultant represents that it 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 analyze the current management structure of the Santa Ana Zoo at Prentice Park ("Zoo") to identify potential management options, as set forth in Consultant's Proposal attached hereto as Exhibit A and incorporated by this reference. These options may include privatizing the operation and/or reallocating services and resources currently utilized by the City in operating the Zoo. Consultant will assess the strengths and weaknesses of each option, including financial impacts on the City and the Zoo operations and make recommendations for the most viable public/private management structure for the Zoo. 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. 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 approval of the City, and (b) the authors of all such material, whether 25A-3 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: • A fee of $29,875.00, payable on a milestones and deliverables basis, as set forth in Exhibit A. • Necessary travel expenses incurred by Consultant not to exceed $4,400.00. The total amount that may be expended pursuant to this Agreement shall not exceed $39,275, which includes a $5,000 contingency which may be authorized on the written direction of the Executive Director of Parks, Recreation and Community Services. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Each monthly invoice shall list milestones delivered and/or activities completed in the previous month, and the payment due therefore. 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 June 30, 2012, unless terminated earlier in accordance with Section 13, below. 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: 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 25A-4 primary and not contributory 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 $2,000,000 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 executio:.a 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 death, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section l 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 effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 25A-5 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) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714-647-6956 With courtesy copies to: and Parks, Recreation and Community Services City of Santa Ana 26 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, California 92702 Fax 714-571-4221 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 25A-6 Fax 714-647-6515 To Consultant: Schultz & Williams Richard T. Biddle 325 Chestnut Street, Suite 700 Philadelphia, PA 19106 Fax 215-625-2701 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 th ds 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 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. 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. 25A-7 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 governed and construed in accordance with 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. b. This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile signatures will be permitted. c. 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. d. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25A-8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager SCHULTZ & WILLIAMS, INC. RICHARD T. BIDDLE Vice President Tax ID# 25A-9 25A-10 EXHIBIT A SCOPE OF SERVICE 25A-11 Schultz & Williams development, management, mar$eting September 26, 2011 Mr. Kent Yamaguchi Zoo Manager Santa Ana Zoo 1801 E. Chestnut Ave Santa Ana, CA 92701 RE: Santa Ana Zoo Management Assessment & Options Proposal Dear Kent, Based on our recent discussions and the City's request to study the potential future management options for the Santa Ana Zoo, I am pleased to submit this proposal for your review and approval. The underlying premise or objective of this study is to determine how best to leverage or eliminate/reduce the City's general fund subsidy in support of the Santa Ana Zoo. The purpose of this study to identify the potential management options, assess the strengths and weaknesses of each option along with the financial impacts on the City of Santa Ana and Zoo and finally to make a recommendation on the most viable and sustainable management option for the Santa Ana Zoo and the City of Santa Ana. Given our extension experience in managing the "shift in the governance of zoos," we believe that our assessment and recommendation will allow the Zoo to remain a treasured community resource while providing for a viable and sustainable business model that will support the future needs of the communities that the Zoo serves. Our recommendations will be realistic and achievable and will provide the strategic framework for the Zoo's future financial, organizational and operational plans that will be developed once the future management structure has been approved. As we discussed, Gregg Hudson, Executive Director of the Dallas Zoo, will work with me in completing this study. Gregg's experience in managing the shift in governance at the Dallas Zoo will be an invaluable resource for us to draw upon in outlining the potential future management options for the Santa Ana Zoo. As you know, I worked with Gregg to develop the transition plan for the Dallas Zoo and Gregg has been instrumental in helping to frame some of the key issues related to the governance study that we are completing for the North Carolina Zoo. In addition, my recent involvement with the City of Dallas, City of Tulsa, and the leadership of Milwaukee County Wisconsin and Kent County Michigan, in developing their respective zoo privatization plans, will be an invaluable resource to you and City leaders in ensuring the Zoo's future growth and viability. QUALIFICATIONS Schultz & Williams (S&W) is uniquely qualified to develop the Zoo's governance plan and organizational analysis. S&W has extensive experience working with zoos of all sizes. We have helped develop strategic, business and operational plans for over 75 AZA accredited institutions with operating budgets 25A-12 Santa Ana Zoo Management Assessment & Options Proposal September 26, 2011 Schultz & Williams Page 2 from less than $1,000,000 to well over $20,000,000 and attendance ranging from 75,000 to nearly 2,000,000. Our strategic and business-focused planning projects have: Leveraged community support for our zoological clients through the successful passage of voter- approved funding initiatives in Portland, Oregon; Salt Lake City, Utah; and Fresno, California. We have also developed a strategic relocation plan for the Sacramento Zoo in Sacramento, California. Developed privatization plans at the Kansas City Zoo, Woodland Park Zoo, Detroit Zoo, Fresno Chaffee Zoo, Houston Zoo, and mostly recently The Dallas and Tulsa Zoos. Served as the lead business planning consultant for The National Elephant Center, which is currently under development in Florida. Completed strategic plans for Utah's Hogle Zoo (currently working on a second update to our original plan), the Denver Zoo (focused on Board roles and leadership objectives) and currently the Cleveland Zoo, a collaborative engagement that includes the Cleveland MetroParks Zoo and Zoo Society. Founded in 1987, Schultz & Williams is a full-service planning and consulting firm dedicated to strengthening the viability of nonprofit organizations by helping them to maximize revenue potential from all available sources and to forge strong links with their communities. S&W is based in Philadelphia, with additional professional staff in Los Angeles, San Francisco, and Washington, D.C. S&W's expertise in assisting nonprofit institutions is nationally recognized. As career professionals, the S&W staff has held executive positions with numerous nonprofit cultural institutions. Our philosophy is to build long-term relationships with our clients; we are focused on strengthening organizations, assessing and improving performance and helping our clients fulfill their mission and overall goals. We seek innovative, short-term action plans designed for immediate results. Our goal is to leverage our broad experience across the industry towards what would work in your community. Additional information on S&W's current zoo clients can be found on our website at www.schultzwilliams.com. PLANNING APPROACH Based on our recent discussions, I have outlined below a planning approach that will integrate our collective thinking (City and its partners) and will help frame the big strategic opportunities for the future management and operations of the Santa Ana Zoo. Our approach will address the following: 1. Identify the potential management options for operating the Santa Ana Zoo - currently at least three: A. Close the Zoo; B. Shift in governance and management to not-for-profit entity; and C. Self-sufficient model with current public/private structure, potentially with modifications 2. Current and future baseline financial operating model of the Santa Ana Zoo 3. Role(s) and responsibilities of the City and its partners 4. City's financial commitment, if any, in the future operations of the Santa Ana Zoo 5. Recommendation on preferred management option - the Zoo's future financial, organizational and operational plans under the preferred option will be developed once the new management structure has been approved. 