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FULL PACKET_2013-09-03
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AUGUST 5, 2013 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:02 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ VINCENT F. SARMIENTO COUNCILMEMBERS Absent: ROMAN A. REYNA STAFF Present: KEVIN O'ROURKE, Interim City Manager JOSE SANDOVAL, Chief Assistant City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS • Sergio Verino, President of SEIU, is representing 400 City employees, urged City Council to accept labor proposal as presented. • Javad Sabokpey, representing SEW Local 721, noted sacrifice of bargaining group members; urged City Council to restore benefits and keep up with inflation. • Ann Ni, presented State Income Limits for 2013 as prepared by the State of California, Department of Housing and Community Development; request full restoration of pre- October 2010 and cost of living increase • Kim McPeck, spoke of hardship furloughs and increased PERS contribution have had on SEW members; stated that no raises given in past 6 years; advocated to make members whole. • John Colclough, opined that union members have contributed to a better Santa Ana; asked that benefits be restored. CITY COUNCIL MINUTES 1 AUGUST 5, 2013 1 0A -1 COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:16 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1A T3 1C CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) • Alexander Perez Alvarado, et al. v. City of Santa Ana, United States District Court Case No. SACV12 -00328 JGB (ANx) • Sandra & John Bitz v. City of Santa Ana, et al., United States District Court Case No. SACV12 -1144 JVS (ANx) • Maria Guzman, Claim No. 2012 -063 CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Officers Association (POA) and Service Employees' International Union (SEIU) Full -Time Employees PUBLIC EMPLOYEE — APPOINTMENT AND PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1) Title: City Manager and Clerk of the Council CLOSED SESSION REPORT — See Item 19A. for Report. RECESSED THE CLOSED SESSION MEETING AT 6:07 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 AUGUST 5, 2013 1 0A -2 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:10 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ VINCENT F. SARMIENTO COUNCILMEMBERS Absent: ROMAN A. REYNA STAFF Present: KEVIN O'ROURKE, Interim City Manager JOSE SANDOVAL, Chief Assistant City Attorney MARIA D. HUIZAR, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO INVOCATION JANE HETHERINGTON RAUSH, POLICE CHAPLAIN AGENDA ITEM TAKEN OUT OF ORDER 25L AGMT NO. 2013 -118 — APPROVAL OF AGREEMENT WITH DAVID CAVAZOS AS CITY MANAGER — City Manager's Office and Personnel Services Agency Mayor Pulido read into the record a written statement from Councilmember Reyna who was not able to attend meeting. Mayor and City Council members all commented on extensive experience and attributes Mr. Cavazos brings to the City. CITY COUNCIL MINUTES 3 AUGUST 5, 2013 1 0A -3 MOTION: Direct and authorize the Mayor and the Clerk of the Council to execute an employment agreement with David Cavazos as the City Manager for the City of Santa Ana. MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) NOES ABSTAIN ABSENT: None (0) None (0) Reyna (1) SPECIAL PRESENTATION — Orange County Vector Control Annual Report presented by Jared Dever, Director of Communications CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Com -Link for recognizing the "Neighborhood Heroes" from fifteen neighborhood associations. CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM TINAJERO to the following teams: • Valley Little League "Bradley Braves' for winning the City Championship for Triple A Division: Players: Ivan Bailon Anthony Bautista Sabastian Diaz Ricardo Hernandez Elias Lopez Martiniano Najera Daniel Navarro Sebastian Ochoa Alejandro Peredo Isaac Pinedo Arthur Prado Steven Sanchez Javier Vega Coaches: Oscar Diaz Rick Gonzalez Hector Lopez • Santa Ana Pony Mustang All Stars for winning the 2013 Central Region Mustang Section Championship: Players: Nathan Cruz Quincy Doss Joseph Duarte Aden Eckenwiler Kade Fernandez Anthony Garcia Nicholas Munoz Nick Ochoa Isaac Oyervides Aaron Perez Nick Perez Vincent Tinajero Martin Valadez Manager Harvey Oyervides Coach Bernard Doss CITY COUNCIL MINUTES 4 AUGUST 5, 2013 1 0A -4 CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to the Health and Fitness Fair Sponsors — C & C Development, Care Ambulance, Knowlwood Enterprises, Santa Ana Police Officers Association, Southern California Edison, The Related Companies, Vineyards Development and Waste Management; and volunteers Marc Payan from PayanX and Matt Schuetz representing the Orange County Professional Firefighters Association CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to the Friends of the Zoo for contributing to the design and construction of a new Ocelot Exhibit at the Santa Ana Zoo. CLOSED SESSION REPORT — Chief Assistant City Attorney, Jose Sandoval provided report and is incorporated as Agenda Item 19A on the Consent Calendar. PUBLIC COMMENT • Dr. Mark Burcaw, D.C. spoke about the multiple citations received for leasing office to medical marijuana dispensary; have seized property; request citations be discharged. • Genevieve Huizar, spoke on recent police shooting; suggest that police officers use Tasers or tackle technique. • Steve Rocco, spoke on temporary restraining order and hearing date extension. • Sherry Gyofocu, spoke of murder rates in the City; recommend appropriate changes take place at the Police Department. • Terri Teramura, representing Justice Warriors of California, spoke of need for police training; request meeting with Police Chief, City Manager and Mayor to discuss training. • Jean Thaxton, spoke of need for police training; value human life. • Armando Felix, member of Vineyard Church in Aliso Viejo, need to address homeless issue; suggest YMCA on Civic Center be used for Christian ministry purposes. • Barbara Lamere, resident of Windsor Village neighborhood association, reported on recent article on over - crowding; Centennial Park to be used for park space. • Kandice Herrera, concerned with recent police shooting; training needed to avoid lethal methods. • Ruth Hull, opined that police officers should protect and serve. • Albert Castillo, concerned with recent police involved shooting; proposed that cameras be installed on all police car units and approve a citizen's review board. • Connie Hamilton, representing Connect to Council, invited all to "Winds of Change" forum to be held on September 18th • John Raya, spoke of general changes in the City; announced that TKO Box Club having boxing contest at Jerome Center on Saturday, August 10th at 1 p.m. CITY COUNCIL MINUTES 5 AUGUST 5, 2013 1 0A -5 • Dylan Thompson, spoke on behalf of SACReD, discussed Strategic Plan — feedback, long term goals to be set before short term, include measurable objectives and vision. • Sarai Santamaria, member of SACReD, spoke of recent forum held on Strategic Plan; goals and mission to be developed collaboratively with community input. • Sandibel Ramirez, Kidworks and SACReD member, thanked City for Strategic Plan forum to be held on Saturday, August 10th; opined that two hours not enough time for discussion and suggest additional forums be held throughout the City. • Miriam Lopez, member of Kidworks and SACReD, suggested additional outreach and marketing efforts be scheduled on the development of the Strategic Plan. • Jesse, SACReD, noted that five -year strategic plan important in building dialogue with community. • Chris, concerned that only one public forum scheduled on Strategic Plan. • Apolonio Cortes, noted importance of approving Strategic Plan that is reflective of City needs in the next five years. • Zabdi Alvarez, expressed the need for vision (as part of Strategic Plan). • Adriana Moreno, Children's Health Initiative of Orange County, suggested additional forums be held and at various locations; residents to voice concerns and bring about engagement. • Jennifer Tinajero, thanked the City Council for support of youth baseball groups; support policy that baseball fields be dedicated to the youth in our community. • Jimmy Contreras, favor policy that prioritizes youth before adult and profit making organizations in designating baseball fields. • Harvey Contreras, spoke on little league baseball; parks to be dedicated for youth. • Steve McGuigan, invited all to National Night Out to be held on August 6th from 4 -7 p.m. at Rosita Park. • Betty Torres, President of Comite Civico Mexicano, request assistance in addressing differences with staff and committee members in managing the Fiestas Patrias parade. • Christina Ceron, representing the State of Hidalgo, Mexico, seek assistance in addressing concerns with Fiestas Patrias Committee. o Councilmember Sarmiento noted that ad hoc council committee to convene on August 6th at 4:30 p.m.; directed City Manager to request additional staff to next few committee meetings and help facilitate matters. • Alex Vega, spoke of Fiestas Patrias Committee issues and also baseball field designation. • Aaron Rodriguez, spoke of need to maintain baseball fields for the youth in our community. • Bertha Robiatti, representing the Mexican State of Nuevo Leon, concerned with Fiestas Patrias committee issues. CITY COUNCIL MINUTES 6 AUGUST 5, 2013 1 0A -6 CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 251 as recommended by staff and excuse the absence of Councilmember Reyna from the City Council and Housing Authority meetings. • Councilmember Sarmiento noted conflict of interest and abstention on Agenda Item 11A; and • Councilmember Benavides pulled Agenda Item 11A for separate discussion. MOTION: Tinajero SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) MINUTES NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna(1) ADMINISTRATIVE MATTERS MOTION: Approve Minutes (Items 10A through 10E). 10A MINUTES OF THE SPECIAL MEETING OF JULY 12, 2013 - Clerk of the Council Office 10B MINUTES OF THE SPECIAL ADJOURNED MEETING OF JULY 13, 2013 10C MINUTES OF THE REGULAR MEETING OF JULY 15, 2013 - Clerk of the Council Office 10D MINUTES OF THE ADJOURNED REGULAR MEETING OF JULY 18, 2013 - Clerk of the Council Office 10E MINUTES OF THE SPECIAL MEETING OF JULY 23, 2013 - Clerk of the Council Office CITY COUNCIL MINUTES 7 AUGUST 5, 2013 1 0A -7 ORDINANCES /SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. Placed on first reading at the July 15, 2013 City Council meeting and approved by a vote of 6 -0 (Sarmiento abstained). Published in the Orange County Reporter on July 26, 2013. Councilmember Benavides noted that City Council had discussed proposed modifications at the previous meeting. Planning and Building Executive Director, Jay Trevino outlined options available to Council to approve modifications discussed, which include: approve ordinance for second reading as prepared (effective date of ordinance, September 4th); bring back modifications proposed by Mayor Pro Tem Tinajero at a subsequent meeting to include concert venues (Planning Commission to first consider ordinance before City Council approval); last option is to continue consideration and re -open Public Hearing with modifications. Councilmember Benavides proposed approval as is. Staff to expedite modified ordinance. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2847 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTERS 11 AND 41 OF THE SANTA ANA MUNICIPAL CODE TO UPDATE THE CITY'S REGULATION OF ENTERTAINMENT AND ALCOHOL PERMITS AND APPLICATION STANDARDS MOTION: Benavides SECOND: Pulido VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Tinajero (5) NOES: None (0) ABSTAIN: Sarmiento (1) ABSENT: Reyna(1) CITY COUNCIL MINUTES S AUGUST 5, 2013 1 0A -8 MISCELLANEOUS ADMINISTRATION 19A W. 19C 19D 19E 19F CLOSED SESSION REPORT — City Attorney's Office MOTION: Approve settlement agreement with Maria Guzman, Claim No. 2012 -063 in the amount of $42,000. EXCUSED ABSENCES — Clerk of the Council Office MOTION: Excuse the absence of Councilmember Reyna from the City Council and Housing Authority Meetings. DESTRUCTION OF OBSOLETE CITY RECORDS - City Manager's Office and Police Department MOTION: Approve the requests for the destruction of obsolete records from City departments in accordance with the retention schedule outlined in City Council Resolution 2013 -014. QUARTERLY REPORT OF INVESTMENTS AS OF JUNE 30, 2013 - Finance & Management Services MOTION: Receive and file. QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER - Finance & Management Services MOTION: Receive and file the Quarterly Report of Contracts entered into between April 1, 2013 to June 30, 2013 valued at $25,000 and less. WORKFORCE INVESTMENT ACT LOCAL STRATEGIC PLAN FOR PROGRAM YEARS 2013 -2017 - Community Development Agency Recommended Action approved by the Workforce Investment Board on July 18, 2013 by a 17 -0 vote (Claudio, Davila, de la Riva, Didion, Elliott, Gebre, Gonzalez, Jimenez -Hami, Knitter, Korthuis, Lewis, Nazeri, and Su absent). MOTION: 1. Approve the Santa Ana Workforce Investment Board Local Strategic Workforce Plan for Program Years 2013 -2017 and CITY COUNCIL MINUTES 9 AUGUST 5, 2013 1 0A -9 authorize its submittal to the State of California Workforce Investment Board. 2. Authorize the Mayor and Santa Ana Workforce Investment Board Chair to sign the Local Strategic Workforce Plan. 19G QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES (APRIL 2013 — JUNE 2013) - Community Development Agency MOTION: Receive and file. BUDGETARY MATTERS SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A through 22C) 22A SPEC. NO. 09 -010 - ON -CALL SANITARY SEWER LINING SERVICES - Renew the contract with RePipe California, Inc. for a one -year period, in an annual amount not to exceed $500,000 (Public Works Agency) - Finance & Management Services 22B SPEC. NO. 13 -029 - DIESEL STANDBY GENERATORS - Award a contract to Cobra Power Systems, Inc. in an amount not to exceed $235,000 (Public Works Agency) - Finance & Management Services 22C SPEC. NO. 13 -031 - THE PURCHASE AND INSTALLATION OF HEATING VENTILATION AND AIR CONDITIONING (HVAC) VARIABLE FREQUENCY DRIVES - Award a contract to Variable Speed Solutions Inc. in an amount not to exceed $55,866 (Police Department) - Finance & Management Services 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 251) CITY COUNCIL MINUTES 10 AUGUST 5, 2013 1 0A -10 25A AGMT NO. 2013 -119 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2013 -01 FOR THE PROPERTY LOCATED AT 2418 NORTH POINSETTIA STREET - With property owners Jeffrey Dresser and Sandra Meza - Planning and Building Agency 25B AGMT NO. 2013 -120 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2013 -02 FOR THE PROPERTY LOCATED AT 1225 NORTH FRENCH STREET - With property owners James J. Tellier and Rebecca Ralph - Planning and Building Agency 25C AGMT NO. 2013 -121 - ANIMAL LICENSE FEE COLLECTION PROGRAM - With Civic Collections, Inc. for a two -year period with an option to renew up to three additional two -year periods - Finance & Management Services 25D AGMT NO. 2013 -122 - E- PROCUREMENT SERVICES - With PlanetBids Inc. in an amount of $20,000 which includes $4,500 in one -time costs, for a 12 -month period to automatically renew for an additional two terms of one year each - Finance & Management Services 25E AGMT NO. 2013 -123 - AMENDMENT — DEVELOPMENT AND PROJECT MANAGEMENT - With Rosenow Spevacek Group, Inc. to increase the compensation by an additional amount of $50,000, for a total aggregate amount not to exceed $75,000 for an approximate one -year term - Community Development Agency 25F AGMT NO. 2013 -124 - AMENDMENT - GRANT MANAGEMENT SERVICES - With Willdan Homeland Solutions in an annual amount not to exceed $125,000, to extend the term one -year, through August 31, 2014 with the option to extend for one additional one -year period - Police Department 25G AGMT NO. 2013 -125 and 2013 -126- AMENDMENTS - ON -CALL WATER AND SEWER EMERGENCY SERVICES - With Doty Brothers Construction Company and Paulus Engineering, Inc., in an amount not to exceed $150,000 for each firm; to extend term from September 1, 2013 through August 31, 2014 for both firms - Public Works Agency 25H AGMT NO. 2013 -127 - AMENDMENT - ENGINEERING SERVICES FOR THE SANTA ANA DELHI CHANNEL DIVERSION PROJECT- With URS Corporation in an amount of $340,000 plus a contingency of $25,000, for a total agreement not to exceed $565,000, and to extend the term of the agreement to August 30, 2014 - Public Works Agency CITY COUNCIL MINUTES 11 AUGUST 5, 2013 1 0A -11 251 AGMT NO. 2013 -128 - DELIVERY AND INSTALLATION OF EIGHT ELECTRIC VEHICLE CHARGERS UNDER STATE - FUNDED CALIFORNIA ENERGY COMMISSION `RECONNECT CALIFORNIA" PROGRAM - With Clipper Creek Inc. in an amount not to exceed $80,000 — Finance & Management Services "END OF CONSENT CALENDAR" BUSINESS CALENDAR ITEMS MISCELLANEOUS ADMINISTRATION (Non- routine) 19H REQUEST FOR QUALIFICATIONS FOR DEVELOPMENT OF THE THIRD STREET AND BROADWAY PARKING STRUCTURE - 201 W. THIRD STREET - Community Development Agency and Planning and Building Agency MOTION: Authorize the Community Development Agency to release a Request for Qualifications inviting qualified developers to submit Statements of Qualifications to develop an innovative, high quality project at the Third Street and Broadway parking structure site, designed to complement and enhance the unique characteristics of Downtown Santa Ana. MOTION: Benavides SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna(1) 191 REQUEST FOR QUALIFICATIONS FOR RENOVATION AND REUSE OF THE Y.M.C.A. PROPERTY LOCATED AT 203 -205 W. CIVIC CENTER DRIVE - Community Development Agency and Planning and Building Agency CITY COUNCIL MINUTES 12 AUGUST 5, 2013 1 0A -12 MOTION: Authorize the Community Development Agency to release a Request for Qualifications inviting qualified developers to submit Statements of Qualifications for the renovation and adaptive reuse of the Y.M.C.A. property, incorporating the building's historic and iconic architecture. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Tinajero Amezcua, Benavides, Sarmiento, Tinajero (6) None (0) None (0) Reyna (1) PROJECTS /CHANGE ORDERS (Non- routine) Martinez, Pulido, 23A CONTRACT AWARD FOR MCFADDEN AVENUE REHABILITATION FROM WEST CITY LIMIT TO EUCLID (PROJECT 13 -6784) AND EUCLID TO NEWHOPE (PROJECT 12 -6776) - Public Works Agency MOTION: 1. Award a contract to the lowest responsible bidder, All American Asphalt, Inc., in accordance with the Base Bid totaling $995,243, for the construction of the McFadden Avenue Rehabilitation from West City Limit to Euclid (Project 13 -6784) and from Euclid to Newhope (Project 12- 6776). 2. Approve the Cost Analysis for a total estimated project delivery cost of $ $1,293,632. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Tinajero Amezcua, Benavides, Sarmiento, Tinajero (6) None (0) None (0) Reyna (1) Martinez, Pulido, CITY COUNCIL MINUTES 13 AUGUST 5, 2013 1 0A -13 23B CONTRACT AWARD FOR BROADWAY REHABILITATION FROM CIVIC CENTER TO SANTA CLARA (PROJECT 11 -6743) AND BROADWAY AND WASHINGTON AVENUE WATER MAIN IMPROVEMENTS (PROJECT 11 -6415) -Public Works Agency MOTION: 1. Award a contract to the lowest responsible bidder, Christensen Brothers General Engineering, Inc., in accordance with the Base Bid totaling $4,302,858.65 for the construction of the Broadway Rehabilitation and Broadway and Washington Avenue Water Main Improvements. 2. Approve the Cost Analysis for a total estimated project delivery cost of $5,163,430.65. MOTION: Amezcua VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Tinajero Amezcua, Benavides, Sarmiento, Tinajero (6) None (0) None (0) Reyna (1) Martinez, Pulido, 23C CONTRACT AWARD FOR THE FLOWER STREET BIKE TRAIL FROM MACARTHUR BLVD. TO SUNFLOWER AVE. (PROJECT 12 -2620) - Public Works Agency MOTION: 1. Award a contract to the lowest responsible bidder, Green Giant Landscape, Inc., in accordance with the Base Bid plus Bid Item Nos. 47 and 49 of Add Alternate 1, totaling $968,500 for the construction of Flower Street Bike Trail from MacArthur Blvd. to Sunflower Ave. 2. Approve the Cost Analysis for a total estimated project delivery cost of $1,259,050. MOTION: Martinez VOTE: AYES SECOND: Tinajero Amezcua, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) CITY COUNCIL MINUTES 14 AUGUST 5, 2013 1 OA -14 NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna (1) AGREEMENTS (Non- routine) 25J AGMT NO. 2013 -129 - PROVIDE MEDICAL SERVICES FOR INMATE POPULATION AT SANTA ANA JAIL - Police Department Acting Police Chief Carlos Rojas provided detail report on increase of cost MOTION: 1. Authorize the City Manager and Clerk of the Council to execute an agreement subject to non - substantive changes with Correctional Managed Care Medical Corporation (CMCMC) for a one -year term, in an annual amount of $1,768,732. 2. Authorize the Police Department to issue a Request for Proposals (RFP) to qualified companies to provide basic and emergency health care services for Santa Ana Jail inmates. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna(1) 25K AGMT NO. 2013 -130 - ECONOMIC DEVELOPMENT AGREEMENT WITH [PC TO RELOCATE AND OPERATE IN THE CITY OF SANTA ANA — City Manager's Office and Community Development Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a Relocation Commitment agreement, subject to non - substantive changes approved by the City Manager and City Attorney with IPC (USA), Inc., a California Corporation, to secure the relocation and continued operation of the company's California headquarters and sales office in the City of Santa Ana. CITY COUNCIL MINUTES 15 AUGUST 5, 2013 1 0A -15 MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Tinajero Amezcua, Benavides, Sarmiento, Tinajero (6) None (0) None (0) Reyna (1) 25L AGENDA ITEM CONSIDERED OUT OF ORDER RESOLUTIONS Martinez, Pulido, 55A AGMT NO. 2013 -131 - GRANTS FOR BLOCKS PROGRAM - Community Development Agency MOTION: 1. Adopt a resolution. RESOLUTION NO. 2013 -038 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING A FISCAL SPONSORSHIP AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY FOR THE PURPOSE OF ADMINISTERING SANTA ANA'S GRANTS FOR BLOCKS PROGRAM 2 Authorize the Executive Director of the Community Development Agency or their designee to execute the agreement and all necessary documents required for the establishment and maintenance of Grants for Blocks as a restricted fund with Charitable Ventures of Orange County MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) CITY COUNCIL MINUTES NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna(1) 16 1 0A -16 AUGUST 5, 2013 55B RESOLUTION ADOPTING THE NEW PROPOSED TARGET EMPLOYMENT AREA FOR THE ENTERPRISE ZONE - Community Development Agency MOTION: Adopt a resolution. RESOLUTION NO. 2013 -039 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IDENTIFYING THE CENSUS TRACTS COMPRISING THE TARGETED EMPLOYMENT AREA FOR THE SANTA ANA ENTERPRISE ZONE MOTION: Benavides SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Reyna(1) REPORTS 65A LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE — Clerk of the Council Office MOTION: Designate Councilmember Martinez as a voting delegate to the League of California Cities' Annual Business Meeting scheduled for Friday, September 20, 2013. MOTION: Benavides SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) NOES: ABSTAIN ABSENT: None (0) None (0) Reyna (1) CITY COUNCIL MINUTES 17 AUGUST 5, 2013 1 0A -17 PUBLIC HEARINGS 75A PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2013 -01 TO AMEND THE SANTA ANA MUNICIPAL CODE RELATED TO EMERGENCY SHELTERS, TRANSITIONAL AND SUPPORTIVE HOUSING FOR THE HOMELESS - Planning and Building Agency Recommended Action approved by the Planning Commission on July 22, 2013 by a 6 -0 vote (Alderete absent). Legal Notice published in the O.C. Reporter and notices mailed on July 26. 2013. Mayor Pulido opened the Public Hearing. The following speakers spoke on the matter: • Nigel Cross, Captain with Salvation Army, spoke in support of proposed ordinance. • Jean Watkans, representing Salvation Army, thanked staff for efforts in developing proposed ordinance; assist with transitional programs. • Paul Leu, representing Bendetti Company, concerned with potential relocation of shelters to industrial areas. • Martin Barrera Martinez, Manager of Hospitality House at Salvation Army, supports ordinance and strategically addressing homeless issue; Salvation Army meeting with residents of Lacy Street neighborhood in addressing questions; meeting scheduled for August 7th at 6:30 p.m. at Hospitality House, 818 E. 3`d Street. • Scott Larson, Executive Director of Homeaid OC and member of Orange County Commission on Homelessness; staff has properly drafted ordinance to best need of disadvantaged; suggest ordinance will reduce number of homeless because proper programs will be developed. Mayor Pulido closed the Hearing at 9:15 p.m. Executive Director of Planning and Building Jay Trevino provided brief summary of proposed ordinance. Council discussion ensued. Councilmember Benavides expressed commitment to matter. Councilmember Sarmiento thanked staff for efforts and police department for mitigation efforts; community has responsibility of addressing issue; surrounding cities also need to undertake matter. Councilmember Martinez commented on impacts to Lacy Street neighborhood; symbolic "No" on ordinance because of imbalanced effect to area. Mayor Pulido noted that Rescue Mission was in Downtown Area and now relocated in Tustin. CITY COUNCIL MINUTES 18 AUGUST 5, 2013 1 0A -18 MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2848 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT THE CITY'S REGULATION OF EMERGENCY SHELTER AND TRANSITIONAL AND SUPPORTIVE HOUSING MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Pulido, Sarmiento, Tinajero (5) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: Reyna(1) *Councilmember Amezcua declared a potential conflict of interest and left the dais for the discussion on the matter. 75B PUBLIC HEARING — MODIFY DEVELOPMENT AGREEMENT NO. 2012- 01 TO ALLOW AN AMENDMENT AND ASSIGNMENT TO A NEW PROPERTY OWNER FOR THE MET DEVELOPMENT PROJECT LOCATED AT 200 EAST FIRST AMERICAN WAY - GENESIS REAL ESTATE GROUP, APPLICANT - Planning and Building Agency Recommended Action approved by the Planning Commission on July 8, 2013 by a 7 -0 vote. Legal Notice published in the O.C. Reporter and notices mailed on July 26, 2013. Mayor Pulido opened the Public Hearing. The following speakers spoke on the matter: • David Wald, property's State appointed Receiver, spoke in support of matter. • David Epstein, spoke in opposition to matter; opined that amendment violation of EIR. Mayor Pulido closed the Hearing at 9:31 p.m. CITY COUNCIL MINUTES 19 AUGUST 5, 2013 1 0A -19 Council discussion ensued. Mayor Pro Tern Tinajero commented on developer's commitment to not flip project. Staff indicated that not uncommon for assignment of project to be transferred; prohibition extended through April, 2014; council would have to agree to remove prohibition; current development agreement cannot transfer without approval; language may be added to modified development agreement; future transfers require City Council approval. Councilmember Sarmiento noted Planning Commission's discussion on Council approval authority. Mayor Pulido agreed to friendly amendment to the motion to include language on transfer. Greg Powers with Jackson, DeMarco, Tidus, and Peckinpaugh, attorney representing the Genesis Real Estate Group, agreed to terms. Gordon Ip, Principal of Genesis Real Estate Group, assured City Council that site will be developed and expressed commitment to fully develop project (existing 270 units no change in spacing, will return for approval of study on mid -rise component). Councilmember Sarmiento noted City Council expectation to develop site. Planning and Building Executive Director Jay Trevino commented on council discretion limited because transfer needs cause for not approving; noted that developer successfully completed similar projects in surrounding cities. Mayor Pulido withdrew friendly amendment to motion. Councilmember Martinez commented on history of site; project will create jobs. Councilmember Benavides noted that City Attorney's Office has opined that he does not have a conflict of interest since Prudential has separate legal entities. MOTION: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2849 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A SECOND AMENDED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND VDC AT THE MET, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 2. Adopt a resolution. CITY COUNCIL MINUTES 20 AUGUST 5, 2013 1 OA -20 75C RESOLUTION NO. 2013 -040 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM, ENVIRONMENTAL REVIEW NO. 2011 -46 FOR THE PROPERTY LOCATED AT 200 EAST FIRST AMERICAN WAY MOTION: Pulido VOTE: AYES: SECOND: Martinez Benavides, Martinez, Pulido, Sarmiento, Tinajero (5) NOES: None (0) ABSTAINED Amezcua (1) AND NOT PRESENT: ABSENT: Reyna(1) PUBLIC HEARING - RECOVERY OF UNCOLLECTED ADMINISTRATIVE CITATION FINES - Planning and Building Agency Legal Notice published in the O.C. Register and notices mailed on July 26, 2013. Clerk of the Council reported that 2134 S. Oak and 1325 N. Bush properties were removed from the lien assessment due to payment after agenda report prepared. Mayor Pulido opened the public hearing. The following speakers addressed the City Council: • Zaman Kabir, request waiver of lien assessment on property. • Dr. Mark Burcaw, D.C., have received several liens on property; not able comply with liens given to tenants for not having a business license because of unpermitted business activity. Mayor Pulido closed the Hearing. MOTION: Adopt a resolution. RESOLUTION NO. 2013 -041 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING UNCOLLECTED ADMINISTRATIVE CITATION FINES: MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH FINES; AND ORDERING A COPY THEREOF TO BE FILED WITH THE COUNTY AUDITOR, ASSESSOR AND TAX COLLECTOR CITY COUNCIL MINUTES 21 AUGUST 5, 2013 1 OA -21 MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Amezcua, Benavides, Sarmiento, Tinajero (6) None (0) None (0) Reyna (1) Martinez, Pulido, CITY COUNCIL MEETING RECESSED TO THE HOUSING AUTHORITY MEETING AT 10:40 P.M. AND RECONVENED AT 10:41 P.M. WITH SAME MEMBERS PRESENT. *Mayor Pulido left the meeting at 10:41 p.m. and did not return COMMENTS 90A CITY MANAGER'S COMMENTS — None 90B CITY COUNCILMEMBER COMMENTS Councilmember Amezcua: • Welcome incoming City Manager. Councilmember Benavides • Public Safety meeting to be on August 27th at 5:30 p.m. • Invited all to attend Orange County Dream Team on Friday at 6 p.m. on Broadway; Strategic Plan Community Forum on Saturday, August 10th at Southwest Community Center; and Townsend and Raitt Street Community event on August 17th; and • Encouraged all to shop Santa Ana. Councilmember Martinez: • Commented on recent malnutrition case where 4 year old almost died; encouraged colleagues to develop forum to address social issues in our community; • Pedestrian safety priority, need education; SCAG has grants for sustainable communities; Santa Ana submitted petition for complete streets; • Commented on recent police shooting; thanked Police Chief for proactive efforts and press conference; noted that Police Department CITY COUNCIL MINUTES 22 AUGUST 5, 2013 1 OA -22 following protocol - three separate investigations ongoing; Police Chief receptive to open community dialogue; and On August 28th will host State of the City Address for Ward 2 - inform all on recent changes to be held at Santa Ana Senior Center at 6 p.m. Councilmember Sarmiento: • Thanked Police Chief Rojas for addressing recent pedestrian accident and fatality; instituted sting at incident area that resulted in citations; • Reported that Department of Transportation issues grants for pedestrian education programs; • Commented on recent officer involved shooting; thanked Police Chief for preemptive steps and expressed condolences to family of victim; • Noted that Water Resources Manager, Nabil Saba secured $4.6 million from OC Water District to retrofit water well and remove nitrates project; and • Wished all Bolivians a Happy Independence Day celebrated on August 6th Mayor Pro Tern Tinajero: • PREY Council Committee held meeting last week, discussed adult baseball companies; committee unanimously support staff on implementation of lottery system for allocation of fields; and • Commented on recent police officer shooting; sensitive to victim and officer involved; Police Chief Rojas reaching out to community and making departmental changes, as needed. Adjourn Meeting in Memory of former employees: Jorge Farran, George Scheibe, and James M. "Jim" Trujillo RECONVENED to Closed Session at 10:35 p.m. with same members present ADJOURNED- 11:03 P.M. - The next meeting of the City Council is scheduled for Tuesday, September 3, 2013 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS Street Car Project Locally Preferred Alignment Public Hearing on Sexlinger Property • Adoption of Strategic Plan Harbor Blvd. Mixed -Use Plan CITY COUNCIL MINUTES 23 AUGUST 5, 2013 1 OA -23 1 OA -24 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AUGUST 20, 2013 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:37 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO COUNCILMEMBERS Absent: None STAFF Present: KEVIN O'ROURKE, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS — None CITY COUNCIL RECESSED for Closed Session discussion to Room 137 CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1A CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) • Santa Ana Station District LLC, Santa Ana Station District Housing Partners LP, et. al v. Matosantos Department of Finance. City of Santa Ana Successor Agency et. al. MINUTES SPECIAL MEETING 1OB -1 AUGUST 20, 2013 • Hilda Cuenca, Claudia Castaneda, Enima Hernandez, and Evangelina Avalos, on behalf of themselves and others similarly situated v. State of California Department of Finance: Ana J. Matasantos, in her official capacity as Director of the State of California Department of Finance; County of Sacramento Superior Court Case No. 34- 2013 - 20001427 1B CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED /POTENTIAL LITIGATION pursuant to Government Code Section 54956.9(b) State of California, Department of Finance (DOF) 1C PUBLIC EMPLOYEE — APPOINTMENT AND PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1) Title: Interim City Manager 1D CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Officers Association (POA) and Service Employees' International Union (SEIU) Full -Time Employees CLOSED SESSION REPORT - Nothing to report ADJOURNED - 8:07 P.M. Maria D. Huizar, Clerk of the Council MINUTES SPECIAL MEETING 2 AUGUST 20, 2013 10 B -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 5, 2013 TITLE: ORDINANCE SECOND READING: ZONING ORDINANCE AMENDMENT NO. 2013 -01 TO AMEND THE SANTA ANA MUNICIPAL CODE RELATED TO EMERGENCY SHELTERS, TRANSITIONAe AND SUPPORTIVE HOUSING FO THE HOMELESS MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 ° Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER On August 5, 2013, the City Council introduced first reading and authorized publication of title for the following Ordinance by a vote of 5 -1 (Martinez dissented, Reyna absent): ORDINANCE NO. NS -2848 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT THE CITY'S REGULATION OF EMERGENCY SHELTER AND TRANSITIONAL AND SUPPORTIVE HOUSING FISCAL IMPACT There is no fiscal impact associated with this action. I `t,i D) Maria D. Huizar, Clerk of the Counci ATTACHMENT: Ordinance No. NS -2848 11 A -1 11 A -2 ROH 09/03/13 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT THE CITY'S REGULATION OF EMERGENCY SHELTER AND TRANSITIONAL AND SUPPORTIVE HOUSING. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. That the City of Santa Ana seeks to be in compliance with the State of California's regulations for the allowance of emergency homeless shelters as required by State Senate Bill 2 (SB2). B. That the State of California Legislature passed SB2 (effective January 1, 2008) modifying State Housing Element law to require local planning and zoning regulations to facilitate homeless shelters. Specifically, SB2 requires all cities and counties to provide at least one zoning category in which emergency shelters can be located without discretionary approval from the local government. The zoning category must be identified in the locality's housing element, and include sites with sufficient capacity to meet the local need for emergency shelter. C. That after a thorough period of research and public involvement the following standards have been developed in order to allow emergency homeless shelters as required, while maintaining those regulations necessary to provide for public health, safety and welfare. D. The Request for Council Action for this ordinance dated August 5, 2013 shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council at this meeting, shall additionally constitute the necessary findings for this ordinance. E. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. 11 A -3 Section 2. Pursuant to the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to 14 California Code of Regulations section 15061(b)(3), and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. Section 41 -55 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41 -55. Emergency Shelter for Homeless. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person, where no individual or household may be denied emergency shelter because of an inability to pay; as defined and used in Section 50801(e) of the California Health and Safety Code. Section 4. Section 41 -123 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41 -123. Multiservice Center for Homeless. A site which is operated under the auspices of a government or non - profit agency, for the purposes of bringing together essential services to meet the needs and development of homeless clients. Limited to occupancy of six months or less by a homeless person. A Multiservice Center shall include intake, assessment, and individualized case management services for homeless clients. Services provided shall address basic and immediate necessities, such as overnight shelter, showers, food, medical attention and mental health services, as well as higher level needs, including, but not limited to, computer access, job training and placement, life skills coaching and legal assistance. Section 5. Section 41 -158.5 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41- 158.5. Supportive Housing. Housing with no limit on length of stay, that is occupied by persons and families who were homeless when approved for tenancy in the supportive housing project in which they currently reside, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community; as defined by Section 50675.14 of the Health and Safety Code. 2 11 A -4 Section 6. Section 41 -163 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41 -163. Transitional Housing. A building or buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months; as defined in Section 50675.2 of the Health and Safety Code. Transitional Housing does not include state licensed residential care facilities, also referred to as care homes. Section 7. Section 41 -681.5 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41- 681.5. Rehabilitation of Emergency Shelters for Homeless. Rehabilitation of a nonconforming building which is an Emergency Shelter for Homeless, including structural alteration and /or enlargement, is permitted subject to the following limitations: (1) An existing Emergency Shelter for Homeless with a minimum of 35 beds may expand to up to 75 beds. (2) The rehabilitated Emergency Shelter for Homeless must conform with all signage, building setback, architectural standards, and landscaping requirements of the underlying zone, as well as all Emergency Shelter for Homeless standards, except separation criteria, found in this chapter. (3) There shall be no enlargement which would result in a new nonconformity with the requirements of this chapter. Section 8. Section 41 -1200 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Article XIII — Homeless Shelters Sec. 41 -1200. Homeless Shelters -- Zones. An Emergency Shelter for Homeless or Multiservice Center for Homeless shall be a permitted use on any parcel within the M1 (Light Industrial) or M2 (Heavy Industrial) or Industrial Specific Development (SD) zones. Each facility shall comply with all of the required development and operational standards of the zone in which it is located. 3 11 A -5 Section 9. Section 41 -1201 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41 -1201. Same —Standards. Where permitted, any Emergency Shelter for Homeless or Multiservice Center for Homeless shall comply with the following: (1) Occupancy. A maximum of 30 beds or persons may be served nightly, with associated support service not open to the public. One Multiservice Center may be permitted in the City of Santa Ana, allowing a minimum of 150 beds or persons may be served nightly and maximum of 200 beds. Any Emergency Shelter for Homeless with greater than 30 beds, but less than 150 beds, shall be subject to approval of a Conditional Use Permit consistent with Article V of this chapter. (2) Separation Criteria. Said uses are to be located at least 500 feet from any residential use or residentially zoned property, park, child care center, or kindergarten through 12th grade curriculum school, as measured from the closest property line. An exception to this separation requirement may be granted if significant physical features act as barriers from said sensitive uses; such as a freeway, railroad right of way, or like features. In addition, at least 300 feet shall be maintained from any other Emergency Shelter for Homeless or Multiservice Center for Homeless, as measured from the closest property line. Said uses shall be located within '/z -mile of a transit stop. (3) Parking. One (1) vehicle parking space shall be provided per 5 beds. A covered and secured area for bicycle parking shall be provided for use by staff and clients, commensurate with demonstrated need, but no less than a minimum of eight (8) bike parking spaces. (4) Waiting and Intake Area. A client waiting and intake area shall be provided and contain a minimum of ten (10) square feet per bed provided at the facility. The client waiting and intake area shall be screened from the public right of way by a solid wall of at least six (6) feet in height, and shall be sufficient in size to accommodate all persons waiting to enter the facility. (5) Support Services. Emergency Shelters shall allocate sufficient areas on site, outside of any required landscape areas, to provide the following minimal support services: a. Food preparation and dining areas. b. Laundry facilities. C. Restrooms and showers d. Areas to secure and store client belongings. 4 11 A -6 e. Indoor and outdoor recreational facilities and /or open space f. A private area for providing referral services to assist shelter clients in entering programs aimed at obtaining permanent shelter and income. Referral services refers to the initial assessment of a homeless client to identify the areas in which assistance is needed, and connecting clients with appropriate off -site programs and services depending on their need. Multiservice Center or Emergency Shelters for Homeless with capacity for 150 or more beds shall provide a kitchen and essential services to meet the needs and development of homeless clients to facilitate homeless persons to obtain transitional and permanent housing solutions. (6) Hours of Operation. A Multiservice Center for Homeless with a capacity of 150 beds shall be open 24 hours a day. Emergency Shelters for Homeless providing less than 150 beds are not required to be open 24 hours a day. Clients for Multiservice Centers or Emergency Shelters for Homeless shall have a specified check out time as detailed in the Management and Operation Plan, but may remain on the premises to utilize onsite services offered. (7) Length of Stay. The length of stay of an individual client shall not exceed six (6) months within a twelve (12) month period; days of stay need not be consecutive. (8) Management and Operation Plan. The applicant or operator shall submit a Management and Operation Plan for the Emergency Shelter and /or Multi - Service Center for review and approval by the Planning Manager in consultation with the Chief of Police at the time the project is proposed, prior to issuance of permits. If Site Plan Review applies, then the Management and Operational Plan should be submitted and reviewed concurrently with those applications. The Plan shall remain active throughout the life of the facility, with any changes subject to review and approval by City Planning Manager in consultation with the Chief of Police. The Plan shall be based on "Best Practices" and include, but not be limited to, a security plan, procedures, list of services, staff training, "good neighbor" communication plan, client transport and active transportation plan, ratio of staff to clients, client eligibility and intake and check out process, detailed hours of operation, ongoing outreach plan to Santa Ana homeless population, and participation in data collection for the Orange County region's Homeless Management Information Services. The City may inspect the facility at any time for compliance with the facility's Operational Plan and other applicable laws and standards. (9) Restrooms. The number of toilet and showers shall comply with applicable Building Codes and Plumbing Codes. 