25A-13 Santa Ana Zoo Management Assessment & Options Proposal September 26, 2011 Schultz & Williams Pnna 3 Identifying & Framing the Strategic Opportunities and Options Step 1: Meet with Friends of the Santa Ana Zoo and Zoo Director to better understand the current baseline organizational model: ¦ Discuss organizational trends and governance structures in Zoos ¦ Identify benchmark case study models and comparisons/outcomes ¦ Summarize roles and responsibilities and report relationships ¦ Develop/review financial profile of current baseline ? City expenses and services ? Friends costs and services ? Revenue Model ? Note: Review FOSAZ's projections of future operating revenue/expense models ¦ Identify impacts of current "status quo" of the Zoo ¦ Identify opportunities and/or options to strengthen or improve existing structure ¦ Prepare summary "findings" report Step 2: Leadership Discussions: ¦ Schedule one-on-one interviews with the Interim City Manager and Executive Director of Parks, Recreation and Community Services to discuss opportunities and challenges with current and future management models ¦ Schedule a meeting the Friends of the Santa Ana Zoo leadership to review governance trends within the zoo industry and opportunities and challenges with existing and future management models Step 3: Identify future management models for the Santa Ana Zoo. For each potential management model, identify: ¦ Role of City: ownership of land and facility assets; funding commitment; indirect services; oversight ¦ Role of FOSAZ/Partner: management and operations; governance; funding ¦ Community Impact: public-relations; investment; usage or re-use options ¦ Financial Impacts: short/long-term impacts Step 4: For each potential management model, identify criteria: ¦ Underlying strategic and organizational assumptions • Strengths, challenges and opportunities ¦ Financial pro forma projections ¦ Financial impact on the City: dollars, control, services ¦ Timeline for implementation ¦ Prepare summary matrix of potential management options Step 5: Recommendation on preferred management option: ¦ Based on discussions, review of all available information and our professional experience, make formal recommendation on preferred management option including identifying next steps and timeline for moving forward. If needed, a weighted-rating scale could be developed to support our recommendation. ¦ Prepare a final report document that summarizes Steps 1- 4 as outlined above. We could assess the City and its partners in the implementation of the identified recommendations. 25A-14 Santa Ana Zoo Management Assessment & Options Proposal September 26, 2011 Schultz & Williams PROIECTTIMELINE November 2011- Assessment ¦ Data collection & development of profile ¦ Review baseline financial info: history and Friends of the Zoo projections ¦ Conduct leadership interviews with City and Friends • Meeting #1- target November 2nd - November 4th ? Tour of the Zoo ? Review organizational and governance trends ? Discuss and review financial impacts ? Conduct interviews with City and Friends of the Zoo December 2011- Develop management models for the Santa Ana Zoo ¦ Provide Step 1 Summary findings report ¦ Develop roles of City, partners & potential funding impact ¦ Identify community impacts for each model January 2012 - Preliminary impacts for each potential management model ¦ Meeting #2 : date-to-be-determined - target third week in January '12 ¦ Review strategic assumptions • Review/discuss financial projections ¦ Draft summary matrix of management options reviewed and discussed with Zoo leadership February 2012 - Recommendations and Final Report ¦ Meeting #3: date-to-be-determined - target third or fourth week of February '12 ¦ Review draft of final report; present final report Deliverables Upon completion of the management assessment and options study, S&W will produce the following deliverables: Final Report including ? Summary Findings/Assessment Report (Interim draft) ? Summary Matrix of Management Options and Criteria (Interim draft) ? Recommendation on Preferred Management Option ? Funding Recommendation supporting the Preferred Option 25A-15 Santa Ana Zoo Management Assessment & Options Proposal September 26, 2011 Schultz & Williams Paae 5 STAFFING Rick Biddle, Vice President I will manage this project and be involved in all key meetings and discussions. Gregg Hudson will work with me throughout this study and be involved in the leadership interviews. Although I support a wide range of clients and have a high level of experience in finance, strategic planning, operations and fundraising, my particular area of expertise is in the operations of zoos and museums. Under my leadership and guidance, S&W recently completed strategic business plans for the Little Rock Zoo, Point Defiance Zoo & Aquarium and the Riverbanks Zoo (Columbia SC) and is currently completing business/governance plans for the Columbus Zoo, Hogle Zoo (Salt Lake City, UT) and the Mesker Park Zoo (Evansville, ID). My hands-on experience working for zoos, allows me to understand and appreciate the challenges of managing a cultural organization from "the other side of the desk." Prior to joining Schultz & Williams in 1992, 1 served for 11 years as Chief Operating Officer of the Zoological Society of Philadelphia, America's oldest zoo. Gregg Hudson. Senior Advisor Gregg Hudson has over 30 years of experience in the hospitality industry and over 20 years' experience leading some of the top zoological institutions in the country. Gregg has been CEO of the Fort Worth Zoo and Cincinnati Zoo & Botanical Garden. He is currently the CEO of the Dallas Zoo & Children's Aquarium at Fair Park. Gregg brings to the table a strong background in Marketing and Operations and has developed a keen understanding of governmental relationships along with managing their support to zoological institutions. Gregg just recently managed the Dallas Zoo through the privatization process (2009) and just completed and successfully opened the $32M Giants of the Savanna exhibit. FEES AND REIMBURSABLE EXPENSES Our fee to complete the management assessment and options study is $29,875, including three site meetings as outlined above and producing the draft and final written report. Our fee does not include the reimbursement of reasonable travel expenses. Our fee is based on our best estimate of the time required to complete the scope of services outlined above. Any changes in the scope of services may affect our professional fee. We estimate that, based on current airfare costs from Philadelphia or Dallas to Orange County, a per trip cost of $1,100 for out-of-pocket reimbursable travel expenses including coach airfare, hotel, car, parking and per diem expenses. With the projected three planning meetings, representing four person trips as Gregg and I will both be attendance for Meeting #1, (2 days/2 nights on average), total reimbursable travel expenses are estimated at $4,400. After reviewing the planning approach outline within this proposal, should you have comments or questions, please feel free to contact me. I can be reached via my cell (609-332-3309), the office (215- 625-9955, ext. 109) or via e-mail at rbiddle schultzwilliams.com 25A-16 Santa Ana Zoo Management Assessment & Options Proposal September 26, 2011 Schultz & Williams Pape 6 I appreciate the opportunity to submit this proposal to you and look forward to working with you and the City to assess the future management options for the Santa Ana Zoo. Best regards, Richard T. Biddle Vice President 25A-17 25A-18 EXHIBIT B PAYMENT MILESTONES Consultant's fee to complete the management assessment and options study is $29,875, including three site meetings as outlined above and producing the draft and final written report. This fee does not include the reimbursement of reasonable travel expenses. The fee is based on Consultant's estimate of the time required to complete the scope of services outlined above. Any changes in the scope of services may affect the fee. Said fee shall be paid on a milestone basis as follows: Deliverable Estimated Delivery Date Fee • Draft Assessment/Findings Report • Summary of Potential Governance/ Management Options with Roles, Potential Financial Impacts and Key Criteria • Summary draft of Management Matrix and Funding requirements • Draft Final Report for review and comment • Acceptance by City of Final Report November 15, 2011 $6,500 December 15, 2011 $6,000 January 15, 2012 $7,500 (Not invoiced) $0 February 15, 2012 $9,875 Consultant shall bill reimbursable expenses on each milestone invoice as they are incurred. 25A-19 25A-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 17, 2011 TITLE: AGREEMENT WITH LINEAR SYSTEMS FOR ANNUAL MAINTENANCE AND UPGRADE TO POLICE DIGITAL IMAGING MANAGEMENT SYSTEM 3 CI MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15L Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager, Chief of Police and the Clerk of the Council to execute an agreement with Linear Systems for the continued maintenance and upgrade of the Digital Imaging Management System (DIMS), which maintains all photographic still, video and audio evidence for the city and police department, in an amount not to exceed $33,325.75. DISCUSSION The Police Department's Digital Imaging Management System (DIMS) was purchased in 2004 through Urban Area Security Initiative (UASI) funds and allows crime scene images to be captured and stored digitally. It currently houses nearly five-hundred thousand crime scene photographs and countless hours of crime scene video and audio footage. This system is a compulsory investigative tool that assists in the successful documentation of extensive crime scenes. Such a system is of paramount importance to criminal investigations and its maintenance, continued security, and storage redundancy is undeniably obligatory. The responsible vendor, Linear Systems, has been accommodating, professional and consistent in it's servicing of the system thus far. 25B-1 Police Digital Evidence Management System Maintenance October 17, 2011 Page 2 FISCAL IMPACT Funds are available in the Police Department's Investigations Bureau / Forensic Services Contractual Account #02614450 62300. APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police Police Department Francisco Gutierrez Executive Director Finance & Management. Services Agency 25B-2 SIXTH AMENDMENT TO LINEAR SYSTEMS DIGITAL IMAGING MANAGEMENT SYSTEM CONSULTANT AGREEMENT THIS FIFTH AMENDMENT TO AGREEMENT is entered into on this day of , 2011, by and between Linear Systems ("Consultant") 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 # A-2005-166, dated July 21, 2005, (hereinafter "said Agreement") by which Consultant has provided digital imaging software and maintenance for use by the City's Police Department Forensic Division. B. Said Agreement was subsequently amended by First Amendment to Agreement No. A-2006-166-01, dated March 28, 2007, to include additional equipment and provided extended warranties, support and maintenance. C. Said Agreement was subsequently amended by Second Amendment to Agreement No. A-2006-166-02, dated March 6, 2008, to extend the warranties, maintenance and support and to set forth the parties' agreement as to the annual maintenance period. D. Said Agreement was subsequently amended by Third Amendment to Agreement No. A-2009-046, dated May 4, 2009, to extend the warranties, maintenance and support and to set forth the parties' agreement as to the annual maintenance period. E. Said Agreement was subsequently amended by Fourth Amendment to Agreement No. A-2010-230, dated November 15, 2010, to provide equipment upgrades, extend the term of software support and maintenance provisions, and increase compensation to pay for the upgrades and support and maintenance. F. Said Agreement was subsequently amended by Fifth Amendment to Agreement No. A-2011-066, dated February 14, 2011, to expand the City's current 3.2 TB Digital Imaging System server to a 16TB capacity to ensure continued support of all Santa Ana Police Department's digital evidence assets, provide for training, temporary storage systems as necessary during the expansion, provide for ongoing mainten ince and support services for the expanded system at no additional charge to City, and to increase compensation to pay for costs related to the expanded system. G. In accordance with the terms and conditions of said Agreement, the parties wish to amend said Agreement to extend the warranties, maintenance and support provisions for a one-year period and increase compensation to pay for these services during the extended term. 25B-3 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 Sixth Amendment to Agreement, the parties agree as follows: 1. Section 3.a, COMPENSATION, shall be amended to increase compensation to $33,325.75 to pay for on-site warranty, maintenance and support services provided during the extended term. 2. Section 4, TERM, shall be amended to extend the warranties, maintenance and support for an additional one-year period from July 1, 2011 through June 30, 2012. In order to provide continuous uninterrupted service, all services provided by Consultant since July 1, 2011, shall be included within the Scope of Services of this Agreement. 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 Sixth Amendment to said Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council PAUL M. WALTERS Interim City Manager APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: Teresa L. Judd Assistant City Attorney LINEAR SYSTEMS (Print Name) (Print Title) 25B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 17, 2011 TITLE: AGREEMENT TO PROVIDE EDUCATIONAL SERVICES TO SANTA ANA SCHOOLS ON WATER-RELATED ISSUES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1St Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with the Municipal Water District of Orange County, subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide educational services to Santa Ana schools on water-related issues, in an amount not to exceed $30,000. DISCUSSION The City of Santa Ana is an original signatory to the California Urban Water Conservation Council's (CUWCC) ten best management practices (BMPs) for water use efficiency. Public information programs are identified by CUWCC as one of the important BMPs used to meet water use efficiency objectives. School education programs are specifically identified within the BMPs as a tool to be used to reach young water users at an early age and reinforce the need to engage in water conservation as a life-long behavior. The City has historically contracted with the Municipal Water District of Orange County (MWDOC) to provide water-related education services to Santa Ana schools. Educational services include assembly presentations, student workbooks, teacher's guides, and other educational materials. This has been a successful and popular educational program that the City has provided to the students of Santa Ana for several years with the assistance of MWDOC. The program uses trained education specialists through the Discovery Science Center in Santa Ana to organize and conduct the water education program. This unique program provides a high-quality product at a reasonable cost per student instructed. ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action. 25C-1 Agreement to Provide Educational Services to Santa Ana Schools on Water-Related Issues October 17, 2011 Page 2 FISCAL IMPACT Funds are available in the Water Quality & Measurement Account (accounting unit 06017644-62300). A Raul Godinez II Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: 3? \_? p J_ __.? ? ?, :? , '. - - - Francisco Gutierrez Executive Director Finance & Management Services Agency RG: RB/lc Exhibits: 1. Agreement 25C-2 AGREEMENT TO PROVIDE EDUCATIONAL SERVICES TO SANTA ANA SCHOOLS ON WATER-RELATED ISSUES THIS AGREEMENT, made and entered into this 1st day of August, 2011, by and between the CITY OF SANTA ANA, a municipal corporation of the State of California, hereinafter referred to as "CITY", and the MUNICIPAL WATER DISTRICT OF ORANGE COUNTY, hereinafter referred to as "MWDOC". WHEREAS, the CITY desires to obtain, and MWDOC desires to provide, educational services to Santa Ana schools on subjects related to water; NOW, THEREFORE, for and in consideration of the mutual promises, covenants and conditions herein contained, the parties hereto agree as follows: 1. SERVICES TO BE PROVIDED BY MWDOC A. MWDOC shall give notification of its offer of water education services to all schools serving grades kindergarten (k) through five (5), both public and private, within the city limits of Santa Ana, at least one time per year. B. Educational services offered by MWDOC shall include, but shall not be limited to assembly presentations, student workbooks, and teachers' guides. C. Educational programs provided by MWDOC shall include, but shall not be limited to, the current and future supply situation for the region and for the Santa Ana area, water distribution and treatment within Orange County and Santa Ana, water conservation, new technologies and information supplied by the CITY about its water utility. Exhibit 1 1 25C-3 - ------- ------ D. MWDOC shall supply trained education specialists through Discovery Science Center to plan, organize, and conduct water education programs. E. MWDOC shall supply classroom materials, e.g., workbooks and stickers. F. MWDOC shall provide the CITY with monthly reports specifying which schools were visited, what activities were done, and the number of students participating in the program. 2. SERVICES TO BE PROVIDED BY THE CITY A. The CITY may provide supplemental information from its water utility for distribution to teachers and students. B. The CITY may provide tours of Santa Ana water utility facilities in coordination with MWDOC's program on request. 3. COMPENSATION TO MWDOC A. The City agrees to pay, and MWDOC agrees to accept as total compensation for services and materials rendered pursuant to this Agreement, the rate of $2.90 per student participating in the educational services program in the 2011-12 school year. This charge is subject to change for subsequent school years. A revised per-student charge for the 2012-13 school year shall be provided to the CITY at least ninety (90) days before the end of the term specified in this Agreement. B. Full and complete payment for all services provided in accordance with this Agreement shall not exceed $30,000 per year. 2 25C-4 1 C. MWDOC shall invoice the CITY semi-annually in January and June, and the CITY will pay the full amount due on an undisputed invoice within thirty (30) days of receipt of the invoice. 