5 11 A -7 (10) Trash Enclosure and Loading Zone. Each facility shall have a trash enclosure and loading zone as provided in section 41 -623 of this chapter. (11) Staff /Security. A 24 hour emergency contact person shall be designated. Staff and /or Security shall be on the premises at all times for Multiservice Centers or Homeless Shelters open 24 hours a day, as detailed and approved in the Management and Operation Plan. (12) Applicable Laws. The facility shall comply with all other laws, rules and regulations that apply, including Building and Fire codes and shall be subject to City inspections prior to Operational Plan approval. In addition, the facility is to be consistent with City Airport Land Use Environs Element policies, particularly as it relates to protecting sensitive uses from airport related noise levels. Section 10. Section 41 -1202 of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 41 -1202. Transitional and Supportive Housing -- Zones. Transitional Housing and Supportive Housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Section 11. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 12013 Miguel A. Pulido Mayor 11 11 A -8 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Ryan O. Hodge, Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 7 11 A -9 11A -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 5, 2013 TITLE: ORDINANCE SECOND READING: MODIFY DEVELOPMENT AGREEMENT NO. 2012 -01 TO ALLOW AN AMENDMENT AND ASSIGNMENT TO A NEW PROPERTY OWNER FOR THE DEVELOPMENT PROJECT LOCATED AT 200 EAST FIRST AMERICAN WAY - GENESIS REA� ESTATE GROUP, APPLICANT ICFTY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a1 Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On August 5, 2013, the City Council introduced first reading and authorized publication of title for the following Ordinance by a vote of 5 -0 (Amezcua abstained, Reyna absent): ORDINANCE NO. NS -2849 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A SECOND AMENDED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND VDC AT THE MET, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY FISCAL IMPACT There is no fiscal impact associated with this action. '/q Ia - -I) r Mania D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS -2849 11B-1 11 B -2 (ROH 08/05/13) ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A SECOND AMENDED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND VDC AT THE MET, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and owner in the development process. B. The City enters into this Second Amended Development Agreement pursuant to the provisions of the Government Code and applicable City policies. C. The Planning Commission has, following a duly noticed public hearing, on July 8, 2013, recommended approval of this Second Amended Development Agreement. D. The purpose of this Second Amended Development Agreement is to revise the Amended Development Agreement, dated April 16, 2012, to allow for the assignment of the Development Agreement for the property located at 200 East First American Way, Santa Ana, including all of the rights, duties, obligations, and benefits contained therein, to the prospective new property owner. E. The project and the use that the owner proposes in connection with the property have been extensively reviewed and considered by the City, and such proposed development and use have been found to accommodate the City's recommendations and suggestions in order to protect the public's interest to enhance the desirability of such proposed development and use. The terms and conditions of this Second Amended Development Agreement have been found to be fair, just and reasonable, and the City has concluded that the pursuit of the Project will serve the interests of the City. Ordinance No. NS -XXX Page 1 of 3 11 B -3 F. The City Council has held a noticed public hearing on this Ordinance and has considered all testimony presented thereto. G. Additionally, an addendum to the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011 -46, have been approved and certified by this Council by resolution simultaneously with the introduction of this ordinance. H. The proposed project will not adversely affect the General Plan, as is expressly set forth in the Request for Council Action dated August 5, 2013, together with all supporting documents, which are incorporated herein by this reference. Section 2. The Second Amended Development Agreement, a true and correct copy of which is attached hereto as Exhibit 1, is hereby approved, and the City Manager and Clerk of the Council are authorized to execute it on behalf of the City with such non - substantive changes as may be authorized by the City Manager and City Attorney. The Clerk of the Council is hereby authorized and directed to cause this Development Agreement to be recorded with the County Recorder's Office. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2013. Miguel A. Pulido Mayor Ordinance No. NS -XXX Page 2 of 3 11 B -4 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11 B -5 Ordinance No. NS -XXX Page 3 of 3 RECORDING REQUESTED BY: Clerk of the City Council City of Santa Ana WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M -30 P.O. Box 1988 Santa Ana, California, 92702 SECOND AMENDED DEVELOPMENT AGREEMENT by and between THE CITY OF SANTA ANA, a California municipal corporation, and VDC AT THE MET, LLC, a California limited liability company EXHIBIT 1 11 B -6 DEVELOPMENT AGREEMENT THIS SECOND AMENDED DEVELOPMENT AGREEMENT ("Second Amendment") is entered as of this day of , 2013, by and between THE CITY OF SANTA ANA ( "City "), a charter city and municipal corporation, and VDC AT THE MET, LLC ( "VDC "), a California limited liability company. The City and VDC are at times referred to individually as "Party" and collectively as "Parties" herein. RECITALS A. Sections 65864 through 65869.5 of the California Government Code (the "Development Agreement Laws ") authorize City to establish procedures to enter into, amend, and extend binding development agreements with persons having legal or equitable interests in real property located within the City for development of the property; B. The purpose of this Second Amendment is to assign and make certain minor changes to the previously- approved "Amended Development Agreement Between the City of Santa Ana and VDC At The Met, LLC, a California Limited Liability Company," dated April 16, 2012, and recorded in the Orange County Recorder's Office as Document No. (the "First Amended DA "); C. Pursuant to an order of Los Angeles Superior Court Judge James C. Chalfant in Case No. BC 484031, dated September 7, 2012, the subject property is currently controlled by David Wald, a receiver appointed by the Los Angeles Superior Court with full control and authority over VDC and the subject property. A true and correct copy of said order is attached hereto as Exhibit "A" and incorporated herein by this reference; D. Specifically, the Parties now desire to amend the First Amended DA, by way of this Second Amendment, to assign the First Amended DA, including all of the rights, duties, obligations, and benefits contained therein, from VDC to FIRST ROCK SANTA ANA, LLC ( "First Rock "), a California limited liability company, which is the development entity for GENESIS REAL ESTATE GROUP, INC. ( "Genesis "), a Texas corporation. The assignment is subject to the finalization of the sale of the subject property to First Rock, which was authorized by another order of Los Angeles Superior Court Judge James C. Chalfant in Case No. BC 484031, dated April 16, 2013. A true and correct copy of said order is attached hereto as Exhibit "B" and incorporated herein by this reference; E. In addition, the Parties desire to make minor changes to the First Amended DA, by way of this Second Amendment, including to (1) eliminate the two -year prohibition against assignments contained in Section 4.3 of the First Amended DA; (2) remove all references to the previous applicant, Vineyard Development ( "Vineyard "), and the previous developer, Ryan Ogulnick ( "Ogulnick "), from the First Amended DA; and (3) correct the number of total units to be built pursuant to the approved project; and, F. All other provisions of the First Amended DA, including all rights, duties, obligations, and benefits contained therein, shall remain fully intact and unchanged, and shall not be modified in any way by this Second Amendment. 2 11 B -7 AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Section 1. That subsection I.I(4) of the First Amended DA is hereby amended to read that the approved project will consist of 271 residential units. Section 2. That subsections 4.3 and 4.3.1 of the First Amended DA are hereby deleted in their entirety and are replaced with the following: "4.3 Assignment. Owner shall have the right to transfer or assign the Property, and its interests in and rights and obligations under this Agreement, in whole or in part, to any person, entity (public or private), partnership, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that except as provided in Section 4.3.1 of this Agreement, the rights of Owner under this Agreement may not be transferred or assigned unless the written consent of the Council is first obtained and any transfer or assignment of the rights under this Agreement shall include in writing the assumption of the duties, obligations, and liabilities arising from this Agreement if the City grants written consent to transfer the rights. The rights of the Owner hereunder shall not be subject to assignment by attachment, execution, or proceedings under any provision of the Bankruptcy Act, and any such assignment or transfer shall be wholly void and of no force and effect unless such written consent thereto be obtained from the Council. Such transfer or assignment shall not relieve Owner of any duty, obligation or liability to City without the consent of the City. During the term of this Agreement, any approved assignee or transferee of the rights under this Agreement shall observe and perform all of the duties and obligations of Owner contained in this Agreement as such duties and obligations pertain to the portion of the Property transferred or assigned. Any and all approved successors and assignees of Owner shall have all of the same rights, benefits, duties, obligations, and liabilities of Owner under this Agreement. If the Property is subdivided, any subdivided parcel may be sold, mortgaged, hypothecated, assigned, or transferred to persons for development by them in accordance with the provisions of this Agreement. Upon assignment or transfer of the rights of Owner under this Agreement, the obligations of Owner and the transferee or assignee shall be joint and several. 3 11 B -8 4.3.1 Permitted Assignments. The prohibition against transfer of ownership of the Property as defined in section 4.3 above shall not apply to, and the City hereby consents to, the following: (a) Associations, including limited partnerships, limited liability companies, or joint ventures with other entities for the purpose of performing Owner's obligations under this Agreement, provided Owner retains sole operational and managerial control. (b) Easements or temporary permits to facilitate development of the Property. (c) Deeds of trust or other financing documents executed for the purpose of securing loans to Owner made to finance the development of the Property, and transfers to any person or entity pursuant to a foreclosure or deed in lieu of foreclosure of such deed of trust or other, similar, financing documents and any subsequent transfer by any such person or entity. Section 3. ASSIGNMENT. The City Council of the City of Santa Ana hereby approves the assignment of this Agreement from VDC, pursuant to the authority granted by Los Angeles Superior Court Judge James C. Chalfant to the receiver appointed with full control over VDC and the subject property, to First Rock, subject to the finalization of the sale of the subject property to First Rock. Section 4. INTEGRATION. Except as expressly provided to the contrary herein, all provisions of the First Amended DA shall remain in full force and effect. The First Amended DA and this Second Amendment shall collectively be referred to as the "Agreement" throughout this document. The Agreement integrates all of the terms and conditions of agreement between the Parties, and supersedes all negotiations and previous agreements between the Parties with respect to the subject matter hereof. Section 5. EFFECTIVE DATE This Second Amendment shall take effect upon the completion of both the closing of escrow on the property subject to the Agreement by First Rock and the date the ordinance approving this Second Amendment takes effect. 4 11 B -9 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: SONIA R. CARVALHO City Attorney By: Ryan O. Hodge Assistant City Attorney CITY OF SANTA ANA KEVIN O'ROURKE Interim City Manager VDC AT THE MET, LLC A California limited liability company DAVID WALD Receiver 11B-10 • MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL COMMITTEE ON PARKS, RECREATION, EDUCATION AND YOUTH 0 0 October 29, 2012 CALL TO ORDER The regular meeting convened at 5:31 p.m. in the City Hall, 2nd floor conference room, 20 Civic Center Plaza, Santa Ana, California. ATT'�.RII ONCE Councii members Present Michele Martinez (Chair); Sal Tinajero Vincent Sarmiento Staff Present: Gerardo Mouet, PRCSA Executive Director; Jose Sandoval, Chief Assistant City Attorney, Ron Ono, Administrative Services Manager; Jenny Rios, Community Services Manager; Jose Perez, Community Services Supervisor; Public Present Shane Barrows, Resident Michelle Bretza, Pony Baseball John Bretza, Pony Baseball Carlos Nava, Pony Baseball Gilbert Ochoa, Pony Baseball Sulema Urquiza, Pony Baseball Lori Elizalde, Pony Baseball Raul Ortiz, Resident/Pony Baseball Tony Zuniga, Pony Baseball Eric Eckenwiler, Pony Baseball Javier 011evidos, Pony Baseball Brandie Nava, Santa Ana Pony Baseball Brett Franklin, Resident Mark Mulkerin, Resident Leon Raya, Resident Julie Stroud, Resident Glen Stroud, Resident Ron Foster, Little League Jorge Robles, SA Pony Baseball Elsie Robles, SA Pony Baseball Jessie Anguiano, Santiago Little League Jose Rivera, Santa Ana OCRBL PREY Regular Meeting Page 1 October 29, 2012 13A -1 • Henry Buenrostro, SA High School Harvey Contreras, Valley Little League Jaime Contreras, Valley Little League Erasmo Ramirez, Segerstrom High School Mike Jurado, Santiago Little League Peter Zapata, Santiago Little League Oscar Diaz, Valley Little League • APPROVAL OF MINUTES o Minutes of September 25, 2012 accepted as presented. • PUBLIC COMMENTS: • Tony Zuniga indicated he lived in Santa Ana and provided background on why as a youngster he went to Tustin Pony League. At the time, Santa Ana had no Pony League and he wanted a league to compete and improve his skills. • Eric Eckenwiler indicated he played in the Little League program, but went to the Tustin Pony League because it was more competitive. Other cities around Santa Ana have Pony League, whereas Santa Ana does not. • Glen Stroud indicated he lives in Santa Ana by Riverview Park. He coached Little League at Riverview Park, but is concerned that children across the • river cannot play little league at Riverview. He supports the program changing over to Pony League. • Raul Ortiz indicated he was President for Valley Little League for two years. He is not sure if Pony Baseball is the right thing, but supports the fact that he has a choice. • John Bretza spoke in favor of transitioning Little League to Pony League. Pony League prepares players to real baseball and they are better equipped to play baseball. • Shane Barrows indicated his son is 6 years old and is here to gather information and asked if there is an existing contract with Little League. • Henry Buenrostro indicated he is the Head Coach for SA High School. The high school has been losing games and players are leaving the district. • Julie Stroud indicated the coaches are excited and are getting behind the team, but players need to be better equipped. She supports the transition to Pony League. • Leon Raya indicated we need to look at the process to transition from Little League to Pony League. Kids are not being recruited by Little League and Pony League. It's Travel Ball where the kids are being recruited. He is in the process of establishing a Travel ball League, but his goal is to recruit from Santa Ana kids. Councilmember Vince Sarmiento arrived at 5:50pm. o Erasmo Ramirez indicated he is the Head Coach of Segerstrom High School. • He has played professional baseball for over 10 years and later obtained his PREY Regular Meeting Page 2 October 29, 2012 13A -2 • teaching credentials. He played with Valley Little League and learned a lot, but feels there is a problem since players are leaving to other city leagues. We need to keep players here in Santa Ana. If we have a Pony League, kids would play here and stay in the Santa Ana Unified School District. • Jamie Contreras indicated he is a coach for Valley Little League. He is concerned that kids are leaving, because we don't play year round. If baseball is not allowed to play year round, kids will go to travel ball. • Harvey Contreras indicated he is the President of Valley Little League. He supports both the Little League and Pony League programs. We need to keep kids in the baseball program. There are not enough fields in Santa Ana and other sports have priority in September to December. Santa Ana has 39 fields and it is difficult to share the fields all year long. • Mark Mulkein indicated he lives in Santa Ana and has seen kids play in Northwest Little League and Pony League. The leagues have outreached to the community. Little League provides recreational play and fairness. He has talked to some of the residents and indicated the community supports the transition to Pony League. • Peter Zapata indicated he is President of Santiago Little League. Most important is to teach the kids the fundamentals of the game. Pony needs to run some clinics for each of the leagues. He has coached in both Pony and Little League and indicated it boils down to how kids are being taught. • Ron Foster of District 30 indicated right now there are 5 leagues and there is • no Northwest Little League. It comes down to preference and the level of coaching. September 29, 2012 minutes approved as presented. • NORTHWEST LITTLE LEAGUE PROPOSAL • The Santa Ana Pony Baseball proposal was distributed to the PREY Committee by Carlos Nava. • Councilmember Tinajero indicated he has been part of both Little League and Pony League. In Fountain Valley both Little League and Pony share a park. Pony and Little League has different rules. Pony is strict on starting on time. The average team per league is 6 teams, but the numbers have decreased to 1 or 2 teams per league. If players want to improve they have to go outside of Santa Ana. Change is difficult. Little League has a great concept but need to change with the times. We need to provide options for the kids to choose. Need to have a park where all the fields are used by the league. • Councilmember Sarmiento indicated he is in support for kids having options. Kids have talent and need options to thrive and be successful. The basic fundamental issues are: 1) Lack of fields; 2) Year round sports on the field; and 3) the introduction of providing a new layer of options. • Gerardo Mouet indicated staff prepared a handout and will be monitoring field usage. At this point there is not a problem of providing the fields. 0 PREY Regular Meeting Page 3 October 29, 2012 13A -3 • • Councilmember Sarmiento expressed concern of cost to the player. Indicated we need to keep it affordable. Indicated we need to have a program for kids to sharpen their competitive edge. • Carlos Nava indicated Pony Baseball is set up as a non - profit organization and has the proper insurances. Little League is a good establishment. The cost is about the same and a scholarship program has been set up for kids that cannot afford to play. Pony Baseball has been holding clinics for years. Status quo is not working. Pony will be an asset to push kids to a higher level. • Leon Raya asked about the process in which to transition from little league to pony baseball. He also indicated extending the boundaries will not help since all the fields are at maximum capacity. • Gerardo Mouet replied fields need to be monitored to ensure fields are used through the reservation process. • Councilmember Sarmiento requested staff to balance the use of the fields. If boundary's changes can fields be shared or adjusted based on the change? • Ron Foster indicated currently there is no Northwest Little League organization. The boundaries would have to shift. • Councilmember Tinajero indicated he does not want Northwest Little League to be targeted to move. The reason Santiago Little League is increasing is because of the leadership. He recommended staff monitor the use of Riverview Park ball fields by Pony Baseball and report back in one year. • Councilmember Martinez indicated she has experience growing up with the • various leagues and was disappointed when she reached high school. Her experience through the leagues lacked training to prepare her for high school. Some residents just want to play recreational ball and not necessarily competitive play. Staff is currently working on a master joint use agreement with the school district to make additional field's available afterschool. We don't want children to miss opportunities to succeed. Santa Ana is a young city and needs fields for youth. She asked the leagues to provide options to select healthy snacks at the concession stand. • RECOMMENDATION: • PREY approved Pony Baseball to use Riverview Park ball field on a 6 month trial basis and staff to report back to PREY on field usage. ■ STAFF UPDATE o Gerardo Mouet provided an update on pending agenda items requested by PREY and provided a list of 11 items. o Councilmember Martinez recommended the following items for the next agenda: • CDBG FY 13 -14 Priority Setting ■ Update on Parks and Recreation Agency Budget for FY 13/14. ■ Update of HEAL Resolution • Amendment Update on Play Rules for Non Organized Sports • Zoo RFP Update PREY Regular Meeting Page 4 October 29, 2012 13A -4 • o Next meeting is tentatively scheduled for January 28, 2013. Staff will check if the January 28`h date will work for the Council Committee and staff. • COMMITTEE MEMBER COMMENTS • Councilmember Tinajero thanked everyone for attending and clarified for the audience that PREY is recommending a 6 month trial for Pony baseball and requested staff to obtain usage numbers. • Councilmember Sarmiento thanked everyone for attending and indicated he is looking forward to implementing a better system of providing options for the kids. • Councilmember Martinez thanked everyone for attending and reminded the leagues to provide healthy choices in the snack bar. ADJOURNED: 7:00 p.m. • Gerardo Mouet Executive Director, 0 PREY Regular Meeting Page 5 October 29, 2012 13A -5 13A -6 • MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL COMMITTEE ON PARKS, RECREATION, EDUCATION AND YOUTH July 29, 2013 CALL TO ORDER The regular meeting convened at 5:31 p.m. in the City Hall, 2nd floor conference room, 20 Civic Center Plaza, Santa Ana, California. ATTENDANCE Council members Present Mayor Pro Tem, Sal Tinajero (Chair) Angelica Amezcua Roman Reyna Staff Present: Kevin O'Rourke, Interim City Manager, Gerardo Mouet, PRCSA Executive Director Lisa Storck, Assistant City Attorney Jeannie Jurado, Interim Community Services Manager • Jose Perez, Community Services Supervisor Hiram Uribe, Graphic Designer. LJ Public Present Jesus Nieto, Pacific Baseball League Manny Quintana, Golden Baseball League Pedro Magallon, S. A. Youth Soccer Association Alex Vega, S.S.B.A Henry Buenrostro, SAUSD Carlos Nava, S.A. Pony Javier 011evidos, S.A. Pony Sulema Urquiza, S.A, Pony Lori Elizalde, S.A. Pony Harvey Contreras, Valley Little League Liza Rodriguez, Valley Little League Jaime Contreras, Valley Little League Oscar Diaz, Valley Little League Pedro Rodriguez, Valley Little League Aaron Rodriguez, Valley Little League Tyler Lopez, Valley Little League Ruby Woo, Resident Debbie Freedman, FOSAZ Juan J. Rivera O.C.R.B.L. PREY Regular Meeting Page 1 July 29, 2013 13A -7 • APPROVAL OF MINUTES o Minutes of October 29, 2012 accepted as presented • ESTABLISH BY -LAWS • Lisa Storck — Answered question indicating it is okay to modify By -Laws. This is a standard procedure for all Council Committees. The PREY By -Laws will go before Council for approval. • MOTIONS: • Mayor Pro Tern Tinajero — Motion to establish Committee, Motion passed • Council Member Amezcua — Motion to appoint Mayor Pro Tern Tinajero Committee Chair — Motion passed • Council Member Reyna - Motion to appoint Council Member Amezcua Committee Vice Chair— Motion Passed • PUBLIC COMMENTS: o Pedro Magallon asked when sports lighting to DYSC #2 and #4 would be repaired. Many lights are not working. Mr. Magallon also asked when damaged turf to DYSC #4 would be repaired and the timeline for the work to be completed on the Spurgeon fields. o Jesus Nieto objected to the changes made regarding recent adult baseball • lottery and redistribution of fields. Rules have been violated. New league does not meet the required Santa Ana player resident percentage to be able to have fields. Small percentage of players are Santa Ana residents and do not comply with the rules. Certain individuals were given privileges. The new league is bringing in teams from outside of Santa Ana. Requested Council committee to do what's best for Santa Ana. o Manny Quintana indicated he is a resident of Santa Ana for 50 years and was the first to bring adult baseball to Santa Ana. Some people indicated he profits from using school fields and blames him for damaging the school fields. He was the first to use school fields and has letters from different schools on donations he has made to schools he used. He said he received a call from Mayor Pro Tern Tinajero and was told it can be proven what he has done over the years and why doesn't he take his league to Fullerton. The new lottery only affected him. o Henry Buenrostro indicated that the new lottery system is good because it benefits the community, youth and schools. School fields look good and the lottery system levels the playing field for all leagues. The fields belong to the community and the city, not the leagues. The Council Committee is moving in the right direction with this decision. Competition is good as it improves the quality a program has to offer and holds everyone accountable. Baseball is alive in Santa Ana and he loves the game. He feels privileged to have played the game at a high level and would like to give back to the community. They have former players that maintain the fields the right way to keep them • looking nice so players feel proud to play on well- maintained fields. He PREY Regular Meeting Page 2 July 29, 2013 13A -8 • thanked the council committee and staff for a great job in moving in this direction. o Alex Vega indicated that the lottery process was corrupted, that he was lied to by Mayor Pro Tern Tinajero and Gerardo Mouet. The new league brought in six teams from Long Beach to increase the teams in their league. Mr. Nieto gave the new league Hector Godinez fields on Saturday. The Godinez fields are the best fields in Santa Ana. The new league was allowed to by -pass the process and used Mayor Pro Tern Tinajero to get fields. o Javier 011evidos indicated that this is the first year for Santa Ana Pony League. Nearly 400 players participated in the program. Other cities are very competitive and Santa Ana never competed well against other cities. The Program is a volunteer program and he puts in approximately 15 volunteer hours a week as a coach and umpire. He is passionate about the game and thanked the Council Committee for allowing the Santa Ana Pony League to move forward. o Carlos Nava indicated he is the president of Santa Ana Pony League. Because of him, the league kids are coming back to Santa Ana to play baseball. The current youth leagues puts restrictions on players and Pony League eliminates those restrictions allowing the game to be played as it is meant to be played. The teams in Pony League represented Santa Ana very well. The league offers scholarships and allows players to grow and develop. They offer regular clinics to teach players basic fundamentals of the game. • The league conducts background checks on everyone involved with the league. The league keeps kids in Santa Ana where they should be and not going to other cities to play in other Pony Leagues or travel ball teams. He thanked the Council Committee for allowing Northwest Little League to transition to the Pony League and to continue forward. o Javier Contreras indicated that the adult leagues are not crying for fields but are crying for profit. Kids are fighting for the game and for fields to play and practice baseball. Does not understand why grown men are fighting for fields. Young athletes are proud, will not going to back down and will fight for fields. o Aaron Rodriguez indicated he is 12 years old and attends McArthur School. He is proud to live in Santa Ana and does not understand why they don't have fields and why they have to fight for fields. He plays baseball year round and baseball is an outlet for him and keeps him off the streets. He wants to make his parents proud and baseball gives him pride. o Harvey Contreras indicated that he does not know why we are here discussing field issues when Mr. Nieto does not even live in Santa Ana. Everyone is fighting for fields and this needs to end. He is fighting for Valley High School and Jerome fields because kids in his program live by these fields. Baseball keeps kids out of jail. He is a volunteer and is not doing it for profit like Mr. Nieto. The lottery was fine, the lottery needs to stay. Do it for the kids. o Tyler Lopez indicated he attends McArthur School and baseball is a lifestyle, it keeps him fit. His older brother plays for Godinez High School and the • fields are in bad condition. The team has to do regular fundraisers to help PREY Regular Meeting Page 3 July 29, 2013 13A -9 • maintain the fields. The little League fields are in better condition than the school fields. His parents taught him to be proud. o Debbie Freedman asked what is the status of the management of the zoo, has not heard anything in a while regarding this matter. Proposed viable option for FOSAZ to manage. Funds saved by the city could be used for other programs, such as baseball. FOSAZ needs to know if they need to hold onto funds. • Interim City Manager Kevin O'Rourke instructed staff to set up a meeting with FOSAZ to discuss. o Juan Rivera indicated he has lived in Santa Ana for 25 years and is the President of Orange County Regional Baseball. He thanked Council Committee and staff for the opportunity to use city fields. He has nothing against the other adult baseball leagues and feels the community should have the opportunity to choose what league they can play for. He is not in it for the profit and will always give back to the community. OCRB will look to become a non - profit. The youth today need more support and OCRB will provide scholarships to Santa Ana youth. Recent news article stated Pony league and Little Leagues are doing very well in Santa Ana. • REVIEW OF PARK IMPROVEMENT PROJECTS o Gerardo Mouet provided park project update • • Pacific Electric Park Improvement • El Salvador Park Community Garden & Picnic Area Improvements • Memorial Park Picnic Area Improvements • Madison Park Joint -Use Community Garden & Basketball Court Improvement • Centennial Park Skate Park Improvements • Leisure class instructors to teach community to grow own gardens • UPDATE OF ADULT BASEBALL PROCESS IMPROVEMENT PROGRESS • Gerardo Mouet presented Power Point presentation and handouts on history of adult baseball in Santa Ana and current status. • This issue was presented, reviewed and discussed at the July 24, 2013 Board of Recreation and Parks meeting. The board expressed support in the direction staff took regarding the lottery process for the three adult baseball leagues. • Implementation of Adult Baseball Surcharge of $18 per game with monies going back to help maintain adult baseball fields. Fees voted and approved by City Council as part of Miscellaneous Fee Schedule and took effect July 1, 2013. • Council Member Reyna appreciated everyone's involvement and acknowledged Aaron and Tyler to be able to speak in a public forum at such a young age as it is not easy to do so. He is a product of youth sports and • attributes much of his success to youth sports. All organizations using city PREY Regular Meeting Page 4 July 29, 2013 13A -10 • fields should be non - profit. He referenced SAUSD going through a similar field allocation process several years ago and the school district leaned towards youth over adults. The City and SAUSD over the years have shared ideas to better this process to ensure fields are being used by Santa Ana residents. • Council Member Amezcua indicated that the lottery was done fairly and was a random draw not favoring one league over another and will be an annual lottery. • Mayor Pro Tem thanked staff for a great job; it is not an easy job to distribute fields when there is a lack of open space in Santa Ana. Before there were two leagues with six available fields, one league had four fields and the other had two. Now there are three leagues and each league has two fields. OCRB has shown that they will maintain fields and the other leagues will have to do the same - only time will tell. It's about choice and providing a good product. When there is a monopoly on fields quality is low, fees are high and fields are not maintained. Recently the dug out at Valley High School was damaged and league did not take responsibility to report the damage to the school or the city. It seemed leagues were running amuck and coaches and players did not have a voice. Coaches now have a voice. Choices empowers kids first and adults second. No one lost in this situation, everyone is still here. Kids need to know if they don't fight for something they will never get anything. With the adult Baseball Surcharge we will have money to fix fields • which will benefit everyone. We ask that everyone be good stewards of the fields. ■ MOTION: • Council Committee Members, Tinajero, Amezcua and Reyna supported and approved staff's direction on the lottery process for adult baseball. • STAFF UPDATE o None • COMMITTEE MEMBER COMMENTS o None ADJOURNED: 6:55 p.m. Gerardo Mouet Executive Director, P CSA 0 PREY Regular Meeting Page 5 July 29, 2013 13A -11 13A -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2013 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from City departments in accordance with the retention schedule outlined in City Council Resolution 2013 -014. DISCUSSION On April 1, 2013, the City Council approved a Resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the period in which records need to be retained. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 56 of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. Attachments 19C -1 19C -2 ME MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to the City Manager Date: September 1, 2013 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2013 -014. Thank you. i 19C -3 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2013 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence August 1, 2011 and prior Correspondence/ August 1, 2011 Chronological Files Councilmember Self- explanatory and prior Council Requests Mayor Inquiries processed for Mayor August 1, 2011 and prior Wards 1 through 6 Inquiries processed for Councilmembers August 1, 2011 and prior Correspondence General Correspondence Self- explanatory August 1, 2011 and prior Staff Inquiries processed for Staff August 1, 2011 and prior Monthly Status City Manager Self- explanatory August 1, 2011 Reports and prior Payroll Records Council /Staff Self- explanatory August 1, 2011 and prior August 1, 2011 Travel Folders Council /Staff Self- explanatory and prior F11:11 Cde y: Kevin O'Rourke Date Interim City Manager RECORDS DESTROYED: Volume in Cubic Feet Weight in Pounds 19C -4 CONSENT: Sonia R. Carvalho Date City Attorney AUDITED BY: Mark Lawrence Date Exec. Assistant to the City Manager MAYOR Miguel A. Pulldo MAYOR PRO TEM Sal Tinajero COUNCILMEMBERS Angelica Amezcua P. David Senavides Michele Martinez Roman Rayne Vincent F. Sarmiento CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 (714) 647 -6900 T0: Laura Sheedy, Assistant City Attorney From: Bich Ta Date: July 24, 2013 Re: Request for destruction of records INTERIM CITY MANAGER Kevin O'Rourke CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Hulzar The Clerk of the Council requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2013 -014. 19C -5 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE FINANCE AND MANAGEMENT SERVICES (July 2013) RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES ACCOUNTS Cash Requirement Lists paid invoices by vendor. June 2010 and prior PAYABLE (AP 50) June 2010 Vendor Payment Supporting documentation to pay disbursements for City and prior Documents expenditures. Not for Grants or Capital Projects Bids and proposals Original bid, bids received, bid list, advertising record June 2010 and prior Self- explanatory June 2011 Travel Request and and prior ex ensereport PREPARED BY: Vicki Elmore Ross APPROVED BY: I Nrs� "-- ., l�� Francisco Gutierrez Date Executive Director of Finance RECORDS DESTROYED: Number of Boxes 19C -6 CONSENT BY: ©� /z9/oi � Date APPROVED BY: Sib Sonia Carvalho Dab City Attorney REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2013 TITLE: CANCELLATION OF OCTOBER 7, 2013 COUNCIL MEETING (D 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 Direct the Clerk of the Council to post a Notice of Cancellation for the regularly scheduled Council meeting of October 7, 2013; the City staff hereby waives notice of said meeting as required by the Government Code. DISCUSSION City staff is recommending the cancellation of the regularly scheduled City Council meeting on October 7, 2013. The Council will resume consideration of regular Council items at their Adjourned Regular Meeting scheduled for October 21, 2013 in the Council Chamber, 22 Civic Center Plaza, Santa Ana. FISCAL IMPACT There is no fiscal impact associated with this item. Ai a_ Maria D. D. Huizar, Clerk of the Council 19D -1 19D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2013 TITLE: CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the submittal of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its regular meeting on August 20, 2013, by a vote of 6:0 (Verino absent), the Community Redevelopment and Housing Commission recommended: 1) to receive public comment on the Consolidated Annual Performance and Evaluation Report for fiscal year 2012 -13 and 2) that City Council authorize submittal of the Consolidated Annual Performance and Evaluation Report to the U. S. Department of Housing and Urban Development. DISCUSSION The Consolidated Five Year Plan is a comprehensive planning and application document that covers the four entitlement grants that the City receives annually from the U. S. Department of Housing and Urban Development (HUD). The Plan outlines a strategy for using the four grants and other resources to meet community needs as they were identified in the Plan. These four entitlement grants are Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), HOME Investment Partnership (HOME), and Housing Opportunities for Persons with AIDS (HOPWA). The Plan also identifies five -year numeric goals for meeting the identified community needs that the jurisdiction will seek to achieve during the period covered. As part of the Consolidated Plan process, the City is required to submit annually a Consolidated Annual Performance and Evaluation Report (CAPER) (Exhibit 1). The CAPER describes the activities and accomplishments for these federal entitlement grants during fiscal year 2012 -2013. It also reports the City's success in achieving the five -year objectives that are established in the Plan. Fiscal year 2012 -2013 is the third year covered by the 2010/11- 2014/15 Consolidated Five 19E -1 CAPER September 3, 2013 Page 2 Year Plan. The following table summarizes in broad categories the accomplishments achieved towards meeting the identified five -year objectives. The details for each category can be found in the CAPER, under Exhibit 4. Objective 5 Yr Goal FY FY FY Year Percent FY 30 -15 10 -11 i1 -12 12 -13 Total Achieved Housing Services Owner - Occupied 108 21 14 22 57 52% Renter - Occupied 185 11 34 110 155 83% Code Enforcement Services Owner- Occupied 7442 2737 1800 1530 6067 81% Renter - Occupied 8000 1005 1176 471 2652 83% Homeless Services Prevention 1437 345 250 390 985 69% Shelter 5730 934 1017 886 2837 50% Supportive 13000 1962 1256 3489 6707 52% Permanent Supportive Housing 300 61 56 79 196 65% Special Needs Services Elderly 3750 1360 2418 1121 4899 103% Disabled 100 1 0 1 478 1 0 478 478% Public Services Low - Income 20000 4955 4819 8551 18,325 91% Capital Improvements Projects Facilities 12 3 6 10 19 158% Infrastructure 5 1 6 0 7 140% rvote: in abortion to me services noted above the Santa Ana Housing Authority provide Housing Choice Voucher Rental Assistance to 2682 households. The City's Gang Reduction and Intervention Partnership (GRIP) program also provided anti - gang services in the Diamond and Kennedy Elementary school areas. The U.S. Department of Housing and Urban Development (HUD) regulations require that the CAPER be available for a 15 -day public review period prior to being submitted to HUD. On August 5, 2013, a public notice was published in the Orange County Register, La Opinion, and Nguoi Viet News indicating that the draft report would be available for review beginning August 6, 2013. The draft CAPER was also available for public review on the City's website. All comments received have been included in the final document submitted to HUD, which is due no later than September 30, 2013. FISCAL IMPACT There is no fiscal impact associated with this action. 19E -2 CAPER September 3, 2013 Page 3 Nancy Fong, AI� Interim Executi Director Community De Iopment Agency NF /SLB -TE /kg Exhibit: 1. CAPER Report 19E -3 19E -4 CONSOLIDATED ANNU ip Program Persons with AIDS jownpayment Initiative ROGRAM YEAR 2012 - 2013 LY 1, 2012 THROUGH JUNE 30, 2013 MMARY OF FIVE -YEAR ACCOMPLISHMENTS PREPARED BY: COMMUNITY DEVELOPMENT AGENCY 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 Exhibit 1 19E -5 IV V. CITY OF SANTA ANA 2012-2013 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT TABLE OF CONTENTS EXECUTIVE SUMMARY .............................. ............................... Summary of Resources & Distribution of Funds .............. General CAPER Narratives A. Assessment of 5 -Year Consolidated Plan Goals B. Affirmatively Furthering Fair Housing........... C. Affordable Housing .... ............................... D. Continuum of Care Narrative .............. E. Other Actions . ............................... F. Leveraging Resources .............. G. Citizen Comments .............. H. Self- Evaluation.......... I. Monitoring .............. CDBG Narrative A. Relationshl B. Changr C. HUr ............................1 ................5 7 ...........11 ...................15 ............. . ...........19 ................... . ............ 22 ...... ............................... 28 .......... . ............................... 29 `` ................ ............................... 30 ....................... ............................... 33 <- Vtives ................................. .............................35 ............................................... .............................36 Aization Strategies or EZ /EC Annual Progress ............................................. ............................... I ..... 40 .................... ............................... 40 H nts ANR ME Funds to Goals & Objectives............................ .............................41 B. ...................................................................................... .............................41 C. Minority omen Business Contracts and Subcontracts ................. .............................42 D. Additional Assessments ....................................................................... .............................42 VI. HOPWA Narrative Statements A. Relationship of HOPWA Funds to Goals & Objectives ......................... .............................44 B. Part 1 -A: HOPWA Executive Summary ................................................ .............................45 C. Part 1 -B. Annual Performance under the Action Plan ........................ .............................47 D. Part 1 -C: Barriers or Trends Overview ................................................. .............................50 08/11/2013 i 19E -6 lIm VIII. 08/11/2013 E. Part II: Accomplishment Data - Chart 1 & Chart 2 ............................... F. HOPWA CAPER Chart 3 Measuring Housing Stability Outcomes ......... .............................52 G. HOPWA Outcomes on Access to Care and Support ............................. .............................53 ESG Narrative Statements A. Assessment of Relationship of ESG Funds to Goals & Objectives B. Matching Resources ...................................... ............................... C. Activity and Beneficiary Data ...................... ............................... D. Homeless Discharge Coordination ........ ............................... Map of City of Santa Ana CDBG Target Public Hearing /Comment Period Pr Comments Consolidated Annual Performal HUD Consolidated Plan Tab' HUD Outcome Measure 2012 -2013 Planned CDBG Activity Sw CDBG Financier 19E -7 .....55 ..............58 .on Public -port # PR06) 08/11/2013 19E -8 EXECUTIVE SUMMARY The City of Santa Ana is the recipient of federal Community D t (CDBG), HOME Investment Partnership (HOME), Emergency Solu ' ousing Opportunities for Persons with AIDS ( HOPWA) funds.' The Urban Development (HUD) awards these funds to the City o c of these funds, the City is required to prepare a five -yea housing and community needs, prioritizes these needs, identif and establishes annual goals and objectives to meet these nr nan is known as the Consolidated Plan. In addition to updatinuftill dual basis, via an annual Action Plan, the City of Santa Ana is req.;- _ -- -- BUD with an assessment of its accomplishments utilizing grant f' -_ - _ gar. This annual assessment is known as the Consolidated Annuu _ - -. eport (CAPER). This document provides a _ �/s performance for the 2012 -2013 Fiscal Year (or report period ' -s " 64 Consolidated Plan cycle. The 2012 -2013 report period bega _ 30, 2013. This report summarizes the City's accomplishment , HOPWA programs and includes a summary of the progress th .,onsolidated Plan's five -year goals. The CAPER also incorpor - _nts received by the City during a 15 -day comment period held f r gust 15, 2013. Also included in this document are reports generat ;bursement and Information System (IDIS). These HUD reports provide inf - peen entered into the national database and summarize the City's During the 2012 -2013 report period, the City continued its efforts to address the priority housing and community needs identified in the 2010 -2014 Consolidated Plan. For example, the City's supply of affordable housing was expanded and upgraded during the report period. Federal and state funds were used to improve 21 owner - occupied housing units.Z Additionally, HUD's American As Orange County's most populous city, Santa Ana is the recipient of HOPWA funds on behalf of the entire Orange County region. z 12 units were rehabilitated with CDBG, eight were rehabbed with HOME and 1 with State CalHome funds. 08/11/2013 1 19E -9 Dream Downpayment Initiative (ADDI) was used to assist one household purchase a home, and Neighborhood Stabilization Program (NSP) funds were used to purchase, rehabilitation and resell eight housing units (_ of these households also received NSP- funded homebuyer assistance). With respect to rental housing, during the report period, 110 units were completed with local redevelopment funds. While no HOME- funded rental housing units were completed during the report period, 101 units were at various stages of completion and will most likely be reported as complete during the next report period. During 2012 -2013, the Housing Authority of the City of Santa ided Rental Assistance to 2,682 Low - Income households. Additionally, the ne 'ass were addressed with the use of ESG funds: 347 Santa Ana residents received assistance that preve ,ss • 834 Santa Ana homeless individuals benefited from grams 39 residents accessed transitional housing and see 70 homeless individuals was provided acce, gh the Rapid Re- housing program model. 3489 homeless individuals received so a services The housing needs of homeless pe "ne elderly, disabled, victims of domestic violence, and personsilloli activities funded by the City. On a regional basis, HOPWA fun individuals —other HOP The community np - ■ CDBG fund •nfr nanent housing opportunities for 47 pp individuals with HIV /AIDS. essed during the 2012 -2013 report period: ircement activities aimed at ensuring minimum health_;al properties in target neighborhoods Idow • CD MR ist with the rehabilitation fire stations that serve the City's Funds !?t rtake various street and park improvement projects Finally, the City clawwo address the human service needs of the community via public service. Public services fund y the City during the 2012 -2013 report period were aimed at assisting Low and Moderate - income households: • During the report period over 8,082 youths were provided services that included education and recreation programs • Programs such as delivering meals to homebound seniors addressed the needs of 1,121 Santa Ana .seniors • A homeless outreach program was initiated during the report period — 469 homeless individuals were assisted 08/11/2013 2 19E -10 During the report period, a gang prevention program was provided to residents living in two neighborhoods where approximately 79 percent of households were low and moderate - income As required by HUD, the amount of federal grant funds expended by the City during the 2012 -2013 report period are listed in Table 1. 3 TABLE 1— FEDERAL HUD GRANTS 2012 -2013 Community Development Block Grant $5,68 "XX t HOME Investment Partnership Grant $t , HOME American Dream Downpayment Initiative Emergency Solutions Grant ESG Reprogrammed Funds (from prior years) Housing Opportunities For Persons With AIDS (HOPWAI Housing Opportunities for Persons With AIDS — Prig NA 1. Based on IDIS report PR26 dated 07/ _J2013 2. Based on IDIS report PR05 as of 07/_/2013; inch 3. Funds received in prior years were expended 4. Based on IDIS report PR05 as of 07/_/201 = 5. Based on IDIS report PR05 as of 08/09/)' HUD funds were expended preserving and c environment for all r rea e City's community v _ zr Y y.=_. 2014 Consolida' ., of Several HU "= __ - �f one - year an = - HUD requirZq& ffcl< and report accomplishments based on the household income of program bene Ftor me categories are based on the median income for Orange County, which equaled N$8 a family of four in 2013. Income categories used throughout this document are defined as follows: • Extremely Low-Income: household income between 0% and 30% of the area median income • Very Low - Income: household income between 31% plus and 50% of the area median income a ADD] is identified as a separate federal grant; however, it is a "set- aside' program under the HOME program. 08/11/2013 3 19E -11 Low- Income: household income that ranges from 51% plus to 80% of the area median income. Some HUD reports refer to all households with incomes under 80% of the area median income as "Low- and Moderate - income. ") Middle- Income: HUD has designated this new income category for households participating in certain programs funded with NSP. Middle- income households have an income in excess of 80% but no greater than 120% of the county median income Moderate - income: Some funding sources (i.e., local Redevelopment f i allow the City to assist households with higher incomes, typically up to 120% of the ar ' ncome. The term "lower income" household or individual ma accomplishments. This is a generic term used to reference that range from 0% to 80% of the county median income. A In most situations, HUD funded programs are lira median income (adjusted for family size). The in, qualify /report HUD funded activities during th, the City chose to use HUD's "uncapped" i wide basis and used HUD's "Adjusted" income - based. For calendar year 2 TABLE 2 - 2013 H U D 08/11/2013 4 19E -12 .rencing nmes i% of the area s) were utilized to As allowed by HUD, ded activities on an area G activities that are client (see Table 2). II. SUMMARY OF RESOURCES AND DISTRIBUTION OF FUNDS HUD requires that the City identify the federal funds that were available during the report period that were used to further the objectives and goals of the City's Consolidated Plan. The City must also outline how these funds were committed and expended. Table 3 provides this information. TABLE 3— USE OF HUD FUNDS Entitlement Grant $5,680,480 $1,228,217 Program Income $71,467 $170,724 Funds Committed $X,xx,xxx, $X,XXX,XXX Funds Expended* $X,xX,XXxs * Figures as of 08/11/2013 and are subject to change. t. No additional ADD funds were allocated to the City In 11 -12; however, p are included in HOME "Funds Expended" total. 1. Based on IDIS PRO8 report dated Xx/Xx/2013; may Include prograr a. Based on IDIS PR22 report dated XX /XX/2013. a, Based on IDS PR02 report dated XX /%X/2013. s, eased on IDIS PR26 report dated XX/XX /2013; may lnclud u Based on IDIS PROS report as of XX/XX/2013 may lnclls,;_: Additionally, the City is required during the report period. • CDBG program funds were available o administration - and commur carried OaM "538,354 .,XX 4 xx,xxx 6 12 report period and of federal funds utilized us n criteria. For example, public services ' -- beneficiaries; fair housing and program MMNWTa citywide basis. Housing code enforcement street and park improvement projects) were crate- Income Area; i.e., areas of the City where the and Moderate - Income definition - see EXHIBIT 1 - MAP L CONCENTRATION MAPS. • HO - ` support housing rehabilitation activities for Very Low - Income homeo To qualify for these funds an evaluation of household income was undertaken. • ESG funding w to support programs that helped prevent homelessness or that assisted those already homeless with emergency /transitional housing and related support services. To ensure only eligible households were assisted, each program participant was required to document their risk of homelessness or reason for homelessness. • HOPWA funding was limited to activities that assisted persons living with HIV /AIDS and immediate family (as applicable). 08/11/2013 5 19E -13 HUD also requires the City to indicate if resources were utilized to benefit areas with racial /ethnic minority concentrations. Based on Census Bureau ethnicity /race estimates, Santa Ana is approximately 78.7% Hispanic /Latino; this population resides throughout the City.4 The second largest minority population in Santa Ana is Asian, which comprise approximately 10.1% of the City's population.5 Asian households are mainly concentrated in the City's west -side and south -end areas. Maps showing the concentration of these minority populations in relation to the City's Low /Moderate Income areas are provided in EXHIBIT 1. 4. DP05: ACS DEMOGRAPHIC AND HOUSING ESTIMATES," 2007 -2011 American Community Survey 5 -Year Estimates. 5 Ibid. 08/11/2013 6 19E -14 III. GENERAL CAPER NARRATIVE CDBG, HOME, HOPWA and ESG funds are awarded to the City by HUD's Community Planning and Development (CPD) division. As a recipient of these funds the City is required to prepare a CAPER at the end of each fiscal year. The City has prepared this CAPER for the recently completed 2012- 2013 Program Year, which began July 1, 2012 and ended on June 30, 2013. A. Thi ide yea Pla Iov the 1. ExH Cor 20] In req and sev per 2. Tab rep HOI ESG acti report period.' !ss and °d five- Dated e City's during 0 -2014 cluded n that goals !d that to this >- -2013 17,724 WA or °ligible o - ..,. ng the 6 Other than the CDBG program, HUD's Integrated Disbursement and Information System (IDIS) does not allow the City to accrue HOME, HOPWA or ESG expenditures at year -end. IDIS is a national accomplishment and financial reporting system that the City must use to report planned /actual accomplishments and the expenditure of federal grant funds. IDIS expenditure reports for HOME, HOPWA and ESG funds may include expenses accrued from the prior report period and may exclude some 2012 -2013 expenses. 06/11/2013 7 19E -15 Finally, Table 4 provides a summary of "Resources" made available during the report period - including non -HUD funds. This table compares the source and amount of funds the City "Planned" to receive during the 2012 -2013 report period versus the amount actually received. TABLE 4 - 2012 -2013 PLANNED VERSUS ACTUAL RESOURCES Community Development Block Grant (CDBG) $5,680,480 I $5,680,480 CDBG Program Income $0 $71,467 CDBG Prior Year Program Income $X <230 CDBG Reprogrammed Funds $660,000 $16,649 HOME Investment Partnership Program (HOME) minority ,117 American Dream Downpayment Initiative' AIDS Initiative 0,160 HOME Program Income $X $170,724 Emergency Solutions Grant (ESG) $X $538,354 ESG Prior Year TOTAL $0 Housing Opportunities for Persons With AIDS f - - -� -,18 $1,548,618 Housing Opportunities for Persons With P _ �p $X 3 - - 8,999,669 - :— the City requested an extension to 9 /9/12. Santa Ana Redevelopment Fund - - $0 $X Cal Home a $660,000 $16,649 Ryan White Part P minority AIDS Initiative — - �I ing) $X $X 5UBTOTAL $X $X TOTAL $X $X 1. No new period; however the City did utilize prior year funds to carry out activities during 2012 -2013. 2. Anticipated — ,.,, a committed duringthe 12 -13 report period. 3. Prior Year Allo - :— the City requested an extension to 9 /9/12. 3. Progress TowlWiling Goals and Objectives As previously indicat d, EXHIBIT 4 provides a summary of the City's progress toward meeting five - year goals. Since 2012 -2013 was the City's third year of the 2010 -2014 Consolidated Plan cycle, it is reasonable to set a 60% goal attainment rate as a test for program progress (i.e., at the end of three years programs should have already met approximately 60% of respective five -year goals). 08/11/2013 8 19E -16 Housing Program Goals At the end of 2012 -2013, HOME- funded housing goal for renter units has met 25.7% of five -year goals (five -year goal of 175 - 45 assisted after three years). No rental units have been assisted with CDBG funds (five -year goal is to assist at least ten units). With respect to accomplishments for owner - occupied housing activities, after three years of efforts 50.9% the five -year goal has been met (planned assistance for 108 units; 55 assisted). Overall, after three years the City has met 35.3% of its five -year Consolidated Plan housing goals for the use of CDBG HOME funds. It is important to note when Redevelopment funding is included, the City ha of its five -year housing goals (planned assistance for 293 units 210 completed thro 2012 -2013 report period). Unfortunately, due to State legislation, redevel q down. Only those projects already under contract will be completed. With respect to the incomes of assisted units, data in programs are not focused on one income category' and Moderate - Income groups. Conversely, th- focused on households with incomes below for the latter accomplishment is the C assisting households at the lowest inc, resources committed for rental hr # Organizations (CHDOs) The opportunities for househo accomplishment inform` 'Ted housing all three Low- ns have primarily The primary reason :d housing resources on n income). The majority of mu nity Housing Development h=is to create affordable housing eery Low - incomes. Detailed housing As previously statF _ ally identified in the City's Consolidated Plan has r e been lost. T' = governor took action in late 2011 to eliminate redevelop - ornia. In addition to funding significant non - housing improv ere a significant funding source for affordable housing finance project /program funding, the City lost significant resources for staffing. _ pity to see to completion certain projects that had enforceable agreements ce completed all redevelopment activity will cease. The loss of redevelopment tedly have an impact on the City's ability to meet Consolidated Plan goals. While the City dealt with the loss of redevelopment funding, it was able to utilize ADDI and Neighborhood Stabilization Program (NSP) resources to assist qualified households purchase homes. NSP regulations allow the City to assist households with incomes up to 120% of the area median income. During the report period, City also used ADDI funds (a sub -fund of the HOME program) to assist one household purchase a home. NSP funds were used to assist with the acquisition, rehabilitation and the resale of eight housing units. 08/11/2013 9 19E -17 Homeless Program Goals With three years of homeless assistance accomplishment data it is now possible to begin measuring if the City is on track to meet five -year goals established in the Consolidated Plan. After three years of program efforts it appears the City will meet or exceed Consolidated Plan goals for transitional housing having so far assisted 212 individuals (five -year goal is to assist 350 individuals). Conversely, based on three years of program efforts, the City is off pace to Consolidated Plan goals for homelessness prevention services, emergency housing, and per using. Exhibit 4 provides information regarding these homeless program efforts in tab nn feedback from homeless service providers, the primary reason program ongoing economic recession. Current program participants are requiri �riod of time. As a result, many clients have remained in pro ed thus reducing the number of clients agencies can assist. ntinue for some time. With a local unemployment rate of 9.895 's with little or no work experience to obtain jobs that pay a livah' Community improvement Program Goals With Fiscal Year 2012 -2013 program a" infrastructure and public facility im the City completed a total of ' improvements). In additio projects at various completed during the Finally, (see Ex eet and exceed both pubic als. During the report period projects (parks and senior center .e City had another 11 street and park provides more details regarding project _es also appear to be on track to be met or exceeded 7 Source: "Monthly Labor Force Data for Cities and Census Designated Places (CDP)" June 2013 Preliminary Data Not Seasonally Adjusted," State of California Employment Development Department, July 19, 2013. 08/1112013 10 19E -18 B. AFFIRMATIVELY FURTHERING FAIR HOUSING Santa Ana participated in the preparation of a regional Analysis of Impediments (Al) to Fair Housing as the primary means to affirm fair housing opportunities in the community. The regional AI was a joint effort of the Fair Housing Council of Orange County (FHCOC), the County of Orange, and Orange County jurisdictions that receive funds from HUD. HUD regulations require that an Al be prepared in conjunction with the Consolidated Plan cycle (i.e., at leatst, five years). The current regional AI was updated in 2010, and covers the time period o -aars 2010 -2011 through 2014 -2015. The AI identified impediments to fair housing choice on a regional partners implemented to overcome identified f with federal regulations, the following information is pjW the report period to affirmatively further fair housin 1. As a means to affirm fair housing oppo an action plan to address impedimen' delineated in the Al were present Housing Discrimination: Ho of complaints may not of available data in color (20 percenO .egies npliance n during . mpediments and outlined 3t all of the impediments ;yver reported, therefore, the number chis fair housing impediment. A review =d to disability (35 percent), race and Real Estate Ar d t ' s to w « pnn a vertisements for the sale /rental of a dwelling th ,tion or discrimination based on race, color, religion, sex, #cestry, familial status, disability, sexual orientation, or so ant data (online and newspaper print ads) found about 8 pe language. The overwhelming majority of the questionable langu = riich occurred in 14.8 percent of the ads. Other questionable language nurch /school." Hate Crimes: ime is defined as "a criminal act committed, in whole or in part, because of one or more the following actual or perceived characteristics of the victim: disability, gender, nationality, race or ethnicity, religion, sexual orientation, association with a person /group with one or more of these actual or perceived characteristics. Unfair Lending: This impediment refers to underwriting, marketing and pricing that discriminates because of income, race or ethnicity of the residents in the area where the property is located. Evaluation of 2008 Home Mortgage Disclosure Act (HMDA) data found there was disparities in loan approval /denial rates among racial and ethnic borrowers, in 08/11/2013 11 19E -19 Particular, Hispanic applicants have higher loan denial rates than White, Non - Hispanic borrowers. ■ Zoning Policies and Practices: Federal and state fair housing laws require all local governments to affirmatively further fair housing opportunities. One way is to make reasonable accommodations in building, land use, and housing when necessary to afford disabled persons an equal opportunity to use and enjoy a dwelling. 2. Actions to Overcome Identified Impediments During the 2012 -2013 report period the City undertook the folio c own or in cooperation with regional partners) to overcome the impediment lentified in the regional Al. Santa Ana contracted with FHCOC to provide co forcement programs to City residents. Actions taken during the ed: Fair Housing Community Education — During ed in 50 education and /or outreach activities, reaching a c ' udience, in which we made participants aware of fair hous' vices, including those to help them improve their readiness_` _ • Fair Housing Enforcement — using discrimination complaints that resulted in the open ses involved the City of Santa Ana. • Housin Dis ute Ev _- activities provided by FHCOC included assisting appro regional- households. Of these 811 unduplicated On a regional basis, FHCOC conducted 114 paired, or I inatory housing practices. These were split betwi — " ate brokerage transactions and 74 rental housing • FH ing discrimination complaint reporting tool that generates an used for other non - discrimination and housing - related issues. FHCO =ant to make substantial improvements to the website including upgrades differentiate between discrimination complaints and to help process investigation ve complaints more efficiently. On an occasion asis FHCOC monitored advertising of Orange County rentals listed on Craigslist for discriminatory content. Discriminatory advertisements were either flagged as prohibited, responded to in order to inform the poster of possible discriminatory content, brought to the attention of Craigslist via abuse@craigslist.org , or referred to FHCOC's investigators for possible enforcement action. Other on -line rental sites (e.g., Los Angeles Times, OC Register, Penny Saver) were sporadically monitored. Problematic postings indicated restrictions with regard to children under the age of 18 or improper preference for seniors or 08/11/2013 12 19E -20 'older adults' for housing opportunities that did not appear qualify as housing for older persons (age 55 and over). • An analysis of calendar year (CY) 2008 Home Mortgage Disclosure Act (HMDA) Data was presented in the Regional Al. At the time that analysis was begun, CY 2008 data was the most recent data available. 2011 CY data will be available in September 2012; however, FHCOC budget and staffing constraints have prevented an analysis of the newer data. FHCOC will endeavor to analyze of some basic aspects of this data in 2013 -2014 and 0th 'th 2008 data. • During 2012 -2013, FHCOC was active in efforts intended to prornmr, affordability within Orange County. FHCOC provided services and /or outreac involved in the creation, preservation or facilitation of affordable housi included the Kennedy Commission, Mental Health Association vices Foundation, Affordable Housing Clearinghouse, Jambor . County Congregations Community Organizations, and Oran A, rporation. FHCOC also provided HUD - funded housing couns, d homebuyers understand ways to access greater housing ch In response to the recent increase o specifically counsel distressed borrow preserving or achieving housing lower- income minorities and it more than 1501 j federal funding to voiding foreclosures and oIds that were served were HCOC provided counseling to - t and foreclosure during 2012 -2013. ;..sieved homeownership, which helps "zntion activities assisted individuals with ns with documents (often all prepared in om what they believed or were informed they n a full understanding. Program materials were as resources allowed. • DVpritten s� FHCOC continued to offer fair housing training sessions th _rnment staff. In the 2013 -2014 Fiscal Year, FHCOC will send no'h rmation regarding available training. City staff that attend the trtion of their attendance. • Th fair housing related materials in English, Spanish and Vietnamese to ther service providers. FHCOC also undertook specific outreach efforts to immigrant populations in low- income neighborhoods. It is estimated that countywide, more than 800 limited English proficiency households were served during the past 12 months. FHCOC also continued to implement activities under a Fair Housing Initiatives Program (FHIP) grant. These program efforts specifically targeted fair housing services to immigrant communities, especially immigrants with limited English proficiency. Program efforts included a fair housing testing program that sought to involve members of immigrant 08/11/2013 13 19E -21 populations with limited English proficiency, both for purposes of enforcing fair housing laws as testers and as a vehicle to increase outreach to those populations. As part of the Fair Housing Action Plan developed in conjunction with the Regional Al, FHCOC provided technical assistance to cities that had identified public sector impediments in the following areas: • Family definition inconsistent with fair housing laws • Lack of a definition of disability • Lack of a reasonable accommodation procedure • Lack of zoning regulations for special needs housing • Lack of a fair housing discussion in zoning and planning do • Compliance with HUD AFFH requirements A414 08/11/2013 14 19E -22 above housing y other 3nce to C. AFFORDABLE HOUSING 1. PROGRESS IN MEETING SPECIFIC OBJECTIVES FOR PROVIDING AFFORDABLE HOUSING: Respectively, EXHIBIT 3 and EXHIBIT 5 provide overviews of the City's efforts to meet five -year and one -year affordable housing goals. Below, is a summary of specific housing accomplishments during 2012 -2013 report period utilizing all available funding sources (i.e., COBG, HOME, redevelopment, etc.). Tables 5 through 8 also provide a comparison of pla Five -year goals and actual five -year accomplishments. TABLE 5 23 Units * 101 The SAHA TABLE 7 8711 0 Units Renter Owner • ADTI funded unit. 08/11/2013 * 115 Units -- 1%. 21 Units 40 Units Gl Tall TER 3 YF =I R GOAL, TER 3 Yi Low - Income tenant households during the report period. 4 Units E 1 Units L6 Units 15 19E -23 1 Units Renter & owner households with incomes over 80% of area median income: TABLE 8 0 Units 1 0 Units 1 0 Units Renter NA 0 Units NA Owner NA 1 Unit During the 2012 -2013 report period, the City continued to rehabilitation and resale of foreclosed properties. Eight u period; _ of these units were purchased by household of the median income, _ households had incomes and _ had incomes between 100% and 120°/ acquired and rehabilitated and is currently in accomplishments have not been incorporated In addition to the housing accomplish HIV /AIDS were assisted with report period. These HOWPA a ;; 2. HOUSEHOLDS ASSISTED OWNERSHIP —� In February 1998 housing per Sr -- HOME In to the housin subject to "ith the ,port ,ind 80% income, property was nomebuyer. NSP households living with during the 2012 -2013 into the tables above. JFAFFORDABLE HOUSING FOR RENTAL AND HOME HUD that provided a definition of affordable ston-Gonzalez National Affordable Housing Act (the €._:- memorandum directed HOME Participating Jurisdictions R the definition of Section 215 rental and homeownership 92.254 respectively). In summary, Section 215 housing is • All HOME- occupied units are subject to maximum rents, property standards and resident part) egulations. Other HOME requirements found in 24 CFR 92.252 must also be incorporated I o respective rental housing home agreements. All owner- occupied housing units purchased with HOME funds must be a primary residence and are subject to a maximum purchase price and resale provisions. During the 2012 -2013 report period one homebuyer was assisted with ADDI funds — ADDI- assisted units are subject to HOME Section 215 housing subject to 24 CFR 92,254. While not completed, all rental units assisted with HOME funds during 2012 -2013 are subject to 24 CFR 92.252. 08/11/2013 16 19E -24 I SUMMARY OF EFFORTS TO ADDRESS "WORST -CASE HOUSING NEEDS" HUD has defined worst case housing need as Low - Income households who pay more than 50% of their income for housing, live in seriously substandard housing, are homeless, or have been involuntarily displaced. Santa Ana's 2010 -2014 Consolidated Plan identified 11,292 Santa Ana households that pay more than 50% of their income for housing. The 2010 -2014 Consolidated Plan also estimates that 22,656 housing units in the City are in substandard condition (i.e., either overcrowded or have incomplete plumbing or plumbing facilities). A To address these "worst -case housing" needs the City supported the • The Housing Authority of the City of Santa Ana provided r households in the community. During the report period, housing vouchers, valued at over $28.5 million for the f' • During the 2012 -2013 report period, the City utilize with the development of 110 rental- housing uni* via local redevelopment. All of these units income households for 55 years. • Th C' activities: income with fit) to assist ,Its was funded rfordable to lower e Ity also continued to utilize C ctive Code E f program. During the report peri complaints, resulting in the Is 1,673 citations involving 2,R' valuation of imorovem activity exceeded Homeless indivis Determining t' n orcement M staff responded to 2,581 ns, 19 notice and orders, and e-family and 471 multifamily). The directly linked to code enforcement experience "worst -case housing" needs. City is difficult at best. The City's 2010 -2014 less reside in the City. The County of Orange if and at -risk) individuals reside in the region. During the ha continued to support numerous activities to meet the These activities are discussed in detail in the Continuum of 4. SUMMARY OF E DRESS HOUSING NEEDS OF PERSONS WITH DISABILITIES The housing needs individuals with disabilities were also addressed through various means during the report period. • The City's housing rehabilitation programs are designed to respond to the needs of individuals with disabilities and limited mobility needs. Wheelchair ramps, wider doors, grab bars, and lower counter tops are examples of eligible property improvements for persons with disabilities or with limited mobility. Two owner occupied housing units were rehabilitated with HUD funds during the report period that included "accessibility" improvements. 08/11/2013 17 19E -25 • With respect to rental housing units the City required property owners to comply with Fair Housing Act regulations to ensure reasonable accommodations in rules, policies, practices and /or procedures when necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. • During 2012 -2013, construction of Vista Del Rio was nearly completed. This 41 -unit rental housing project is specifically designed for persons with disabilities. The project is will be reported during the next report period. • The Mental Health Association of Orange County assisted 2883 chro ' less individuals with outreach and treatment services. Outreach included referra ,using. • Mercy House provided emergency shelter (during cold /wet lividuals, most of who are chronically homeless and may also suffer 'ance addiction. • Housing services were also provided to persons wi nsidered a disability or special need. Forty -seven hour, ig -term rental assistance. Additionally, 82 individuals benef' clonal housing and 118 accessed emergency housing and horr 06/11/2013 18 19E -26 D. CONTINUUM OF CARE NARRATIVE HUD has placed significant emphasis on addressing the needs of the nation's homeless through a Continuum of Care system. A Continuum of Care (CoC) is a comprehensive and coordinated housing and service delivery strategy that responds to the different needs of homeless and at -risk individuals and families, and helps them attain self- sufficiency. As a recipient of CDBG, ESG and HOPWA funds, Santa Ana supported numerous public and nonprofit agencies that reach out to the homeless, bring them into the system of care, and facilitate their ent toward self - sufficiency. Actions undertaken during the 2012 -2013 report period ar Plow. Detailed summaries of HUD - funded activities are also found in IDIS r d into this performance report. 1. ACTIONS TAKEN TO ADDRESS THE NEEDS OF HOMELESS PEF HOMELESS BUT REQUIRE SUPPORTIVE HOUSING (INCLUDING Santa Ana provided CDBG, ESG and HOPWA re, homelessness prevention, emergency shelter (including outreach) as a means to imp report period the City of Santa Ana F provided supportive housing for home' Victims of domestic violence ' °= House and Women's Trar emergency housing for Emergency Shelter - persons during r,n Laura's Hous, r ARE NOT .It agencies for upportive services During the 2012 -2013 k ithfollowing agencies that ith special needs: options, Interval House, Laura's crisis intervention services and .aims of domestic violence. drgency shelter for chronically homeless ated above, Human Options, Interval House, shelter and support services for victims of aomestic id safe housing • Trans! t== 3rovided supportive services and transitional housing for ho rcy House, the Villas, and Wise Place provided transitional ho Y't for a variety of homeless populations including single men, single hildren, and persons with HIV /AIDS. • Permane ousing — ESG funding for Rapid Re- housing was provided to several agencies that ividuals with special needs. These include Grandma's House and Interval House (serving ims of domestic violence). The SAHA earmarked ten housing assistance vouchers to a local shelter provider to assist clients graduating from transitional shelter to access permanent housing. • HIV /AIDS Housing — 47 households living with HIV /AIDS were assisted with tenant based rental assistance funded with HOPWA resources. HOPWA funds were also utilized to assist 82 individuals with transitional housing, 48 individuals with emergency housing assistance, 70 with homelessness prevention assistance, and 456 with various supportive services (including housing coordination and housing placement services). 08/11/2013 19 19E -27 ■ In response to changes to the ESG program mandated by the HEARTH Act, the City also supported chronic homeless outreach programs. Programs included those offered by the Mental Health Association of Orange County and the Santa Ana Police Department. 2. SUMMARY OF ACTIONS TAKEN DURING THE PROGRAM TO DEVELOP A CDC STRATEGY: Specific actions undertaken during the report period to assist the homeless through a system of care included the following: a s C. Q e. Actions taken to prevent homelessness - Santa Ana provided n meless service providers with ESG funds during the report period in order to z Santa Ana residents from becoming homeless. On a countywide basil `ilized to assist 70 persons with HIV /AIDS from becoming homeless. Actions taken to address emergency shelter — ESG fu ergency shelter and supportive services for the City's home re assisted during the report period with ESG funds. Grant ,iperating costs for emergency shelter programs and to pry homeless. On a countywide basis, HOPWA funds we with HIV /AIDS with emergency shelter and supportive sery 1W aum,n cu uuuw uuuress Lranswo . _ __ sed to provide transitional housing opportunities for 39 Sas = x 2 individuals were assisted with HOPWA- funded transitional' =_ice f ing the 2012 -2013 report period, Actions taken to transit' _ .isina: Providers of transitional housing are the key to pre ificiency and movement into permanent housing. During * _ E funds were utilized to specifically provide permanent he ESG funding was provided for Rapid Re- housing _ activities t� ds with access to permanent housing enriched with suppor a. nk_ ked ten rental assistance vouchers to assist transitional sh housing. On a regional basis, HOPWA resources were utl access and maintain permanent housing with tenant based funds such ds ®' r NOFA: Several homeless programs supported by the City of Santa Ana have an outreac omponent for special needs homeless sub - populations and the chronically homeless. These programs provide access to resources by referral and /or direct contact. These programs include: • Grandma's House, Human Options, Interval House, Laura's House and Women's Transitional Living Center - program efforts focused on victims of domestic violence. • WISE Place — served the needs of homeless elderly and young emancipated women. • Mental Health Association of Orange County, the Illumination Foundation and the Santa Ana Police Department worked directly with the City's chronic homeless population (i.e., 08/11/2013 20 19E -28 Santa Certif applic Care partic was r assoc outreach services), providing services and access to housing from a number of "street" locations throughout the City. Mercy House staffed the Winter Armory Shelter program, provided night -time shelter, meals, and referral services to individuals living on streets, parks, cars, etc. Orange County Health Care Agency - operated a proactive outreach program to assist homeless persons with HIV /AIDS living on the streets. A portion of this program was 08 /11/2013 21 19E -29 iIV /AIDS .s for .n NOFA nuum of staff to y Forum -id 2013 E. OTHER ACTIONS 1. ACTIONS TO ADDRESS OBSTACLES TO MEETING UNDERSERVED NEEDS According to the City's 2010 -2014 Consolidated Plan, Santa Ana's underserved include the elderly, disabled, youth, homeless, and very low- income households. During the report period, the City continued its efforts to address the needs of these populations. These efforts included the following: • The City continued support for housing for the elderly and frail eld ,using needs of seniors were met though various means: there are 944 senio lous senior housing projects throughout the City. The SAHA reports it pr o elderly households during the report period (plus an a olds). Additionally, Community SeniorSery provided daily ors and seniors congregating at the City's senior citizen cen • As the administrator of HOPWA funds, the City AO the Santa Ana Housing Authority and Orange County to r forms of emergency housing /utility assic' report period with homeless prever individuals with emergency housir long -term tenant based rental ' with HIV /AIDS are limited ^:� 3 identify permanent sup ,stance and other .e assisted during the iPWA funds assisted 48 ng; 47 households received Asing opportunities for persons Ana staff continued efforts to The 2010 -2014 Co - are 4,434 Santa Ana households with disabilities whoa quirements for handicap - accessible units are these individuals. een reluctant to undertake the construction of ,ss, the City continued to encourage developers and nits to meet accessibility needs, and ensured they Win.. viding for reasonable accommodations. As noted earlier in habilitated during the report period, included improvements to lobility. Additionally, the construction for a 41 -unit housing project s was substantially completed during the report period. onsolidated Plan data it is estimated there are 1,925 homeless individuals erous programs were funded with CDBG, ESG and HOPWA funds to assist The number of persons assisted during the report period is highlighted throughout this report. • The City's housing and public service programs provided substantial resources to assist the community's Extremely Low - Income residents. Accomplishments are highlighted throughout this document. Examples include housing rehabilitation and rental assistance, education and nutrition programs. 08/11/2013 22 19E -30 2. ACTIONS TO FOSTER & MAINTAIN AFFORDABLE HOUSING As in past years Santa Ana made an effort to leveraged federal funds with private, local Redevelopment, State, tax credit and bond funds in order to increase and preserve the City's supply of affordable rental housing. With the end of redevelopment, obtaining affordable housing resources will become more challenging; however, the City will continue to seek resources that can be used to further affordable housing opportunities. The City's owner- occupied housing rehabilitation programs have helped preserve housing units occupied by to come households. Furthermore, homeownership opportunities for Low- and Moderate -' nebuyers were available via the City's participation in the ADDI program and NSP. H I foster and maintain housing for persons with HIV and AIDS vention, emergency /transitional housing, and tenant based rental as ' „ the Santa Ana Housing Authority provided rental assistance v seholds. Participants in the Authority's Family Self- Sufficiency ( es on how to prepare for homeownership. Currently 43 fami" ,crow accounts with an average monthly deposit of $178. Cumin x156,148. 3. ACTIONS TO ELIMINATE BARRIERS TO AFFORDP" The 2010 -2014 Consolidated Plan Id development of affordable housing including the following: • Governmental constraints s __. controls (e.g., density and zoning restrictions, building co /off -site improvement, prevailing wage regulations, and AD= ,a • Market constrain* x _ and competition for land. Other constraints include limiter „ and the costs of construction. Available land in the City r - als that must be assembled for significant new constr costs and housing replacement requirements for re ISO presents barriers to the development of affordable ho —` • The re ;;hued to increase. Higher rents limited the ability of some lower income h tain decent and affordable housing. Households with no or poor credit history ely impacted. In an effort to mitigate these barriers the City of Santa Ana undertook the following actions during the report period: • Utilized public resources to fund the development and /or the acquisition and rehabilitation of rental housing units. This public assistance will result in lower rents for assisted units thus partially offsetting the impacts of some of the barriers listed above. Partnering with CHDOs helps ensures long -term affordability and maintenance of housing units. 08/11/2013 23 19E -31 • The City's Housing Authority conducted outreach to rental property owners to encourage participation in the rental assistance program. The Authority's staff also provided counseling to new /prospective tenants on the importance of building good credit history. Credit counseling was provided by the Consumer Credit Counseling Center, a local nonprofit agency. • While the City's Redevelopment Agency no longer exists, the City (via the Agency's successor) has been allowed to follow projects with enforceable agreements in place, to be completed. Phase 1 of the City's Station District was completed during the repor ad. Twenty -three newly constructed affordable rental housing are restricted to hous cxtremely Low - income, and 87 are restricted to Very Low- income households. loortunities will also be created by Habitat for Humanity of Orange Co 17 new homes on scattered sites. The latter accomplishments wi s the units come to fruition. 4. ACTIONS TO OVERCOME GAPS IN INSTITUTIONAL sTRUCTUP' gw The City worked closely with local institutions * - onomic incentives with neighborhood and community devel ,rts included building relationships with neighborhood associat% _ agencies, nonprofits, and educational institutions. The City a' r at enhancing coordination among various City departments. Examples of actions and ,od to overcome gaps and enhance coordination included t • The City s Workf ` =_ ;t '- sory board played a key role in developing employment r nta Ana residents. The WIA board is comprised of various = o` private employment, education, social services and gover 3oard's representation ensures that the community's wo _ ddressed through a variety of public and private resources. Thl s key community contacts together resulting in enhanced coordi =fiery and resource utilization. • The City p ie meetings to create the region's 10 -Year Plan to End Homelessness, Continuum o munity Forum, and the HIV Planning Council. Through this participation the City can ens barriers created by regional institutional structures that address the needs of the homeless and individuals with HIV /AIDS are identified and addressed through the coordinated use of limited funds. • The City sought to encourage home ownership opportunities to promote neighborhood stability. Even with a relatively low median purchase price of homes, homeownership remains 08/11/2013 24 19E -32 a challenge for households earning less than 80% of county median income. Recent increases in housing costs have exacerbated this situation.8 The sub -prime mortgage industry crash has also made it difficult for lower income buyers to qualify for a mortgage. In response to the corresponding increase in mortgage defaults and foreclosures Congress created the Neighborhood Stabilization Program (NSP). The primary objective of NSP is to stabilize neighborhoods that have been distres y abandoned and foreclosed properties. Between 2008 and 2009, the City rece NSP awards of $5,795,151 and $10,000,000. In Fiscal Year 2010 -1011, the Ci d NSP grant award for $1,464,113. During 2012 -2013, these funds were tate and subsequently sell eight housing units to qualified buyers. �rting system for NSP funds. Reports regarding the use of 5 _wed on the City's website at http: / /www.santa- ana.org /cd • The City linked rehabilitation incentives with co, orts, The City made resources available to existing or P iers to eliminate building code deficiencies. Once impr a supply of standard housing in the City. • Neighborhood residents were encr_ _ aration and implementation of neighborhood assessments `orhood Improvement Program provided the means to facil'= _ -- t members (i.e., District Managers) are assigned to one City. This staff is responsible for coordinating the im nmunity projects within their district and interacting with + '- ____ - =- :aK_. iations. This coordination includes working with other cit, }, operty owners, tenants, nonprofit agencies and the school u., 5• A - RESIDENTS INITIATIVES There of Santa Ana. 6. ACTIONS T ND REDUCE LEAD BASED PAINT HAZARDS Lead -paint hazar cally found in buildings constructed prior to 1978 —the year lead based paint was banned i Oe U.S. According to the Center for Disease Control and Prevention (CDC) approximately 250,000 U.S. children age 5 and younger remain at risk for exposure to harmful lead levels (i.e., blood lead levels greater than the CDC recommended level of 10 micrograms of lead per deciliter of blood (mcg -dQ). It is important to note that the CDC reports blood lead levels in children age five and younger has declined 89 percent between 1976 and 2004. The CDC reports B DataQuick News.com reports that at the end of June 2013, the median home sales price in Santa Ana was $385,000, an increase of 32.8% from a year earlier. 