4. TERM A. This Agreement shall become effective on August 1, 2011 and shall continue for a period of one year. B. This Agreement shall be automatically extended for an additional one-year term unless the CITY or MWDOC provide the other party with written notice of termination at least thirty (30) days before the new term begins. C. The CITY or MWDOC may terminate this Agreement upon giving thirty (30) days written notice, as provided in Section 9 of this Agreement, to the other party. D. In the event of termination, the CITY shall-pay MWDOC for all services performed in accordance with this Agreement up to and including the date of termination. E. In the event of termination, MWDOC agrees to deliver to the CITY all reports called for in Section 1(F) of this Agreement within thirty (30) days. 3. INSURANCE A. The performance of MWDOC's services hereunder shall be in the capacity of an independent contractor and not as an officer, agent, or employee of the CITY. 3 25C-5 1 B. Any and all of MWDOC's personnel shall be employees, agent, or subcontractors of MWDOC and not employees of the CITY, nor shall the employees, agents, or subcontractors of the CITY be deemed employees or agents of MWDOC. C. Neither the CITY nor MWDOC shall have authority, express or implied, to perform any act or make any promises, representation,. or commitment which would be binding upon the other. D. MWDOC shall provide Workers' Compensation insurance for its employees as required by California statutes. E. MWDOC shall provide the CITY, upon request, certificates of insurance for Workers' Compensation and general liability covering its performance pursuant to this Agreement. F. MWDOC shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, marital statue, national origin, ancestry, physical handicap, or medical condition. fi. INDEMNITY Each of the parties agrees to indemnify, defend, and hold harmless the other party, its officers, agents, employees, representatives, and volunteers from damage to property and for injury to or death of any person and from all claims, demands, actions, liability, or damages of any kind or nature arising out of or in connection with the provision of MWDOC's services under this Agreement, resulting from the willful or negligent acts or omissions of its officers, agents, employees, representatives and/or volunteers. 4 25C-6 1 7. ENTIRE AGREEMENT This writing constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all oral or written representations or written agreements which may have been entered into between the parties. No modification or revision shall be of any force or effect, unless the same is in writing and executed by the parties hereto. 8. COMPLIANCE WITH LAWS All services performed by MWDOC pursuant to this Agreement shall comply with all Federal, State and local laws and regulations, including those of the CITY OF SANTA ANA. 9. NOTICE All notices- pursuant to this Agreement shall be given in writing by personal delivery or sent by U.S. mail, postage prepaid, and addressed to the parties as follows: . . 4? Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza Ross Annex Santa Ana CA 92701 Mr. Kevin P. Hunt, General Manager Municipal Water District of Orange County 18700 Ward Street Fountain Valley, CA 92708 5 25C-7 I Notices personally delivered shall be deemed communicated on delivery. Mail notices shall be deemed communicated 48 hours after deposit in the U.S. mail, postage prepaid and addressed to the indicated above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date hereinafter respectfully set forth. CITY OF SANTA ANA, a Municipal Corporation of the State of California Paul M.' 10altera Interim-City Manager CITY OF SANTA ANA ATTEST: Maria D. Huizar Clerk of the Council IM "FO APPROVAL p6 Ra odinez, R Executive Director, blic Works ?PR0V1-,,.; AS TO FORM 4. St tt Sheerly -" v Attornn%, 6 MUNICIPAL WATER DISTRICT OF ORANGE COUNTY ahl A Ke in . Hunt General Manager MUNICIPAL WATER DISTRICT OF ORANGE COUNTY 25C-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 17, 2011 TITLE: AGREEMENT FOR PREPARATION OF A SANITARY SEWER AND WATER FINANCIAL PLAN WITH BLACK & VEATCH CORPORATION CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Black & Veatch Corporation in an amount not to exceed $230,000 for the preparation of the City's 2012 Sanitary Sewer and Water Financial Plan. DISCUSSION On June 6, 2011, the City Council approved an increase in water and sewer rates and directed staff to have an assessment prepared that addresses the City's long-term water and sanitary sewer infrastructure needs. The Water Resources staff prepared a Request for Proposals (RFP) for an assessment of the water and sewer systems and sent it to qualified firms on August 21, 2011. RFPs were sent to the following firms: Black and Veatch Brown and Caldwell CH2M Hill HDR Inc. M.F. Whipple and Associates MWH Americas, Inc. Two responses were received and evaluated by a four-member selection committee. Both firms scored above the minimum acceptable score of 70. Sealed fee envelopes were then opened and the fee proposals were analyzed. Listed below are the ratings and proposed fees of the two firms. Firm Score Fee Black and Veatch 95 $191,340 M.F. Whipple and Associates 72.5 $56,190 25D-1 Agreement for Preparation of a Sanitary Sewer and Water Financial Plan October 3, 2011 Page 2 Staff recommends that Black & Veatch Corporation be retained for this project. Their proposal encompassed a clear understanding of the City's goals and objectives as required by the RFP. The primary result is expected to include a Rehabilitation and Replacement (R&R) Program and a reasonable rate schedule. In addition, their proposal will provide the City with two separate tools for future use. The first tool is a database intended to categorize all the City's water and sewer assets. Black & Veatch Corporation's database tool allows the City to update the condition of assets on an on-going basis and Black & Veatch proposes to assist with potential interfaces with the City's asset management systems. The R&R Program schedule of recommendations generated by the database feeds into the second tool proposed, which is a financial model for each utility. This financial modeling tool will allow consideration of different capital improvement needs, develop an prioritize R&R schedules, and provide for "what-if' analyses for various reserve funding and rate increase scenarios. Black & Veatch Corporation designed both tools for use on an on-going basis. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Water Administrative and Engineering Fund (account no. 06017645 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II Executive Direc or Public Works Agency Francisco Gutierrez Executive Director Finance & Management Services Agency RG:RB Exhibit: 1. Consultant Agreement 25D-2 AGREEMENT FOR PROVISION OF FINANCIAL AND ENGINEERING EVALUATION SERVICES THIS AGREEMENT, made and entered into this 19`h day of September, 2011 by and between Black and Veatch 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 engineering and financial analysis to evaluate the City's sanitary sewer and water program. 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 financial and engineering evaluation services to prepare a sanitary sewer and water utility financial plan for the City, as set forth in Exhibit A, attached hereto 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. 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 such material shall be the property of the City, and (b) the authors of all such material, 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. 1 25D-3 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $230,000.00 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. 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 June 30, 2012, 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 for City, and by the Project Manager for Consultant. 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: 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 and not contributory 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 256-4 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. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 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. f. 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 death, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct of the Consultant or its contractors, 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 256-5 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) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax No. 714- 647-6956 With courtesy copies to: and 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 Fax No. 714- 647-5622 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax No. 714- 647-6515 To Consultant: Black and Veatch Corporation Marty Travers 800 Wilshire Boulevard, Suite 600 Los Angeles, California 90017 Fax No. 213-312-3399 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 25D-6 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 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. 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. 25d-7 15. JURISDICTION - VENUE 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 its 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. 