08/11/2013 25 19E -33 that this decline is largely a result of the phase -out of leaded gasoline and efforts by federal, state, and local agencies to limit lead paint hazards in housing. The County of Orange Health Care Agency (OC -HCA) collects statistics regarding the number of children age 16 and younger, with a blood lead level greater than or equal to 10 mcg /d L, i.e., the CDC "level of concern." Reports of elevated blood lead levels are obtained from the State, local laboratories and health care providers; however, OC -HCA stipulates that t ' not an all- inclusive list. County data also does not identify the source of the lead poisonin n to lead -based paint other sources of lead contamination may include clay pottery a The OC -HCA provided the following information (see blood lead levels living in Santa Ana: TABLE 9 -SANTA ANA CHILDREN WITH 131 In an effort to ac implemented a le: programs. regulations Ana in J sated ;90h ad exposure, the City of Santa Ana has d notification process as part of its housing to comply with HUD's lead based paint hazard in September 2000, and was implemented by Santa All owne ".-r habilitated during the report period that were constructed prior to 1979 we d paint hazards. If the inspection found potential lead -based paint hazards, the s rty was tested — the average cost per test is $450. Program staff indicates that proc s to comply with Title X has added approximately 30 days to the typical housing rehabilitation project, but more importantly, staff reports that at least some potential program participants may have chosen not to pursue City funds for rehabilitation because of the added cost of lead -based paint hazard mitigation. 7. ACTIONS TO COMPLIANCE WITH PROGRAM & COMPREHENSIVE PLANNING REQUIREMENTS $ MONITORING HUD has established specific requirements for implementation of the Consolidated Plan, Santa Ana has made every effort to ensure compliance with these comprehensive planning requirements. 08/11/2013 26 19E -34 Requirements include holding public hearings, public comment periods, and ensuring adequate public notification of these and other actions. The City has also made every effort to comply with all regulations for respective HUD programs. When needed, the assistance of HUD's Los Angeles office has been sought. H. ACTIONS TO REDUCE THE NUMBER OF PERSONS LIVING BELOW THE POVERTY LEVEL Santa Ana's anti - poverty strategy includes expanding housing opportur Low - Income residents, and coordinating public and private resource needs. Services and activities that were supported by the City durin • Housing rehabilitation, rental assistance, and creation of new via new construction and acquisition /rehabilitation activit • Homeless assistance including prevention activities, and access to permanent housing opportunities. AM with these activities. • Public safety activities to prevent gangs anr' adequate emergency response services • Public facility improvements to imr specifically for older and /or lower • Job training, job- search skills employment opportw • Food /nutrition progra • Youth recreation and gang and crime a' 08/11/2013 27 Irt service for their specific Icluded: -tunities nousing, blended poor and ensuring but more living in poverty with new ,youth living in poverty with alternatives to 19E -35 F. LEVERAGING RESOURCES 1. OTHER PUBLIC & PRIVATE RESOURCES OBTAINED TO ADDRESS NEEDS IN THE PLAN During the report period, the City of Santa Ana leveraged federal funds with various private and public resources. These resources included the following: TABLE 10 - 2012 -2013 LEVERAGING SOURCES Redevelopment Housing Set -Aside Private Funds CalHome= I TOTAL 1. Private represent the total "valuation" of property improvements ur 2. Prior Year A I location (Grant expires 9/9/11- requesting extension t, 2. LEVERAGING OF FEDERAL RESOURCES WITH 0' As demonstrated by Table 10, HUD fu, private and public resources. These implementation of activities to mr 3. MATCHING REQUIRI There is no match re every dollar spent a• and ESG prograr repor 08/11/2013 28 $0 $0 I the investment of other the City to assist with the program. HOME requires a 25% match for it match. Specific information regarding HOME respective narratives later in this performance 19E -36 G. CITIZEN COMMENTS The City of Santa Ana ensured it complied with its Citizen Participation Plan by providing the public an opportunity to review and comment on this annual performance report. A 15 -day comment period was held from August 5, 2013, through August 15, 2013. The Redevelopment and Housing Commission of the City of Santa Ana held the required public hearing to review this document on August 20, 2013. Notice of the comment period and public hearing was shed on August 5, 2013, in the following newspapers; • English: Orange County Register • Spanish: Lo Opinon • Vietnamese: Nguoi Viet News The "Proof of Publication" (Orange County Register o provided in EXHIBIT 2. 08/11/2013 29 19E -37 are H. SELF- EVALUATION HUD requires that the City evaluate its annual accomplishments by comparing planned activities versus actual outcomes, and evaluate if progress was made toward meeting Consolidated Plan goals. To assist with this evaluation, HUD has suggested the City should consider the following questions: 1. Are activities and strategies making an impact on identified ne Most activities funded with HUD and other public resources have period. The following are examples: • The use of public funds helped to expand and preserve to assisting 132 housing units during 2012 - 2013.9 The CikW the inspection of 2,001 housing units for code viola • The City's CoC system continued to address the region's homeless families and individuals. C during the report period included outr, emergency shelter, transitional housi• homeless with special needs (e.g, the report ck by ,rved via .a City's and the of care carried out ,elessness prevention, fusing. The needs of the sons living with HIV /AIDS, and the chronic homeless) we s COC system. These program efforts helped address prio ' consolidated Plan. Various programs, incl Act resources, addressed employment training and job pla `:ced Enterprise Zone and the City's business attraction and ret onomic opportunities to residents. In order to Mr mmunity, the City supported public services and public faci' fc services for lower income youth and seniors help stabili es such as recreation and nutrition programs. ccomplishments is one of the best means available to measure results of pro • The City did 42ass-sisted). ne -year housing goals for the 2012 -2013 program year (assistance for 42 units planne Specifically, the City met 78.6% of its owner - occupied housing program goals but did not meet CDBG /HOME- funded rental housing goals — in fact no units were completed during the report period. (Note: over 100 HOME- assisted housing units are under construction and will be reported during the next report period.) If NSP and 9 21 single - family owner occupied and 110 multi - family housing units were assisted during the report period. Additionally, 1 household received homebuyer assistance during the 2012 -2013 report period. Total does not include eight units assisted with NSP funds during 2011 -2012. 08/11/2013 30 19E -38 redevelopment- funded units are included, the City exceeded one -year housing goals (a total of 140 units completed). Several reasons exist that account for the City falling short of its 2012 -2013 housing program goals. These reasons include the following: • Several key program staff retired during the 2012 -2013 report period. Due to reductions in HUD funding and the loss of redevelopment, these positions have not b filled. The resulting increase in workload for the remaining staff has negatively impacted • The loss of redevelopment has stymied future housing progr -tie City has phased funding and construction of projects in order to mar' Phasing often results in project delays. • Many home owners still remain apprehensive of the c unwilling to encumber their home with additional debt. • In total, homeless service providers that recr' City exceeded planned goals for the 2012 -2013 report peric, • With respect to public services, durin activities funded with CDBG met planned goals. Combined, , ied goals (108 %). • As EXHIBITS 4 and 6 provides an ove mm unity improvement five - year goals. These activities m - - provements. It is important to note that in addition to ti- y improvement projects, 11 more projects were at variou -dtter accomplishments will be reported in subsequent CAPE Based on three -ye N&Wl of meet five -year goals. These activities include the following: using (project is underway but will not be reported until com '9ML g rehabilitation, services for the disabled and Low- and Moder d fair housing services. 3. Are mmm AIM- 2012-2013 is r the five -year Consolidated Plan cycle so it is now possible to better ascertain if five -y ill be met. During 2012 -2013 some activities did not meet planned one -year goals. These activities include: • Only 21 single - family housing units were assisted during the report period; the Action Plan called for 28 units to be assisted. • The City's fair housing services provider met 82% of planned annual goal 08/11/2013 31 19E -39 4. Barriers that have a negative impact on fulfilling the strategies and overall vision? The City encountered some barriers as it set out to implement its overall vision for community improvement; the most significant include the following: • Perhaps the greatest barrier or obstacle impacting the City's ability to implement its community vision has been housing costs. While the cost of home buying has become relatively more affordable, homeownership still remains a challenge for lower income households. At the end of June 2013, the median home sales price was $385,000. The me ' home sales prices remains out of reach for lower income households. Additional t underwriting standards by lenders has also eliminated many buyers with to .¢final credit from obtaining a home purchase loan. Average rents have al ,ear. In July 2013, the average monthly rent for an apartment in S ty of Orange estimates that an individual earning minimum s /week to afford rent for a modest 1- bedroom apartment.] s continue to pressure the City to identify resources to a ameownership opportunities, especially for lower income ho, • Increases in transportation and material C, amount of money the City has to fund activities. The cost of y the transport materials have had significant impact on th,- tion projects and housing rehabilitation. • Municipalities throughout _ Y -W budget deficits that have forced reductions in personnel , ose budget shortfalls. City staff that manage HUD funds , budget pressures. State legislation that eliminated redevF significant barrier to carryout the goals and 5. lC programs delir . strategies and activities might meet community needs fie City's current strategies are anticipated at this time. 10 2013 Community Indicators, Orange County, May 2013. 09/11/2013 32 19E -40 I. MONITORING 1. Monitoring Activities On -going evaluation of the housing and public service delivery system is perhaps the most effective tool in detecting service gaps, problems, and for making appropriate modifications to ensure project /program compliance. Santa Ana has established a comprehensive monitoring program for its federally funded programs. • CDBG - All CDBG funded activities are required to submit periodic r City. City staff also has an on -site monitoring program to review subgrantee p of services, and grant administration compliance. • HOME - A comprehensive HOME project monitoring plan nted by the City. For rental projects, this plan calls for a r s, tenant eligibility and housing quality standards (HQS). s has also been implemented. • ESG - The same standards and procedures u*' ents are utilized to monitor agencies funded with ESG. • HOPWA - A comprehensive report the HOPWA program is prepared annually and submitter consolidated performance report to HUD. 2. Status of Grant Pri In addition to monitori of federal grant fundll forward as antici- spender of Cf'' the delav ' ` has been prudent at monitoring the status f7ft*he City's ESG and HOPWA grants are moving the City was identified by HUD as a slow `d in its workout plan to HUD, the primary reason for aLant amount of funding was allocated to public facility than anticipated to be designed, bid and constructed. As reported as completed during 2012 -2013, the City was able to ment by May 2013. During the 2012- ort period the City received notification from HUD that a portion of its HOME funds would recaptured because funds had not been committed within the required 24- month period. Subsequently, program staff took action to ensure the commitment of HOME funds by the deadline. ESG and HOPWA funds have been committed in a timely manner. Are any activities or types of activities falling behind schedule? As previously discussed, most activities are moving forward on schedule. Staff has developed a strategy to address slower moving activities. 09/11/2013 33 19E -41 . Are grant distributions timely? No major delays in the distribution of funds have been encountered. Do actual expenditures differ substantially from letter of credit distribution? Except for CDBG, IDIS does not allow the City to accrue expenses after the end of a program year (June 30) even though the expense was incurred prior to June 30. This characteristic of IDIS is inconsistent with established public sector accounting practices. ZDuring repo rt period, the City's Finance Department and Community Development Agency measis in an effort to ensure that Letter of Credit balances and the City's books remaine 08/11/2013 34 19E -42 IV. CDBG Narrative Statements A. ASSESSMENT OF RELATIONSHIP BETWEEN USE OF CDBG FUNDS AND PRIORITY NEEDS, GOALS AND SPECIFIC OBJECTIVES IDENTIFIED IN THE CONSOLIDATED PLAN The following narratives provide an overview of the City's actions during the report period demonstrating the relationship between the expenditure of CDBG funds and efforts to address priority needs, goals and objectives identified in the 2010 -2014 Consolidate 1. RELATIONSHIP BETWEEN CDBG EXPENDITURES & HIGHEST PRIORITYACTIVITI The City's 2010 -2014 Consolidated Plan identified several hI red for implementation as a means to address priority housing and eport period, the City allocated substantial resources to meet t activities such as street and park improvements, youth and seni and code enforcement. EXHIBIT 6 provides a summary of 2r c address high priority needs. EXHIBIT 7 (CDBG ACTIVITY SUMP dditional detailed expenditure and accomplishment data. 2. CDBG FUNDS USED TO MEET AFFORDAB -- Twelve housing units were rP during the report period. Accomplishments of these hour TABLE 11 - CDBG Single -r �; - . $26,125 Rehabilit` ` 4z $61,911 In -kind $88,036 Donations CDB Re 0 $0 $0 $0 CDBG fund) ied during the report period for senior center improvements, park improvements nstruction of streets in Low- and Moderate - income neighborhoods. These public impro is represent a critical investment in the revitalization of neighborhoods. 3. LOWER INCOME BENEFICIARIES CDBG funds may be utilized to meet one of three national objectives: 1) elimination of slums and blight; 2) urgent need, or; 3) benefit low- and moderate - income persons. Based on information reported in the CDBG FINANCIAL SUMMARY REPORT (EXHIBIT NO. 7), 100% of Santa Ana's CDBG funds were spent to benefit Low- and Moderate - Income persons and households. 08/1112013 35 19E -43 • During the report period, the City funded public service programs with CDBG funds that benefited HUD - defined presumed beneficiaries (e.g., elderly). For these program clients, income documentation is not the basis for program eligibility but rather the fact that they meet HUD's definition of a presumed beneficiary. For programs not serving presumed beneficiary clientele, the City required providers to obtain and document household size and income data.11 The City conducted on -site monitoring of service providers to review the mechanism for determining program eligibility. The City also conducted spot checks o during monitoring visits to verify the accuracy of data and information of clients. • Public facility improvement projects were limited to HUD targ HUD target neighborhoods have been Identified by the U.S. Census Burea - sidents with incomes at 80% of median income or less. EXHIBIT s the City's CDBG Target Areas utilized during the 201 • During the report period the City continued homeless households as identified in the 2010 -2 • The community development needs of lowr the report period. Substantial resourc located in the City's Low- and Moder-_ undertake several street improv, These projects will have a posit needs of 1%�_ i addressed during A on upgrading parks t:DBG funds were used to BG- eligible neighborhoods. %Kr Santa Ana's residents. • Approximately $1,300,000 rcement activities. This program provided building and ,orcement throughout the City's CDBG- eligible areas to ens - .na Municipal Code and also to ensure that health and safetv eteriorating areas. CDBG funds are utilized to pay for a port - _ _ _ d enforce this program in target neighborhoods. • The City % -eds of the community. During the report period, servic �= is. Youth services included education and after - school re me delivered and congregate site meal programs served 1, Block grant funding was also provided for homeless outreach and ga „ B. CHANGESIN PR JECfIVES No changes in progr objectives were entertained or implemented during the 2012 -2013 report period. • Pursuit of all resources the grantee indicated it would pursue: Pursuant to the 2012 -2013 Annual Action Plan, the City sought a variety of funding sources to support efforts to address The City requires that the validity of this information be confirmed by the service provider through an Income verification process or through client self - certification. 08/11/2013 36 19E -44 priority housing and community needs. These resources (planned versus actual) are summarized below. TABLE 12 - 2012 -2013 PLANNED VS ACTUAL RESOURCES CDBG $5,680,480 $5,680,480 CDBG Program Income $0 $71,467 CDBG Prior Year Program Income $0 $230 CDBG Reprogrammed Funds $0 �0 HOME $1,228, 117 HOME Program Income e HOME ADDI 1 HOPWA HOPWA — Prior Yr ESG 8,354 ESG Prior Year $0 Housing Vouchers (Sectlon 8) $XX Workforce Investment Act ADAM $XX Redevelopment $XX CaIHOME Z _ $16,649 Private 3 " —`-y 'r t?., $660,569 1. ADDI funds were not away 2. The City was awarded $90 during FY 12-13 3. Actual represents value of - -- (ear allocations to assist 1 homebuyers .riod. A portion of these funds were still available from code enforcement actions • Program Inco 7""'0ed CDBG program income totaling $71,467 during the report nd commercial rehab loan repayments. These funds were _ _. -. -_'CDBG activities. The City did not undertake float- funded ac come from the sale of real property. Finally, the City did not adj �ided loans. Support C Consistency for HUD programs: In the 2012 -2013 Action Plan, the City certified that d provide support for HUD program applicants in a fair and impartial manner. During the report period the City received a request for certification for HUD programs from the Santa Ana Housing Authority pursuant to the submission of its Annual PHA Plan. The City received no requests for Certification of Consistency with the Consolidated Plan from applications for 2013 HUD homeless funds. Consolidated Plan Implementation: The City did not undertake actions that hindered the implementation of the approved Consolidated Plan or the 2012 -2013 Action Plan. 09/1112013 37 19E -45 Furthermore, the City of Santa Ana did not undertake activities that required the acquisition or demolition of real property. Economic Development: The City did not undertake CDBG- funded economic development activities during the report period. If CDBG funds had been expended for such activities, additional reporting would be provided that outlined the actions taken to ensure jobs created by such activities were filled by Low- and Moderate - income individuals.. The City utilized other resources to expand economic economic development activities undertaken during 20: State Enterprise Zone: The Enterprise Zone is desigr generation by offering tax credits. Qualified busi amount equal to the amount of wages paid to are provided to employers who hire low -N, long -term unemployed persons. A bus' qualified employee. A total of 2,98 ' the 2012 -2013 report period. awarded a new 15 -year Enter, expanded its Zone in 2009 f - -- Investment Board Non -HUD djob es by an mg credits" _nts, laid -off, or in tax credits per ah these efforts during a's Enterprise Zone was effective June 2008 and Ana WORK Center and Workforce mployment Development Department, =iServices Agency connect the community's ent. Services include job search assistance, arket information, vocational training, On -the- viding access to computers for job search and job .3, approximately 13,978 job seekers received job fairs were hosted, and 64 hiring events were Bu ` "i0n: The City also provided economic opportunities for residents throu ms including the Business Retention /Attraction program. Program staff esti 343 jobs were added or preserved during the 2012 -2013 report period. Unfortunatel due to the disestablishment of the Redevelopment Agency, funding for business attraction and retention program were greatly diminished by 2013. Economic Development staff continued to target top sales tax producers for retention visits and monthly monitors the largest businesses in the city for any changes that would cause them to relocate out of the City. Medtronic, Inc., a global leader in medical technology with over 250 locations worldwide, expanded their existing facility at 1851 E Deere. A $4.8 million 9,429 square foot building has been constructed to link two existing buildings to create more office and manufacturing space at the site. Demolition of a portion of the building 08/11/2013 M. 19E -46 was completed to allow for additional parking and landscape areas. Economic Development Staff also assisted a longtime company Coast Composite with their move of its composite manufacturing operations from Anaheim to Santa Ana. These operations will already join existing Santa Ana operations and will add over 50 well - paying jobs to the community. As they will be spending over $2 million in investment, the biggest reason for their relocating was an Enterprise Zone tax incentive that allowed them to take a sales tax rebate on new machinery used in the Zone. One of five inves projects that the Shenzhen government in China is working on to promote inter a and relations in the United States has been located in Santa Ana with assis 's Economic Development Division. With the rapid development of try, this project aims to attract Chinese jewelry retailers velry represents over 70% of the Jewelry market In Chi located in the Enterprise Zone and once tnants ar Nall will be educated on the advantages of the City's Er' �iopment Staff. Economic Development staff also uV' .es in facilitating discussions with the Planning, Fire, a to get this project off the ground. The Foreign Trade with the owners of the Jewelry Center and if desired of Long Beach to move a portion of the City's ForeiP- -- - Jewelry site. In the upcoming months, City staff will ;an Jewelry Center to assist in the attraction of tena J_ curing the 2012 -2013 report period, Economic Devel _ ;n over 100 companies to find a site in the City of Santa - - d a location and are currently doing business in the Citv • Mark e' Gaff was able to conduct its yearly Enterprise Zone w s_ - -s Santa Ana brokers to the Enterprise Zone program and n to prospective businesses looking to locate in the City. ,his event. Staff continues to meet with over 12 businesses m k nef its of the City's Enterprise Zone. Busm ner Support: Staff continues to meet monthly with the Chambers of Commerc ovide presentations on the various job- training opportunities, economic developmen centives and programs the City has to offer. These meetings provide a forum to discuss various business related issues and updates on the potential business legislation /new regulations that could affect its members. Having an open dialogue with the Chambers is a successful ingredient to promoting a strong, diversified and revitalized economy. With the loss of redevelopment tax increment support of Economic Development activities, partnerships with the local chambers will be critical to the success and implementation of essential pro- business programs and services for the City 08/11/2013 39 19E -47 The Economic Development Division also works closely with the City Manager and other City departments in an effort to present a unified, streamlined approach concerning development and business issues. The Division coordinates many of its programs with various organizations including the Orange County Business Council, Santa Ana Chamber of Commerce, State of California Department of Housing & Community Development, State of California Department of Labor, U.S. Small Business Association, local business association nmercial brokers, developers, financial institutions, and several other outside agenci Development Division staff have also attended and participated in more tha 'v meetings with local business associations such as the Small Business A County Small Business Development Center. These meetings he arnal organizations that assisted in obtaining a favorable ;onomic Development in Santa Ana. C. HUD APPROVED NEIGHBORHOOD REVITALIZATION ST' In January 1999, HUD designated the City ` (FEZ). The mission of the Santa Ana Emp community that fostered economic businesses. The SAEC's mission w;)- plans. These elements inclu _ _ 1-� safety, childcare, health, these strategies played In early 2009, the Cif December 2009, report period f' permanen Empowerment Zone .pas to build a sustainable lent Zone residents and outlined in its implementation placement, business development, _:reation, and arts /culture. Collectively, -- ` W'�Ion of the FEZ program within Santa Ana. Empowerment Zone Program would end in ing would be provided. During the 2009 -2010 ,ssary to close the program. The City's FEZ program jection 108 Loan nor did it apply for a 108 Loan Guarantee during 08/11/2013 40 19E -48 V. HOME NARRATIVE STATEMENTS A. ASSESSMENT OF RELATIONSHIP OF HOME FUNDS & CONSOLIDATED PLAN GOALS & OBJECTIVES Assessment of HOME Funds to Meet Highest Priority Activities The City used HOME funds to expand and preserve the TABLE 13- 2012-2013 HOME-ASSISTED HOUSING COMPLISHMENTS D . supply of housing affordable BY INC( CCHVIPLETr to Low- and Moderate- Extremely Low- Income 3 Units income households. During Very Low-income t the report period, HOME — Low- Income resources were utilized to assist both rental and owner TOTAL nits w No units were completed d , units were under units. Table 13 provides a construction and will be rer summary of Santa Ana's distribution of HOME fu, egories for housing activities undertaken during the report pen wing these activities is summarized in ExEiIBIT6. Progress Toward Meeting Affordat 'nds As demonstrated above, HOME oe housing units during the report period. EXHIBIT 9 provi Program Year 2012 -2013 housing accomplishments and e r goals. Progress Toward _r Income Persons As noted abo Ate their primary residence with HOME funds during 2012 -201 ed with prior year ADDI funds. While no HOME - assisted rental- wring the report period 101 HOME - funded rental housing units ., orted in subsequent CAPERS. EXHIBIT prove ata regarding Program Year 2012 -2013 housing accomplishments and efforts to meet t f Lower Income households. B. MATCH REPORT Recipients of HOME funds are required to match each HOME dollar spent during the report period. Typically, a HOME Participating Jurisdiction (PJ) is required to match HOME funds at a ratio of one non - federal dollar for every four HOME dollars spent (i.e. 25 %). The City was notified by HUD that for the 2012 -2013 report period its HOME match requirement was reduced to 0% because the 12 Total includes 1 household assisted with ADDI funding to purchase a home. 08/11/2013 41 19E -49 City's "family poverty rate" was 125% or more of the average national poverty rate, and the City's per capita income was less than 75% of the national average. Even though the City does not have a match obligation, a record of eligible HOME match has been maintained -the City has cumulatively logged over $15.4 million in HOME match through the 2012 -2013 report period (see FORM HUD - 4107A- EXHIBIT 10). C. MINORITY & WOMEN BUSINESS ENTERPRISES CONTRACTS & SUBCONTRACT The City is required to report HOME resources awarded to Minority Busi -ises (MBE) and Women Business Enterprises (WBE) via contracts and subcontract FORM 4107 (EXHIBIT 10) provides this information. D. ADDITIONAL ASSESSMENTS Results of On -site Inspections of Affordable Rental H IV As required by HUD, the City conducted on -site in, al housing units to ensure units met minimum housing standarr' Inual inspections of projects with 26 or more total units; inspe -ts with five to 25 total units, and inspections every three years !,a units. The City has an inventory of 23 N ='_ ain 501 rental units. During the 2012 -2013 report period a sa _ ed - the majority of units are owned and managed by CHDOs. inspected units passed initial housing quality standards ins °= — 4 V or corrections. Typical required repairs included replacing i, erable stove burners, and dirty carpets. One hundred sixty -se,_ ,re scheduled for inspection during 2013 -2014. Affirmat mu n_ R :� & Women Owned Businesses As a ME and CDBG programs, the City has adopted the following attirmat " "`7inority and women owned businesses: • List of - me public about federal fair housing laws and the City's affirmative marketing • Requirements ctices owners must adhere to in order to carry out this policy. • Procedures owners must use to inform and solicit applications from persons in the housing market area who are not likely to apply for the housing without special outreach. • Records that owners and the City will keep describing the actions they have taken to affirmatively market units and records to assess the results of these actions. ■ A description of how the City will annually assess the success of affirmative marketing actions and determine what corrective actions are needed. 08/11/2013 42 19E -50 Outreach to Minority /Women Owned Businesses As a participating jurisdiction the City has adopted certain affirmative steps to insure maximum feasible participation in HOME- and CDBG- funded projects by minority business enterprises, women's business enterprises, labor surplus area firms and other small businesses. These affirmative steps are listed below, and constitute the City's Minority Outreach Procedures and Requirements Program for HOME and CDBG funded projects. • The City will place qualified minority and women owned business en yes on solicitation lists. • The City will assure that minority and women owned busi -e solicited whenever they are potential sources. • The City will divide total requirements, when econom' .:s or quantities to permit maximum participation by uusiness enterprises. • The City will use the services and assistance ration and the Minority Business Development Agency of th, • Prime contractor will be required, if su�6— .,ove listed affirmative st The C be tab 08/11/2013 43 19E -51 if additional steps should VI. HOPWA NARRATIVE STATEMENTS A. Relationship of HOPWA Funds to Goals & Objectives During the 2012 -2013 report period the City of Santa Ana continued its efforts to implement strategies to address the housing and supportive service needs of individuals living with HIV /AIDS on a regional basis. As outlined in the Consolidated Plan, goals and objectives for HOPWA resources are established via a countywide assessment process sXse range County HIV Planning Council and managed by the City. Each year a plann' by the City to pr ioritize the use of HOPWA funds and to provide the City directi'neeting was held December 5, 2011. EXHIBIT4 provides summary goal attainm Progress Toward Meeting affordable housing goals us Addressing the lack of housing for individuals with HIV use of HOPWA funding. During the 2012 -2013 re, limited resources to provide both short -terr- assistance included one -time rent /utility payr type of assistance is critical to help stab' related to their HIV /AIDS. Longer -terr also provided to those individuals situation yet needed financial housing information servic funding. For homeles detox center resider efforts to meet 'goal for the cc utilize these dnce. Short -term tothree months. This N ergency or crisis situation 0%7ased Rental Assistance) was S that were in a more stable 1. Housing placement services and ..ie regions HIV /AIDS clients via HOPWA ,ergency shelter, transitional housing and EXHIBIT 4 provides a summary of the City's ant Based Rental Assistance) and short- . egions HIV /AIDS population. 08/11 /2013 44 19E -52 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ( HOPWA): ANNUAL PROGRESS REPORT— MEASURING PROJECT PERFORMANCE A. PART 1 -A: HOPWA EXECUTIVE SUMMARY GRANTEE AND COMMUNITY OVERVIEW 1. Descriptions of 2012 -2013 Activities: As the most populous city has administered the region's Housing Opportunities for Perso since 1993. During the 2012 -2013 report period, HOPWA variety of activities on a regional basis. These services incl • Supportive services and housing offered via contrajW Agency including: • Short -term emergency housing and /r • Transitional housing • Housing coordination service • Medical detoxification -bed Tenant based rental assistance Program administration 2. Grant management chosen: As the desie is responsible for the needs of ' Orange rer array 9W -NIIIIIIII member inty, Santa Ana OWA) funds loport a .Ith Care ,civities including how recipient was for Orange County, the City of Santa Ana While HOPWA funds are critical to meeting of the only resource available. The County of _sources for HIV /AIDS services. In order to ensure an .,.�e needs of people living with HIV /AIDS is provided, a Designed and charged with prioritizing the housing /service Jlation. The Orange County HIV Planning Council has been provided by the Ryan White Care Act - Santa Ana is a The City contra with the County of Orange Health Care Agency (OC HCA) for HIV /AIDS supportive housing services. (The OC HCA is the primary regional public health service agency.) In turn the OC HCA issues Request for Proposals (RFP) soliciting program proposals to meet the needs of the County's HIV /AIDS population. While the RFP process is open to all service providers, there are a limited number of qualified HIV /AIDS service providers in the County. During the 2012 -2013 report period the City awarded a contract for supportive housing services " Ryan White Care Act has established medical care as its priority. 08/11/2013 45 19E -53 to the OC HCA. Since the OC HCA has access to additional HIV /AIDS resources, it is positioned to leverage HOPWA funding and to ensure a holistic approach to serving persons with HIV /AIDS. The OC HCA subcontracted with several agencies that provided specialized services to persons with HIV /AIDS. The City ensured oversight of the County's contracting efforts by serving on the Orange County HIV Planning Council (the latter approves programs that are awarded HOPWA funds), During the report period, the City's Housing Authority administered the Tenant Based Rental Assistance (TBRA) program. Authority staff regularly moni tenant files and enforced Housing Quality Standards. 3. General Project Sponsor Information 1. 2. 3. Program: Contact Name: E -mail: Address: Phone: Website: Total HOPWA Project $: Nonprofit? Program: Contact Name: E -mail: Address: Phone: Website: Total HOPWA Project $: Nonprofit? County of Orange Donna Fleming, D ,270 intywide ing Specialist Santa Ana, CA 92702 Fax: (714) 547 -5411 Project ZIP Code: Countywide HOPWA Administration Linda Foster, Housing Authority Coordinator LFoster @santa - ana.org City of Santa Ana 20 Civic Center Plaza (M -27) Santa Ana, CA 92702 (714) 667 -2200 Fax: (714) 547 -5411 Santa - ana.org $46,459 Project ZIP Code: 92702 Yes 08/11/2013 46 19E -54 C. PART 1-B. ANNUAL PERFORMANCE UNDER THE AC11ON PLAN 1. Summary of Housing Activities a. Supportive Housing Activities: During 2012 -2013, the following supportive housing accomplishments were achieved through the expenditure of HOPWA funds: - 9 individuals received treatment via the Medical /Social model r ntial detoxification program 447 individuals were provided with supportive housing fo b. Housing Assistance for the Homeless: 70 individuals /families received short -term emer avent homelessness 130 homeless individuals received short- ransitional housing services. 47 individuals /families were provider' assistance c. Other housing activities: - NA 2. Progress Evaluation Overall, and especially in the or exceeded planned goals Homelessn, Permanent City of Santa Tenant Based Rental Assistance g, 2012 -2013 HOPWA projects met a accomplishment follow: Support Services 376 ASF Housing Placement ASFHousing Coordination Services ASF Housing Information Services Medical /Social Detoxification 08/11/2013 47 19E -55 Actual % 70 104% 130 108.3% 82 48 47 94% 453 125% 46 258 143 9 3. Housing Stability and Homelessness Risk Reduction The goal of the Emergency Financial Assistance, Short Term Rental Assistance, and the Housing Coordination programs is homelessness prevention and risk reduction. Housing Coordination also serves as a primary linkage service to care providers throughout the region Ninety -three of the clients leaving the General Population Emergency' Temporarily Stable housing situations (47% to Permanent Stable Temporarily Stable). Of the clients who received supportive housing for subs program, 29% successfully transitioned to permanent, in 4. Leverage and Housing Units Developed Two sub - contractors of the County of Orange HF approximately $ (ASF Orange County ar Since 1993, the City has utilized HO HIV /AIDS. Although the required 10 still only houses HIV+ clients, ar— unduplicated households / indi . TASTE 14— H0PWA left for Stable or 53% to House .1PWA funds by I .ing units for persons with tas passed, the development During the program year, 159 S. Projects in DeveMWental Stage The HIV /AIDS community through a regional strategic planning process has prioritized the development of permanent housing for individuals with HIV /AIDS. The populations that have been identified are the undocumented, ex- offenders, women with children, and people with multiple diagnoses (including the seriously mentally ill) as subpopulations who are often unable to secure housing stability within the existing HIV /AIDS housing continuum. 08/11/2013 48 19E -56 To attract a development partner, approximately $500,000 is required. HOPWA funds not allocated for housing support services and direct housing payments are set aside in a development pool, which is expected to reach the $500,000 level again in a few years. 6. Distribution Analysis The longer -term transitional and permanent housing units funded by HOPWA are scattered across the County of Orange including cities in the north (AnaheXcen anta Ana), wes t (Westminster) and south (Laguna Beach) portions of the couties which are individual -based (as opposed to unit- based), such as rental aswining, and housing coordination, are available to any qualified client regardle 08 /11/2013 49 19E -57 D, Part 1 -C: Barriers or Trends Overview A significant factor impacting accomplishment of HOPWA goals in Orange Count is the continued high cost of housing, which increases the size of subsidies necessary to make decent, safe and sanitary housing available to clients. An additional factor is the high unemployment rate which makes it extremely difficult for clients to obtain gainful employment, and in particular, employment offering health care benefits, Neither of these factors are within the power of the City to significantly impact. Othei TI TI TI TI TI fc 08/11/2013 50 19E -58 ring: prisons is housing E. PART II: ACCOMPLISHMENT DATA - CHART 1 (PLANNED GOAL) AND CHART 2 (ACTUAL) w ith HOPWAH I A ous ng ssistance, if money is spent on case management and employment training, outcomes must be reported in Access to Care and Support (See Chart 4-a), 2. Supportive Services NOT in conjunction with HOPWA Housing Ass stance: if money is spent on case management and employment tralring, outcomes must be reported In Access to Care and Support (See Chart 4 -c.). 3. Housing Placement Activities: if money is spent on housing placement activities In conjunctlon with HOPWA Housing Assistance, outcomes must be reported in Access to Care and Support (See Chart 4 -a); If not In conjunction Wth HOPWA Housing Assistance, outcomes must be reported in Access to Care and Support (See Chart 4 -c). 08/11/2013 51 19E -59 Out uts Households nopwa F Funding HOPWA Performance avvlaCann Nen -HOPWA Charts 1(planned goal) a a. b. i, e. f f. F Fg� a and 2 (actual) 1 Tenant -based Rental Assistance 1. T 2. U 3. U um ore households su Dirted 4. S Housing Development (Censtr,dlon and Stewardshlp c f faclllty based he 5. U housing planned) Stewardship (developed with HOPWA but no currentoperatlo 6. S housing subject to 3- or 10- year use agreements 7. A Total unduplicated number of households /units n _ - n n „ t 3 1 r %iyr ° ;� � F S r i i i ..w Supportive Services - Output Households '. 8. i il) Supportive Services NOT in conju 9. A Adjustment to eliminate duplica " - Total Supportive Services _- - 10, H Housing lnformat 11. P Resource Iden end develop housing assistance resources 12. R 13. G oversight, ccortllnatlon, portingl $ $46,459 14.. P Project Sponsor AdminlSir mum 7% of total) (i.e., costs for general management, oversight, coordination, evalu , and reporting) Total costs for program year 1. Supportive Services in conjunction w ous ng ssistance, if money is spent on case management and employment training, outcomes must be reported in Access to Care and Support (See Chart 4-a), 2. Supportive Services NOT in conjunction with HOPWA Housing Ass stance: if money is spent on case management and employment tralring, outcomes must be reported In Access to Care and Support (See Chart 4 -c.). 3. Housing Placement Activities: if money is spent on housing placement activities In conjunctlon with HOPWA Housing Assistance, outcomes must be reported in Access to Care and Support (See Chart 4 -a); If not In conjunction Wth HOPWA Housing Assistance, outcomes must be reported in Access to Care and Support (See Chart 4 -c). 08/11/2013 51 19E -59 F. HOPWA CAPER Chart 3 on Measuring Housing Stability Outcomes: Instructions: Please enter in column 1 the total number of eligible households that received the types of housing assistance specified. In column 2, enter the number of eligible households continuing to participate in each specified type of assistance (which might involve a temporary absence of not more than 90 days for treatment purposes, with an intent to return). In column 3, enter the number of households within each specified type of housing assistance who left the program during the program year by destination. If a household fractured during the program year, report only on the destination of the Individual that made the ho hold HOPWA eligible. Please refer to the destination codes that appear below this table for reviewing the sta ' using outcomes. Type of Housing Assistance Tenant -based Rental Assistance Facility -based Housing Assistance Short -term Rent, Mortgage, and Utility Assistance 08/11/2013 (1] (2) fiber of Households Number of Househ HOPWAAssistance 47 ,Prison) _ (Disconnected) _ 9 )Death) 1(EmergengShelter) 2(Tempora3(Private H 4(Other HOPWA) _ 5 (Other Subsidy) _ 6 pnstltutlan) _ 7 (Jall /Prison) 8(Disconnected) _ 9(Death) - useholds Of the Total number Households �Statusof STRN 4 Assistance Receiving STRMU Assistahcethis at the End What number of those households received STRMU Assistance in the prior operating year: What number ofthose households received STRMU Assistance in the two (2) prior operating years (ago): 1(Emergency Shelter) =X 2(Temporary Housing) =X 3 (Private Housing)' =X 4(Other HOPWA) =X 5(Other Subsidy) =X 6(Institution) ,Prison) _ (Disconnected) _ 9 )Death) 1(EmergengShelter) 2(Tempora3(Private H 4(Other HOPWA) _ 5 (Other Subsidy) _ 6 pnstltutlan) _ 7 (Jall /Prison) 8(Disconnected) _ 9(Death) - useholds Of the Total number Households �Statusof STRN 4 Assistance Receiving STRMU Assistahcethis at the End What number of those households received STRMU Assistance in the prior operating year: What number ofthose households received STRMU Assistance in the two (2) prior operating years (ago): 1(Emergency Shelter) =X 2(Temporary Housing) =X 3 (Private Housing)' =X 4(Other HOPWA) =X 5(Other Subsidy) =X 6(Institution) -X 7(Jall/PHSOn) =X 8(Disconnected) =X 9(Death) =X 52 19E -60 Beholds -ion Year G. HOPWA Outcomes on Access to Care and Support. a. Support In conjunction with HOPWA- funded Housing Assistance Instructions: Please report on the access to care and support for households receiving case management, employment training, and /or housing placement assistance (ONLY) that is In coniunctlon with HOPWA- funded housing assistance only (See Part 2, item 8 -i, SO and 11). Report on the household status at program entry (or beginning of operating year for households continuing from previous year) an gram exit (or end of operating year for households continuing services in the following operating ye hle individual living with HIV /AIDS accessed services. NuH mber °lobs .Category of Services Accessed -fits f4d* I. Hasa housing plan for maintaining or establishing stable on -going ,jssj'",'' ii. Had contact with a case manager /benefit counselor at least or N last three months (or consistent with the schedule specified it individualized service plan) ill. Had contact with a primary health care provider at three months (or consistent with the schedule spe Individualized service plan) - - iv. Had medical insurance coverage or mer' - v. Obtained an Income - producing to _ the year A Obtained an b. Incomr Instruc' - , ?ncome of households receiving case management, employment traln' _ Lance (ONLY) that Is in conjunction with HOPWA- funded housing as Monthly I Number of sidents contILL .nd I Households No income $151 -$250 08/11/2013 53 19E -61 B. Monthly Household Income at Exit/End of Year Number of Households I. No income Ii. $1 -150 H. $151 -$250 Iv. $251 -$500 V. $501- $1,000 vi. $1001-$1500 vii. $1501 -$2000 vili. $2001+ 53 19E -61 c. Support NOT in conjunction with HOPWA- funded Housing Assistance. Instructions: Please report on the access to care and support only for households receiving case management, employment training, and /or housing placement assistance (ONLY) that is not in conjunction with HOPWA- funded housing assistance (See Part 2, Item 8 -ii, 10 and 11). Report on the household status at program entry (or beginning of operating year for households continuing from previous year) and program exit (or end of operating year for households continuing services in the following operating year), if eligible individual living with HIV /AIDS accessed services. R. Had contact with a case manager /benefit counselor at least once In the last three months (or consistent with the schedule specified in their iii. Had contact with a primary health care provider at least once in tF three months (or consistent with the schedule specified In their Iv. Had medical Insurance coverage or medical v. Obtained an Income - producing job created by thi vl. Obtained an Income - producingjob outsi- 08/11/2013 54 19E -62 Number of Househol I NumberofJobs -. HOPWA Housin that Included Category of Services Accessed `pith benefits At Entry or Continuity ,a �. L Has a housing plan for maintaining or establishing stable on -going R. Had contact with a case manager /benefit counselor at least once In the last three months (or consistent with the schedule specified in their iii. Had contact with a primary health care provider at least once in tF three months (or consistent with the schedule specified In their Iv. Had medical Insurance coverage or medical v. Obtained an Income - producing job created by thi vl. Obtained an Income - producingjob outsi- 08/11/2013 54 19E -62 VII. EMERGENCY SOLUTIONS GRANT NARRATIVE STATEMENTS Santa Ana received $538,354, in ESG funds from HUD for the 2012 -2013 Program Year. These funds were used to support the program efforts of 24 homeless service programs received ESG funding during the report period. 08/11/2013 55 19E -63 ✓iduals & ,eless ✓- Income couples tilized to uals and iomeless od. ESG iomeless °et these dividuals btain the EXHIBIT 4, H Q EA N W M N O N N ti O N O C Q .ti a N X Ol O X N N N N N N N 7 7 00 'a mv_ ry v � :o >� m m m m p o v o0 G C C C C C G C E E 3 —000 N � I X .q G9 OD c Oq C u u C C Y ❑ U@ c c 0 N N N N N N N N N v N N � @ d @ N N N— N C a @ N C _ m m m m m w m@ v o OJ Ui C � N W E v �,@ E0 0 N E o o E O I�h o x o E E E N @ 2 Um E O O > > O O O C u @ O O O O x u u x x u x x x E❑ x r .y a m '3 c v E v E E c c c f0 c E Eo (7 ❑ ❑ C7 C7 L ❑ C7 (� C7 l7 N X Ol O X N N N N N N N 7 7 00 'a mv_ ry v � :o >� m m m m p o v o0 G C C C C C G C E E 3 —000 N � I X .q -- G9 OD c Oq C u u C C u C U u@ c c 0 U@ c c 0 N N N N N N N N yU @ @ @ @ @ @ @ @ N N a E 'gin C � � N— N C a @ � E N � _ m m m m m w m@ v o Ol - -E K C K E v �,@ E0 0 _ O -- G9 OD c Oq C u u C C u C U u@ c c 0 U@ c c 0 U@ C G 0 O N yU y y Y 0 _ O C O _ O _ N N a E 'gin C � � N— N C a @ � E N � _ m m m m m w m@ v o Ol - -E K C K E v �,@ E0 0 _ O > O S CC h ] o M O I�h O L t t _u E O W 0 c O C 0 O N yU N � a c V 3 N = N o c � V1 Y N O W 0 c O Ol C > O S > LL h ] 0 d N N 0 y @ a N @ 2 Um O @ O S o @ > x > S O O C u @ O W 0 m > w S a > N •s a > rn •� oo .� v N •- cc C C C C C C u m h v v N A b0 t0 v FU s> u u_ 5 u s> s> U u m U u m = E O N O E 0'0 N E O Y O O E O U C U •_ J L L C C O U U m > w S a > N •s a > rn •� oo .� v N •- cc C C C C C C u m h = A N A b0 t0 O V1 N L Q L N N a L yZ N 10 ��/I f0 N 10 N N ++ O J 00 O 01 O O 2 2 S O 2 J C C O C C N M C Ol a V = 0 b0 O V1 N L Q L N N a L yZ N 10 ��/I f0 N 10 N N ++ O J 00 O 01 O O 2 2 S O 2 N M C Ol r N O H 0 V = b0 O _ J O O 01 .� o E O 2 = N c v� a v E r m U F J 3 v J 0 Vl r N O H 0 B. Matching Resources Program regulations require that the City TABLE 16 —ESG MATCH match ESG expenditures dollar for dollar. Subrecipients receiving Santa Ana's ESG funds 2012-2013 SOURCE OF ESG MATcii MATCH MOUNT are informed of this match requirement during Other Federal Funds $120,000 _ the application process and are required to Local /County Government $0 identify the amount and sources of matching Private Funds $561,820 funds. During the course of the year, a Fees $0 certification and copies of checks, award State Gove t67,000 letters, etc. that document match funds is required by the City. Table 16 summarizes the ''73 — source and amount of ESG matching funds ,193 provided by Subrecipients during the 2012 -2013 report C. Homeless Discharge Coordination The City has certified to HUD that it will u mplement a homeless discharge plan. HUD has stated that as implementing a homeless discharge coordination policy it may u s to assist Very Low - Income individuals and families at risk of -Y _- _ released from publicly funded institutions such as health c � .oer youth facilities, or corrections institutions or programs. Idw AV On a regional basis ces - Housing and Community Development Department has d implementing a discharge plan for the entire county and h- :s such as Santa Ana. As this plan evolves, the City will explore v nat ensures the needs of Santa Ana's residents are met while efforts. At the present time ESG homelessness prevention funds a in of a discharge plan. 08/11/2013 58 19E -66 VIII. EXHIBITSw Exhibit 1 Map of City of Santa Ana CDBG Target Area & Area of Minority Concentration Maps Exhibit 2 Public Hearing /Comment Period Proof of Publication & Summary of Public Comments Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 as/11/2013 Consolidated Annual Performance and Evaluation Report (I Summary of Prior Year Accomplishments to Meet 5 -Y HUD Outcome Measurement Tables (IDIS Repor 2012 - 2013 Planned versus Actual Accom CDBG Activity Summary Report - GPP CDBG Financial Summary Repr Summary of Accomplish- HOME Annual Perf 59 19E -67 •ort # PR 06) 08/11/2013 19E -68 Exhibit 1 08/11/2013 19E -69 Exhibit 1 \ \\\ \\ ` RE z 0 5 7 a O a O Z S Z Q x 0 z O f Q z F Z W U Z O V ,.N����� a iii +Jt lu�j i .�. • • MuN ar •a � � • .A�� • ter• 0•,,� .: S'�� Y•�a � ` d c 151 • it i 0. • t+i • y r. It ,L ✓.. qty • • •• Q + •° • • • , y y ��� yI � • i•• L • • • • 19 M91.tlAf 8 • - m c Q = o 0 _ u Li P p s 0 0=• �£3N 1 a of f • , . , -- , w 3 ,.N����� a iii +Jt lu�j i .�. • • MuN ar •a � � • .A�� • ter• 0•,,� .: S'�� Y•�a � ` d c 151 • it i 0. • t+i • y r. It ,L ✓.. qty • • •• + •° • • • , y y ��� yI � • i•• L • • • • 19 M91.tlAf 8 • f w 3 19E -71 al W F 0 U L X W V m O N '4 ti m 0 z O 5 M M. O a z 0 z O H Q ec r z W V z O U 1 J' b a • Q L1 - � F � ' ♦s ta' V �03R;• -,� ON m • 2 •Y y • o s •• M� GRmD Ave u O� Y• o •� y. 6 y i• • • • • � dI � ° NST, iarss yy • MMN 9T ♦ I) • q • © i L y y • ° p S1 IMY y • • `I �' pi • mR O • ♦.q.. •p•� y y • i�— r •is� O dk •• k V • a ♦ Y • • j • d 15 M3faMIY� S � Ids y "� • • Y • � y b f w 3 19E -72 a_ z x w ti 0 N N ti w 0 08/11/2013 6 Exhibit 1 19E -73 08/11/2013 19E -74 Exhibit 2 08/11/2013 19E -75 Exhibit 2 PUBLIC NOTICE ON THE PROPOSED SUBMISSION OF THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT NOTICE IS HEREBY GIVEN that the Community Redevelopment and the City of Santa Ana will hold a public hearing on August 20, 2013 Council Chambers, 22 Civic Center Plaza, Santa Ana, California proposed submission of the Consolidated Annual Performance and Ev for fiscal year 2012 -2013. The CAPER has been completed in complia regulations and the City's Citizen Participation Plan. The report JA evaluation of the Community Development Block Grant (CDBG), HQLM Act (HOME), Housing Opportunities for People With AIDS Grant (ESG) program efforts for 2012 -13 program year. Th specific accomplishments for federal funded programs. The above mentioned CAPER suggests that during neighborhoods where City efforts would have i programs throughout the city. These rehabilitation /acquisition and new construction preferences when addressing needs and c very low- income groups were considered t A copy of the proposed CAPER will hours from August 6, 2013 to Augo locations: Housing Department, of the Clerk of the Council, 8` Main Library located at 26AW be available on the City' htto: / /www.santa -ar Housing Commission of at 6:00 p.m. in the City 92701, pursuant to the ,lua & Report (CAPER) n federal program ,ummary and 'artnerships I olutions City's 'W prioritize aerating key A assistance, state and local ,g funds. Therefore, -- ,'lion during normal business Center Plaza, in the following nent Agency, 6"' floor; and Office y_rat the public information desk in the California 92701. The draft will also At anytime b ' -ie public hearing, written comments to the proposed CAPER m , Development Agency at the above locations, or by email at - a All perso are notified to appear at the public hearing. Publish: August 5, 2013 Shelly Landry-Bayle Housing and Neighborhood Development Manager Community Development Agency of the City of Santa Ana 19E -76 SUMMARY OF PUBLIC COMMENTS SUMMARY OF COMMENTS RECEIVED DURING 15 -DAY COMMENT PERIOD: [To be inserted after the public review period.] SUMMARY OF PUBLIC COMMENTS RECEIVED DURING 08/20/2013 PU [To be inserted after the public hearing,] 08/11/2013 19E -77 Exhibit 2 Exhibit 3 19E -78 WN Nit 0. "Pt Too, W N-IrSEWn )MM Prolw 3 COBG12-FAIRHOWING 3 COSG12 CME ENFORCEMENT 4 COBG12-0C {AAL 6 CDB012 PO-HEART Do ] Co.OPROBA- TUTMINO 0 COBGZROJEOT PRIDE 9 CB BGI 2.PRC646ENIOR.1. to COBOL 2.PUBLIC FACILITIES IAPROVEMI t1 C08312ENGLE PAM LY REHAB 12 CORI 2 MULTI FAMILY REHAB t3 HEB.12 14 HESG12 -0UTREACH SERVICES t6 EB0I241OMELESSNESS FREVENETION to ESG@AAPIIO REHOUSING IT F3G124HE1TER I6 M MAI2ADWNKITRATGN I HOPOtA122UFORTIVE SERVICES Do HOPWAI2NENTPLAMSTANCE V HOME ALrNn2612 . HUME H. Mi[ 23 HOME Mulllfemoy Aequloieon d F.Iwo'19MTInn 24 HOME 61n91e Femlly H— MgAryuiattbnlRMeL 25 ROME Single Femlly Homing RepaulllWon . Tezt 27 cODG12AM RAN71A. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OFFICE OF COMMUNITY PLANNING AND DEVELOPMENT PROS - Summary of Consolidated Plan Projects for Report Year P.S_ PROVIDES REHABILITATION OF MULTI FAMILY UNITS PROVIGEB FOR ADMINISTRATOIN, OUTREACH, SHEL HOMELESSNESS PREVENTION, RAPID REHCUBY130 PROVIDE OTREACH TO THE HOMELESS OF SAM' PROVIDES HOMELESSNESS PREVENTION TOAT' PROVIDES RAPID REHOUSING SERI TO P FAMILIES PROVIGE9 SHELTERTO HOMELESS FAN' PROVIOEa FO 4 ADMINISTRATION a' PROVIDES FOR SUPPORTIVE$ BE HIVIAIDB PROVIDES RENTAL AERIE] IML HOME WdFW oUppot progr HOME WUU b urvJ.AF, ..M,Nw: Wwmr,y HCAL., nl6genlz- HOMEt P. Lwnnp.Pm }� wmmwlyM � 111 19E -79 JCBG DAB. DATE: 8115;2013 TIME: 11:45:01 AM PAGE: Ili Amount D-0 Amount AtI SI 31 CLOG PROVIDE CODE ENFORCEMENTACiNRIES IN CM- ABORATION CORE WITH OTTS HOUSING REHABIIJTATIEN PRNRAM9 5413Q00000 PROVI[f Al1ELETF ANGACAOEMIC SERVICES iO Y0LTH5 COBG PROVIM STEET OLTREACT TO HOMELESS IN CIVIC CENTER COB, AREA PROMOS GANG PREVENTION ANO ENFORCEMENT AT TWO COED ELEMENTARY SCHOOL SITES WANG PROVIGE AFTER9CHOCL TUTORING TO YOUTHS K -12 CCBG FEW CE RECREATION ACTIVRIES FOR FAMILIES Co.. PROV LIB MEALH TO HOMESCURCS SENIORS AND MEALS AT COSO THREE SANTA ANA LOCATICNS $..Oo PROVIDES FOR RECONSTRUCTION CF NEIGHBORHOOD COED STREETS AND IMPROYEMENf CP PARK FACILITIES I PROVIDES REHABILITATION OF MULTI FAMILY UNITS PROVIGEB FOR ADMINISTRATOIN, OUTREACH, SHEL HOMELESSNESS PREVENTION, RAPID REHCUBY130 PROVIDE OTREACH TO THE HOMELESS OF SAM' PROVIDES HOMELESSNESS PREVENTION TOAT' PROVIDES RAPID REHOUSING SERI TO P FAMILIES PROVIGE9 SHELTERTO HOMELESS FAN' PROVIOEa FO 4 ADMINISTRATION a' PROVIDES FOR SUPPORTIVE$ BE HIVIAIDB PROVIDES RENTAL AERIE] IML HOME WdFW oUppot progr HOME WUU b urvJ.AF, ..M,Nw: Wwmr,y HCAL., nl6genlz- HOMEt P. Lwnnp.Pm }� wmmwlyM � 111 19E -79 JCBG DAB. DATE: 8115;2013 TIME: 11:45:01 AM PAGE: Ili Amount D-0 Amount AtI SI 31 $71, £66,696.55 35.92345 30569065 5413Q00000 W $NC77B 16 S0,00 W2)]5.16 2.44.00000 '0,06114 6000 $140,052.14 WANG 'Coto $too $30000. $•.6 r $..Oo WE No. 2000 058 0ISW $0.00 $13044466 ?o0 M6m6. 236940190 :I4 579764 So BOON So. $178,322.34 05003196 400 loco $o. $0,. 2o00 20. $o.. 20.00 S0. 20.. $000 311.. A So.. 946.460.00 So. a9.00 ISSALNOSo 013.55550 8500 WSW a00.OW 301,0623] 9SSUI 5631052.3] i13o,684.07 EI,N)3, 37 $122.331]D 5170]23] jo SNOOP Soto S000 30. JO .000 $Oto IO.SO $o.0o 30. F 4621,163. SOOD $o,. SUNG 30. 3 -N'..0 3o DD to 00 $000 IS $taa $o.. 3a,oa go.Do Sam $.D,ODD.DO SWON.Da IO, OO NDO,.II.00 Som 08/11/2013 19E -80 Exhibit 4 a 0 z g a W T W C J Z N O w " � W � Z = Z VI O x C _0 C' a 19E -81 r x W N 0 0 s' a E 0 s !a 0 P � o � x co H Q^ W W T z a o Z N a s�= LL Q � v � o = a A I m a 'a'• Ar N pNp r' qq C C O W C O W g C w C �y w Co •O d T 0 ,gyp Z c 0 0 Z b 1° 3 '� C 'u^T T a v= v y 2 o �' `a Q� .c c c s' t a c o 'G '� ¢ a`, w°' a ¢ c: g A _ o°; g2 'x Z ao' M w w ti 6 z z 19E -82 a a xx w m ti 0 r+ ti 0 m N pNp r' qq C C O W C O W g C w C �y w Co •O d T 0 ,gyp Z c 0 0 Z b 1° 3 '� C 'u^T T a v= v y 2 o �' `a Q� .c c c s' t a c o 'G '� ¢ a`, w°' a ¢ c: g A _ o°; g2 'x Z ao' M w w ti 6 z z 19E -82 a a xx w m ti 0 r+ ti 0 H W W Z F z CW C a N > o co Q C c Z 7 C= C .Z 0 0 yU F C [L a 19E -83 M_ t W V m 0 N H .r W O [O N w J m a T C O N 3 LL _0 19E -84 a t M •i O N H 'i O Table 3A Summary of Specific Annual Objectives U.S. Department of Housing and Urban Development Grantee Name: City of Santa Ana service agencies that provide short - term shelter (up to 3 months) to ESG DH1.3 households that are in immediate HO need of shelter & support services " TRANSITIONAL HOUSING: service agencies that prov transitional housing (3 t, DH1.4 to homeless househr' stabilized yet stlll.�, order OMB Approval No. 2506 -0117 (Exp. 4/30/2011) 2,090 1 2,737 131.0% 2,090 1,800 86.1% 2,09 530 73.2% 81.5% 0.0% 0.0% NA 724/20 93.9 %/142.9% 796/48 104.69'0/64.0% 7 834/? OWNER - OCCUPIED CODE 1,520 2010 Housing Units 343 HOPWA ENFORCEMENT: Inspection & 19.8% 2011 Housing Units 84/106 enforcement of housing & building -_ _ _-duals 2012 Housing Units DHIA Biis:� ividuals CDBG 2011 Households 1,160 codes 72.3% 2013 Analysis of Impediments to Fair 2012 Households 2014 811 5 -Yr Con Plan Goal: Housing including financial support CDBG 2013 RENTAL HOUSING NEW 2010 Housing Uritill for fair housing education, training & CDBG 2014 CONSTRUCTION: Construct new 2011 Housing multi - family housing for renters 2012 Housi DH3.2 HOME laws & prosecute fair housing law (subsidies for 3 projects) 5 -Yr Con Plan Goal: 2013 2,614 43.6% Redev 2014 5 -Yr Cr 2r EMERGENCY SHELTER: Support service agencies that provide short - term shelter (up to 3 months) to ESG DH1.3 households that are in immediate HO need of shelter & support services " TRANSITIONAL HOUSING: service agencies that prov transitional housing (3 t, DH1.4 to homeless househr' stabilized yet stlll.�, order OMB Approval No. 2506 -0117 (Exp. 4/30/2011) 2,090 1 2,737 131.0% 2,090 1,800 86.1% 2,09 530 73.2% 81.5% 0.0% 0.0% NA 724/20 93.9 %/142.9% 796/48 104.69'0/64.0% 7 834/? 14 350 ESG 173 49.4% -'L 5 -Yr Con Plan Goal: 37 HOPWA 188 508.1% _ 2010 Housing Units 10/50 0/51 112.0 %/119.1% .,using 2011 Housing Units 10/50 10 /50 68.5 %/117.1% agencies -: aouchers/ 2012 Housing Units 10/50/99 X/47/70 X.X %/94.09'0/70.75/` DH1.5 housing for h HOPWA/ 2013 that have gradua ESG Rapid 2014 transitional housing Re- housing 50 Vouchers 10 200% _' 5,000 ESG 1,520 30.4% �� -- - 343 HOPWA 68 19.8% °" ��'�c' �ls 75/89 84/106 112.0 % /119.19'0 -_ _ _-duals 130/70 89/82 68.5 % /117.19'0 Biis:� ividuals 2011 Households 14 350 ESG 173 49.4% -'L 5 -Yr Con Plan Goal: 37 HOPWA 188 508.1% _ 2010 Housing Units 10/50 0/51 112.0 %/119.1% .,using 2011 Housing Units 10/50 10 /50 68.5 %/117.1% agencies -: aouchers/ 2012 Housing Units 10/50/99 X/47/70 X.X %/94.09'0/70.75/` DH1.5 housing for h HOPWA/ 2013 that have gradua ESG Rapid 2014 transitional housing Re- housing 50 Vouchers 10 200% 08/11/2013 6 Exhibit 4 19E -85 prepared to integrate in the community 5 -Yr Con Plan Goal: 250 HOPWA 300 ESG 148 99 59.2% XX% FAIR HOUSING SERVICES: Implement 2010 Households 1,170 964 82.4% the actions outlined in the City's 2011 Households 1,160 839 72.3% Analysis of Impediments to Fair 2012 Households 990 811 81.9% DH1.5 Housing including financial support CDBG 2013 for fair housing education, training & 2014 referral services; enforce fair housing laws & prosecute fair housing law 5 -Yr Con Plan Goal: 6,000 2,614 43.6% 08/11/2013 6 Exhibit 4 19E -85 Table 3A Summary of Specific Annual Objectives 08/1112013 7 Exhibit 4 19E -86 HOUSING CHOICE VOUCHER RENTAL 2010 Households 2,600 2,646 101.8% ASSISTANCE: Support for Santa Ana Housing 2011 Households 2,658 2,812 105.8% Housing Authority's efforts to Choice 2012 Households 2,658 2,682 100.9% DH2.1 provide Housing Choice Vouchers to Voucher 2013 lower income households & to (formerly 2014 obtain additional HUD vouchers Section 8) 2,639 21714 103.8% HOMELESSNESS PREVENTION: 5 -Yr Con 2010 Plan Goal: Individuals (3Yr Avg Yr Avg) 7782 (3 Yr Avg) 78.7 %/123.0% Support service providers that assist 2011 Individuals 23.7 9,o/40.0% households at risk of becoming ESG/ 2012 Individuals ?20 120.55//XX% DH2.2 homeless. Assistance may include HOPWA 2013 short -term financial subsidy to 2014 prevent eviction, foreclosure and /or 34.3% utility termination & support services S -Yr Con Pla 57.7% y t r ah e e..K.eI c HOMEOWNER OCCUPIED HOUSING 2010 19J 63.3% REHAB: Rehab loans & other CDBG 20' 14 46.7% subsidies to assist homeowners 16 DH3.1 improve primary residence, correct HOME code violations, deferred maintenance &improve Ca- ,neighborhood aesthetics MOBILE HOME REHAB: Zero % - - 75 4 49 2 65.3% 50.0% interest loans to coach own ers - _ ',snits 3 0 0.0% upgrade home to minimum -' -`;g Units 0 4 DH3.2 standards or to replace s _ deteriorated coaches *' rehabbed RESIDENTIAL �' -_ -- •.:J10 Plan Goal: Housing Units 30 0 6 0 20.0% 0.0% PRESERVAT _ -- :N 2011 Housing Units 0 0 0.0% OH3.3 historic - 2012 Housing Units struct - - 2013 for Histon _ _ 2014 _ RENTAL HOUSI S -Yr Con 2010 Plan Goal: Housing Units 3 7 0 11 0.0% 0.0% ACQUISITION /REH Ith CDBG 2011 Housing Units 0 34 NA DH3.4 acquisition & /or rehab ordable HOME 2012 Housing Units 4 110 2750.0% rental housing - projects may be 2013 undertaken with assistance of a 2014 Redev CHDO 5 -Yr Con Plan Goal: 100 155 155.0% RENTAL HOUSING REHAB: Assist 2010 Housing Units 10 0 _ 0.0% private property owner(s) rehab 2011 Housing Units 10 0 0.0% DH3.5 affordable rental housing units 2012 Housing Units 10 0 0.0% CDBG 2013 2014 5 -Yr Con Plan Goal: 10 0 0.0% 08/1112013 7 Exhibit 4 19E -86 SL3.1 RENTER - OCCUPIED CODE ENFORCEMENT: Inspection & enforcement of housing & building codes UPPORTIVE SERVICES: Support -rvice agencies that provide ipportive services for homeless idividuals that address specific eeds or helps achieve self- SERVICES FOR ELDERLY /FRAIL ELDERLY: Support public & non- profit organizations that provide services to seniors & frail elderly to will help seniors & frail elderly maintain independent living situation or ensure they are provided service SERVICES FOR DISABLED: Support public & non - profit agencies that provide services to disabled & develop - mentally disabled - maintain independent I!, ensure they are prove' YOUTH PUBLI public & n assist to Crime reduction act ding the City's helicopter pr m; program will help make the City's lower income area safer by reducing Table 3A Summary of Specific Annual Objectives 2010 Housing Units 2011 Housing units CDBG 2012 Housing Units 2013 2014 5 -Yr Con Plan Goal: '.nfll� 2011 Individuals ESG/ 2012 Individuals HOPWA 2013 0.0% 2012 2014 0.0% 2013 5 -Yr Con Plan G 2010 In 2011 Individuals 2012 CDBG 2r 2012 Individuals CDBG '.nfll� 3,677 _ on Plan Goal: :.010 Individuals 0.0% Y 2011 Individuals 0.0% 2012 Individuals 0.0% 2013 2014 5 -Yr Con Plan Goal: 2010 Individuals 2011 Individuals 2012 Individuals CDBG 2013 2014 5 -Yr Con Plan Goal: 1,000 1,005 100.5% 1,000 1,176 117.6% 1,000 471 47.1% '4/182 109.4 %/146.1% .70 140.6%/121.3% 117.1 % /77% 232.9% 31.6% 153.7% .j6 92.0% 1,121 86.2% 750 3,677 98.1% 0 0 0.0% 0 0 0.0% 0 0 0.0% 100 0 0.0% 2,900 4,955 170.9% 4,250 4,810 113.2% 4,850 8,082 166.6% 10,000 17,847 178.5% 275,476 275,467 100.0% 275,476 275,476 100.0% 0 0 0.0% 100.0% 08/11/2013 8 Exhibit 19E -87 SL1.6 SL2.1 1.1 2.1 Table 3A Summary of Specific Annual Objectives LOW & MODERATE- INCOME PUBLIC 21 2010 Individuals SERVICES: Facilitate access to a 2011 11ndividuals variety of social services for Low- and NA 2012 Individuals Moderate - Income individuals that CDBG 2013 NA helps improve quality of life. Goals NA 2014 s Include homeless outreach & NA NA assessment NA 5 -Yr Can Plan Goal: NA NA NA NA NA NA 2010 NA 2011 NA NA NA 2012 NA 2013 2014 5 -Yr Con Plan G tOarm_. PUBLIC INFRASTRUCTURE 2010 P IMPROVEMENTS: Financial 2011 assistance for CDBG - eligible projects 2r that improve or upgrade the City's infrastructure & address a priority CDBG need (repair /replace residential street, side - walks, ADA compliance & related improvements , PUBLIC FACILITY IMPROVEMEN Financial assistance for COB( eligible projects that improve /upgrade the C' ects ' - facilities & address r (repair, replace v equipment, centers, compl' - <_ _ 5 -Yr Con Plan Goal: 'l 2010 NA 2011 NA NA NA 2012 NA 2013 2014 5 -Yr Con Plan Goal: 2010 NA 2011 NA NA NA 2012 NA 2013 2014 S -Yr Con Plan Goal: 0 0 NA 0 0 NA 36,499 36,846 101.09/0 ,846 368.5% NA NA NA NA i 100.0% 6 300.0% 0 0.0% 5 7 140.0% 6 3 50.0% 2 6 300.0% 3 12 400.0% 12 21 175.0% NA NA NA NA NA NA NA NA NA NA NA NA MM s NA NA NA NA NA NA NA NA NA NA NA NA 08/11/2013 9 Exhibit 4 19E -88 Table 3A Summary Of Specific Annual Objectives ED 3.1 NA NA 2011 2012 2013 2014 NA NA NA NA NA NA NA NA NA NA NA NA S-Yr Con Plan Goal: NA Ak NA NA H 211 W 11 a . ' 2010 NA IN lmll NA 2011 NA NA NR 1.1 NA NA 2012 NA NA 2013 2014 S-Yr Con Plan G NA MEIt. HUD PROGRAM ADMINISTRATION: CDBG 2010 - 100.0% Ensure efficient/effective use of HUD 2011 1 100.0% grants to address Consolidated Plan ESG 2r 1 100.0% X-1 priorities, provide oversight & coordination to make certain funds HOME are spent properly & in a timely manner 3 60.0% M NA NA NA NA NA )2.1 NA NA NA NA "llow on Plan Goal: NA NA NA a. In addition to the <Infr Y 11 -12,1 additional public infrastructure project was underway during the report period. b. In addition to the Ng FY 11-12,116 additional public facility projects were underway during the report period. C. Three (3) Street p lort period. d. Nine (9) additional p /13 report period: 6 park projects, 2 community center projects & 1 fire station projects. 08/11/2013 10 Exhibit 4 19E-89 Exhibit 5 19E -90 H NN w 'I W IL lL G S Q oCo_ O O O O d N 0 0 0 riia � o a o 0 Q a C P P E � a � o zxu Et r 2 o E o o��Od a aoo O o O O O O I O O N N !0 0 0 0 0 0 0 0 h 31. rl q m 4 n a a c'a yy�� 'S yy � E E m m 0 D C � 0 0 0 0 N O O N N Ifl Q O P L O FmC VN YYC E 6 a � E G u a m U C a ryry W S 19E -91 Io $ n m � q 6 � LL S 0 .000 IN Qm�P POO P CF Uf N � C E a 0 a C g� x k N a $ E ry �i E Fo- C F C C 6 :;- k- \� k \. ){ !!. )!: § »J {#r! \ \jA4 o !f))E ff2 \/k o 00 \4 !)!} \ } \\ )) !!\) )f!! )!!} ) \�{ 19E-92 @7! 7 {! ,t7! §22a 0 0 m } { \E \ \)\ §k }\ }) \\\ } \/ \1�` \ { \ { { { k- \� k \. ){ !!. )!: § »J {#r! \ \jA4 o !f))E ff2 \/k o 00 \4 !)!} \ } \\ )) !!\) )f!! )!!} ) \�{ 19E-92 @7! 7 {! ,t7! §22a 0 0 m } { \E \ \)\ §k }\ }) \\\ } \/ M ti I nl N ti .Ni W W W � f � � n H v � c� a 0 w V H F: N: 1 C 4 0 Z c E A 1/� uai p p ;p A c 0 o A o 19 C g r E n 9w A C o a 0 � 0 gym 0�0 V O � v 0 A LL ry O c O N:M N: N 0 0 0.0 0 0 0:0 p P �ti V .I Q c: 0 0 0 o 0 0 OHO 0 0 OHO U r uai p p ;p A c 0 o A o 19 C g r E n 9w A C 0 0 0:0 0 0 0�0 V O � v a o y, o °c O A c c V = 2 N v yo q i Z' ¢ � 42 o ag ?uGij �L° v v s N E 3 3 3. 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Q: k: § § g 2 } [ f : ! ! : �91E om O § g 2 } [ f : m N N I(1 IV m~ O O O O O O O O O yOJ F O ~r u c O O o 0 o O O O �i a N: O O O O p p O O O O O T E L c L a Ea "c E m G o 5 n ; E - � •� e v 'n Bo o v .p o D O o o 191E-l01 � T E L c L a Ea ) \� \(' { \ � \k§ ! ) ) \� \(' { \ � ! ) D ! \ ( ! ! \. ) ) )) E \ l k A 02 ) \� \(' { \ � IDIS - PR84 U.S. Department of Housing and Urban Development DATE: Office of Community Planning and Development TIME: Integrated Disbursement and Information System PAGE: CDBG Strategy Area, CFDI, and Local Target Area Report SANTA ANA,CA Program Year 2012 Totals for all Areas Number of new businesses assisted Number of e Number of jc Amount of fi Number of L By direct b By area be Number of L Number of a Number witF Number of b Slum /bllght 19E -103 08 -15 -13 12:22 1 N M N M M M § ƒ} jlj' oil ) \(k ! |){ §ar£ to !({_| \ a7 } ) e ) \/} \ {ƒ , 0. 7 *!= e §!! ! °! !f) ff! ! � ) ƒ; ,! § §I § 2 {{{ ®0 Ee \ }a1§E.1O4 08/11/2013 19E -105 Exhibit 6 08/11/2013 2 Exhibit 6 19E -106 2012-2013 PLANNED VERSUS ACTUAL ACCOMPLISHMENTS (BY HUD GRANT SOURCE) PRIORITY PLANNED ACTUAL %ACTUAL ADMINISTRATION • CDBG Program Administration High 1 100% YEAR • Fair Housing High 990 82% HSHLUS PUBLIC FACILITIES • Park /Community Facility Improvements 1 High 1% • Street Improvements High 0% HOUSING • Code Enforcement I' 65% • Multi - Family Rehabilitation 0 0% UNITS • Single - Family Rehabilitation -_- - 12 63% UNITS PUBUCSERVICES - -' - -- ..: - -= Low /Moderate - Income Ser -- • PD Heart Program - _ 122 469 384% INDIVIDUALS INDIVIDUALS • PD GRIP Program - 36,377 36,377 100% " _`'_ INDIVIDUALS NDIVIDUAIS Serr - ,� T + • Community' - ", High 1,300 1,121 86% INDIVIDUALS INDIVICUALS • Ci - - High 3,000 3,682 123% INDIVIDUALS INDIVIDUALS • City of - - High 750 1,054 141% INDIVIDUALS INDIVIDUALS • City of Santa gram High 1,100 3,346 304% INDIVIDUALS INDIVIDUALS • City of Santa Ana - ESG Admin High 1 1vu 100% YEAR YEAR Homeless Prevention Mercy House High 12 is 150% INDIVIDUALS INDIVIDUALS • Public Law Center High 78 133 171% INDIVIDUALS INDIVIDUALS Share Our Selves High 43 22 51% INDIVIDUALS INDIVIDUALS 08/11/2013 19E -107 Exhibit 6 PRIORITY PLANNED ACTUAL % ACTUAL • Southwest Minority Economic Development 125 174 High 139%. Agency INDIVIDUALS INDIVIDUALS • WISEPIace High 30 X XX% I NDIVIDUAL5 INDIVIDUALS Rapid Re- Housing • Grandma's House High 10 19 190% INDIVIDUALS INDIVIDUALS • Illumination Foundation High 59% INDIVIDUALS • Interval House High muALS 50% INDI 15 • Mercy House High '70% INDI ' • WISEPIace High A Homeless Assistance /Shelter - Emergency • Mercy House HIP' 168% Homeless Assistance /Shelter - Transitional • Mercy House 220% INDry DUALS • Thomas House - 63% _ INDIVDUALS • Villa Center -- - 15 88% a UALS INDIVIDUALS • WISEPIace _ 9 X XX% INDIVIDUALS NDIVIDUA.S Homeless Assistan jr • Grandma's House -- -'_ °- 9 19 211% INDIVIDUALS INDIVIDUALS Human Optiv, __ — High 23 34 148% INDIVIDUALS INDIVIDUALS Intery High 16 68 425% ND'VIDUALS INDIVIDUALS • g La High 32 45 141% INDIVIDUALS INDIVIDUALS • 275 275 WTLC High 100% INDIVIDUALS INDIVIDUALS Homeles I Services Legal Aid High 41 48 117% INDIVIDUALS NDIVbUALS Homeless Assistance /Outreach Services Illumination Foundation High 200 90 45% INDIVIDUALS INDIVIDUALS OC Mental Health High 625 2883 461% INDIVIDUALS INDIVIDUALS _ • Santa Ana Police High 122 468 384% INDIVIDUALS INDIVIDUALS 08/11/2013 4 Exhibit 6 19E -108 • CHDO Project(s) s High 0% u2 u0TS • HOME Program Administration High 100% y1 YEAR • Multi - Family Acquisition /Rehabilitation' High 0% units uw s • Single - Family Acquisition, Rehab & Sale° High 20% units • Single - Family Rehabilitation High II3r 267% • HOPWA Program Administration • Housing & Supportive Services • Tenant Based Rental Assistance 1. "Planned" equals the number of park /public facility projects fund, the report period; 9 additional Park Proiects were underway durinr 2. "Planned" equals the number of street projects funded durin period; 2 additional street pro 'ectwas underwa durin the 3. The City typically combines CHDO & MF acquisition/reh- HOME- funded units were completed during the repo' period. 4. No single - family owner units were acquired /rr homebuyer assistance. s High High XX% 94% .s completed during the report oned" for 12 -13 totaled 4 units. 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W E Yi c m E r � m � E a u � m a A c a` 1 *7 V--I&+v 4 0 z a Exhibit 8 19E -147 PARTI: SUMMARY OF COBS RESOURCES 01 UNEXPENDED CDBG RINDS AT END OF PREVIOUS PROGRAM YEAR 02 ENTITLEMF " "' ^ " "" 03 SURPLUS[ 04 SECTION I 05 CURRENT' 05a CURRENT 06 RETURNS 07 ADJUSTME 08 TOTAL AV) PART II: SUI 09 DISBURSEI 30 ADJUSTME 11 AMOUNTS 12 DISBURSEI 13 DISBURSEI 14 ADJUSTME 15 TOTAL EXI 16 UNEXPENC PART III: LO 17 EXPENDEC 18 EXPENDEC 19 DISBURSEI 20 ADJUSTME 21 TOTAL LO) 22 PERCENT[ LOW /MOD B 23 PROGRAM 24 CUMULATI 25 CLIMULATI 26 PERCENT[ PART IV: PU 27 DISBURSE 28 PS UNLIQL 29 PS UNLIQL 30 ADJUSTME 31 TOTALPS 32 ENTITLEM 33 PRIOR YE/ 34 ADJUSTME 35 TOTAL SUI 36 PERCENTI PARTV: PLANNING AND ADMINISTRATION(PA)CAP 37 DISBURSED IN IDIS FOR PLANNING /ADMINISTRATION 38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS 41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40; 42 ENTITLEMENT GRANT 43 CURRENT YEAR PROGRAM INCOME 44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP 45 TOTAL SUBJECT TO PA CAP (SUM, LINES 42-44) 46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES (LINE 41 1LINE 45) 19E -148 9,586,054.96 5,680,480.00 0.00 0,00 71,603.92 0.00 0.00 (137.63) 15,338,001.25 6,019,773.70 0.00 6,019,773.70 799,342.53 0.00 0.00 6,819,116.23 8,518,885.02 0.00 0.00 6,019,773.70 0.00 6,019,773.70 100.00% PY: PY: PY: 0.00 0.00 0.00% 817,078.82 0.00 0.00 0.00 817,078.82 5,680,480.00 43,028.88 (226,16) 5,723,282.72 14.28% 799,342.53 5,923.45 0.00 0.00 805,265.98 5,680,480.00 71,603.92 (137.63) 5,751,946.29 14.00% LINE 17 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17 Report returned no data. LINE 18 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18 Report returned no data. 19E -149 LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LIN Plan Year IDIS Project IDIS Activity Voucher Number Activity Name Drawn Amount 2009 69 1724 5473266 CDBG - PUBLIC FACILITY IMP - CENTENNIAL PAA $5,183.36 2009 69 1724 5585552 CDBG - PUBLIC FACILITY IMP- CENTENNIAL P $12,53115 2009 69 1725 5478895 CDBG- PUBLIC FACILITY - MADISON PARK $666.82 2009 69 1726 5478895 CDBG- PUBLIC FACILITY IMP -SW CE $5,698.01 2009 69 1770 5509148 CDBG- PUBLIC FACILITY - EXERCIS $147.00 2009 69 1770 5529484 CDBG- PUBLIC FACILITY -EXERT $690.30 2009 69 1770 5539571 CDBG-PUBLIC FACILTrY-EXF' ,A $460.20 2009 69 1770 5552311 CDBG -PUBLIC FACILITY' LMA $990.70 2009 69 1770 5556377 CDBG -PUBLIC FACILT- LMA $843.70 2009 69 1770 5573901 CDBG- PUBLIC FA LMA $7,365.63 2009 69 1770 5577762 CDBG- PUBLIC r ,3F LMA $5,254.79 2009 69 1770 5585552 CDBG PUBI `03F LMA $131.65 2009 69 1770 5594476 CDBG P' -- -- - - w ..�:; 03F LMA $158.72 2009 69 1786 5552311 CDBr 03G LMA $8,402.12 2009 69 1786 5556377 C- - 03G LMA $404.67 2009 69 1786 5577762 03G LMA $2,683.80 2009 69 1786 55855 = 03G LMA $1,828.30 2009 69 1786 559 - - 03G LMA $5,965.00 2010 10 1772 -_ _ " -JRIAL 03F LMA $19,750.87 2010 10 1773 -__ _ - -- SITA 03F LMA $3,420.34 2010 10 1774 - - CAMPESINO 03F LMA $1,990.85 2010 10 1775 __ =v^ARK -EL SALVADOR 03F LMA $4,651.03 2010 52 177' - — „k�. PIMP- CENTER 03E LMA $140.28 2010 52 _ ' "T:�ITI'IMP -CENTER 03E LMA $71,99435 2010 52 - " -" 11CRTrY IMP- CENTER 03E LMA $1,872.87 2010 52 -- - ' FACILRY IMP- CENTER 03E LMA $58,950.44 2010 52 LIC FACILITY IMP-CENTER 03E LMA $1,226,360.24 2010 52 = - -- +PUBLIC FACILITY IMP- CENTER 03E LMA $1,495.65 2010 52 --,6G- PUBLIC FACILITY IMP-CENTER 03E LMA $383.50 2010 52 CDBG - PUBLIC FACILITY IMP-CENTER 03E LMA $149.36 2011 26 183 CDBG - JEROME PARK-SECURITY LIGHTS-11 /12 03F LMA $175.82 2011 26 1832 66 CDBG - JEROME PARK - SECURITY LIGHTS -11/12 03F LMA $856.12 2011 26 1832 8895 CDBG - JEROME PARK - SECURITY LIGHTS -11/12 03F LMA $1,127.88 2011 26 1832 5484431 CDBG- IEROME PARK - SECURITY LIGHTS -11/12 03F LMA $822.48 2011 26 1832 5490944 CDBG- JEROME PARK - SECURITY LIGHTS -11/12 03F LMA $105,963.59 2011 26 1832 5500722 CDBG - JEROME PARK - SECURITY LIGHTS -11/12 03F '_MA $105,875.46 2011 26 1832 5509148 CDBG- JEROME PARK - SECURITY UGHTS-11 /12 03F LMA $3,200.00 2011 26 1832 5518049 CDBG - JEROME PARK - SECURITY LIGHTS -11112 03F LMA $6,633.64 2011 26 1832 5525023 CDBG - JEROME PARK - SECURITY LIGHTS -11/12 03F LMA $3,991.11 2011 26 1832 5529484 CDBG - JEROME PARK - SECURITY LIGHTS -11/12 03F LMA $2,755.69 2011 26 1832 5539571 CDBG- JEROME PARK - SECURITY LIG11TS -11/12 03F LMA $94,927.29 2011 26 1632 5552311 CDBG - JEROME PARK - SECURITY LIGHTS -11112 03F LMA $4,224.33 W11 26 1832 5556377 CDBG- JEROME PARK - SECURITY LIGHTS -11/12 03F LMA $3,099.60 2011 26 1832 5563753 CDBG- JEROME PARK - SECURITY LIGHTS -11112 03F LMA $9,016.17 2011 26 1832 5573901 CDBG - JEROME PARK - SECURITY LIGHTS -11/12 03F LMA $1,739.43 2011 26 1832 5587070 CDBG- JEROME PARK - SECURITY LIGHTS -11/12 03F LMA $55,220.21 2011. 26 1833 5459361 CDBG- JEROME PARK- PARKING LOT -11/12 03G LMA $2,283.31 19E -149 Plan Year IDIS Project ID1S Activity Voucher Activity Name Matrix National Number Code Objective Drawn Amount 2011 26 1833 5466666 CDBG- JEROME PARK - PARKING LOT -11/12 03G LMA $994.00 2011 26 1833 5473266 CDBG - JEROME PARK - PARKING LOT -11/12 03G LMA $2,599.32 2011 26 1833 5484431 CDBG - JEROME PARK - PARKING LOT -11/12 03G LMA $41.91 2011 26 1833 5490944 CDBG - JEROME PARK - PARKING LOT -11/12 03G LMA $57,792.30 2011 26 1833 5500722 CDBG - JEROME PARK - PARKING LOT -11/12 03 'MA $69,283.50 2011 26 1833 5509148 CDBG-JEROME PARK - PARKING LOT-11/12 $703.26 2011 26 1833 5539571 CDBG- JEROME PARK - PARKING LOT -11/12 $4,044.15 2011 26 1833 5556377 CDBG-JEROME PARK - PARKING LOT -11/12 $1,339.17 2011 26 1833 5563753 CDBG- JEROME PARK - PARKING LOT -11/12 $16,090.17 2011 26 1833 5577762 CDBG- JEROME PARK - PARKING LOT -11112 $8,086.05 2011 26 1834 5459361 CDBG - JEROME PARK- WALKWAY -11112 $2,400.52 2011 26 1834 5466666 CDBG-JEROME PARK- WALKWAY -11/12 $994.00 2011 26 1834 5473266 CDBG - JEROME PARK- WALKWAY -11 /1 $1,192.80 2011 26 1834 5484431 CDBG - JEROME PARK - WALKWAY -1 $41.91 2011 26 1834 5490944 CDBG - JEROME PARK - WALKWAY $94,630.92 2011 26 1834 5563753 CDBG- JEROME PARK- WALKN' n $5,540.13 2011 26 1834 5573901 CDBG- JEROME PARK -WAI' AMA $3,566.37 2011 26 1834 5577762 CDBG - JEROME PARK -v LMA $4,980.58 2011 26 1835 5459361 CDBG- JEROME P LMA $1,491.00 2011 26 1835 5466666 CDBG - JEROME IF LMA $1,491.00 2011 26 1835 5473266 CDBG- JERW 03F LMA $1,192.80 2011 26 1835 5484431 CDBG 3 ;-,- - "- 03F LMA $41.95 2011 26 1835 5490944 CDBG _ 03F LMA $171,623.20 2011 26 1835 5500722 Cr ` "r - - -' 03F LMA $11,335.00 2011 26 1835 5539571 03F LMA $7,000.00 2011 26 1835 555231 — 03F LMA $1,905.09 2011 26 1835 555 03F LMA $7,908.65 2011 26 1835 -�_. - 03F LMA $1,590.42 2011 26 1835 - - - _ _ 03F LMA $5,058.87 2011 26 1835 _ 12 03F LMA $17,253.80 2011 26 1836 P -11112 03K LMA $15,162.93 2011 26 183E - 03K LMA $17,049.56 2011 26 - -1 -,IEEi IMP -11/12 03K LMA $19,569.64 2011 26 - " --- STREET imp-ii IMP -11/12 03K LMA $590,388.59 2011 26 _ -16- STREET IMP -11/12 03K LMA $4,113.40 2011 26 E 16- STREET IMP -11/12 03K LMA $23,558.01 2011 26 _ -� 'PHASE 16- STREET IMP -11/12 03K LMA $515,046.01 2011 26 ;y6G-PHASE 16- STREET IMP -11112 03K LMA $7,993.48 2011 26 CDBG -PHASE 16- STREET IMP -11/12 03K LMA $14,714.48 2011 26 18 CDBG -PHASE I6- STREET IMP -11112 03K LMA $1,666.29 2011 26 1836 1 CDBG- PFIASE I6- STREET IMP -11/12 03K LMA $16,106.85 2011 26 1836 6377 CDBG -PHASE I6- STREET IMP -11112 03K LMA $60,358.39 2011 26 1836 573901 CDBG-PHASE 16- STREET IMP -11/12 03K LMA $3,765.13 2011 26 1836 5592656 CDBG-PHASE 16- STREET IMP -11112 03K LMA $18,575.55 2011 26 1641 5459361 CDBG -PARK PLAZA 03F LMA $894.60 2011 26 1841 5463364 CDBG-PARK PLAZA 03F LMA $23,670.18 2011 26 1641 5466666 CDBG -PARK PLAZA 03F LMA $1,815.00 2011 26 1841 5473266 CDBG -PARK PLAZA 03F LMA $79,432.19 2011 26 1841 5478895 CDBG -PARK PLAZA 03F LMA $1,073.80 2011 26 1841 5484431 CDBG -PARK PLAZA 03F LMA $371.54 2011 26 1841 5490944 CDBG•PARK PLAZA 03F LMA $971.30 2011 26 1841 5500722 CDBG -PARK PLAZA 03F LMA $19,954.67 2011 26 1841 5517882 CDBG -PARK PLAZA 03F LMA $1,789.20 2012 3 1861 5466666 CDBG12 -CODE ENFORCEMENT 15 LMA $131,19677 2012 3 1861 5473266 CDBG12 -CODE ENFORCEMENT 15 LMA $38,091.85 2012 3 1861 5478895 CDBG12 -CODE ENFORCEMENT 15 LMA $37,131.38 2012 3 1861 5484431 CDBG12 -CODE ENFORCEMENT 15 LMA $37,303.03 19E -150 Plan Year IDIS Project IDIS Activity Youdier Activity Name Matrix National Number Code Objective Drawn Amount 2012 3 1861 5490944 CDBG12 -CODE ENFORCEMENT 15 LMA $33,42474 2012 3 1861 5500722 CDBGI2-CODE ENFORCEMENT 15 LMA $91,767.02 2012 3 1861 5509148 CDBG12 -CODE ENFORCEMENT 15 LMA $16,957.17 2012 3 1861 5518049 CDBG12-00DE ENFORCEMENT 15 LMA $65,252.97 2012 3 1861 5525021 CDBG12 -CODE ENFORCEMENT 15 IMA $35,643.57 2012 3 1861 5529484 ODBG12 -CODE ENFORCEMENT 1 $33,435.52 2012 3 1861 5539571 CDBG12 -CODE ENFORCEMENT $64,203.13 2012 3 1861 5552311 MBG12 -CODE ENFORCEMENT $166,840.25 2012 3 1861 5556377 CDBG12 -CODE ENFORCEMENT $29,359.83 2012 3 1861 5563753 CDBG12 -CODE ENFORCEMENT $31,262.19 2012 3 1861 5573901 CDBG12G0DE ENFORCEMENT $51,615.28 2012 3 1861 5577762 MBG12 -CODE ENFORCEMENT $26,766.66 2012 3 1861 5585552 CDBG12 -CODE ENFORCEMENT $52,525.10 2012 9 1862 5466666 CDBG12- PD -PAAL $12,001.56 2012 4 1862 5473266 CDBG12- PD -PAAL $5,678.49 2012 4 1862 5478895 CDBG12- PD -PAAL _ $5,977.53 2012 4 1862 5484431 CDBG12- PD -PAAL _MC $6,392.87 2012 4 1862 5490944 CDBG12- PD -PAAL LMC $6,661.89 2012 4 1862 5500722 CDBG12- PD -PAAL LMC $12,319.32 2012 4 1862 5509148 CDBG12- PO-PAO 10 LMC $5,943.71 2012 4 1862 5518049 CDBG12 -PD -'— - 05D LMC $12,397.32 2012 4 1862 5525023 CDBG12 - _ OSD LMC ;5,350.92 2012 4 1862 5529484 CDBC DSD LMC ;5,462.17 2012 4 1862 5539571 CL' -"" - --' D51) LMC $11,947.55 2012 4 1862 5552311 _ _- - 05D LMC $12,493.57 2012 4 1862 555637 _ - - 05D LMC $5,964.98 2012 4 1862 556 ` - - 051) LMC $6,291.29 2012 4 1862 5 - - - - OSD LMC $12,569.63 2012 9 1862 — - - - 05D LMC $6,146.69 2012 4 1862_ OSD LMC $6,462.65 2012 5 1863 _ - .,,__.. -.. -_, _- 05 LMC $250.00 2012 5 186? -- OS LMC $80,54 2012 5 OS LMC $202.17 2012 5 - -- - ' -`;ZT 05 LMC $2,024.84 2012 5 - —_ -- _ TEARY OS LMC $2,464.83 2012 5 - -HEART 05 LMC $1,080.75 2012 5 - `-2-PD-HEART 05 LMC $1,899.42 2012 5 _ -=- tiG12 -PD -HEART 05 LMC $4,089.24 2012 5 - .DBG12 -PD -HEART 05 LMC $9,187.20 2012 5 18 CDBG12 -PD -HEART 05 LMC $7,489.23 2012 5 1863 3 CDBG12 -PD -HEART 05 LMC $956.38 2012 5 1863 62 CDBG12 -PD -HEART 05 LMC $5,275.40 2012 6 1864 539571 CDBG12- PDGRIP 05 LMA $21,909.89 2012 6 1864 5552311 CDBG12 -PD -GRIP 05 LMA $105,085.41 2012 6 1864 5556377 CDBG12 -PO -GRIP O5 LMA $9,056.72 ZD12 6 1864 5563753 CDBG12- PDGRIP 05 LMA $70579.76 2012 6 1864 5573901 CDBG12- PDGRIP DS LMA $18,066.66 2012 6 1864 5577762 CDBG12- PDGRIP 05 LMA $12,333.61 2012 6 1864 5585552 CDBG12- PDGRIP 05 LMA $10,967.95 2012 7 1865 5466666 CDBG12- PRCSA- TUTORING 05D LMC $45,855.89 2012 7 1865 5473266 CDBG12- PRCSA - TUTORING O5D LMC $11,704.46 2012 7 1865 5478895 CDBG12- PRCSA- TUTORING 05D LMC $9,911.80 2012 7 1865 5484431 CDBG12- PRCSA - TUTORING 05D LMC $11,997.54 2012 7 1865 5490944 CDBG12- PRCSA - TUTORING 05D LMC $11,72134 2012 7 1865 5500722 CDBG12- PRCSA- TUTORING OSD LMC $25,910.50 2012 7 1865 5509148 CDBG12- PRCSA- TUTORING 05D LMC $10,269.31 2012 7 1865 5518049 CDBG12-PRCSA- TUTORING 05D LMC $23,051.85 19E -151 Plan Year IDIS Project IDIS Activity Voucher Activity Name Matrix National Number Code Objective Drawn Amount 2012 7 1865 5525023 CDBG12- PRCSA- TUTORING OSD LMC $9,064.15 2012 7 1865 5529484 CDBG12- PRCSA- TUTORING OSD LMC $10,698.07 2012 7 1865 5539571 CDBG12- PRCSA- TUTORING 05D LMC $25,774.53 2012 7 1865 5552311 CDBG12- PRCSA- TUTORING 05D LMC $23,28811 2012 7 1865 5556377 CDBG12- PRCSA - TUTORING O5D IMC $14,767.02 2012 7 1865 5563753 CDBG32- PRCSA- TUFORING $11,995.68 2012 7 1865 5577762 CDBG12- PRCSA - TUTORING $12,061.65 2012 8 1866 5466666 CDBG32 - PRCSA- PROJECF PRIDE $18,607.06 2012 8 1866 5473266 CDBG32 - PRCSA - PROJECT PRIDE $7,484,99 2012 8 1866 5478895 CDBG12- PRCSA- PROJECT PRIDE $6,402.17 2012 8 1866 5484431 CDBG12- PRCSA - PROJECT PRIDE $5,617.77 2012 8 1866 5490944 CDBG32 - PRCSA - PROJECT PRIDE $5,884.81 2012 8 1866 5500722 CDBG12- PRCSA - PROJECT PRIDE $11,675.85 2012 8 1866 5509148 CDSG12- PRCSA- PROJECF PRIDE $3,932.63 2012 8 1866 5518049 CDBG12-PRCSA- PROJECT PRID $9,445.73 2012 8 1866 5525023 CDBG12- PRCSA - PROJECT PR' _ $3,997,04 2012 8 1866 5529484 CDBG12- PRCSA - PROJECT .MC $5,048.64 2012 8 1866 5539571 CDBG12- PRCSA- PROJF' LMC $6,766.49 2012 8 1866 5552311 COBG12- PRCSA- LMC $9,304.98 2012 8 1866 5556377 CDBG12- PRCSA I LMC $5,258.60 2012 8 1866 5563753 CDBG12 -PRr" — -- - °- ° -_ _- - 05 LMC $4,417.36 2012 8 1866 5573901 COBG12 -_ >• ?_, 05 LMC $11,457.58 2012 8 1866 5577762 CDBC - _ _ 05 LMC $7,594.56 2012 8 1866 5585552 Cr "-7 "` - - "-- 05 LMC $7,548.40 201.2 9 1867 5509148 - -'?" - -. 05A LMC $37,746.00 2012 9 1867 552948 - - OSA LMC $25,754.00 2012 9 1867 557 _- - - - 05A LMC $5,000.00 2012 10 1868 5 03K LMA $6,535.24 2012 30 1868 - P 03K LMA $6,695.31 2012 10 1868 -" " _' TIMP 03K LMA $1,843.10 2012 10 1868 _ =- -_ - - -. EET IMP 03K LMA $6,502.24 2012 10 186P -.. STREET IMP " �.c17 03K LMA $36,745.67 2012 30 _ STREET IMP 03K LMA $21,54411 2012 30 -- - -- -'� iASE17STREETIMP 03K LMA $473.94 2012 10 - - -_ -- -- PHASED STREET IMP 03K LMA $8,68919 2012 10 _ A- PHASED STREET IMP •.,,t,.. -.,.. 03K LMA $5,863.89 2012 10 - '- .2 -PWA- PHASE17 STREET IMP 03K LMA $30,830.87 2012 10 — sG12- PRCSA - MAYBURY PARK 03F LMA $41,582.28 2012 10 .18612- PRCSA - MAYBURY PARK 03F LMA $404.67 2012 10 l8 CDBG12- PRCSA- MAYBURY PARK 03F LMA $546.32 2012 10 1869 2 CDBG12- PRCSA - MAYBURY PARK 03F LMA $39.11 2012 10 1869 4476 CDBG12- PRCSA - MAYBURY PARK 03F LMA $36,125,66 2012 10 1870 518049 CDBG - PRCSA -EL SALVADOR PARK 03F LMA $5,506.48 2012 10 1870 5525023 CDBG- PRCSA -EL SALVADOR PARK 03F LMA $2,683.80 2012 30 1870 5529484 CDBG- PRCSA -EL SALVADOR PARK 03F LMA $5,964.00 2012 30 1870 5539571 CDBG- PRCSA -EL SALVADOR PARK 03F LMA $1,954.56 2012 10 1870 5552311 CDBG - PRCSA -EL SALVADOR PARK 03F LMA $2,820.88 2012 10 1870 5556377 CDBG- PRCSA -EL SALVADOR PARK 03F LMA $1,249.92 2012 10 1870 5573901 CDBG - PRCSA -EL SALVADOR PARK 03F LMA $894.60 2012 10 1870 5577762 CDBG-PRCSA -EL SALVADOR PARK 03F LMA $10,749.25 2012 10 1870 5585552 CDBG-PRCSA -EL SALVADOR PARK 03F LMA $1,829.41 2012 10 1871 5518049 CDBG12- PRCSA- WINDSOR PARK 03F LMA $5,566.00 2012 10 1871 5525023 CDBG12- PRCSA- WINDSOR PARK 03F LMA $2,683.80 2012 10 1871 5529484 CDBG32- PRCSA - WINDSOR PARK 03F LMA $1,192.80 2012 10 1871 5539571 CDBG32- PRCSA- WINDSOR PARK 03F LMA $1,517.28 2012 10 1871 5552311 CDBG12- PRCSA - WINDSOR PARK 03F LMA $1,011.84 2012 10 1871 5556377 CDBG12- PRCSA- WINDSOR PARK 03F LMA $2,519.68 19E -152 Plan Year IDIS Project IRIS Activity Voucher Activity Name Matrix National Number Code Objective Drawn Amount 2012 10 1871 5573901 CDBG12- PRCSA- WINDSOR PARK 03F LMA $894.60 2012 10 1871 5577762 CDBG12- PRCSA- WINDSOR PARK 03F LMA $62,101.50 2012 10 1871 5585552 CDBG12- PRCSA - WINDSOR PARK 03F LMA $1,829.39 2012 10 1872 5525023 CDBG12- PRCSA - CENTENNIAL PARK 03F LMA $1,590.40 2012 10 1872 5529484 CDBG12- PRCSA- CENTENNIAL PARK 03F VA $4,835.34 2012 10 1872 5539571 CDBG12- PRCSA- CENTENNIAL PARK + $3,826.90 2012 10 1872 5573901 CDBG12- PRCSA - CENTENNIAL PARK $71.24 2012 30 1872 5577762 CDBG12- PRCSACENTENNIAL PARK $591.00 2012 10 1872 5585552 CDBG12- PRCSACENTENNIAL PARK $35.45 2012 10 1873 5484431 CDBG12- PRCSA- MADISON PARK $1,406.52 2012 10 1873 5490944 CDBG12- PRCSA - MADISON PARK $2,109.78 2012 10 1873 5500722 MBG12- PRCSA - MADISON PARK $8,146,99 2012 10 1873 5509148 CDBG12- PRCSA - MADISON PARK $2,018.64 2012 10 1873 5518049 CDOG12- PRCSA - MADISON PARK $4,046.93 2012 10 1873 5525023 MBG12-PRCSA- MADISON PARK $3,578.40 2012 10 1873 5529484 CDBG12- PRCSA - MADISON PO' $6,299.50 2012 10 1873 5539571 CD8G12- PRCSA - MADISON AMA $4,645.32 2012 10 1873 5552311 CDBG12- PRCSA -MADE LMA $7,406.44 2012 10 1873 5556377 CDBG12- PRCSA- LMA $404.66 2012 10 1873 5585552 CDBG12- PRCSA ,F LMA $933.71 2012 10 1873 5594476 CDBG12- PRr =` -• — ° -^ - - °• — 03F LMA $20,063.59 2012 11 1874 5490944 CDBG SF - - - _- 14A LMH $1,273.92 2012 11 1874 5500722 CDBC _ _ 14A LMH $646.42 2012 11 1674 5525023 CP 14A LMH $15,155.55 2412 it 1874 5529484 14A LMH $153.09 2012 11 1874 553957 - -- 14A LMH $1,501.21 2012 11 1874 555 ` ` - " " " "- - - - - -- 14A LMH $2,546.60 2012 11 1874 5 _ _- -�. - 14A LMH $14,270.53 2012 11 1874 _ -, - "_ -- 14A LMH $749.54 2012 11 1875 14A LMH $6,246.61 2012 11 1875 _ - - - - - - -- - -= -- -_ 14A LMH $237.01 2012 11 187.- ,AK ST. 14A LMH $17,395.63 2012 11 MARK ST. 14A LMH $850.64 2012 11 W. MARK Si. 14A LMH $7,850.45 2012 11 1% 14 W. MARK 57. 14A LMH $1,509,09 2012 11 4C 1-2314 W. MARK ST. 14A 1141-1 $759.16 2012 11 SFR -2314 W. MARK ST. 14A LMH $2,038.05 2012 11 2012 it 2012 11 Total 19E -153 $30.76 $2,554.00 $16.00 $6,019,773.70 Exhibit 9 19E -154 Q Q - Qr > > f1 3 ao 9 � a+ � o Ev C m 0 a N.W d E �+ Sao N n n T N Q' 0 t0 Oi N O u m n N n C M' m m M m 0 m M .y M yr .1 o m in o a y o m o W N V M v1 M N O w Cli � tN � � OF Y 7 v Q n {� E 0 ITO W y N O �> > N C t N ^ A C N O all A vU C 7 _ O O N O O rl a �ooa � �T o r LO(1 w M # M IN 7 N V O � N ti Vl N ti {p N M m h 0 d N �o M m of o l0 .ti M N O Q N m T IH n ti M n M N L tR - 0 ow L P 00 m a N N Ol ow CO w w N It C M M a N � N H 7 V Q1 {p N M m h 0 d N �o M m of o l0 .ti M N O Q N m T IH n ti M n M N L tR - 0 ow L P 00 m a N N n M C It m W N C N u � C V qOq LG E o 02 -E 0 [�W��j C � qv c i >' .o W r c .+ ` u O v� 6 e 5 C m v p m3 n- v S = c v E v Q � a rs E 0 c c n 1O t3 no a = m L9 19E -155 L 4 i E E c n Oi q Oi .y N M N o W W 7 N W N Ln M ti M N C O C m LD O G W LO D vai c u V V c o O U to G a N �j �j (n 6 --ppp .c S in u F ate' V F Z m `in' L. o f a 0 a II x° v c m �b a w E LL W _U � d N v 2 �o U G a a u 19E -156 u N 'E A o as N_ y i1 r. O r N 9 O s d N 7 O S O r u N 'C C O N y =a A 0 C N w a r� m 0 u �- 'c uj W Z A IQ �U Zaj a a N u u m c �N 0 O S C O Z C .N O 2 � o 0 0 rl m o a o O O O O 't 0 0 0 0 0 0 0 0 O O N p cr Lrl .Ni En Mi oin 0000000 o c c .