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. /// /// /// Zs6-s 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 Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ, II Executive Director Public Works Agency PAUL M. WALTERS Interim City Manager BLACK AND VEATCH CORPORATION MARTY TRAVERS President 25D-9 25D-10 City of Santa Ana, CA I SANITARY SEWER AND WATER FINANCIAL PLAN Scope of Work PROJECT UNDERSTANDING The City of Santa Ana wishes to obtain a qualified consultant to 1) conduct an evaluation of the City's sanitary sewer and water systems and 2) to perform a comprehensive sanitary sewer and water rate study. The study will entail an assessment of the City's infrastructure to develop a Rehabilitation and Replacement (R&R) Program and then design both sanitary sewer and water rates that comply with all legal requirements and protect the long-term financial health of the systems. The major goals identified include: €4 Develop sanitary sewer and water rates that are fair, objective and fiscally appropriate over a 20-year study period. i Assess the City's operations and budgets to determine current and future level of service. tl Evaluate the City's sanitary sewer and water infrastructure and determine necessary improvements. I Develop an R&R Program and long-range budget for both the sanitary sewer and water systems. M Provide alternative funding mechanisms to fund operations and capital improvements while minimizing rate impacts. V1 It is also understood that the City may deem it necessary to perform the following additional duties: R Project growth and water demands for the sanitary sewer and water systems. El Conduct a rate analysis on the basis of available water supply. rIR Build a complete and comprehensive CIP program for both the sanitary sewer and water systems. i4 Develop a Water Master Plan using existing City GIS data. Similar to other sewer and water systems in California, the City is facing several challenges presented by reduced water demand, water supply shortages, cutbacks in personnel, the recent adoption of SBx7-7, and increased environmental regulations. In light of these, the City is striving to provide reliable sewer and water services at affordable rates to its residents. The result of this study will assist the City in meetings its goals. City of Santa Ana Operations The City of Santa Ana serves a population of about 320,000 residents in Orange County, California. It obtains its potable water supply from groundwater and import water via Metropolitan Water District. The BLACK & VEATCH I Scope of Work Exhibit A 25D-11 City of Santa Ana, CA I SANITARY SEWER AND WATER FINANCIAL PLAN water system consists of 20 wells, 8 reservoirs for a total capacity of 49 million gallons, 7 import water interconnections, 7 booster pumping stations, and 16 emergency interconnections with neighboring utilities. The sanitary sewer system is a collection only system with 2 lift stations, 45,000 laterals, 8;000 manholes and 390 miles of pipelines. PROJECT APPROACH Black & Veatch has developed a project approach that relies on the fundamental principle of first understanding the needs and priorities, recognizing the evolving nature of the sewer and water systems, and then developing a holistic, yet flexible solution aligned with meeting the City's defined goals and stated objectives. Rehabilitation and Replacement Program To meet the City's objective of developing an R&R Program, Black & Veatch will utilize our Comprehensive Asset Management & Prioritization System (CAMPS) model. CAMPS utilizes a holistic approach to managing assets for Capital Asset Management Programs. Due to the City's immediate needs of defining a R&R Program that can be incorporated into the rate study portion, Black & Veatch's approach is to employ the CAMPS model. The CAMPS model is based on projecting the capital rehabilitation and replacement of each asset or grouping of similar assets (e.g. long pipe runs) that will be needed each year to service the City's customers. By aggregating Capital R&R needs by year, financial needs are also identified and can be integrated into the financial plan. As illustrated in the flowchart to the right, the key activities consist of the following: U Confirm all capital assets have been incorporated into the inventory to properly project the R&R needs into the future. E-s Populate the CAMPS Model with available asset inventory data to project R&R schedules and costs for each capital asset by year, considering the following critical elements: Reporting on annual needs for each system. o Allowance for criticality rankings to be incorporated into the model for prioritizing expenditures and considering multiple scenarios based on risk tolerance. BLACK & VEATCH I Scope of Work 25D-12 City of Santa Ana, CA ( SANITARY SEWER AND WATER FINANCIAL PLAN - - -- ----------- Develop specific recommendations for the rate study based on the R&R modeling results and appropriate funding policy changes. Sanitary Sewer and Water Rate Study To meet the City's objective of performing a cost of service and rate study, Black & Veatch will utilize the project approach depicted in Figure 1. The key components consist of the following: Of Financial Planning. Rates and charges should generate adequate revenues to meet the operating and capital costs and provide for the financial stability of both the sanitary sewer and water systems. The analysis will be conducted and modeled to provide for scenario "what-if' assessment, taking into consideration book when it i different assumptions related to growth, analyses. Fran conservation, revenue, and expenses. 47 Cost of Service. The cost of service analyses will take into consideration the functional helped establi aspects of both system operations and cost guidelines for components such as capacity costs, commodity costs, customer costs and other direct costs. The analysis will evaluate the existing systems and the relative load placed on the systems by the different customer classes to fairly allocate costs based on services received. Rate Design. The rate design recommendations will incorporate the City's objectives of examining the rates that promote water conservation goals. Through our experience with multiple utilities, Black & Veatch will help develop rates and charges that are fair, equitable, and defensible and in accordance with AWWA Manual M1 and WEF MOP 27. BLACK & VEATCH I Scope of work 25D-13 Rate Design City of Santa Ana, CA I SANITARY SEWER AND WATER FINANCIAL PLAN Methodology Using the project approach as a guide, Black & Veatch has developed a detailed methodology that outlines the required tasks to meet the City's objectives. Task 1- Project Management The objective of this task will be to establish lines of communication, get an in-depth understanding of the study goals and objectives, assign roles and responsibilities, and address questions and concerns. Specific subtasks are: 1.1 Meet to introduce consultant team to City staff, confirm the overall project purpose, and discuss approach and strategies associated with an R&R Program and rate study. 1.2 Obtain financial, operational and other pertinent information based on initial data request. List of data required for the study includes, but is not limited to: Sanitary sewer and water GIS information (already made available). Additional listing of assets not included in the GIS database. Historical asset replacement documentation, historical documentation of maintenance, and the latest Sewer and Water Master Plans. E Revenue budget data covering rate schedules, basis for billings, revenue data, and usage records for all customer classes for the most recent five years. I Expense budget data covering operation and maintenance (0&M), water purchases, routine capital outlay. fl, Long-term capital improvement project plan with estimated costs and scheduling. &= Debt issuance official statements that provide information about debt service, bond covenants, debt service coverage requirements, etc. REHABILITATION AND REPLACEMENT PROGRAM Task 2 - Asset Inventory Gap Analysis The objective of this task is to conduct an asset inventory assessment and to identify gaps in the dataset. Specific subtasks are: BLACK & VEATCH I Methodology 25D-14 City of Santa Ana, CA i SANITARY SEWER AND WATER FINANCIAL PLAN 2.1 Assess the GIS database provided by the City to confirm that sufficient information is available to model capital rehabilitation and replacement needs. 2.2 Meet with City staff to identify additional assets not in the GIS system that will need to be evaluated. 2.3 Review historical asset documentation including maintenance records, Master Plans, close-circuited television (CCTV) reports, and other documents. 2.4 Conduct field inspections on the assets that are not in the GIS system and have no historical maintenance documentation. Task 3 - Capital Asset Rehabilitation and Replacement Needs Evaluation The objective of this task is to develop the R&R Program based on Comprehensive Asset Management & Prioritization System (CAMPS) that can be used in the rate study tasks. CAMPS is an MS Access tools developed by Black & Veatch to manage all assumptions for projecting R&R schedules and costs and to model the R&R activities and funding parameters. BLACK & VEATCH Building a world of difference'. .rte ?s CAMPS "Comprehensive Asset Management and Prioritization System" t-k ].e Q V%t MwRmbuy Vltn ASraltlasf lbrary New RdsubisMRents aaa vRwAMl+ktr.[oR R.e?s R"phaamet © (E Awry hr fi tocYt MadNSgeaddeNO t®tmt. •.? view-My Mode... Specific subtasks are: 3.1 Develop a draft asset class listing based on the asset inventory provided by the City for both sanitary sewer and water capital assets. 3.2 Populate an Asset Class Library based on the agreed draft set of classes. The library will contain logical units of assets also known as "asset classes." In the context of CAMPS, asset classes are BLACK & VEATCH ( Methodology 25D-15 City of Santa Ana, CA i SANITARY SEWER AND WATER FINANCIAL PLAN defined by those assets having a similar function, cost structure, and useful lives and refurbishment intervals. 3.3 Incorporate into the Asset Class Library the useful lives, rehabilitation program definitions, intervals and costs, and replacement schedules and costs for each asset class based on industry standards. €-a Define Useful lives: For each defined asset class a determination as to expected useful life will be made. The useful life is defined as the number of years of normal use that can be expected prior to replacement becoming necessary. The estimate will be based on our industry experience, manufacturers' estimates, previous literature research, and our work for other agencies, These estimates are contained within our CAMPS Library. 5 Define rehabilitation programs, intervals and costs: Most asset classes require various capital rehabilitations on a cyclic basis in order to sustain or extend the asset's useful lives. Pump stations, for example, can be expected to undergo pump rehabilitation, motor overhaul, replacement of electric components, and mechanical overhaul at intervals shorter than the cycle for the replacement of the assets themselves. Where such programs are applicable, we will define appropriate rehabilitation intervals and costs that might be considered capital expenditures. Asset - Tank #107 Installation Date 1955 Asset Class ReserwirSteei Assot Glass Factors Repiacem@nt Factors UsotUt Li?e:;?; years- 60 PricdnpAttn buto Mc; 1 _ Unit Ante - $ 500,000 Re&crbTs?ent RefurbFslrci)ent 1 Painting Frequency years 1o cost 3 - 25,000 1)e(urbfshmer+t 2 Cleaning Frequency yeais 4 host S 40,000 Define replacement intervals and costs: For each asset class an estimate of the base-year replacement cost will be incorporated. The estimates will be based on the experience of our engineers, construction cost estimates we have recently prepared for other clients, industry standards, and our experience with other agencies. For unique assets, we will adjust historical costs to the base year using Engineering News and Report (ENR) indices. 0 Where possible, replacement costs, like other asset attributes, will be defined in terms of unit costs to facilitate the class-based estimating approach (dollars per foot of various types of pipe, dollars per gallon for storage facilities, dollars per square foot for buildings of various classes, etc.). fl Facilitate an Asset Class Validation Workshop: Each of these components of the asset class will be presented in detail within BLACK & VEATCH I Methodology 25D-16 City of Santa Ana, CA I SANITARY SEWER AND WATER FINANCIAL PLAN a workshop setting to incorporate City-specific experience with each asset class. We anticipate one 2-hour workshop for each area of capital infrastructure (sanitary sewer and water). ELI Understanding the time-sensitive nature of this study, Black & Veatch will leverage our extensive asset class library to the extent possible to collaboratively guide the City. 3.4 Define appropriate method for the City of determining asset value to comply with GASB34/35 standards. Black & Veatch proposes evaluating the reproduction cost new less depreciation (RCNLD) for assets within the inventory, as it provides a more accurate account of current "value" of the assets than original acquisition cost, less depreciation. CAMPS will be used to generate current asset values and depreciation. 3.5 Develop R&R schedules from CAMPS projecting the specific capitalized rehabilitation, replacement, and costs needed for the next 20 years. Costs are escalated to the year of the R&R. 3.6 Prioritize the R&R schedule based on "needs first" constraint. Needs first relies on the rehabbing or replacing assets that have the highest immediate possibility of failure based on their condition or life cycle. The updated R&R schedule will serve as the basis for R&R activities in the rate analysis portion of the study. 3.7 Specific considerations in the evaluation will be using NASSCO standards for sewer pipes and the incorporation of the water meter replacement program. SEWER AND WATER RATE STUDY Task 4 - Financial Plan The objective of this task is to develop the financial plan for the sanitary sewer and water systems. Specific subtasks are: 4.1 Review the latest Master Plans and Capital Improvement Program (CiP) documents Black R. Veatch will examine major C1P to: (1) identify whether the list of proposed projects appears to adequately and thoroughly address sanitary sewer and water improvement needs for the planning period, and (2) determine whether the City's methodology for project cost estimating appears reasonable. 4.2 Develop historical bill tabulation for water based on current billing system. The bill 100% 90% Bill Tabulation Distribution N 90% a 70% - b 60% , sox 4% - -' 30% 24% G1 10% 1 10 100 1,000 10,000 100,000 Sloat?ly Water Usage - Cd --tteswatial- - - •Commemiai-- - -la8utrial BLACK & VEATCH I Methodology 25D-17 City of Santa Ana, CA I SANITARY SEWER AND WATER FINANCIAL PLAN tabulation is a critical element in examining usage trends, potential structure modifications, and the creating new customer classes, In evaluating bill tabulation data, the basis for establishing new tiers, break points, exceptions and promoting water conservation can be determined. 4.3 Develop an Operating Fund financial plan based on forecasted revenue and expenses for the systems. The financial plan will cover a five (5) year period. The financial plan will incorporate the following elements: F Forecast sanitary sewer and water revenues under existing rates for the planning period recognizing projected accounts, volumes, and usage patterns by customer class. Forecast sanitary sewer and water 0&M expenses, power costs, distribution systems, debt service, transfers, reserves, and other expenditures. 4.4 Develop a Capital Fund long-term financial plan based on the capital needs assessment in subtask 4.1. The financial plan will include considerations for various financing alternatives and include a review for affordability based on current and expected rates. 4.5 Develop a R&R Fund financial plan based on capital needs identified in R&R Program that will incorporate annual depreciation expense. 4.6 Develop a profit and loss statement and cash flow forecast to determine the cash flow needs of the systems. The cash flow will serve as the basis for the cost of service and rate design analysis. 4.7 Review reserve fund levels and policy for operating, capital improvement, R&R, and emergencies. Task 5 - Cost of Service Analyses The objective of this task is to perform a cost of service analysis tailored to the City. The goal is to achieve revenue self-sufficiency between services and customer classes within the rate framework. Specific subtasks are: 5.1 Determine the appropriate functional classifications of costs for allocation purposes. 5.2 Classify functional expenses to cost components such as capacity costs, commodity costs, customer costs and other direct costs. BLACK & VEATCH I Methodology 25D-18 City of Santa Ana, CA 1 SANITARY SEWER AND WATER FINANCIAL PLAN 5.3 Classify plant investment to the functional costs categories such as supply, collection, pump stations, treatment, transmission, distribution, and meters. 5.4 Classify operating, administrative, engineering, 0&M, power, etc. to the functional costs categories identified in subtask 5.3. 5.5 Allocate the classified costs of the sanitary sewer and water systems to the customer classes based on the cost components identified in subtask 5.2. 5.6 Estimate class service characteristics associated with each of the functional cost elements by recognizing the bill distribution analysis performed in subtask 3.2. 53 Develop unit costs of service based on the cost allocations. The unit costs of service are applicable to all system users and each class' proportional responsibility for total system costs. The relative responsibility of each class customer will be specifically determined based on each class' estimated service requirements. 5.6 Prepare a comparison of class revenues under existing rates with allocated class costs of service to determine the level of cost recovery by class, and in total, and to demonstrate any needed adjustments to align class revenues and allocated costs. Task 6-- Rate Design The objective of this task is to evaluate the City's existing rates and identify potential modifications to the rates and rate structures. As part of this task, an analysis of the City's billing system capability will be incorporated. In general the design of rates and rate structures intend to accomplish the following: » Be consistent with all applicable laws, statues, rules and regulations governing fees, rates, and charges such as Proposition 218. Address revenue sufficiency, stability, customer clarity, price signaling, and water conservation goals as set forth in SBx7-7. Specific subtasks are: 6.1 Analyze the existing rate structure and develop alternative rate structures that address, at minimum, the following: R; A rate structure that incorporates water conservation rate programs BLACK & VEATCH I Methodology 25D-19 City of Santa Ana, CA I SANITARY SEWER AND WATER FINANCIAL PLAN zi A rate structure that incorporates elderly low-income programs M A rate structure that incorporates emergency rates during periods of drought or natural/manmade disasters 6.2 Analyze the current block sizes and seasonal rate differentials and make recommendations to satisfy the California Urban Water Conservation Council Best Management Practices. 6.3 Prepare comparison of revenues expected from each customer class under proposed alternative rates and existing rates to determine the adequacy of cost recovery. 6.4 Prepare comparisons of typical bills under the existing and proposed rates for each customer class under various meter sizes and levels of usage. 