-1 b .Mi N H � � N N G ti w 0 u IH V' N b N H n b N C N As lC O H � 2 C 2 Z 12 19E -157 u u•a - U Z Z e�Z z �Z c ma c c ca m v a5a o c E c c c a g a a L a u o a T v a 3 c r c a0�a �oOo o c '� c 5as��°� a c v E e Z •c `a c m c � m ��¢S 5 b L° Ec7 f0om ° m vE s 3 m d z o& r a 3 m a Em E a z a EEC m a a o os�FA r 3 m a E E a z a m aE a b Ib- C N As lC O H � 2 C 2 Z 12 19E -157 Q N O N IA LL M M W W 19E -158 o w m Ica u d o c w b C A \ '¢ d L � •� N d O E u V O a _ 9 7 � C C v m v 3 m W Q _° E w C D u O Eon 3 e a L C O IL iE ° S (�7 7 F o w m Ica u d o c w b C A \ '¢ d L � •� N d O E u V O a _ 9 7 � C C v m v 3 m as Q _° E w C D F �= E Eon 3 e a L � y d IL iE ° S (�7 L° E � O x V O � ` O 7 Y E i L^ T � � � C C v m v 3 12 w T as Q _° E w C D F �= E Eon 3 e a L ° :2 6 Q IL iE ° S (�7 ` O 7 Y E i A [ - -� � v L m E EE F c = $ v ° c L^ T � � C v o r i E 2 e a Lz Lb ° :2 6 19E-159 A [ - -� � v L m E EE F c = $ v ° c v v �3 i0 d5 H d u � O Z �° c Y � N m � c � c c _ � E u tvi�t+ Apr Q Z Q U 19E -1 v � a 3 m di w Z A ti Z a � Y � O c a m f0 'u a LU � g S - = c 6 >d> q 3azao i°- 08/11/2013 1 Exhibit 10 19E -161 08/11/2013 2 Exhibit 10 19E -162 Annual Performance Report U.S. Department of Housing OMB Approval No, 2506.0171 and Urban Development (Skip. 6/3112008) HOME Program Office ofCommunity Planning and Development Pobllc reporting burden for this oolledlanof Information Is estimated to average 2.5 hour&per response, Including thetime1wrevi ing Inalrudions, searching axislIng data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information. This agency may not comauol or sponew, and a person Is not required to respond to, a collection of Information unless that collection displays a valid CMS control number The HOME stahne Imposes a signlllcanl number of data collection and reporting requirements. This Includes owners or tenants of the properties, and on other programmatic stake. The Infomlatlan will be used 1) to at programs; 2) to track perfor nonce of participants In meeting fund commitment and expenditure deadlines; 3) participant meets the HOME statutory income targeting and affordability requirements; and 4) to permit HUD 10 and regulatory program requirements. This data collection ie authorized under Title II of the Cranston- GorinI82 authorities, Access to Federal grant funds is contingent on the reporting of certain prolechepeci is data all be maintained by the recipients of the ine atall Information on activities and expenditures of grant lunch is for disclosure, fleolplenls are responsible for ensuring confidentiality when public disclosure is not raga This form Is Intended to called numeric dale to be aggregated notionally as a complement le date collet (C /MI) System. Participants should enter the recording period in the Nat black, The reporting period Is' for each Section If further explanation Is needed. Submit he farm on or before December 31. u Thie report le far pe Send one cony to the approin ele HUD Plaid Ofil and one copy lo: starting HOME Program, Rm 7178, 451 21h Street, S.W., Washington D.C. 20410 07/01 Part I Particl�2ant Identi(Icatlan 1, Padlalpanl Number 12. Perlic¢ent Name MC060630 1 City of Santa Ana, CA 3. Name of Penton completing this repod Parry Glibrefh 6. Adrkam 20 Civic Center Plaza, M37 Part 11 PrSV am income Enlerthe following program Income amounts farina rep — t _. enerated: in block 3, enter the amount expanded: _- - -ante 1. .1 Re eoohanri at eeglnning 2. Amorting k,v antletl of Repatlng Period flepaWp Perb�� _ - gnnlelAbai 0 Part lU Minority Business Entif - - _ -� -lea (WBE) In the fable below, Indicate the ° -- is colnpietNd dudn ih Buamms Enlarpdee&(i • i - -.. Arian W �I nlels,We, dr Stuck NnrvNFnanlr i Number_ 2 Do4ar Ai __- Sub- - b. women Success a, Mel. Enterptsea (WEE) C. Compacts -- 1. Number 7 7 — .._.___.___ _._._ _._.___...__._ 2. Dollar Amount 80,162 0 80,162 D. Sub - Contracts 1. Number 0 2. Dollar Amounts page 1 of 2 on aselsted properties, on line fatllcipanta In managing their n determine whether each 'Inca with other statutory routing Act or related ,ation collected will �nerally available Sk62formation ,chided a+ywml 013 eta 0. 21p Dafa 02701 the beginning; In block 2, enter the amount Assistance. Ion Tanan4 5. 6ab alld Mend eMrOB Iaparpurg P ti 2.3) aa 0 2.2C6.67 e. Hiepwic I. While __ Nan- Hlapanb_ 1 6 6,302 73,860 08/11/2013 3 Exhibit 10 19E -163 Part IV Minority Owners of In the table below, Indicate the ru Durand the moortinul Denied. I Number 2. Dollar Amount Part V Relocation and Rea Incilcutte the number of Damon, Property HOME assisted rental properly owners and he total dollar amount of HOME funds In those rental properl assisted n. Total 0 01 Acquisition , the cost of r 0. tum.nlo I f. be number of parcels aoquiredjW aqulaltlon. The data ig the r9portfinipeLILd , It. Cost I AW I. ftm page 2 of 2 Ion HUD-40107(11n12) 08/11/2013 4 Exhibit 10 19E-164 a. Number 1. Parcels Acqulued 0 2. Businesses Displaced 0 3. Nonprofit Organizations Displaced 0 4. Households Temporarily Relocated, not Displaced 0 Households 01splace0 a. Total b. Alastnn Nally Amarkan Ind' 5 Households Cisplaceo - Nuirber 6 Households Displaced - Cost 01 0. tum.nlo I f. be number of parcels aoquiredjW aqulaltlon. The data ig the r9portfinipeLILd , It. Cost I AW I. ftm page 2 of 2 Ion HUD-40107(11n12) 08/11/2013 4 Exhibit 10 19E-164 it and 3: 0 c m m (D 'a 0 :1. A 30 a m a!L 0 ggm ob 08/11/2013 5 Exhibit 10 19E-165 08/11/2013 6 Exhibit 10 19E -166 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2013 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ❑ As Recommended AGREEMENT AND El El El Amended Ordinance Reading APPROPRIATION ADJUSTMENT ❑ on 2 I Ordinance on gd Reading ACCEPTING OFFICE1OF ❑ Implementing Resolution TRAFFIC SAFETY, OEP ❑ Set Public Hearing For PROGRAM GRANT //FUNDS CONTINUED TO C RECOMMENDED ACTION 1. Authorize the City Manager and Clerk of the Council to execute a one -year agreement with the State Office of Traffic Safety for Selective Traffic Enforcement Program (STEP) Grant funds, in an amount not to exceed $201,300, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing State of California, Office of Traffic Safety, Selective Traffic Enforcement Program (STEP) Grant funds in the amount of $201,300 in the Office of Traffic Safety revenue account and appropriate same to expenditure accounts. DISCUSSION The Santa Ana Police Department has been awarded a $201,300 grant from the State of California, Office of Traffic Safety under the Selective Traffic Enforcement Program (STEP). The goal of this program is to reduce the number of persons killed and injured in crashes involving alcohol, speed, red light running, and other primary collision factors. To accomplish this, 'best practice" strategies will be conducted on an overtime basis. The funded strategies will include DUI saturation patrols to apprehend drunk drivers, and warrant service operations targeting DUI violators who failed to appear in court or violate probation. The program will also concentrate on speed, aggressive driving, seat belt enforcement, intersection operations with disproportionate numbers of traffic crashes, and special enforcement operations encouraging motorcycle safety. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. This one -year agreement will cover the program period from October 1, 2013 through September 30, 2014. 20A -1 Agreement with OTS for STEP Program September 3, 2013 Page 2 FISCAL IMPACT The appropriation adjustment will enhance the Office of Traffic Safety revenue account (no. 16514002 52001) by $201,300 and appropriate same to expenditure account (no. 16514414 - various). Carlos Rojas Acting Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgt. Services Agency IM 20A -2 State of California — Office of Traffic Safety GRANT AGREEMENT - Page I OTS -38 (Rev. 6/13) GRANT NUMBER PT1490 1. GRANT TITLE Selective Traffic Enforcement Program 2. NAME OF APPLICANT AGENCY City of Santa Ana 4. GRANT PERIOD From: 10/1/13 3. AGENCY UNIT TO HANDLE GRANT Santa Ana Police Department To: 9/30/14 5. GRANT DESCRIPTION To reduce the number of persons killed and injured in crashes involving alcohol, speed, red light running, and other primary collision factors, "best practice" strategies will be conducted on an overtime basis. The funded strategies may include: DUI saturation patrols to apprehend drunk drivers; warrant service operations targeting DUl violators who failed to appear in court or violate probation; stakeouts, a "HOT Sheet" program and court stings. The program may also concentrate on speed, aggressive driving, seat belt enforcement, intersection operations with disproportionate numbers of traffic crashes and special enforcement operations encouraging motorcycle safety. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. 6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED: $ 201,300.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A (OTS -38b) — Problem Statement, Goals and • Schedule C (OTS -38g) — Quarterly Evaluation Data Form Objectives and Method of Procedure (if applicable) • Schedule B (OTS -38d) — Detailed Budget Estimate and • Exhibit A —Certifications and Assurances Sub - Budget Estimate (if applicable) . Exhibit B* - OTS Grant Program Manual • Schedule B -1 (OTS -38f) — Budget Narrative and Sub - Budget Narrative (if applicable) *Items shown with an asterisk ( *), are hereby incorporated by reference and made a pail of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.eov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. 8. APPROVAL SIGNATURES A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL OF APPLICANT AGENCY NAME Ruben Ibarra PHONE, 714- 245 -8210 NAME_ Kevin O'Rourke PHONE 714- 647 -5200 TITLE, Commander TITLE Interm City Manager FAX: 714- 245 -8190 FAX: 714- 647 -6956 ADDREss. 60 Civic Center Plaza ADDRESS. 20 Civic Center Plaza, 81h Floor P.O. Box 1981 P.O. Box 1988 Santa Ana, Ca 92702 Santa Ana, Ca 92702 E -MAIL: Rlbarra @ santa - ana.org E -MAIL KOrourke @santa - ana.org (Signature) (Date) (Signature) (Date) C. FISCAL ORACCOIINTING OFFICIAL D. OFFICE AUTHORIZED TO RECEIVE PAYMENTS NAME: Bich Duong Ta PHONE: 714-647-5434 NAME: Finance Department TITLE, Accounting Manager FAX ADDRESS 20 Civic Center Plaza, 2nd Floor ADDRESS 20 Civic Center Plaza, 2 "d Floor P.O. Box 1988 P.O. Box 1988 Santa Ana, Ca 92702 Santa Ana, Ca 92702 9. DUNS NUMBER E -MAIL: bta@ santa- ana.org DUNS #: 083153247 REGISTERED 20 Civic Center Plaza 8" Floor ADDRESS& Santa Ana, Ca 92701 -4058 (Signature) (Date) zip 20A-3 GME — STEP (Overtime) SCHEDULE A GRANT No. PT1490 GRANT DESCRIPTION PAGE 1 PROBLEM STATEMENT In 2011, California's traffic fatalities increased 2.6 percent (2,720 vs. 2,791) — still one of the lowest levels since the federal government began recording traffic fatalities in 1975. California 2011 Mileage Death Rate (MDR) — fatalities per 100 million miles traveled - is 0.87, and marks the third time California has been below 1.0. California is much better than the national 1.1 1 MDR. Fatality rates increased 3 percent from 2010 to 2011, and are projected to increase an additional 3 percent in 2012. Alcohol- impaired driving fatalities (fatalities in crashes involving a driver or motorcycle rider (operator) with a blood alcohol concentration (BAC) of 0.08 grams per deciliter (g /dL) or greater) matches our historic low of 774 in 2010 and 2011. The 774 figure is the lowest DUI death total ever. As a percent of total fatalities, alcohol - impaired fatalities decreased from 29 percent in 2010 to 28 percent in 2011. This number has remained virtually unchanged in the past five years and DUI arrests have dropped in 2011 to 180,212 as compared to 195,897 in 2010. The 2011 DUI arrest figure represents the lowest DUI arrests since 2002. For the second year in row, OTS commissioned an observational survey of cell phone use by drivers within the state, looking for hand -held and hands -free talking as well as texting and other use of mobile devices while driving. The overall rate was 10.8 percent of drivers on the road using cell phones at any given daylight time, up from 7.3 percent in 2011. Although observed cell phone use increases were seen across all age groups, 16 to 25 year olds showed a dramatic rise, doubling from 9 percent to 18 percent. The problem of drugged driving continues to rise. Based on data from the National Highway Traffic Safety Administration, 30 percent of all drivers who were killed in motor vehicle crashes in California in 2011 tested positive for legal and /or illegal drugs, a percentage that has been increasing since 2006. Motorcycle fatalities increased 15 percent from 352 in 2010 to 414 in 2011. Projections indicate a similar number were killed in 2012. OTS -38b (Rev. 6/13) 20A -4 GME — STEP (Overtime) SCHEDULE A GRANT No. PT1490 GRANT DESCRIPTION PAGE 2 Primary Collision Factor: Over the years, approximately 60 to75 percent of fatal and injury- combined collisions involved various Primary Collision Factors (PCF) such as, DUI, speed, right -of -way, traffic signals and signs, pedestrian violations, and improper turning. 512 21,764 2. Driving Under the Influence 470 12,477 3. Speed 394 48,999 4. Traffic Signals &Signs 362 5,460 5. Right of Way 167 24,897 Total 1,905 113,597 Total Fatal and Injury Collisions 162,569 Using local data (not OTS Rankings or S WITRS), complete the table below. Collision Type 2010 2011 2012 Collisions Victims Collisions Victims Collisions Victims Fatal 10 10 8 8 15 16 Injury 1163 1585 1210 1661 Fatal Injury Killed Inured Fatal Injury Killed Inured Fatal Injury Killed Inured Alcohol Involved 3 91 3 147 I 80 l 97 7 105 7 161 Hit & Run 3 184 3 227 2 133 2 156 4 197 4 251 Nighttime 3 132 3 191 2 98 2 150 3 151 3 214 (2100 -0259 hours To 3 Prima Collision Factors Fatal Injury Killed Injured #1- Unsafe S eed 2 320 3 467 #2- Auto WW Violation 1 275 1 411 #3- Improper Turn 1 139 1 170 OTS -38b (Rev. 6/13) Statewide PrVnary Collision Factors 2010 Fatal Ie'u 1. Improper Turning 512 21,764 2. Driving Under the Influence 470 12,477 3. Speed 394 48,999 4. Traffic Signals &Signs 362 5,460 5. Right of Way 167 24,897 Total 1,905 113,597 Total Fatal and Injury Collisions 162,569 20A -5 GME — STEP (Overtime) SCHEDULE A GRANT No. PT1490 GRANT DESCRIPTION PAGE 3 OFFICE OF TRAFFIC SAFETY — 2010 RANKINGS The OTS Rankings provide individual cities a way to compare their city's traffic safety statistics to those of other cities with similar -sized populations. Cities can use these comparisons to see what traffic safety areas they may have problems in and which they were doing well in. Identifying emerging or on -going traffic safety problem areas help cities plan how to combat the problems. It should be noted that OTS rankings are only indicators of potential problems; there are many factors that may either understate or overstate a city /county ranking that must be evaluated based on local circumstances. The OTS Rankings are determined by the following: (1) Victim and collision data for the rankings is taken from the latest available California Highway Patrol (CHP) Statewide Integrated Traffic Records System (SW ITRS) data; (2) Victim and collision rankings are based on rates of victims killed and injured or fatal and injury collisions per "1,000 daily- vehicle- miles-of- travel" (Caltrans data) and per "1,000 average population" (Department of Finance data) figures. This more accurately ensures proper weighting and comparisons when populations and daily vehicle miles traveled vary; (3) DUI arrest totals and rankings are calculated for cities only and are based on rates of non -CHP DUI arrests (Department of Justice data). This is so that local jurisdictions can see how their own efforts are working; and (4) Counties are assigned statewide rankings, while cities are assigned population group rankings. NOTE: City rankings are for incorporated cities only. County Rankings include all roads — state, county and local — and all jurisdictions — CHP, Sheriff, Police and special. OTS Rankings are calculated so that the higher the number of victims or collisions per 1000 residents in a population group, the higher the ranking. Number I in the rankings is the highest, or "worst." So, for Group B, a ranking of 1/53 is the highest or worst, 27/53 is average, and 53/53 is the lowest or best. The same methodology also applies for DUI arrest rankings. AGENCY NCIC COUNTY GROUP POPULATION (AVG) DVMT Santa Ana 3019 ORANGE COUNTY A 324,856 2,858,011 VICTIMS RANKING BY RANKING BY KILLED AND DAILY VEHICLE AVERAGE TYPE OF COLLISION INJURED MILES TRAVELED POPULATION Total Fatal and Injury ....................... 1,621 6/13 5/13 Alcohol Involved .............................. 200 1/13 3/13 HBD Driver < 21 ... ............................... 8 11/13 11/13 HBD Driver 21- 34 ............................... 61 1/13 2/13 Motorcyclists ..... ............................... 29 10/13 12/13 Pedestrians ................ ............................... 151 5/13 5113 Pedestrians 39 2/13 3/13 Pedestrians 12 5/13 7/13 Bicyclist s ..................... ............................... 149 2/13 5113 Bicyclists 23 1/13 2113 Composite............................................ ............................... 4/13 3113 COLLISIONS Speed Related ... ............................... 269 5/13 5/13 Nighttime ............ ............................... 143 4/13 6/13 Hit and Run ......... ............................... 187 4/13 5/13 DUI ARRESTS 997 0.51 % 9/13 OTS -38b (Rev. 6/13) 20A -6 GME — STEP (Overtime) SCHEDULE A GRANT No. PT1490 GRANT DESCRIPTION PAGE 4 PERFORMANCE MEASURES GRANT GOALS 1. To reduce the number of persons killed in traffic collisions. 2. To reduce the number of persons injured in traffic collisions. 3. To reduce the number of persons killed in alcohol - involved collisions. 4. To reduce the number of persons injured in alcohol- involved collisions. 5. To reduce the number of persons killed in drug - involved collisions. 6. To reduce the number of persons injured in drug - involved collisions. 7. To reduce the number of motorcyclists killed in traffic collisions. 8. To reduce the number of motorcyclists injured in traffic collisions. 9. To reduce the number of motorcyclists killed in alcohol - involved collisions. 10. To reduce the number of motorcyclists injured in alcohol - involved collisions. 11. To reduce hit & run fatal collisions. 12. To reduce hit & run injury collisions. 13. To reduce nighttime (2100 — 0259 hours) fatal collisions. 14. To reduce nighttime (2100 — 0259 hours) injury collisions. GRANT OBJECTIVES 1. To issue a press release announcing the kick -off of the grant by November 15 of the first grant year. The press releases and media advisories, alerts, and materials should be emailed to the OTS Public Information Officer at pio gots.ca.eov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 2. To include, when appropriate, that an at -fault driver was suspected of or was in fact drug impaired (if possible note the drug involved, e.g., marijuana, prescription drugs, etc.) when reporting to the media the details from a crash or crash investigation. 3. To send all grant - related activity press releases, media advisories, alerts and general public materials to the OTS Public Information Officer (PIO) at pio ,ots.ca.eov, with a copy to your OTS Coordinator. If an OTS template -based press release is used, the OTS PIO and Coordinator should be copied when the release is distributed to the press. If an OTS template is not used or is substantially changed, a draft press release should first be sent to the OTS PIO for approval. Drafts should be sent for approval as early as possible to ensure adequate turn - around time. Optimum lead time would be 10 -20 days prior to the operation. Media communications reporting the results of grant activities such as Enforcement Operations are exempt from the recommended advance approval requirement. Activities such as warrant service operations, probation OTS -38b (Rev. 6/13) 20A -7 GME — STEP (Overtime) SCHEDULE A GRANT No. PT1490 GRANT DESCRIPTION PAGE 5 sweeps and court stings that could be compromised by advanced publicity are exempt from pre - publicity, but are encouraged to offer embargoed media coverage and to report the results. 4. To use the following standard language in all press, media, and printed materials: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. 5. To issue a press release prior to each motorcycle safety enforcement operation to raise awareness about motorcycle safety in general and to draw attention to the motorcycle safety enforcement operations. If an OTS template is not used, the draft press releases, media advisories, alerts, and materials should be emailed to the OTS Public Information Officer at pionots.ca.kov, and copied to your CTS Coordinator, for approval 14 days prior to the issuance date of the release. 6. To email the OTS Public Information Officer at pio(.dots.ca.eov, and copy your OTS Coordinator, at least 30 days in advance a short description of any significant grant related traffic safety event or program so OTS has enough notice to arrange for attendance and /or participation in the event. 7. To submit a draft or rough -cut of all printed or recorded material (brochures, posters, scripts, artwork, trailer graphics, etc.) to the OTS Public Information Officer at pio a ots.ca._ov, and copied to your OTS Coordinator, for approval 14 days prior to the production or duplication. 8. To include the OTS logo, space permitting, on grant funded print materials; consult your OTS Coordinator for specifics relating to this grant. 9. To develop and /or maintain a "Hot Sheet' program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions by December 31. Updated Hot Sheets should be distributed to patrol and traffic officers monthly. 10. To submit (not required but encouraged by OTS) a California Law Enforcement Challenge application to CHP according to instructions on the CHP website http: / /www.chp.ca.sov /features /clec.htmi and submit a copy of the application to the Office of Traffic Safety by the last Friday of March. 11. To send 4 law enforcement personnel to the NHTSA - certified Standardized Field Sobriety Testing (SFST) training by January 31. 12. To send 2 law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ABIDE) 16 hour POST - certified training by January 31. 13. To send 2 law enforcement personnel to the IACP- certified Drug Recognition Expert (DRE) training program by March 31. 14. To conduct 50 DUI Saturation Patrols. 15. To conduct 12 Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting. 16. To conduct 24 Traffic Enforcement operation(s), including but not limited to, primary collision factor violations. 17. To conduct 2 highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or collisions resulting from unsafe speed, DUI, following too closely, OTS -38b (Rev. 6/13) 20A -8 GME — STEP (Overtime) SCHEDULE A GRANT No. PT1490 GRANT DESCRIPTION PAGE 6 unsafe lane changes, improper turning and other primary collision factor violations by motorcyclists and other drivers. 18. To participate in the National Distracted Driving Awareness Month in April. 19. To participate in the statewide Click It or Ticket mobilization period in May. 20. To collaborate with the county's "Avoid DUI Coalition" by: participating in all planning and scheduling meetings and MADD /Avoid DUI Seminars; providing your county Avoid Coordinator (Host) with your agency's schedule of operations that occur during any Avoid operational campaign period; and reporting daily, during holiday Avoid efforts, to the county Avoid Coordinator your agency's DUI arrests & DUI fatality information for the Avoid media campaign. NOTE: Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular police officer issue a specified or predetermined number of citations in pursuance of the goals and objectives hereunder. METHOD OF PROCEDURE Phase 1 — Proeram Preparation, Trainin¢ and Implementation (I" Quarter of the Grant Year) • The police department will develop operational plans to implement the "best practice" strategies outlined in the objectives section. • A draft news release will be submitted to OTS to announce the grant program. • All training needed to implement the program should be conducted this quarter. • All grant related purchases needed to implement the program should be made this quarter. • In order to develop /maintain the "Hot Sheets," research will be conducted to identify the "worst of the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot Sheets may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. Hot Sheets should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP program will be accomplished by deploying personnel at high collision locations. Phase 2 — Community Awareness (Throughout Grant Period) • The police department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. OTS -38b (Rev. 6/13) 20A -9 GME — STEP (Overtime) SCHEDULE A GRANT No. PT1490 GRANT DESCRIPTION PAGE 7 Phase 3 — Data Collection & Reoortina (Throughout Grant Period) The police department will submit a Quarterly Performance Report (QPR) and a separate quarterly Schedule C within 30 days following each calendar quarter. The final QPR, Schedule C, Claim and Executive Summary are due to OTS 30 days following the end of the grant period. Reports shall be completed and submitted in accordance with OTS requirements specified in the Grant Program Manual. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will prepare the Executive Summary to accompany the final QPR. The Executive Summary will: (1) briefly state the original problem; (2) specify the most significant goals and objectives; (3) highlight the most significant activities that contributed to the success of the program and the strategies used to accomplish the goals; and (4) describe the program's accomplishments as they relate to the goals and objectives. ADMINISTRATIVE SUPPORT This program has full support of the City of Santa Ana. Every effort will be made to continue the activities after the grant conclusion. OTS -38b (Rev. 6/13) 20A -10 SCHEDULE B DETAILED BUDGET ESTIMATE GRANT NO. PT1490 FUND NUMBER CATALOG NUMBER (CFDA) FUND DESCRIPTION TOTAL COST TO GRANT A. PERSONNEL COSTS Minimum Penalties for Repeat Offenders 164 AL 20.608 for Driving While Intoxicated Positions and Salaries Overtime DUI Saturation Patrols Motorcycle Safety DUI Saturation Patrols Traffic Enforcement Operations Distracted Driving Operations State and Community Highway 402 PT 20.600 Safety COST CATEGORY FISCAL YEAR ESTIMATES TOTAL COST TO GRANT A. PERSONNEL COSTS CFDA FY -1 10/1/13 thru 9/30/14 Positions and Salaries Overtime DUI Saturation Patrols Motorcycle Safety DUI Saturation Patrols Traffic Enforcement Operations Distracted Driving Operations 20.608 20.608 20.600 20.600 $ 148,000.00 $ 2,700.00 $ 32,400.00 $ 16,200.00 $ 148,000.00 $ 2,700.00 $ 32,400.00 $ 16,200.00 Category Sub -Total t $ 199,300.00 $ 199,300.00 B. TRAVEL EXPENSE In -State Out -of -State 20.600 $ 2,000.00 $ _ $ 2,000.00 g Category Sub -Total $ 2,000.00 $ 2,000.00 C. CONTRACTUAL SERVICES None $ _ $ Category Sub -Total $ $ D. EQUIPMENT None $ $ Cate or Sub -Total $ $ E. OTHER DIRECT COSTS None $ $ Category Sub -Total $ $ F. INDIRECT COSTS None $ Category Sub -Total $ $ _ GRANT TOTALI I S 201,300.00 1 S 201,300.00 OTS -38d (Rev. 6/13) 2P� I E l SCHEDULE B -I GRANT No. PT1490 BUDGET NARRATIVE Page I PERSONNEL COSTS Overtime Overtime for grant funded law enforcement operations may be conducted by personnel such as a Lieutenant, Sergeant, Corporal, Deputy, Officer, Community Services Officer, Dispatcher, etc., depending on the titles used by the agency and the grantees overtime policy. Personnel will be deployed as needed to accomplish the grant goals and objectives. Costs are estimated based on an overtime hourly rate range of $50/hour to $95/hour. Overtime reimbursement will reflect actual costs of the personnel conducting the appropriate operation up to the maximum range specified. No benefits will be paid in this grant. TRAVEL EXPENSE In State Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and /or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the Vehicular Homicide Seminar and the OTS Leadership and Training Seminar. All conferences, seminars or training not specifically identified in the Schedule B -1 (Budget Narrative) must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. CONTRACTUAL SERVICES None EouIPMENT None OTHER DIRECT COSTS None INDIRECT COSTS None PROGRAM INCOME There will be no program income generated from this grant. OTS -38f (Rev. 6/13) 20A -12 CAOFORNIA OFFICE OF TRAFFIC SAFETY EXH I BIT A CERTIFICATIONS AND ASSURANCES Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency officials to civil or criminal penalties and /or place the State in a high risk grantee status in accordance with 49 CFR §18.12. The officials named on the Grant Agreement, certify by way of signature on the Grant Agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: • 23 U.S.C. Chapter 4 - Highway Safety Act of 1966, as amended • 49 CFR Part 18 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments • 23 CFR Chapter II - (§ §1200, 1205, 1206, 1250, 1251, & 1252) Regulations governing highway safety programs • NHTSA Order 462 -6C- Matching Rates for State and Community Highway Safety Programs • Highway Safety Grant Funding Policy for Field- Administered Grants NONDISCRIMINATION The Grantee Agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a) Title A of the Civil Rights Act of 1964 (88), which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 -1683 and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (101), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 - 6107), which prohibits discrimination on the basis of age; (e) the Civil Rights Restoration Act of 1987 (100), which requires Federal -aid recipients and all subrecipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; (f) the Drug Abuse Office and Treatment Act of 1972 (92), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (91), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd -3 and 290ee -3), relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.), relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (k) the requirements of any other nondiscrimination statute(s) which may apply to the application. 11 Certifications and Assurances (Rev. 2013) 20A -13 CALIFORNIA OFFICE of TRAFFIC SAFETY EXHIBIT A CERTIFICATIONS AND ASSURANCES BUY AMERICA ACT The Grantee Agency will comply with the provisions of the Buy America Act (49 U.S.C. 5323(j)), which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non - domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. POLITICAL ACTIVITY (HATCH ACT) The Grantee Agency will comply with provisions of the Hatch Act (5 U.S.C. 1501 -1508) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub - award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 2 1 Certifications and Assurances (Rev. 2013) 20A -14 CALIFORNIA OFFICE of TRAFFIC SAFETY EXHIBIT A CERTIFICATIONS AND ASSURANCES RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots ") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION Instructions for Primary Certification 1. By signing and submitting this Grant Agreement, the Grantee Agency official is providing the certification set out below. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the Grantee Agency official to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the Grantee Agency official knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this Grant Agreement is submitted if at any time the Grantee Agency official learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, Grant Agreement, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and coverage sections of 49 CFR Part 29. You may contact the department or agency to which this Grant Agreement is being submitted for assistance in obtaining a copy of those regulations. 6. The Grantee Agency official agrees by submitting this Grant Agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lowertier covered transaction with a person who is proposed for debarment under 48 CFR Part 9 subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 3 1 Certifications and Assurances (Rev. 2013) 20A -15 CALIFORNIA OFFICE OF TRAFFIC SAFETY EXHIBIT A CERTIFICATIONS AND ASSURANCES 7. The Grantee Agency official further agrees by submitting this Grant Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9 subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of Parties Excluded from Federal Procurement and Non - procurement Programs. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9 subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions (1) The Grantee Agency official certifies to the best of its knowledge and belief, that its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three -year period preceding this Grant Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this application /Grant Agreement had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the Grantee Agency official is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this Grant Agreement. 4 1 Certifications and Assurances (Rev. 2013) 20A -16 CALIFORNIA OFFICE of TRAFFIC SAFETY EXHIBIT A CERTIFICATIONS AND ASSURANCES Instructions for Lower Tier Certification 1. By signing and submitting this Grant Agreement, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this Grant Agreement is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, Grant Agreement, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this Grant Agreement is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this Grant Agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this Grant Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below) 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non - procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 5 1 Certifications and Assurances (Rev. 2013) 20A -17 CALIFORNIA OFFICE of TRAFFIC SAFETY EXHIBIT A CERTIFICATIONS AND ASSURANCES 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of this grant agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this grant agreement. 6 1 Certifications and Assurances (Rev. 2013) 20A -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2013 TITLE: APPROPRIATION ADJUSTMENT RECOGNIZING A DONATION FROM THE RELATED COMPANIES OF CALIFORNIA RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: UNK6 O ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing $10,000 in donations from The Related Companies of California (Related California) in the PRCSA Fees and Donations revenue account and appropriating same to the PRCSA Fees and Donations expenditure account for the purchase of furniture for the Garfield Community Center. DISCUSSION On June 7, 2010, the City Council /Redevelopment Agency approved several actions to facilitate the development of an affordable housing project, located in the 94 -acre Station District, which will enhance the Lacy Neighborhood and support the transit vision for the area. Related California /Griffin Realty Corporation (Santa Ana Station District, LLC) is the master developer. During the community outreach efforts conducted for the Station District the need for a community center in the Lacy Neighborhood was identified as a top priority. The City entered into a Joint Use Agreement for the construction and use of the community center on Garfield Elementary School. The Garfield Community Center, a 10,000 square feet, two story building is under construction and will be completed on October 2013. In addition to the requirements set forth in the development agreement, Related California has generously donated $10,000 which will be used to augment furniture purchases for the community center facility. FISCAL IMPACT The appropriation adjustment will recognize the donation in the Gifts and Donations Revenue account (No. 02213002 57081) and appropriating the same to Gifts and Donations Expenditure account (No. 02213200 63001) in the amount of $10,000. 20B -1 RFCA- Appropriation Adjustment Recognizing a Donation From The Related Companies of California September 3, 2013 Page 2 APPROVED AS TO FUNDS AND ACCOUNTS: Gerardo Met ou Francisco Gutierrez *h Executive Director Executive Director Parks, Recreation and / Finance & Management Services Agency Community Services Agency GM /SC /sc 206-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2013 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING FUNDS FOR THE TRAFFIC SIGNAL AT FAIRVIEW STREET AND EDNA DRIVE (PROJECT NO. 126758) NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment accepting funds from the Wintersburg Presbyterian Church in the amount of $20,000 into the Select Street Construction Fund revenue account (No. 05917002- 57080) and appropriating the same into the Select Street Construction Fund expenditure account (No. 05917660 - 66220) for the traffic signal installation at Fairview Street and Edna Drive. DISCUSSION The recommended action will help to complete the installation of the City's grant- funded traffic signal and the developer's required public improvements as one project. Appropriating the funds will not only help to reduce the City's capital costs, but will allow for efficiencies inherent in carrying out one larger and coordinated effort. As part of the initial phase of the Wintersburg Presbyterian Church Expansion project at 2000 North Fairview Street, the developer is required to construct 250 linear feet of public sidewalk. The resulting sidewalk would be eight feet wide as compared to the existing five feet. Separately, the Fairview Street/Edna Drive Traffic Signal project is under construction by the City. To maximize the efficiency of construction, the Wintersburg sidewalk improvements should be coordinated with the City's signal project. The funds received from the developer will traffic signal project. The City has already funds for the remaining cost of the traffic October 2013. ENVIRONMENTAL IMPACT be used for construction of the sidewalk as part of the received Highway Safety Improvement Program grant signal. Construction is scheduled to be completed by There is no environmental impact associated with this action. 20C -1 Appropriation Adjustment for Traffic Signal at Fairview & Edna September 3, 2013 Page 2 FISCAL IMPACT Funds in the amount of $20,000 will be deposited into the Select Street Construction Fund revenue account (No. 05917002 - 57080) and appropriated into the Select Street Construction fund expenditure account (No. 05917660-66220). APPROVED AS TO FUNDS AND ACCOUNTS: Edwin "William" Gal z,r.E. Francisco Gutierrez Interim Executive Director Executive Director Public Works Agency Finance & Management Services Agency EWG/TH 20C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2013 TITLE AMEND AGREEMENT WITH SIERRA PACIFIC ELECTRICAL CONTRACTING TO PROVIDE AND INSTALL LED MAST ARM STREETLIGHTS AND APPROVE AGREEMENT WITH SOUTHERN CALIFORNIA EDIS TO PROVIDE NO -COST FUNDINa�I RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to nonsubstantive changes approved by the City Manager and City Attorney: a) Amend the agreement with Sierra Pacific Electrical Contracting to increase compensation by $15,000 to provide and install an additional 22 Mast Arm LED streetlights, for a total amount not to exceed $715,000. b) Execute an agreement with Southern California Edison to provide no -cost funding through On- Bill Financing for 61 Mast Arm LED streetlights. 2. Approve an appropriation adjustment recognizing an additional $38,000 in funding from Southern California Edison into the Energy Conservation revenue account and appropriating the same amount to the Energy Conservation expenditure account for the installation of Mast Arm LED streetlights. DISCUSSION The recommended action will allow the City to install 61 energy efficient Mast Arm light- emitting diode (LED) streetlights which will improve roadway illumination levels and reduce energy consumption. While 39 street lights had already been scheduled, these will now be financed along with an additional 22 street lights installed and financed thru Southern California Edison (SCE) Cin- Bill Financing (OBF) Program. In January 2013, the City Council awarded a contract to Sierra Pacific Electrical Contracting to install 1,123 energy- efficient Mast Arm LED streetlights at 298 signalized intersections. A portion of the funding came from energy efficiency incentives and the balance is financed from the OBF Program which funds certain preapproved energy- reduction projects at zero - percent- interest and which is repaid using energy bill savings over a five -year payback period. 20D -1 Agreements with Sierra Pacific Electrical and SCE to Provide, Install, and Fund LED Mast Arm Streetlights September 3, 2013 Page 2 Twelve of the original installation locations involving 39 street lights did not meet SCE funding criteria. However, staff subsequently negotiated with SCE to obtain approval of those 39 streetlights and identified 22 additional streetlights at 6 more sites. The installation agreement with Sierra Pacific Contracting requires an increase of $15,000 to cover the amended contract cost. SCE will fund the installation of the 61 streetlights through an additional $7,409 in incentives, and $29,680 in OBF, for a total of $37,089. Payback for the financed portion of this project is estimated to be about five years. ENVIRONMENTAL IMPACT Installation of the additional 22 LED streetlights will save an estimated 20,000 kWh annually. This savings translates to a reduction of the city's carbon footprint by approximately 14.1 metric tons of CO2, which is the equivalent of removing 2.9 passenger vehicles from the road. FISCAL IMPACT Loan proceeds received through the SCE On -Bill Financing Program will be deposited in the Energy Conservation revenue account (No. 16217002 - 57384) and appropriated into the Energy Conservation expenditure account (No. 16217630 - 62300). Loan repayments are available in Account No. 01117630 - 62000. APPROVED AS TO FUNDS AND ACCOUNTS: Edwin "William" Galve Francisco Gutierrez Interim Executive Dip6ctor Executive Director /�_ Public Works Agency Finance & Management Services Agency 'y Exhibits: 1. Amendment to agreement with Sierra Pacific Electrical Contracting 2. On -Bill Financing Agreement with Southern California Edison 3. Streetlight Location Summary 4. Photo — Typical Mast Arm Streetlight 20D -2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on September 3, 2013, by and between Sierra Pacific Electrical Contracting, a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into Agreement A- 2013 -015, dated January 22, 2013, (hereinafter "said Agreement') by which Contractor has provided material, supplies, labor and equipment necessary to remove and replace LED streetlights. B. Additional funding has been awarded to allow the City to expand its LED streetlight replacement program. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services to include additional sites at which the current streetlights will be replaced with LED streetlights and to increase compensation to pay for the additional material, supplies, labor and equipment required to complete the work. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: Section I, SCOPE OF SERVICES, shall be amended to provide that Contractor shall perform all services necessary to remove and dispose of existing streetlights, and furnish, install and test new LED luminaries, in the light fixtures listed in the matrixes titled "Lights Originally to be City Funded'; "Additional Lights'; and "Lights in Original OBF Funding ", attached hereto as Exhibit A -1, and incorporated by this reference. All such services shall be provided in compliance with the Scope of Services attached to said Agreement as Exhibit A. 2. Section Il.a., COMPENSATION, shall be amended to increase compensation by $15,000, to pay for the removal and disposal of existing and the furnishing, installation and testing of the 22 Additional Lights, as set forth in Exhibit A -1, attached hereto and incorporated by this reference. The total amount to be expended for all services provided pursuant to said Agreement shall not exceed $715,000.00 during the term of said Agreement. In conformance with Section 111, TERM, Contractor shall furnish and install all lights within 140 days of the Notice to Proceed issued by the City. The terms and conditions of this Agreement shall remain in full force and effect through June 30, 2014, unless terminated earlier in accordance with Section XII of said Agreement. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 20D -3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: EDWIN "WILLIAM" GALVEZ, P.E. Interim Executive Director- PWA CITY OF SANTA ANA KEVIN O'ROURKE Interim City Manager SIERRA PACIFIC ELECTRICAL CONTRACTING (NAME) (Title) 20D -4 EXHIBIT A -1 20D -5 Exhibit A -1 09 03 13 RFCA Modify Agreement with Sierra Pacific for LED Street Lights Streetlight Location Summary Address Quantity Alton/ Fairview 4 Bristol/ Memory Ln 4 Dyer/ Grand 4 Dyer/ Npt Frwy Nth Bnd 3 Main Street @ Sunflower Avenue 4 Lyon Street @ St. Andrew Place 4 Grand Avenue @ SR -55, S /B, Off -Ramp 3 Main Street @ Borchard Avenue z Home Depot @ MacArthur Boulevard 3 Dyer @ Bike Trail (E. of Flower) z Flower @ Bike Trail (S. of Dyer) z Newhope Street @ Hazard Ave 4 Pullman Street @ Warner Avenue Alona Street @ 17th Street I Main Street @ Columbine Avenue Boyd Way (Parking Struct) @ Civic Center Drive I 2 Baker Street @ Edinger ' Bristol Street @ Willits Street /Bishop Street I 4 I 20D -6 Exhibit A CITY OF SANTA ANA LED COBRAHEAD STREETLIGHTS SCOPE OF SERVICES SPECIAL PROVISIONS The Request for Proposals calls for removal and disposal of existing luminaires; furnishing and installing new LED street lights and all testing, including photometric and energy consumption, to prove that furnished luminaires perform as specified. The Contractor shall provide at its own risk and cost all labor, materials, tools, equipment, and traffic control per the Work Area Traffic Control Handbook ( "WATCH "), transportation, hauling, dumping, and recycling of removed material as part of this project. The City reserves the right to salvage existing luminaires. All salvaged luminaires shall be delivered to the City Corporate Yard at no cost to the City. Contractor shall install luminaries in conformance with Attachment 1, Leotek Proposed Products. FUNCTIONS AND RESPONSIBILITIES A. DIRECTOR The Director or his authorized representative shall have the authority to accept/reject materials, workmanship and to make minor changes in work or schedule. When the performance of the work or completion per schedule is determined to be substandard, Director may 1) recommend that all or a portion of payment be withheld, and /or forfeiture for delay be assessed; 2) direct the work be accomplished by a separate contractor, in order to complete the necessary work as close to schedule as possible and withhold the resulting costs. Payment to be withheld shall be deducted from the final payment due to Contractor, or if the amount is insufficient to cover payment, Contractor shall be liable and will be billed accordingly. The Director or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the contract by Contractor, interpretation of the specifications, and compensation to include completion of work by alternate sources. B. CONTRACTOR Local Office Contractor shall maintain a local office with a competent representative who can be reached during normal working hours and authorized to discuss matters pertaining to this contract with the Director. Contractor will not be allowed to store equipment or materials at any contracted area. 2. Submittals Contractor shall submit to the Director for his approval, prior to commencement 20D -7 of work, 1) a detailed job schedule, 2) names and titles of all persons working on the project, and 3) materials to be used on the project for approval. All submittals shall be periodically updated as necessary. The Director shall be immediately notified of any deviation from schedule or material usage. 3. Identification All vehicles and equipment on the project site shall be properly marked with company identification. 4. Licenses and Permits Contractor shall, prior to award of contract and without additional expense to the City, possess all licenses and permits required for the performance of the work required by this contract, including but not limited to State License C -27, a City of Santa Ana Business License, and a C -10 Electrical License. 5. Work Force a. Contractor shall ensure that all work under this agreement is supervised by personnel who are technically qualified and possess the management skills required to implement modern methods and newly developed procedures. b. Contractor shall ensure that all work under this agreement is performed by fully qualified, experienced personnel, directly employed by Contractor or its listed subcontractors. All subcontractors that will perform work under this agreement shall be listed in Contractor's proposal. No other subcontractors shall be permitted without prior written consent by the Director. c. Contractor shall be responsible for skills, methods, appearance and action of Contractor's employees and its subcontractors and for all work done. The Contractor's employees shall be United States citizens and /or legal residents. d. Contractor shall perform the work required pursuant to this Agreement under the direction of the Director. The Director may make inspections at any time and may request that the Contractor perform additional work or services to bring Contractor's performance to the level required by this agreement. Material Contractor shall submit to the Director, a list of all materials that the Contractor proposes to the use in the execution of this work. Said list shall be submitted before use of any product, pursuant to the provisions of this agreement. All materials used or submitted shall be in full compliance with all federal State County and local agency laws, guidelines and requirements. Recycling All waste (including construction and demolition materials) resulting from work performed under this contract shall be recycled. The Contractor will be responsible for the disposal of all non - recyclable waste in accordance with all applicable local, State 20D -8 and federal laws and regulations. A recycling and disposal plan must be submitted for approval prior to start of work. 8. General Maintenance and Clean -Up All trash and debris shall be removed from all worksites at the end of each day. The Contractor shall keep sidewalks and all paved areas in parkway swept and cleaned of any debris, dirt, or soil. 9. Emergency Service Contractor shall be able to receive and respond to the City's call for emergency service twenty -four (24) hours per day, seven (7) days per week. Response time shall be immediate but not more than two (2) hours to remove or eliminate a public safety hazard. Contractor shall provide the City with a local telephone number where Contractor can be contacted twenty -four (24) hours per day, seven (7) days per week. 20D -9 20D -10 On -Bill Financing Agreement This On -Bill Financing Agreement ( "OBF Agreement ") is entered into on 20_, (the "Effective Date ") by and between the undersigned customer ( "Customer ") and Southern California Edison Company ( "SCE ") (each a "Party," collectively the "Parties "). Recitals 1. Customer and SCE entered into the Energy Management Solutions Incentives Application for Business Customers on or about , 20_ and if applicable, the Customized Solutions Agreement (individually or collectively referred to as "EMS Agreement "), which is /are attached hereto and incorporated herein by reference. 2. Customer owns, leases or rents the property listed in the EMS Agreement as the Site and maintains a service account(s) with SCE for electric service. Customer has completed installation of eligible energy efficient equipment ( "Equipment ") at the Site as set forth in the EMS Agreement and has accepted the equipment as being operational and in good working order. 3. In Decision 09 -09 -047, the California Public Utilities Commission authorized SCE to provide zero - percent interest financing for the installation of certain energy efficient equipment, which is to be repaid over a specified period through the Customer's electric utility bill(s) ( "On -Bill Financing "). 4. Customer desires to enter into this OBF Agreement in order to participate in SCE's On -Bill Financing program and Customer agrees to repay SCE the Amount Financed (as defined under "Loan Terms ", below) through the Customer's SCE utility bill(s) pursuant to the terms and conditions of this OBF Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: Terms and Conditions Defined Terms: Except as the context otherwise requires, capitalized terms used in this OBF Agreement without definition shall have the same meanings as are set forth in the EMS Agreement. Amount Financed: Within thirty (30) days after the Effective Date, SCE will provide a payment for the Amount Financed to Customer or to a third -party payee designated by Customer under the Loan Terms, below. Customer's designation of a third -party payee may not be changed or revoked. Loan Terms: Amount Financed ( "Amount Financed" $ .00 Interest Rate: 0% Fees: 0 Months to Pay: First Month Payment Remaining Monthly Payments: $ Service Account to be Billed: Designated Third -Party Payee (if any): Address of Designated Third - Part Payee: If more than one Service Account will be billed, information regarding the Service Account number and monthly payment is included in Schedule A attached. Form 14 -792 Exhibit Z 05/2012 20D -11 Promise to Pay: Customer promises to pay SCE the Amount Financed in equal monthly installments as set forth in the section above and /or Schedule A (Customer's "Loan Obligation "). The first Monthly Payment of Customer's Loan Obligation will appear within sixty (60) days from the Effective Date on Customer's SCE utility bill(s) for the Service Account(s) listed above. Manner of Payment: Customer's Monthly Payment amount will appear as a line item labeled "EE /OBF Installment Charge" on the monthly SCE utility bill(s) for Customer's Service Account(s). Customer may pay the Loan Obligation in the monthly installments or pre -pay the Loan Obligation in one lump sum without penalty, but pre - payments for less than the remaining balance will not be allowed. Customer's Loan Obligation will appear on Customer's monthly SCE utility bill(s) for the number of months set forth above, or until the Loan Obligation is paid in full by Customer, whichever occurs first. Customer shall make payments to SCE as directed in the SCE utility bill(s). Partial Payments: If Customer is unable to make a full payment of the Loan Obligation in any given month, payment arrangements may be made at SCE's sole discretion. Any partial payments will be applied in equal proportion to the energy charges and the Loan Obligation, and Customer will be considered to be delinquent and in default of both the energy bill and the Loan Obligation. Late Payments: No late payment charges or interest will be assessed for delinquent payments on the Loan Obligation. However, SCE may assess late payment charges for delinquent payments of energy charges pursuant to SCE's Rule 9 which is incorporated herein by reference. Returned Payments: SCE may require payment of a $10.00 Returned Check Charge for any check returned from Customer's financial institution unpaid. The Returned Check Charge will also apply to any forms of payment that are subsequently dishonored. Discontinuance of Service: Amounts due under this OBF Agreement will be amounts deemed due under each SCE utility bill to the Customer's Service Account(s), and a default under this OBF Agreement will be treated as a default under the Customer's Service Account(s). Customer's Loan Obligation is subject to the discontinuance provisions of SCE's Rule 11, Discontinuance and Restoration of Service, Section B, Nonpayment of Bills or Summary Bills which is incorporated herein by reference. Breach and Acceleration: Any breach by Customer under the EMS Agreement or this OBF Agreement shall constitute a breach under all of the above referenced agreements. For purposes herein, SCE may determine the OBF Agreement to be breached and Customer to be in default if Customer: (1) sells, assigns or otherwise transfers ownership, possession or title of the Site or the Equipment, (2) fails to pay the Monthly Payment amount when due, (3) closes, discontinues or otherwise causes the termination of the Service Account(s), or (4) otherwise breaches this OBF Agreement and /or the EMS Agreement, and the breach is not cured as specified therein. Notwithstanding anything to the contrary in the EMS Agreement, a breach and default as set forth in this section shall not be subject to any additional cure period. Following a breach as set forth in this section, SCE shall have the right to declare the entire unpaid balance of the Loan Obligation immediately due and payable. Purchase Money Security Interest: Customer hereby agrees that SCE may, but is not obligated to, file a UCC -1 ('Financing Statement ") against the Equipment to secure Customer's obligation to repay the Amount Financed. Customer agrees to execute any and all documents in connection with the Financing Statement in order for SCE to perfect its security interest in the Equipment. Customer agrees that SCE is not waiving any of its rights of recovery as against the Customer should SCE elect to file a Financing Statement. Form 14 -792 2 05/2012 20D -12 Confession of Judgment: Customer irrevocably authorizes and empowers SCE and SCE's attorneys, upon breach and default by Customer as described in the preceding section, to appear in any state or federal court in Los Angeles County, California, as Customer's attorney -in -fact and confess judgment against Customer by entry of a confession of judgment pursuant to Code of Civil Procedure § 1132 et. seq., or by any other appropriate means, for the full amount due plus all costs of collection, including without limitation court costs and reasonable attorneys' fees. No single exercise of the foregoing power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as SCE may elect until all amounts owing under this OBF Agreement have been paid in full. Modification: Any change to this OBF Agreement must be in writing and signed by Customer and SCE; except that during any given month, if Customer is unable to make full payment on the Loan Obligation, payment arrangements may be made at SCE's sole discretion without modifying this OBF Agreement in writing. Any written modification or amendment will not be effective unless and until signed by SCE or such condition is waived by SCE in its sole and absolute discretion. Term and Termination: It is the Parties intent that the term of this OBF Agreement and the EMS Agreement run concurrently. Therefore, the OBF Agreement shall continue in effect until the Loan Obligation is paid in full. Assignment: Notwithstanding anything to the contrary in this OBF Agreement, Customer may not assign its rights or delegate its duties under the Agreement. Additional Representations: Each person signing this OBF Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute and deliver this OBF Agreement on behalf of Customer, and to perform their obligations under this OBF Agreement. Customer further represents and warrants that if it is a legal entity, it is in good standing in its state of formation. Miscellaneous: Except as otherwise specifically provided herein, all terms, provisions, covenants, representations, warranties, agreements and conditions of the EMS Agreement shall remain unchanged and in full force and effect. Should a conflict exist between this OBF Agreement, the EMS Agreement and the documents incorporated by reference, this OBF Agreement shall control. This OBF Agreement shall be construed and interpreted in accordance with, and shall be governed and enforced in all respects according to, the laws of the State of California. This OBF Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. If any one or more of the provisions contained in this OBF Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then this OBF Agreement shall be construed as if such invalid, illegal or unenforceable term or provision had never been contained herein and all other provisions of this OBF Agreement shall be construed to remain fully valid, enforceable and binding on the parties. The Recitals set forth above are hereby incorporated herein by reference. [Remainder of page intentionally left blank] Form 14 -792 0512012 20D -13 3 IN WITNESS WHEREOF, the Parties have executed this OBF Agreement as of the Effective Date. Customer: Authorized Representative: Southern California Edison Company: Authorized Representative: Title: Title: Signature: Signature: Date: Date: Business Address: Business Address: Telephone No. Telephone No. Fax No. Fax No. E -Mail Address: E -Mail Address: Form 14 -792 05/2012 20D -14 4 SCHEDULE A Customer Name: OBF Loan Number: Site Service Account Number OBF Billing Repayment Service Account Number 1' Monthly OBF Loan Payment Remaining Monthly OBF Loan Payments X -XXX- XXXX -XX X- XXX- XXXX -XX $XX.XX $XXX.XX per month for X months Total Monthly Repayment $XX.XX $XXX.XX per month for X months Form 14 -792 05/2012 20D -15 20D -16 Streetlight Location Summary FNENAddreSSNNWQuant1tv Alton/ Fairview 4 Bristol/ Memory Ln 4 Dyer/ Grand 4 Dyer/ Npt Frwy Nth Bnd 3 Main Street @ Sunflower Avenue 4 Lyon Street @ St. Andrew Place 4 Grand Avenue @ SR -55, S /B, Off -Ramp 3 Main Street @ Borchard Avenue Z Home Depot @ MacArthur Boulevard 3 Dyer @ Bike Trail (E. of Flower) Z Flower @ Bike Trail (S. of Dyer) z Newhope Street @ Hazard Ave 1 4 Pullman Street @ Warner Avenue Alona Street @ 17th Street I , Main Street @ Columbine Avenue I Boyd Way (Parking Struct) @ Civic Center Drive Baker Street @ Edinger I A ' Bristol Street @ Willits Street /Bishop Street I 4 ' EXHIBIT 3 Amend Agreement with Sierra Pacific for LED Streetlights 20D -17 20D -18 Sierra Pacific Agreement Typical Mast Arm Streetlight Exhibit 4 20D-19 20D -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2013 TITLE AGREEMENTS WITH POWERLUX CORPORATION TO PROVIDE LED POST TOP STREETLIGHTS AND SOUTHERN CALIFORNIA EDISON TO PROVIDE NO -COST FUNDING RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Direct the City Attorney to prepare and the City Manager and Clerk of the Council to execute the following agreements, subject to nonsubstantive changes approved by the City Manager and City Attorney: a) Powerlux Corporation to provide 354 LED Post Top Streetlights for an amount not to exceed $125,000. b) Southern California Edison to provide no -cost funding through On -Bill Financing for the LED streetlights. 2. Approve an appropriation adjustment recognizing $125,000 in funding from Southern California Edison into the Energy Conservation revenue account and appropriating the same amount to the Energy Conservation expenditure account for the installation of LED streetlights. DISCUSSION The recommended action will allow the City to install light- emitting diode (LED) Post Top Streetlights at several locations. Southern California Edison (SCE) is providing zero- percent- interest funding for these improvements through the On -Bill Financing (OBF) Program. Staff has had success with energy efficiency LED street lighting projects. In August 2011, the City Council awarded a pilot contract to install 253 LED streetlights on Main Street and Edinger Avenue. Then, in January 2012, City Council awarded another project involving the replacement of 1,123 LED lamps at traffic - signalized intersections. Staff has identified a new project to replace aging, inefficient Post Top streetlights at several locations. Financing for this project is being handled through the SCE OBF Program. The OBF Program provides zero - percent- interest financing for approved energy- reduction projects. The funds are repaid using energy bill savings over a short payback period. This financing mechanism 20E -1 Agreements with Powerlux Corporation and SCE to Provide and Fund Post Top LED Streetlights September 3, 2013 Page 2 has been used successfully on previous projects with projected paybacks of five years. A five -year payback period is also projected for this new streetlight project. On March 5, 2013, a Request for Proposals was posted on the City's website: 6 Proposals received 0 Proposals received from Santa Ana vendors' LED streetlights are a specialized industry. There are no qualified firms in Santa Ana producing or installing LED streetlights. One of the six proposals received was deemed nonresponsive. Five proposals met the eligibility criteria for OBF. Two lamp fixtures from each of the five responsive firms were installed and tested by City staff. The proposal evaluations were based on three factors: the ability of proposed fixtures to perform as specified; the proposer's experience, ability to perform, and past performance on similar projects; and the proposal base price. The final ranking is as follows: Rank Proposer Score 1 Powerlux 8.5 2 Siemans EPowerlux W$230,72O 4.3 3 California Professional Engineering .6 4 Lighting Technology Services .2 5 Pacific Winds Building I King 1 $253,2481 53.3 Based on the project cost of $124,598, SCE will provide $19,589 in energy efficiency incentives and $105,009 will be financed through the OBF Program. The financing and incentives have been rounded to $125,000 which matches the incentive maximum. The Installation of these LED streetlights will reduce the City's annual energy costs by approximately $24,725. The "Maria" fixtures proposed by Powerlux Corporation — the top -rated firm — produced an average energy savings of 69 percent compared to existing high - pressure sodium lamps. The Powerlux fixtures also provide more visible light than conventional streetlights and are expected to have a useful life of over 15 years. ENVIRONMENTAL IMPACT Installation of the LED streetlights will reduce the city's carbon footprint by approximately 125 metric tons of CO2. This reduction is the equivalent of removing 26.1 passenger vehicles from the road. 20E -2 Agreements with Powerlux Corporation and SCE to Provide and Fund Post Top LED Streetlights September 3, 2013 Page 3 FISCAL IMPACT Loan Proceeds received through the SCE OBF Program will be deposited in the Energy Conservation revenue account (No. 16217002 - 57384) and appropriated into the Energy Conservation expenditure account (No. 16217630 - 62300). Loan repayments are available in Account No. 01117630 - 62000. Edwin "William" Galy .E. Interim Executive Di ector Public Works Agency OEM 11 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Savings and Incentives Summary 2. Photo — Typical Post Top Streetlight 3. Location Maps 20E -3 20E -4 Savings and Incentives Summary Total Estimated Annual Energy Savings (kWh) Total Estimated SCE Energy Savings Incentives Total Amount Approved by SCE to be Financed with On -Bill Financing (OBF) Total Project Cost to be Financed by SCE Ana LED Eastside• 193 -12- 0500244683 Metered Lights de Neighborhood umber of fixtures 154 Nh Saved 89,779 .oject Cost Approved by SCE $88,550 ctimated SCE Incentive $9,876 BF Amount Approved by SCE $78,674 ; timated payback (years) 3.4 ana LED Streetlighting Main- Edinger* 353 -13- 0500377449 Metered Lights vay lights on Bristol umber of fixtures 140 Nh Saved 52,922 ,oject Cost Approved by SCE $25,572 ctimated SCE Incentive $4,816 BF Amount Approved by SCE $20,756 itimated payback (years) 7.1 Ana LED Broadway* 353 -13- 0500376816 Metered Lights way - Civic Center to Santa Clara umber of fixtures 60 Nh Saved 34,979 .oject Cost Approved by SCE $24,583 ; timated SCE Incentive $4,897 BF Amount Approved by SCE $19,686 ctimated payback (years) 3.4 EXHIBIT 1 Agreement with Powerlux for LED Streetlights 20E -5 177,679 $19,589 $119,117 $124,598 20E -6 Post Top Streetlight Photos Exhibit 2 Agreement with Powerlux for LED Streetlights 20E -7 20E -8 IN ILIA LEGEND ® PROJECT LIMITS Bristol Walkway Lights - STA ANA BLVD (4T�1 . -. -. +.------ -. -. -. 7 �I [ 1ST ST [ - .- .- .- .- . -�. -. --- - - - -.- - -1 -- I I IJ it �I I I I'c w I - - - - -- I I I I I I I I j j I I i I i j li 'I L--- -- -- - - -..._ c I — —� I .--- I �Il I i i L EXHIBIT 3 w J f m m I�tl MC FADDEN AVE I r I I L 1 I I I I I I I I I I I I -- I -- I I i - I I I I I I I I I I I I I I I � fk — 1 EDINGER AV SANTA ANA CITY COUNCIL I TITLE: AGREEMENT WITH � i AGENDA DATE POWERLUX CORPORATION TO P V SEPTEMBER 3, 2013 PROVIDE LED POST TOP �C» SSKr STREELIGHTS IN 103 Broadway Lights N \\ �\ SANTA CLARA A \\ I I � i I \ Q 3 D a 0 m m �I�II FIF LEGEND ® PROJECT LIMITS -JL nl__ TH ST U h — EXHIBIT 3 FII SANTA ANA CITY COUNCIL I TITLE: AGREEMENT WITH P AGENDA DATE POWERLUX CORPORATION TO W A P W A SEPTEMBER 3, 2013 PROVIDE LED POST TOP me emsXEt STREELIGHTS 2OF4 LEGEND ® PROJECT LIMITS 103 Eastside Neighborhood �676QIBNi� 11 ►1 ►� ►� UI 10 ► 41 J >�C�O�Cu�io�i �2 �J���i ��'t. ���slc�s� � ?�: 3��y'►iJd. ®I,1■ j� �I j ��T�Y �C 7 S'7Y.Q:: �Y:�::ikN�.lw} .yl JA -• ►1 fl IA 1 1 1 ��■1 1 1 II���III ►� // ►1 EXHIBIT 3 SANTA ANA CITY COUNCIL TITLE: AGREEMENT WITH P W A AGENDA DATE POWERLUX CORPORATION TO SEPTEMBER 3, 2013 PROVIDE LED POST TOP MLK MS XE1 STREELIGHTS 30F4 IN r.as T -- I� Santiago Lofts LEGEND PROJECT LIMITS J! \ L 9 \ \ 1d►� i 9Q6 VL Ns \ \ N 1 EXHIBIT 3 SANTA ANA CITY COUNCIL TITLE: AGREEMENT WITH f"W1 AGENDA DATE POWERLUX CORPORATION TO P V SEPTEMBER 3, 2013 PROVIDE LED POST TOP �c S KV STREELIGHTS OF4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER3, 2013 TITLE: CONTRACT AWARD TO HAAKER EQUIPMENT CO. FOR SEWER INSPECTION CAMERA AND IGHTING SYSTEM (SPE01 PO-1 3-044) AV RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2ntlReading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO Award a contract to Haaker Equipment Co. for a sewer inspection camera and lighting systemin an amount not to exceed $53,400, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Sewer Maintenance Division staff performs ongoing assessment of the City'ssewer infrastructure. Illumination continues to be a limiting factor when inspecting sewer mains as confined space of pipes leave little room for lighting equipment. The QuickView Haloptic zoom camera system manufactured by Envirosight offers the latest technology in underground utility assessment. The new design doubles inspection range, eliminates the need for continual camera realignment and delivers up to 20 times more light than staff's current equipment. The camera and lighting system will help to evaluatepipelines and manholes from street level thereby eliminating the need for confined -space entry. The system may also aide to evaluate storm pipe conditions with minimal exposure to traffic. Haaker Equipment Co. is the sole authorized dealer for Envirosight equipment in Southern California. The Pelican remote area lighting system is the recommended lighting equipment for the QuickView Haloptic zoom camera. Haaker Equipment Co. offers a discounted price on the lighting equipment with the purchase of the QuickView zoom camera. Staff recommends Council approval of the recommended action. 22A -1 Contract Award for Sewer Camera and Lighting System September 3, 2013 Page 2 FISCAL IMPACT Funds are available in the Public Works Sanitary Sewer Service account (no. 05617640 - 66400). APPROVED AS TO FUNDS AND ACCOUNTS: Edwin "William" Galy .E. Francisco Gutierrez InterimExecutive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency AF /sp 22Q -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2013 TITLE: CONTRACT AWARD TO WONDRIES FLEET GROUP FOR TWO POLICE PATROL VEHICI ES(SPEC. NO. 13 -040) ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I"Reading ❑ Ordinance on 2n'Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Wondries Fleet Group, under the Cooperative Purchase Provision of the County of Los Angeles, for the purchase of two Police patrol vehicles in the amount of $59,000, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana Police Department operates 104 Ford Crown Victoria sedans of which 93 are utilized in patrol. City patrol vehicles operate a minimum of 8 to 12 hours per day often on double shifts and under high stress conditions. Given the extensive use of these vehicles, the Finance and Management Services Agency Fleet Maintenance Division adopted an equipment replacement schedule of 80,000 miles or four years of service. Historically, the Ford Crown Victoria has been the Police Department's model of choice for patrol cars. Since Ford phased out production of the Crown Victoria in 2012, the Police Department in coordination with the Fleet Maintenance Division evaluated alternative replacement vehicles. As part of the evaluation process, staff has recommended the purchase and field testing one Ford Interceptor sedan and one Ford Utility Police Interceptor. These two new vehicles will replace a 2006 Dodge Magnum and a 2008 Ford Crown Victoria which have reached their end of lifecycle. In addition, the new vehicles will conform to the City's five -year Alternative Energy Plan to convert 85 percent of the City fleet to alternative energy such as biodiesel and ethanol (E -85) to reduce City's carbon footprint and greenhouse gas emissions within the community. E -85 is a fuel blend consisting of 85 percent ethanol and 15 percent gasoline resulting in a ten percent savings over the purchase of gasoline. As outlined in the plan, new patrol cars will be flex -fuel vehicles with the ability to run on either gasoline or E -85, or a combination of both. Santa Ana Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The Los Angeles County Sheriff contract with Wondries Fleet Group for Sheriff vehicles was awarded as a result of open, competitive bidding, and meets City's requirements. 22B -1 Contract Award for Two September 3, 2013 Page 2 FISCAL IMPACT Police Patrol Vehicles Funds are available in the Equipment Replacement Machinery & Equipment account (no. 07510101-66400). Carlos Rojas Acting Chief of Police Police Department WN /sp APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance & Management Services Agency JM 22B -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2013 TITLE: CONTRACT RENEWAL TO SVM, LP FOR PREPAID GASOLINE CARDS RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: I_1»CA��Iq� ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 171��R�L�ill�:� Renew the contract with SVM, LP for the purchase of prepaid gasoline cards for a one -year period in the annual amount not to exceed $35,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Community Development Agency's Santa Ana W /O /R/K Center manages several programs including the Workforce Investment Act (WIA). Participant clients are offered supportive services including gasoline vouchers to facilitate their ability to find and retain employment. The prepaid gasoline -only card program enables clients to purchase competitively priced gasoline at their local neighborhood gas stations as opposed to a single station. Gasoline cards have been approved as an eligible expense under guidelines of the WIA grants. Annually, the W /O /R/K Center issues over 400 prepaid gasoline cards in the amount of $50 to its participates. On December 9, 2009, the City Council awarded a contract to SVM, LP for a two -year period with provision for two one -year renewals. As the vendor has performed satisfactorily during the past contract period, staff recommends the second renewal of the contract. FISCAL IMPACT Funds in the amount of $30,000 are available in the Community Development W /O /R/K Center accounts One Stop Program (12318751- 69143), WIA Adult 09 -10 (no. 12318753 - 69143), WIA Dislocated Worker 09 -10 (no. 12318754 - 69143). Nancy Fong Acting Executiv Dlrec or Community Development Agency EG APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt Services Agency 22C -7 22C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2013 TITLE: CONTRACT AWARD TO GOVPLACE FOR HP SERVERS & ST RAGE (SPEC. NO. 13-P37) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: rMT20im • ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n6 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO �1��►l�L�l:3q:1 Award a contract to Govplace for the purchase of HP servers & storage, in the amount not to exceed $267,100, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana Police Department and City Hall Data Centers house and operate 105 physical computer servers and 155 virtual servers. Collectively these servers host over 50 departmental computer applications such as Computer -Aided Dispatch, ProLaw, and Class. Currently nine servers have reached their end of life and no longer meet operational capacity and are incompatible with virtualization software. Staff recommends the replacement of four servers in the Police Department and five servers in City Hall to add data storage capacity and improved performance which are critical to operational needs. In addition, the new servers will support the virtual infrastructure which enables each physical server to support multiple virtual servers. The notice inviting bids was advertised on July 25, 2013 and bids were solicited. A summary of the bid invitations and bids received is as follows: 7 Invitations For Bid emailed 1 Bid received 22D -1 Contract Award for HP Servers & Storage September 3, 2013 Page 2 The bid was received and opened on August 5, 2013. The bid received from Govplace is responsive to the specification and meets the City's requirements. Staff recommends the award of the contract to Govplace. FISCAL IMPACT Funds are available in the Finance Information Systems Strategic Plan account (no. 10910147- 66400). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez cp- Executive Director Finance & Mgt. Services Agency EG 22D -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2013 TITLE: CONTRACT AWARD TO HD SUPPLY WATERVYORKS FOR WATER SAMPLIOG STATIONS (SPEC. NO. 13-0,89) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 029004k ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 "Reading ❑ Ordinance on 2ndReading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to HD Supply Waterworks for water sampling stations in an amount not to exceed $31,600, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Water Quality Regulations established by the California Department of Public Health and the United States Environmental Protection Agency require that all public water systems have an approved water quality monitoring plan that specifically designates the locations where water quality samples are collected. There City's Public Works Agency currently has 50 water quality sampling stations throughout the City's water distribution system. Water samples are collected from all 50 sites to determine compliance with established water quality regulation. Over time, the existing sample stations have deteriorated and have become difficult to secure. In order to maintain the integrity of the water samples collected and avoid any possible contamination, these sampling stations will need to be replaced. The Public Works Water Resources Division tested various models of sampling stations and determined that the Eclipse Kupferle sampling stations meets the mandated water sampling requirements. The notice inviting bids was advertised July 31, 2013, and bids were solicited. A summary of the bid invitations and bids received is as follows: 3 Invitations For Bid mailed 1 Invitation for Bid mailed to a Santa Ana vendor 3 Bids received 1 Bid received from a Santa Ana vendor Bids were received, opened on August 9, 2013, and evaluated (Exhibit 1). As the bid from HD Supply Waterworks, a Santa Ana vendor, is responsive to the specifications and meets the City's requirements, staff recommends the selection of this vendor. 22E -1 Contract Award for Water Sampling Stations September 3, 2013 Page 2 FISCAL IMPACT Funds are available in the Public Works Water Quality and Measurement account (no. 06017644- 63001). - Cc Edwin "William" G ez, P.E. Interim Executive Director Public Works Agency NS /sp APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22E -2 ABSTRACT OF BIDS WATER SAMPLING STATIONS (SPEC. NO. 13 -039) HD Supply Bidder Waterworks Location Santa Ana, CA Delivery 20 days Bid Total $31,536.00 * $315.36 $31,220.64 * 1 % Local Vendor Preference John C. Kupferle The B.E.S.T. Foundry Company Meter Co. St. Louis, MO Covina, CA 14 - 21 days 4 - 6 weeks $42,586.50 $38,969.91 EXHIBIT 1 22E -3 22E -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2013 TITLE: AGREEMENT WITH WESLEY A. BOSCH RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 n 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 Wesley A. Bosch to provide assessment and counseling services in the amount of $90,000 for the period of October 1, 2013 through June 30, 2014, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On July 22, 2013, the Santa Ana WORK Center (SAWC) released a Request for Proposal (RFQ), BID Number 13 -034, for consultants to provide assessment services to training participants as required by the Workforce Investment Act (WIA). Services provided to residents enrolled in WIA programs would also include career guidance, assistance with goal setting, and counseling to resolve personal and /or family issues that may be interfering with reemployment or training efforts. The RFQ was released to five consultants and Mr. Wesley A. Bosch was the only consultant that responded and submitted a proposal. After review, staff determined that it met the desired qualification requirements. A cost analysis was conducted to determine that service costs were reasonable, thus staff recommends that a contract with Mr. Bosch be approved to provide services to SAWC clients. FISCAL IMPACT Funds will be available in the One Stop program account (no. 12318751), the One Stop Adult account (no. 12318753), and the One Stop Dislocated Worker account (no. 12318754). 25A -1 Agreement —Wesley A. Bosch September 3, 2013 Page 2 Interim Exec#tive Director Community [Development Agency NF /SDG /CR/SV Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: "4mSMi "CA__�:!_ Francisco Gutierrez Executive Director Finance & Management Services Agency 25A -2 Exhibit 1 AGREEMENT WITH WESLEY A. BOSCH, M.A. UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this 1" day of October, 2013, by and between Wesley A. Bosch, M.A., hereinafter referred to as "CONSULTANT', and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY ". W- I- T- N- E- S- S -E -T -H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105 -220 ( "the Act'). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged adults and youth for entry into the labor market and to provide job training to those individuals who are economically disadvantaged or otherwise face serious barriers in obtaining productive employment. One goal of California's Workforce Investment System is to provide individuals with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONSULTANT is experienced in providing assessment and career counseling for economically disadvantaged adults and youth for entry into the labor market ('said program "). E. CONSULTANT is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: TIME PERIOD OF AGREEMENT This Agreement shall commence as of October 1, 2013 and all services to be performed pursuant to this Agreement shall be completed on or before June 30, 2014. The term of this Agreement may be extended by a writing executed by the Executive Director of the Community Development Agency, or her designee, and the City Attorney. 25A -3 2. INDEPENDENT CONTRACTOR CONSULTANT agrees that CONSULTANT is an independent contractor and not an employee of CITY and all of CONSULTANT'S personnel shall be employees of CONSULTANT and not employees of the CITY. CONSULTANT shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance and wages, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. CONSULTANT shall not subcontract any of the services required hereunder without the prior written approval of the CITY. SCOPE OF SERVICES For and in consideration of the hereinafter stated payment by CITY to CONSULTANT, CONSULTANT agrees to perform, at its own cost and expense except for the compensation specified in this Agreement, the services specified in the Scope of Work attached hereto and incorporated herein as Exhibit A to this Agreement. 4. CONSULTANT OBLIGATIONS A. CONSULTANT agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONSULTANT'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. B. CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of CONSULTANT'S activities, performance, books, documents, papers, and records of CONSULTANT, subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONSULTANT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONSULTANT does not make the above - referenced documents available within the City of Santa Ana, California, CONSULTANT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONSULTANT and all documents related to this Agreement shall be kept available at CONSULTANT'S office or place of business for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the 25A -4 United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. C. Without prejudice to any other section of this Agreement, CONSULTANT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONSULTANT agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONSULTANT, costs incurred and services rendered hereunder. D. CONSULTANT agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONSULTANT also agrees to provide at CONSULTANT'S own expense supplies and other costs of said PROGRAM. E. CONSULTANT shall comply with the provisions of 48 CFR, Chapter 1, Parts 1 -31.2, for commercial organizations and all other applicable federal statutes and executive orders and their implementing regulations. F. CONSULTANT shall comply with the provisions of E.O. 12549 and 12689, requiring compliance with the debarment and suspension requirements contained in 29 CFR Part 98. G. CONSULTANT shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONSULTANT shall sign a certification to that effect in a form as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. CONSULTANT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONSULTANT under the terms and conditions of this Agreement. H. CONSULTANT agrees to provide a drug -free work place and to execute a certification as set forth in "Exhibit C" attached hereto and incorporated herein by this reference. I. CONSULTANT, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). 3 25A -5 J. CONSULTANT agrees to comply with Title VI of the Civil Rights Act of 1964, and provisions of WIA Section 188, as well as Equal Employment Opportunity provisions in Executive Order ( "EO ") 11246, as amended by EO 11375, and supplemented by the requirements of 41 CFR Part 60. Section 188 ensures nondiscrimination and equal opportunity for various categories of persons, including persons with disabilities, who apply for and participate in programs and activities operated by recipients of WIA assistance. EO 11246 specifically prohibits federal contractors and subcontractors and federally assisted construction contractors, subcontractors or subgrantees that have contracts that exceed $10,000 from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. All covered contractors must take affirmative action to ensure that equal opportunity is provided in all aspects of their employment. 5. APPLICABLE GUIDELINES A. The parties hereto agree that CONSULTANT shall comply with all applicable federal and state laws and regulations, including but not limited to the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONSULTANT also assures and certifies that: 1. CONSULTANT shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 2. CONSULTANT shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the Santa Ana Local Workforce Investment Area's Board, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three -year period from and after the effective date of this Agreement. 3. No person with responsibilities in the operation of any program under the Workforce Investment Act grant shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 4. CONSULTANT shall maintain appropriate standards for health and safety in work and transportation situations. 5. CONSULTANT shall comply with general provisions, assurances, and certifications attached hereto as 'Exhibit D" and incorporated herein. 6. Any literature distributed by CONSULTANT for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer /program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 4 25A -6 7. CONSULTANT certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased by the CONSULTANT under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the CONSULTANT by the CITY and/or purchased by the CONSULTANT with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, CONSULTANT will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 8. CONSULTANT certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 9. If the grant hereunder exceeds $100,000, CONSULTANT shall be in compliance with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Enviromnental Protection Agency ( "EPA ") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONSULTANT assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. 10. CONSULTANT may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. The Federal awarding agency(ies) reserve a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so. 11. CONSULTANT is subject to applicable regulations governing patents and inventions, including government -wide regulations issued by the Department of Commerce at 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements." 12. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the CONSULTANT must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and 25A -7 the size and concentration of the population that needs services or information in a language other than English. 6. COMPENSATION CITY agrees to pay, and CONSULTANT agrees to accept for said services, total compensation in the amount not to exceed Ninety Thousand Dollars ($90,000.00) in accordance with Exhibit A. CONSULTANT will submit a detailed monthly invoice evidencing services performed. Payment by the CITY shall be within 30 days following receipt of said invoice, subject to CITY accounting procedures. CONSULTANT acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONSULTANT. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and /or reimbursement of costs incurred hereunder. MISCELLANEOUS PROVISIONS A. CONSULTANT covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required hereunder. B. CONSULTANT certifies that it will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or age, in compliance with Title VII of the Civil Rights Act of 1964 (P.L. 83 -354) and Government Code 12900, et seq. 8. HOLD HARMLESS CLAUSE CONSULTANT agrees to indemnify, defend and hold harmless CITY, its officers, agents, employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons arising out acts or omissions of CONSULTANT or of any approved subcontractor or of the officers, agents, employees of CONSULTANT or of its subcontractors in the performance of this Agreement. 9. INSURANCE CONSULTANT shall obtain and maintain for the entire term of this Agreement comprehensive professional public liability insurance, in companies acceptable to the City, authorized to issue such insurance in the State of California. Said insurance shall consist of the following: a. Commercial General Liability Insurance. CONSULTANT agrees to obtain and keep in force during the term of this Agreement a policy of commercial general liability insurance insuring the CITY and CONSULTANT against any liability for accident, injury or death arising out of or related to this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or 25A -8 death of any person or persons in any single accident or occurrence. Said policy of liability insurance shall be endorsed to provide to CITY at least thirty (30) days written notice prior to cancellation and shall name the CITY as additionally insured with primary coverage. b. 