6.5 Provide a comparison of existing and proposed sanitary sewer and water rates to selected neighboring municipalities. Task 7 - Rate Model The objective of this task will be to develop two independent Microsoft Excel spreadsheet analyses rate models that establish financial planning, cost of service, and rate design procedures. These models will enable City staff to periodically revise and update the projections of revenue and revenue requirements, financial plans, cost of service analyses, and design of adequate rates on a routine basis. The City will be able to use the model to calculate annual rate adjustments or to conduct "what-if' analyses reflecting the impact of changes in significant system variables such as customer growth and volume projections, revised budgeted revenues and expenditures, allowances for inflation, capital improvement program schedules, and policy decisions. Provided below are some screenshots of the Black & Veatch model that reflects new trends in modeling and takes advantage of software developments. Some examples of new model enhancements include: Specifically tailored and designed to recognize the systems' unique needs, characteristics and information base, including compatibility with the City's budgetary and accounting systems. , Flexible capital improvement program scheduling allowing for changes in costs, sources of funds, timing, and allowances for inflation. _:3 Ability to develop financial plan cash flow alternatives for changes in customer, volume, and revenue projections; budgetary revisions; variations in timing and amounts of revenue increases; debt service structuring and different capital improvement program scenarios; and changes in other parameters. BLACK & VEATCH I Methodology 25D-20 City of Santa Ana, CA i SANITARY SEWER AND WATER FINANCIAL PLAN [A Ability to assess impact on cost of service allocations to user classes and utility rates of alternative management decisions. _a Capability to independently design and develop rates and charges on an annual basis, thus permitting staff to examine the phase-in needed for rate adjustments over a period of time. The model will test revenue generation by class and in total for proposed rates and indicate impacts on customers served through a typical monthly bill analysis. The following were integrated for simplicity of use. Screen shots are shown below. H "Virtual" Inputs Management - All inputs are managed through the Inputs navigation function 3 Detailed Assumption Development - customized for each client's needs; this allows for detailed development of revenues, expenses, and capital and operating plans Sensitivity Analysis - A dashboard system that allows users to create scenarios for financial planning and rate revenue increases General Navagation - Black & Veatch Model Home Page t. Navigation Features- provides users with the ability to navigate throughout the model from any worksheet. 2. Main- returns users to the Main Menu screen. 3. Inputs-takes users to the Model ranges designated for input variables. 4. Analysis- directs users to either the revenue sufficiency scenario plan or the rate design modules. 5. Revenue Suffleleacy- leads users through the calcuf EDITS of the cash flaw process. 6. Ratas/Cost ofServlce-leads users through the cost of service and rate design process. 7. Reports-directs users to custom reports for use in meetings, documents or other purposes. 8. Help-provides users help in understanding rate study components and navigating the model. f BLACK & VEATCH I Methodology 25D-21 City of Santa Ana, CA SANITARY SEWER AND WATER FINANCIAL PLAN Inputs Management - The Inputs Page L Clicking the "inputs- button on the upper left will direct the user to the Inputs Page. Note the Navigation Features bar is present on every page, to provide easy navigation and access to features. 2. Inputs options are grouped by modufe -revenue sufficiency and cost of service/ rate design. All key inputs are accessible through this page, providing the user one place to find all inputs needed to update the model. 3. Select the Budget button to proceed to the next example. BLACK & VEATCH I Methodology 25D-22 City of Santa Ana, CA I SANITARY SEWER AND WATER FINANCIAL PLAN 1. Navigation Features - provides users with the ability to navigate throughout the Model from any worksheet. 2. Summary of significant output (rate revenue increases and debt service coverage) and override functions used in scenario analysis. 3. Summary graph showing annual target balances (bars) and actual annual balances (diamonds) - Fiscal years 2010 through 2012 show actual balances at the target level, indicating a rate revenue adjustment is required to achieve these balances. 4. Summary graph showing annual targetlhorizontal lines) and actual debt service coverage (bars) - Fiscal years 2009 and 2010 show actual coverage at the target level, indicating a rate revenue adjustment is required to achieve these results. 5. Summary graph showing the source of proceeds used to fund the CIP. These results are based on user designated funding selected on the CIP worksheet. 6. Summary graph showing annual rata revenue adjustments. Task 8 - Meetings, Reports and Presentations The objective of this task is to identify meetings and deliverables for the City. Specific subtasks are: 8.1 Attend at minimum one (1) monthly meeting with City staff. Schedule conference calls as needed to update staff on progress of the R&R Program and rate models. 8.2 Draft Report Document the preliminary findings associated with the R&R Program r. Document preliminary findings of financial plan, cost of service and recommended rate structure M Present draft report to the Water Resources Division, Finance Department and member of City Council, as desired BLACK & VEATCH I Methodology 25D-23 Scenario Planning City of Santa Ana, CA SANITARY SEWER AND WATER FINANCIAL PLAN 8.3 Final Report ==3 Incorporate changes pursuant to comments from City staff, Subcommittee, and City Council Present final report to Subcommittee and City Council prior to initiating Prop 218 requirements TY Submit final reports and rate models in MS Word and Excel 2007, and Adobe Acrobat Portable Document (.pdo format Task 9 - Optional Tasks The objective of this task is to identify optional duties that the City may engage Black & Veatch to perform. The specific methodologies associated with these items will be expanded upon the City's determination to proceed with any specified item. Specific duties are: Project growth and water demands for the sanitary sewer and water systems. 9 Conduct a rate analysis on the basis of available water supply. z-- Build a complete and thorough CIP program for both the sanitary sewer and water systems. 4 Develop a Water Master Plan using existing City GIS data. BLACK & VEATCH i Methodology 25D-24 City of Santa Ana, CA ( SANITARY SEWER AND WATER FINANCIAL PLAN M Collectively the project team has over 100 years of providing consulting services to municipal, special district, and investor owned utilities. U The project team members have deep utility industry knowledge, skill sets and backgrounds that span the necessary technical disciplines to effectively map, assess and make relevant and practical recommendations to improve the sanitary sewer and water systems as well the financial performance of the City's systems. These skills include utility operations, finance, accounting, engineering processes, regulatory and technology. M Senior project team members, including the Project Manager, have engineering backgrounds combined with business acumen that is unmatched by our competitors. The project manager has served as expert rate witnesses and serves on national rates and financing committees. This access to industry-setting trends and approaches can be brought to bear on the City's study. Project Manager The proposed Project Manager, Ms. Ann Bui, has direct experience in assisting water and sewer utilities conduct cost of service and rate design studies. She recently assisted Marin Municipal Water District with its first cost-of-service study. The project evaluated price elasticity impacts, weather normalization techniques for revenue forecasting, and pricing signals for conservation as well as several alternative rate structures. In Orange County, Ms. Bui has provided financial planning and rate study services to the City of San Juan Capistrano since 2009. She worked with BLACK & VEATCH I Qualifications The senior members of the Black & Veatch Team are actively involved with the industry's thought leadership: Ann Bui -AWWA • Finance, Accounting and Management Controls Committee, Vice Chair and Head of Accounting/ Finance Handbook Subcommittee • Strategic Management Practices Committee, Member Keith Barber-National Association of Clean Water Agencies • Finance Committee, Member Ahmad Habblan- Associate Editor -ASCE Journal of Piping Systems • Trustee - AW WA Distribution & Plant Operation Division Past Chair - ASCE Pipeline Division Executive Committee, ASCE's Underground Pipelines Asset Management (UPAM) Committee, & ASCE 's Technical Committee on Trenchless Installation of Pipelines 25D-25 Following are a few highlights and brief synopsis of the project team that demonstrates the capabilities of Black & Veatch. City of Santa Ana, CA I SANITARY SEWER AND WATER FINANCIAL PLAN Schedule The following schedule assumes receipt of Notice to Proceed (NTP) on or before September 20, 2011. The schedule reflects a high-level schedule that provides time blocks and key dates for the activities. The proposed schedule assumes timely receipt of requested data, timely turn-around on materials submitted for review, and access to City staff for meetings. Black & Veatch understands the time-sensitive nature of both the developments of an R&R Program and the execution of the Rate Study and as such we have the availability and resources to start this project immediately upon receipt of City's NTP. Notice to Proceed on ME EN EN on Task 1. Project Management Task 2. Asset Inventory GAP Analysis Task 3. Capital Asset R&R Needs Eval Task 4. Financial Plan " M MR ? ? 6 a T ask 5. Cost of Service Analyses M = Task 6. Rate Design Task 7. Rate Model Task 8. Meetings & Reports Notice to Proceed G Draft Report ti+ City Presentation (Feb 2012) • Regular Meeting X Final Report (Feb 2012) Public Hearing Presentation (TOD) BLACK & VEATCH ) Schedule 25D-26 Exhibit B 25D-27 hlaC1 & I I J' h i f F :_on,081, 1011. "9 naht,, e- ed A Gity of Santa Ana, CA Budget Black & Veatch proposes to perform the scope of work presented in the proposal on a time and materials basis for a not to exceed amount of $191,340 inclusive of direct expenses incurred at actual cost. Direct expenses include airfare, car rental, mileage, parking, hotels and outside reproduction costs. The matrix below provides a detailed breakdown of the estimated hours and cost by task. SENIOR PROJECT VISORS ANALYST OTSTL T QA/QC AD Task 1. Project Management Task 2. Asset Inventory GAP Analysis Task 3. Capital Asset R&R Needs Evaluation Task 4. Financial Plan Task S. Cost of Service Analyses Task 6. Rate Design Task 7. Rate Model Task 8. Meetings & Reports Total Hours Direct Expenses 8 4 8 $4,280 10 64 140 $35,990 16 144 112 $50,400 40 194 $38,890 12 4 48 $11,140 12 60 $11,800 8 4 32 $8,000 32 4 40 72 $27,840 178 20 154 614 $188,340 $3,000 HOURLY RATES Services provided within the scope of services and additional services authorized by the City are proposed to be billed according to the schedule below. All invoices are billed monthly based on time and materials. These rates apply to all members of the project team. Direct expenses such as airfare, car rental, hotels, etc. are charged at direct, out-of-pocket cost. Senior Analyst $145 Consultant $175 Senior Advisors $210 Project Manager $245 Project Director / VP / Partner $270 Plus Direct Expenses 25D-28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 17, 2011 TITLE: RESOLUTION AUTHORIZING THE SUBMITTAL OF PROPOSITION 84 CALIFORNIA RIVER PARKWAYS GRANT APPLICATION FOR SANTIAGO PARK TRAIL AND LANDSCAPE IMPROVEMENTS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution authorizing the submittal of Proposition 84 California River Parkways Grant application in the amount of $3,000,000 for trail and landscape improvements at Santiago Park. DISCUSSION In November 2006, California voters passed Proposition 84, a $5.4 billon "Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act. The bond act provided $62 million in grant funding for acquisition, restoration, protection and development of creeks and river parkways. This competitive grant was divided into two rounds and $30 million dollars is available in this second and final round of grant funding. Projects must involve natural creeks, streams and/or rivers and must meet at least two of the five statutory conditions: 1) Recreation, 2) Habitat, 3) Flood Management, 4) Conversion to River Parkways, and/or 5) Conservation and Interpretive Enhancement. The proposed project site must also be owned by the applicant or under a long term lease to be eligible. After reviewing a number of locations along the Santa Ana River, the proposed Santiago site best meets the grant criteria and land tenure requirements. The Santiago Park Trail and Landscape Improvement project will improve the areas south of Santiago Creek, west of Valencia Street to the park restroom/bike trail crossing. This area is currently undeveloped. Approximately three years ago, staff and members of the community prepared conceptual plans to improve this area with native/riparian planting, decomposed granite hiking/ bike trails, and picnic areas overlooking the creek. This conceptual plan is still valid and meets the recreation, habitat and conservation/interpretive enhancement criteria of the grant. 55A-1 Resolution - Prop 84 Calif. River Parkways Grant October 17, 2011 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency 55A-2 RESOLUTION NO. 2011-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 Iss10/10/2011 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. In November 2006, the people of the State of California passed Proposition 84: The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act; and B. One component of Proposition 84, the California River Parkways Grant Program ("River Parkways Program"), funds the acquisition, protection, restoration and development of creek and river parkways; and C. The California Natural Resources Agency has been delegated the responsibility for the administration of the River Parkways Program, setting up necessary procedures governing the Program; and D. Said procedures established by the Natural Resources Agency require the applicant to certify by resolution the approval of application(s) before submission of said application(s) to the State; and E. If selected, the City of Santa Ana will enter into a contract with the State of California to complete the grant project; Section 2. The City Council of the City of Santa Ana hereby: (a) Approves the filing of an application for Three Million Dollars ($3,000,000) under the California River Parkways Grant Program for Santiago Park Trail and Landscape Improvements; and (b) Certifies that the City of Santa Ana understands the assurances and certifications in the application; and Resolution No. 2011-XXX 55A-3 Page 1 of 3 (c) Certifies that the City of Santa Ana will have sufficient funds to operate and maintain the project consistent with the land tenure requirements, or will secure the resources to do so; and (d) Certifies that the City will comply with the provisions of Sectior 1771.5 of the California Labor Code; and (e) Certifies that the project will comply with all laws and regulations, including the California Environmental Quality Act (CEQA), building codes, health and safety codes, disabled access laws and, that prior to commencement of construction all required permits will be obtained; and (f) Certifies that the City will work towards the State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1; and (g) Delegates to the Executive Director of the Parks, Recreation and Community Services Agency or his designee, the authority to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Project. 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 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By: Laura Sheedy Assistant City Attorney Resolution No. 2011-XXX 55A-4 Page 2 of 3 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, Resolution No. 2011-XXX to be the original City of Santa Ana on do hereby attest to and certify the attached resolution adopted by the City Council of the Date: Clerk of the Council City of Santa Ana Resolution No. 2011-XXX 55A-5 Page 3 of 3 55A-6 ROH (10/17/11) RESOLUTION NO. 2011-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA STATING ITS INTENTION TO DISESTABLISH THE DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON. 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. On December 15, 2008, in compliance with Article XX of Chapter 13 of the Santa Ana Municipal Code (the "Law"), the City Council established the Downtown Santa Ana Community Management District (the "CMD") by adopting Resolution No. 2008-078. B. Section 13-214 of the Law permits the dissolution of the CMD by resolution after the city council first adopts a resolution of intent to disestablish the CMD prior to the required public hearing. C. The City Clerk has received multiple petitions seeking the disestablishment of the CMD. D. On August 1, 2011, Mayor Pro Tern Claudia Alvarez requested that staff begin proceedings to disestablish the CMD. On August 24, 2011, the City Council decided to continue this item for future consideration. On September 19, 2011, the City Council decided to continue this item to October 3, 2011. On October 3, 2011, the City Council decided to continue this item to October 17, 2011. Section 2. Pursuant to Sections 13-214 of the Law, the City Council hereby declares its intention to set a public hearing regarding the disestablishment of the CMD. This action is taken in response to the multiple petitions received by the City Clerk requesting the disestablishment of the CMD. Specifically, the City Clerk received fifty- six (56) signatures on petitions protesting against the existence of the CMD. In addition, this action is supported by the fact that there were multiple individuals in support of alternative maps presented to the City Council proposing reduced boundaries to the current CMD. Further, although the City had the authority to vote for the establishment of the CMD as a property owner in the zone, there are questions regarding the overall Resolution No. 2011-XXX 85A-1 Page 1 of 3 support for the CMD from the remaining property owners during the vote if the City had not cast votes in support of the CMD. Section 3. NOTICE IS HEREBY GIVEN that the City Council shall conduct a public hearing on the disestablishment of the CMD on , 2011, at 6:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers located at 22 Civic Center Plaza, Santa Ana, California 92702. At the hearing, the City Council will consider adopting a resolution disestablishing the CMD. The City Council will also hear all persons for or against disestablishment of the CMD. Section 4. If the CMD is disestablished, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the CMD in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the CMD is disestablished, in accordance with section 13-214 of the Law. Section 5. The notice of the hearing on disestablishment required by section 13-214 of the Law shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The notice shall be mailed to the property and/or business owners at least thirty (30) days prior to the date of the public hearing. Section 6. 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 17th day of October, 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: By: Joseph A. Straka Interim City Attorney Resolution No. 2011-XXX Page 2 of 3 85A_2 AYES: Councilmembers NOES: Councilmembers ABSTAIN NOT PRESENT Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, Resolution No. 2011-XXX to be the original City of Santa Ana on Date: do hereby attest to and certify the attached resolution adopted by the City Council of the Clerk of the Council City of Santa Ana Resolution No. 2011-XXX 85A-3 Page 3 of 3 85A-4