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. CONSULTANT agrees to comply with such provisions before commencing the performance of the work under this Agreement. c. Sexual Abuse & Molestation Insurance Coverage. To maintain a safe environment, CONSULTANT must provide proof of Sexual Abuse & Molestation insurance coverage of at least $1,000,000. d. The following requirements apply to the insurance to be provided by CONSULTANT pursuant to paragraph a., above: 1. A certificate of insurance, to be approved in form by the City Attorney, shall be furnished to the City within 30 days of the execution of this Agreement. 2. 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. 3. 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 affect CONSULTANT's right to be paid for its time and materials expended prior to notification of termination. 10. TERMINATION This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONSULTANT may not terminate this Agreement if undue hardship will result to any participant. 11. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONSULTANT. The decision of the CITY shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONSULTANT written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of 25A -9 the appeal, CONSULTANT shall act in accordance with CITY's decision unless the dispute involves a change order. 12. BREACH - SANCTIONS If, through any cause, CONSULTANT violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by CONSULTANT pursuant to this Agreement, or if CONSULTANT reports inaccurately or if any Audit Report makes disallowances, CONSULTANT shall promptly remedy its acts or omissions and /or repay CITY all amounts due CITY as a result of CONSULTANT's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONSULTANT fulfills its obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONSULTANT has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONSULTANT of such termination in accordance the notice provision contained below. 13. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: To CITY: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 With courtesy copy to: Santa Ana Work Center 1000 E. Santa Ana Blvd., 4200 Santa Ana, CA 92701 Telefacsimile (714) 565 -2602 To CONSULTANT: Wesley A. Bosch 24001 Muirlands Blvd., #331 Lake Forest, CA 92630 Telefacsimile (714) 565 -2602 25A -10 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: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney CITY OF SANTA ANA Kevin O'Rourke Interim City Manager CONSULTANT: Wesley A. Bosch, M.A. Tax ID # /SS #: 25A -11 Scope of Work Counseling & Assessment Services Proposer: Wesley A. Bosch, MA, MFT Contact Name: Wesley A. Bosch, MA, MFI' Address: 24001 Muirlands Blvd., #331 Lake Forest, CA 92630 Email: WboschMFI@-Fmaii.com Telephone: 714- 565 -2648 949- 357 -4207 Fax: 714- 565 -2602 EIN 27- 1104989 Counseling License: MFC16179 Brief The services I have and would provide at the Santa Ana WORK Center (SAWC) are Description of three primary types: of Services: • Professional Counseling to assist with personal, relationship and /or family concerns • Career/ Vocational Assessment and Counseling • Additionally, staff consultation and support regarding customer issues and problem management The Professional Counseling is provided to address personal concerns ranging from job loss grief, low self- esteem and ego strength/coping skills, to stress management difficulty, relationship /family stress, to clinical depression and anxiety. • Educational, supportive and cognitive- behavior clinical interventions • Individual counseling that may involve single or multiple appointments over time in a confidential setting • Couples or family counseling when identified as potentially helpful • Group counseling or workshops may be conducted according to the need and commonality of concerns • Referral to relevant professionals, agencies, and resources as needed The Vocational Assessment and Counseling to assist in determining appropriateness of or readiness for vocational training, what career areas, and training and /or employability issues. • A two -day process involving administration of a multiple battery of assessment instruments related to vocational interests, work values, personality type, abilities/ aptitudes, basic skills (the TABE), and transferable skills along with a separate individual interpretation/ counseling consultation • A formal written report for referring case manager along with consultation • Basic Skills testing using the TABE for prescreening or retesting • Career counseling for customers with uncertain goal direction Fees for Hourly fee: $45 (except for vocational assessments) Services: Vocational Assessments charge: 15 or more (total) per calendar month: $200 - Full; $160 - Modified 14 or less (total) per calendar month: $225 - Full; $175 - Modified The fees and charges for all services would not exceed $90,000 in a fiscal year. 2SA -14 2 Page 1 of 3 Wesley A. Bosch, M.A. August 5, 2013 Description of Services The services I have and would provide to customers at the Santa Ana WORK Center (SAWC) are of three primary types: Professional Counseling to assist with personal, relationship and /or family concerns, and Career/ Vocational Assessment and Counseling. Additionally, staff consultation and support regarding customer issues and problem management would be provided. The Professional Counseling is provided to address various personal concerns, which may include: Job loss grief, loss of self - esteem, diminished ego strength /coping skills, impaired stress management from economic uncertainty and other problems, changes in self - perception, hopelessness and despair, frustration and other effects from ongoing job search, adverse effects on family or significant others, reduction of supportive relationships, coping with disability, the exacerbation of underlying emotional and /or behavior disorders, clinical depression, suicidal ideation and risk, anxiety, substance abuse, and career direction uncertainty. Both educational and clinical interventions would be used, as appropriate. The primary modality would be individual counseling that may involve single or multiple appointments over time in a confidential setting. Involvement of family or significant others would occur when identified as potentially helpful. Group counseling or workshops may be conducted according to the need and commonality of concerns. Referral to relevant professionals, agencies, and resources would be made as appropriate with follow -up regarding progress and outcome. The Vocational Assessment and Counseling is a tool to assist case managers and customers in determining the appropriateness of or readiness for vocational training, the career/ training areas customers appear to match up well with, and identification of other issues (barriers) that may affect their potential success in training and /or employability. Usually a two -day process, a multiple battery of assessment instruments related to vocational interests, work values, personality type, abilities/ aptitudes, basic skills (the TABE), and transferable skills would be administered, with a separate individual interpretation /counseling consultation. A primary occupational/ training goal and alternative potential paths to employment are collaboratively developed. A formal report is written of the findings and delivered to the case manager along with consultation, as needed. Basic Skills testing using the TABE would also be available separately, per case manager request, for purposes of potential training prescreening or retesting following remedial study. Career counseling is provided for customers who are unclear about their vocational and educational goals. NA'113 Page 2 of 3 Wesley A. Bosch, M.A. August 5, 2013 Fee Schedule and Costs Hourly fee: $45 (except for vocational assessments) Vocational Assessments charge: 15 or more (total) per calendar month: $200 - Full; $160 - Modified 14 or less (total) per calendar month: $225 - Full; $175 - Modified The fees and charges for all services and costs would not exceed $90,000 in a fiscal year. Potential activities and services for the purpose of or related to counseling and /or assessment and testing qualifying for billed time includes: • Direct customer contact, whether in individual, group, workshop, or Resource Center settings, contact by telephone, casual encounter at the SAWC or at the job site when related to assigned services • Contact with customer family, members of their support system, employer, or other resources or professionals • Researching, contacting, or arranging referrals or resources for outside services or support not provided by myself or that is outside the scope of my license, training, and /or experience • Documentation and other administrative activities • Communication with SAWC staff or outside resource persons • Preparation time for direct client contact, such as review of files, handout development, reviewing and /or obtaining reference or resource material, assessment/ testing material acquisition and organization, material reproduction, and consultation with staff • Onsite standby time (minimal) providing availability to walk -ins, and new client introduction and scheduling • Visitations to resources and agencies utilized or potentially utilized in the service of the customer Reimbursement at cost would be expected for any material that might be obtained for customer use, such as vocational assessment instruments, pamphlets, handouts, reference books, videotapes, software, or other related resource material obtained with prior SAWC management approval. 2"VWAI14 Page 3 of 3 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS and COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure. Grantee /Contractor Organization Signature Name of Certifying Official Signature Date EXHIBIT B 25A -15 Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. EXHIBIT C 25A -16 Pg. 2 (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. Organization Authorized Signature Date EXHIBIT C 25A -17 DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Name of Contractor: Contractor Number: Date: The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): EXHIBIT C 25A -18 ASSURANCES Subcontractor agrees that in addition to those agreements and obligations specified in the contract boilerplate and scope of work, it will also adhere to and obey the following provisions, assurances, and certifications. ARTICLES Subcontractor assures and certifies that it will not use any funds appropriated under this agreement for religious activity or anti - religious activity, or to promote or oppose any political candidate, parties, and /or beliefs 2. Subcontractor assures and certifies that any requested modification to this agreement must be submitted in writing, explaining requested changes and rationale. Subcontractor further assures that no modification will be implemented without prior written approval from the Santa Ana WORK Center 3. Subcontractor agrees to cooperate with any monitoring inspection audit or investigations of activities related to this agreement as may be scheduled and conducted by the Santa Ana WORK Center 4. Subcontractor agrees to acknowledge (give credit to) the Santa Ana WORK Center in all oral presentations, written document publicity, and advertisements regarding any activities that ensue from this agreement. f *CIt71111117 25A -19 25A -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2013 TITLE: AMENDMENT TO AGREEMENT WITH NARANJO LAN SCAPE, INC., FOR ANNUAL WE AND DEBRIS REMOVAL SERVICES Z RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: UTIJU-091wo ❑ As Recommended ❑ As Amended [I Ordinance on 1" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO Ia19:8ON If] A11.1 :1 Z Authorize the City Manager and Clerk of the Council to execute a second amendment to the agreement with Naranjo Landscape, Inc., to provide weed and debris removal services for an amount not to exceed $190,000 through August 31, 2014, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The recommended action will allow the City to continue weed and debris removal services from public and private properties for one year. The Public Works Agency Maintenance Services Division is responsible for maintaining over 100 vacant lots, easements, and storm drain channels. Removing the weeds and debris enhances the safety and appearance of these areas. On October 3, 2011, the City entered into an agreement with Naranjo Landscape, Inc., for a one - year term with provision for 3 one -year renewals. Naranjo Landscape, Inc., has been diligent in addressing its work plan in detail, has exceeded acceptable levels of service, and has agreed to renew the contract with no increase in pricing. Therefore, it is recommended that the second renewal to the agreement be approved. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25B -1 Amendment to Agreement for Annual September 3, 2013 Page 2 FISCAL IMPACT Weed and Debris Removal Services Funds are available in the Sanitation Enterprise, Federal Clean Water Protection Enterprise, Community Development Agency Downtown Maintenance, Successor Housing Agency, Successor Housing Agency Capital Projects, and Redevelopment Obligation Retirement funds (Account Numbers 06817640 - 62300, 05717640 - 62300, 40718842 - 62300, 60718810 - 62300, 60718830 - 66220, and 67118021- 62300). Interim Executiv &(Dire Public Works Agency Nancy Fon( Interim Exe Community EW G /PG APPROVED AS TO FUNDS AND ACCOUNTS: �cre1orA- P.E. Francisco Gutierrez SK )r Executive Director Finance & Management Services Agency Agency Exhibit: 1. Second Amendment to Agreement with Naranjo Landscape, Inc. 25B -2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on September 3, 2013, by and between Naranjo Landscape, Inc., a California corporation (hereinafter "Consultant ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS: A. The parties entered into Agreement #A- 2011 -229, dated October 3, 2011, (hereinafter "said Agreement ") by which Consultant has provided weed and debris removal services. B. The City exercised its first option to extend on September 4, 2012. C. In accordance with the terms and conditions of said Agreement, the City wishes to exercise the second option to extend and increase compensation to pay for services during extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 2, COMPENSATION, shall be amended to increase compensation to an amount not to exceed $190,000.00, to pay for weed and debris removal services during the term from September 1, 2013 through August 31, 2014. 2. Section 3, TERM, shall be extended for an additional one -year period, through August 31, 2014. The term of this Agreement may be extended for an additional one -year term at the City's option, evidenced by a writing executed by the City Manager and the City Attorney. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. /// 25B -3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura Sheedy Assistant City Attorney RECOMMEND FOR APPROVAL: EDWIN "WILLIAM" GALVEZ, P.E. Interim Executive Director Public Works Agency CITY OF SANTA ANA KEVIN O'ROURKE Interim City Manager NARANJO LANDSCAPE, INC. Name: Title: 25B -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2013 TITLE: AGREEMENT WITH TRANSDYN, INC., FOR UPGRADE OF SUP RVISORY CONTROL AND DATA ACQ�TION SYSTEM SOFTWARE AN SYSTEM MAINTENANCE MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 0=1619211101 ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading El Ordinance on 2 I Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Transdyn, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide hardware and software upgrades to the Supervisory Control and Data Acquisition system for the City's water production facilities, in an amount not to exceed $100,000. DISCUSSION This recommended action will upgrade the Supervisory Control and Data Acquisition ( SCADA) system hardware and software, which is critical to the continued operation and monitoring of the City's water wells and pump stations. The software is proprietary to Transdyn, Inc., and it is the only vendor that can provide that service for the City. The Public Works Agency's Water Resources Division operates 22 active water wells and 7 water pumping stations to supply the city's drinking water. These facilities are controlled by the SCADA system. PWA staff can remotely operate the wells, pumps, and reservoirs using the programmable controllers at each water production site to communicate with a central computer system located at the City Corporate Yard. The SCADA system was installed by Transdyn, Inc. in 1992. The only previous upgrade was in 2000. The central computer servers are aging past their useful life expectancy and are obsolete. The proposed upgrades would include installation of a new central computer server that connects via radio signals with all of the City's water production facilities, 24 hours a day, 7 days a week. This level of uninterrupted communication is vital in providing residents with high - quality water and minimal downtime in case of emergencies. 25C -1 Agreement with Transdyn, Inc., for Upgrade of SCADA Software September 3, 2013 Page 2 The system is designed to generate alarms through a short messaging service that identifies pump, well, or electrical irregularities in the City's water production system. As a fail -safe to further guarantee system reliability, the proposed upgrade will install a parallel computer server. In the event of a system hardware fault, all SCADA controls will be transferred to the stand -by server, ensuring no loss of data or communication from each site. Also included in the proposed upgrades is the annual maintenance agreement that provides telephone support, system training, and as- needed, on -site support for hardware- or software- related issues that cannot be solved through telephone or internet assistance. Staff recommends that Transdyn, Inc., be retained to provide the required upgrades and system maintenance for a continued reliable system. The company has been extremely responsive and has provided excellent service to the City. FISCAL IMPACT Funds are available in the Water Production & Supply account (No. 06017640 - 62300). dwin "William" Ga vez, P.E. Interim Executive Director Public Works Agency EW G /NS /RR Exhibit: 1. Agreement with Transdyn, Inc. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez /� Executive Director I('�' Finance & Management Services Agency 25C -2 CONTRACTOR AGREEMENT THIS AGREEMENT, made and entered into this 3`d day of September, 2013 by and between Transdyn, Inc., a Delaware corporation (hereinafter "Contractor "), 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 to provide preventive software maintenance for the servers and workstations of the City's Water Supervisory Control and Data Acquisition System (hereinafter "SCADA "). B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor 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: SCOPE OF SERVICES A. Contractor shall provide software maintenance and support for the City's Water SCADA System servers and workstations, as set forth Contractor's Proposal - Software Maintenance dated July 3, 2013, attached hereto as Exhibit A and incorporated by reference. B. Contractor shall provide hardware and integration services required to upgrade City SCADA Server, as set forth in Contractor's Proposal - DYNACO SCADA System Server and Software Upgrade, attached hereto as Exhibit B and incorporated by reference. C. Contractor shall provide hardware and software support on an on -call basis. Such support shall be provided at the written request of the Executive Director of Public Works or his designated representative. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for all services provided pursuant to this Agreement, an amount not to exceed $100,000 during the term of this Agreement. Such services shall be provided at the following rates and charges: i. Software support and maintenance services shall be provided for an annual fee of $20,000, payable within thirty (30) days of execution of this Agreement. 25C -3 ii. SCADA server upgrade and integration services shall be completed for a total amount not to exceed $48,000. iii. On call hardware and software support shall be provided at the rates set forth in Exhibit C, Transdyn Professional and Support Services. The total sum to be expended for on -call support under this Agreement shall not exceed $25,000. 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. 3. TERM Notwithstanding the date of execution of this Agreement, performance of services under this Agreement shall commence on July I, 2013 and continue through June 30, 2014, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Due to the nature of services provided, Commercial General Liability insurance is not required. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor 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, Contractor 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. 25C -4 C. 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. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability 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, to the extent such claims may arise from the operations of the Contractor 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. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor 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. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Public Works Agency — Water Division City of Santa Ana 220 South Daisy Avenue Santa Ana, CA 92703 25C -5 telefacsimile (714) 647 -3378 To Contractor: Transdyn, Inc. David Gumpel, Regional Manager 4256 Hacienda Drive, Ste. 100 Pleasanton, CA 94588 Telefacsimile (925) 225 -1610 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Contractor 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. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor 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 Contractor consents to the City's use thereof for such purposes as the City deems appropriate. 25C -6 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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. 15. PROFESSIONAL LICENSES Contractor 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. Contractor 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. 16. 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25C -7 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 KEVIN O'ROURKE Clerk of the Council Interim City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL TRANSDYN, INC. EDWIN "WILLIAM" GALVEZ, P.E. Interim Executive Director Public Works Agency 25C -8 DAVID GUMPEL Regional Manager EXHIBIT A TRANSDYN CONTROLS' DYNAC SCADA SYSTEM MAINTENANCE AND SERVICE CONTRACT JULY 3, 2013 25C -9 /0) TI ANSDYN July 3, 2013 City of Santa Ana Public Works Division 220 S. Daisy Ave Santa Ana, CA 92703 Attention: Mr. Brian Ige Reference: City of Santa Ana Water SCADA System Subject: Transdyn Controls' DYNAC SCADA System Maintenance and Service Contract Dear Mr. Ige: Transdyn is pleased to respond to your request for the above referenced Maintenance and Service Contract Proposal. The following paragraphs comprise the terms and conditions upon which the Maintenance and Service Contract will be based. Software Maintenance a) On a bi- annual basis, Transdyn will provide two, 2 -day on -site visits (32 hours total) preventative software maintenance for the SCADA System servers and workstations. Services will include general system diagnostics as provided with original installation, file and disk management, software backup and archiving, etc. Any additional time requested will be billed at our published Professional and Support Services rates. Accepted: $ Included Standard Telephone Support a) Transdyn's Applications Engineering staff will be made available for telephone support to answer questions regarding the use, modification or troubleshooting of PLC /RTU software provided by Transdyn. b) Transdyn's Software Engineering staff will be made available for telephone support to answer questions regarding the use, modification or troubleshooting of the DYNAC SCADA software provided by Transdyn. c) Transdyn's Software Engineering staff will be made available for telephone and modem support to remotely diagnose, troubleshoot and resolve any problems found in the DYNAC SCADA software provided by Transdyn Controls. d) Client personnel will be required to work with Transdyn personnel via telephone as needed to ensure that any reported problem may be accurately diagnosed. Total Standard Telephone Support Accepted: $ Included TRANSDYN, INC. • 4256 Hacienda Duve, Suite 100 • Pleasanton, CA 94588 Tel: (925) 225 -1600 • Fax: (925) 225 -1610 • wwwSrnnsdyn.com Exhibit A 25C -10 City Santa Ana Maintenance and Service Contract Proposal May 7, 2013 Page 2 Hardware Maintenance a) On a bi- annual basis, Transdyn will provide on -site preventative hardware maintenance for the SCADA System servers, workstations and peripheral devices. Services will include general system diagnostics as provided with original installation, cleaning, consumables replacement (i.e. changing printer ribbon), etc. Accepted: $ Not - included b) Transdyn will provide for repair or replacement of the SCADA System servers, workstations and peripheral devices via service sub - contracts with original equipment manufacturers or their authorized representatives. Availability of these services will be based upon the terms and conditions of the manufacturers' standard contracts. Accepted: $ Not Included LIMITATION OF LIABILITY. IN NO EVENT SHALL TRANSDYN BE LIABLE FOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING IN ANYWAY WHATSOEVER. Transdyn, its contractors and suppliers of any tier, shall not be liable in contract, tort or otherwise for damage to or loss of other property or equipment or systems, cost of capital, cost of replacement power or equipment, increased operating expenses, delay damages, or claims of City of Santa Ana's customers no matter how caused, including if caused by: abuse; accident; alteration or repair by anyone other than Transdyn's authorized representatives; improper storage; misuse; improper maintenance; failure to observe Instructions; improper or unauthorized access or use; hacker or cracker intrusion or disruption; distributed denial of service attacks; computer viruses or worms; loss, theft, misuse, alteration or corruption of data, programs or information; failure of network security; or other acts, omissions, torts or crimes. City of Santa Ana's remedies stated herein are exclusive and the Transdyn's liability with respect to any contract, or the performance or breach thereof, relating in any way to any work or equipment covered by this contract, whether in contract, tort, or otherwise shall not exceed the price of the particular equipment or part or service for which such liability is claimed. This provision shall survive termination of the contract. WARRANTIES. Transdyn warrants the equipment and services of its own manufacture against defects in material and workmanship for one year from delivery or, if installed by Transdyn, for one year from installation of equipment/performance of services or portions thereof but not to exceed eighteen months from shipment, provided City of Santa Ana must give Transdyn immediate written notice upon discovery of the defect and immediately ceases use of equipment to prevent further damage. Transdyn's obligation is limited to furnishing a repaired or replacement part or, at its option, to repairing the defective part F.O.B. Transdyn's plant. City of Santa Ana shall pay cost of field labor. This warranty excludes equipment or services damaged due to: abuse: accident; alteration or repair by anyone other than Transdyn's authorized representatives; improper storage; misuse; improper maintenance; failure to observe instructions; improper or unauthorized access or use; hacker or cracker intrusion or disruption; distributed denial of service attacks; computer viruses or worms; loss, theft, misuse, alteration or corruption of data, programs or information; failure of network security; or other acts, omissions, torts or crimes. Transdyn reserves the right to investigate claims by City of Santa Ana as to defects. City of Santa Ana shall pay costs to investigate invalid claims and for any repair or replacement shown by investigation not to be covered by warranty. Products supplied but not manufactured by Transdyn shall be subject only to the warranty extended by the original manufacturer. TRANSDYN, INC. 14256 Hacienda Drive, Suite 1001 Pleasanton, CA 94588 Tel; (925) 225 -1600 1 Pax: (9251225 -16101 w .nnnsdyn.com Exhibit A 25C -11 City Santa Ana Maintenance and Service Contract Proposal May 7, 2013 Page 3 THE WARRANTIES SET FORTH IN THIS PROVISION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESS OR, IMPLIED (INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE), EXCEPT OF TITLE AND AGAINST PATENT INFRINGEMENT. Maintenance and Service Requests a) All maintenance and service requests shall be documented by the Client (i.e. fax, memo, etc.) for future reference and administrative purposes. All maintenance and service requests shall be acknowledged in writing by Transdyn, including diagnosis and corrective actions taken. b) All on -site services provided will be documented on field service reports which will be submitted to the Client daily as services are provided. Standard Scheduling and Availability a) Transdyn personnel will be generally available during normal working hours, 8:00am - 5:00pm, Monday through Friday. Scheduling of maintenance and service work will be based upon current personnel schedules and availability (i.e. at the time of any given request), and the priority of the request. Priorities for maintenance and service requests will be determined on a case -by -case basis. b) Transdyn personnel will also be available for on -call telephone consulting and troubleshooting services, outside the normal work schedule defined above. Accepted: $20,000 Miscellaneous Professional and Support Services c) Additional services and /or materials provided on request will be billed at our published Professional and Support Services rates on a Not to Exceed (NTE) basis. Accepted: NTE $25,000 Resident Maintenance and Service Personnel a) One resident Transdyn Service Engineer will be assigned on a full -time basis to perform preventative and corrective maintenance on -site during normal working hours based upon an 8- hour /day, 40- hour /week schedule. The starting time of daily shifts will be in accordance with normal Client maintenance personnel. Accepted: $ Not included One resident Transdyn Service Engineer will also be available for on -call telephone consulting and troubleshooting services, outside the normal work schedule defined above. All services provided upon an on -call basis will be billed per Transdyn's published Professional and Support Services rates. Accepted: Time & Material Not Included TRANSDYN, INC. • 4256 Hacienda, Drive, Snim 100 • Pleasanton, CA 94588 TeL (925) 225 -1600 • Faz: (925) 225 -1610 • ..tranedyn.eo. Exhibit A 25C -12 City Santa Ana Maintenance and Service Contract Proposal May 7, 2013 Page 4 Billing a) The fixed price amount(s) quoted above are due upon acceptance of the Contract and will be invoiced in full based upon Net 30 payment terms. b) An authorized purchase order for the total amount of all fixed price option(s) selected is required prior to any services being rendered. c) The duration of the Contract will be 12 months from the date of acceptance. The Contract can be renegotiated and renewed on a yearly basis. Contract Acceptance Transdyn, Inc. Client authorized signature authorized signature title date title date Transdyn looks forward to your favorable review of this proposal. If this proposal is deemed acceptable, please initial each option desired and sign and date both copies and return them to Transdyn as soon as possible. An executed copy will be returned to you for your records. If there are any questions regarding this matter please contact the Undersigned at our Pleasanton, CA. facility as soon as possible. Very Truly Yours, Transdyn,Inc. Philip J. Jacobs Senior Project Manager Attachment (1) Professional and Support Services TRANSDYN, INC. • 4256 H.ekttda Drive, Suite 100 • Pleasantoq CA 94588 Tcl: (925) 225 -1600 • Fax: (925) 2251610 • m .uanadyn.com Exhibit A 25C -13 EXHIBIT B TRANSDYN CONTROLS' DYNAC ®SCADASYSTEM SERVER AND SOFTWARE UPGRADE 25C -14 /0> TRH DYN May 8, 2013 To: City of Santa Ana Public Works Division 220 S. Daisy Ave Santa Ana, CA 92703 Attention: Mr. Brian Ige Reference: City of Santa Ana Water SCADA System Subject: DYNAC® SCADA System Server and Software Upgrade Dear Brian: Transdyn, Inc. is pleased to offer this proposal as requested for an upgrade to the City's existing DYNAC® SCADA system, in accordance with your request and hardware specification. This proposal includes an upgrade to latest DYNAC® ES SCADA software and will provide the City with a state -of -the -art SCADA system, including both software and the latest commercially available hardware. PRICING Our price to provide the material and services as described in the 'Work Included' section of this proposal is: $47,892.00 TAXES / PERMITS / DUTIES The above price does include any sales or use taxes, permits or additional duties that may be applicable. FREIGHT Equipment provided by Transdyn is F.O.B. factory with full freight allowed to the jobsite. BONDS Transdyn is fully bondable. However, the cost for bonds is NOT included in our quoted price. TRANSDVN, INC. • 4256 laacndi Dm,, 3,w, loo • Plcuannm, C A 94588 'rd (9'_5) ''25 -1600 • far (925) 225 - 1610.,c�c�c.rrunsdcn. cum Exhibit B 25C -15 City of Santa Ana Server Upgrade Proposal May 8, 2013 Page 2 WORK INCLUDED 1. Two (2) Dell PowerEdge servers (in accordance with City provided specification) with Red Hat Linux OS and DYNAC® ES SCADA software. 2. Rebuilding of all existing City databases and graphics on new servers. 3. Freight and delivery of provided equipment to the City's facility. 4. Up to one (1) week of on -site installation and testing of communications of upgraded SCADA system to all existing City remote PLCs. (City to directly test all control functions under operational conditions). 5. As -built drawing(s) of server rack configuration. 6. Manufacturer's standard documentation for new equipment. 7. One (1) year DYNAC® software warranty. (Equipment manufacturers' warranties will be passed through to the City). WORK NOT INCLUDED The following listing of "work not included" is intended as further clarification regarding Transdyn's proposal. Providing any new PLCs, instrumentation or control panel enclosure equipment. 2. Providing any new workstation PC equipment. 3. Providing any new server equipment racks or KVM switches. 4. Performing any services in the capacity of a licensed Professional Engineer in the State of California unless specifically stated otherwise in the Work Included section. 5. Installation of any equipment unless stated otherwise in the Work Included section. 6. Providing any control panels not specifically listed above in the Work Included section or providing panels specified as provided with packaged systems or specified under other specification sections. 7. Furnishing or installing any field wiring, cables, or making terminations unless specifically stated otherwise in the Work Included section. 8. Furnishing or installing any field conduit, cable trays, junction boxes, connectors or other electrical installation appurtenances. 9. Furnishing or installing any housekeeping pads, mounting brackets or any supports not customarily furnished by the original equipment manufacturer. 10. Providing any submittal data, drawings, manuals, reports or record documentation other than the deliverables listed above in the Work Included section. 11. Providing any commissioning, startup and operational support or any other services for non - furnished hardware, software or systems. TRANSDYN, INC. 1 4256 Hacienda D,ivc, Suite 1001 Pleasanton, CA 94588 Tel: (925) 225- 16001E!5e ft5416g — A- nsdvn.com 25C -16 City of Santa Ana Server Upgrade Proposal May 8, 2013 Page 3 12. Installing any inline devices or performing pipe penetrations. 13. Providing any submittal data/drawings, manuals, calibration, commissioning, operational support or any other services for non - provided equipment. 14. Any field craft labor. Transdyn will provide qualified non -craft technicians to perform calibration, testing and commissioning. However, the cost of any additional craft labor (union or non- union) required to assist or supervise these technicians is not included in this proposal. 15. On -site temporary facilities and special purpose equipment. City shall provide use of all required temporary facilities including but not limited to trailers, support facilities, storage space, sanitary facilities and safety provisions. 16. City shall also provide use of any lift or special purpose equipment necessary for Transdyn to efficiently perform its work. Transdyn carries Workmen's Compensation and general liability insurance. Any additional insurance or special coverage will be at added cost. Transdyn Standard Insurance Coverage Workman's Compensation $ 1,000,000 Automobile Liability $ 1,000,000 General Liability As listed below General Aggregate $ 2,000,000 Products — Comp /OP Aggregate $ 2,000,000 Personal & Adv. Injuries $ 1,000,000 Each Occurrence $ 1,000,000 Fire Damage $ 50,000 Medical (any one person) $ 5,000 TRANSDA'N, INC. • 4256 H�a'c'di�e�n/dpa$, $D�rivyep, Suite 100 • Pleasavrov, CA 94588 Td: (925) 225 -1600 •E!5 l l l ffl l6� wMU.tranndvn.com 25C -117 City of Santa Ana Server Upgrade Proposal May 8, 2013 Page 4 TERMS AND CONDITIONS a) ACCEPTANCE The price quoted is valid for Sixty (60) days from the date of Bid Opening and is subject to either your firm's credit approval by our Credit Committee or your firm's providing an irrevocable letter of credit with terms and provider satisfactory to our firm. b) AGREEMENT Our proposal is based upon Transdyn and the Contractor entering into the AIA A401 Standard Form of Agreement (2007 Edition), or other mutually acceptable form of agreement, which shall incorporate this scope letter and such other acceptable terms and conditions no less favorable than those between Contractor and the Owner. c) PAYMENT This scope and pricing is based upon mutually agreeable payment terms resulting in neutral cash flow for the project. Contractor and Transdyn's cut -off dates shall match so as to insure payments cover the same performance period. The Contractor shall withhold no retention from Transdyn payments. a) SCHEDULE. This proposal is predicated upon Transdyn being afforded a reasonable amount of time to perform its scope of work, including engineering, integration, testing and commissioning. The performance of Transdyn's work shall be based upon a mutually acceptable project schedule. b) LIMITATION OF LIABILITY. IN NO EVENT SHALL TRANSDYN BE LIABLE FOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY WHATSOEVER. Transdyn, its contractors and suppliers of any tier, shall not be liable in contract, tort or otherwise for damage to or loss of other property or equipment or systems, cost of capital, cost of replacement power or equipment, increased operating expenses, delay damages, or claims of Contractor's customers no matter how caused, including if caused by: abuse; accident; alteration or repair by anyone other than Transdyn's authorized representatives; improper storage; misuse; improper maintenance; failure to observe instructions; improper or unauthorized access or use; hacker or cracker intrusion or disruption; distributed denial of service attacks; computer viruses or worms; loss, theft, misuse, alteration or corruption of data, programs or information; failure of network security; or other acts, omissions, torts or crimes. Contractor's remedies stated herein are exclusive and Transdyn's liability with respect to any contract, or the performance or breach thereof, relating in any way to any work or equipment covered by this contract, whether in contract, tort, or otherwise shall not exceed the price of the particular equipment or part or service for which such liability is claimed. This provision shall survive termination of the contract. c) LIQUIDATED DAMAGES. This proposal does not include any provision for liquidated damages. d) WARRANTIES. Transdyn warrants the equipment and services of its own manufacture against defects in material and workmanship for one year* from delivery or, if installed by Transdyn, for one year* from installation of equipment/performance of services or portions thereof but not to exceed eighteen months from shipment (or such period as required by specifications), provided Contractor must give Transdyn immediate written notice upon discovery of the defect and immediately ceases use of equipment to prevent further damage. Transdyn's obligation is limited TRANSDYN, INC. 1 4256 Hacienda Drive, Suite 1001 Pleasanton, CA 94588 Tel: (925) 225 -16001 E!5ehT15H166 —Artnsdvo.com 25C -18 City of Santa Ana Server Upgrade Proposal May 8, 2013 Page 5 to furnishing a repaired or replacement part or, at its option, to repairing the defective part F.O.B. Transdyn's plant. Contractor shall pay cost of field labor. This warranty excludes equipment or services damaged due to: abuse: accident; alteration or repair by anyone other than Transdyn's authorized representatives; improper storage; misuse; improper maintenance; failure to observe instructions; improper or unauthorized access or use; hacker or cracker intrusion or disruption; distributed denial of service attacks; computer viruses or worms; loss, theft, misuse, alteration or corruption of data, programs or information; failure of network security; or other acts, omissions, torts or crimes. Transdyn reserves the right to investigate claims by Contractor as to defects. Contractor shall pay costs to investigate invalid claims and for any repair or replacement shown by investigation not to be covered by warranty. Products supplied but not manufactured by Transdyn shall be subject only to the warranty extended by the original manufacturer. THE WARRANTIES SET FORTH IN THIS PROVISION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESS OR, IMPLIED (INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE), EXCEPT OF TITLE AND AGAINST PATENT INFRINGEMENT. Transdyn appreciates this opportunity to submit our proposal. Should you have any questions or comments, please do not hesitate to contact the undersigned at 925- 225 -1600. Very Truly Yours, Transdyn,Inc. Pi Philip J. Jacobs Sr. Project Manager TRANSDYN, INC. • 4256 Hacienda Drive, Suite 100 • Pleasanton, CA 94588 'fel: (925) 225 -1600 •E jgMT wv,.tou,.dvn.co., 25C-19 EXHIBIT C TRANSDYN CONTROLS' PROFESSIONAL AND SUPPORT SERVICES 25C -20 /0> T � DYN TRANSDYN, INC PROFESSIONAL AND SUPPORT SERVICES Transdyn is pleased to provide the following categories of services: I. PROFESSIONAL SERVICES Division/Department Manager $210.00 Sr. Project Manager 200.00 Project Manager 190.00 Sr. Software Engineer 220.00 Software Engineer 160.00 Sr. Systems Engineer 190.00 Systems Engineer 150.00 Applications Engineer 110.00 Field Specialist 140.00 Field Technician 100.00 Designer /Draftsperson 90.00 Administrative Support 80.00 II. FIELD SERVICES Field Services supplied to customers not covered by an established Contract Service Agreement or services as requested by a customer for a specific day, time or reason, outside the scheduled service provided under a Contract Service Agreement. Description Demand Service and Travel Time Portal to Portal (See Note). a. Std. work hours 8:00 a.m. to 5:00 p.m. Standard Rate per I and III b. Saturday and hours other than 8:00 a.m. to 5:00 p.m. 1.5 times Standard Rate c. Sundays and Legal Holidays Double Standard Rate Note: The base location for travel time will be Transdyn's nearest service office. Minimum service charge will equal hours at appropriate service rate. III. SHOP FABRICATION SERVICES Shop fabrication services are available at a shop rate of $80.00 per hour. Materials will be invoiced at cost plus 25 %. Normal shop expenses are included within the above rates; however, additional expenses such as freight, travel, etc., will be billed at cost. Shop /field calibration, acceptance testing, start-up, etc., are considered field services and will be charged at the appropriate field service rates. Exhibit C rev: Feb, 2013 25C -21 ►' Page 2 of 2 TRANSDYN, INC Professional and Support Services IV. TRANSDYN'S PERSONNEL RATES Normal labor charges will be at the hourly rates shown in the above tables for each labor classification. Time in excess of 8 hours per day or 40 hours per week is termed overtime. When client authorized, overtime rates are 1.5 times normal rates. Rates are in USD. Rates are not valid for prevailing wage work. Quoted rates are subject to reasonable adjustment after December 31, 2013. V. SUBCONTRACTED WORK When it is necessary to supplement our staff with consultants or outside subcontractors, these services are billed at our cost plus 15 %. VI. EXPENSES Additional expenses are charged at cost plus 15 %. These reimbursable costs include, but are not limited to: Travel (air fare, auto rental, public transportation and subsistence) Use of company vehicles ($90 /day) and employee cars ($0.65 /mile) Equipment rental or purchase Long distance and cellular telephone, fax , postage, courier and reproduction work Applicable sales taxes and freight charges Vll. MATERIALS Material is charged at list price plus 15 %. Applicable sales, excise taxes, fees and freight charges are added as applicable. VIII. DOCUMENTATION All agreed upon documentation including manuals, drawings and reproductions, will be furnished to the client during or at the close of the job. We reserve the right to retain either originals or reproductions of all of our work for our files. IX. TERMS, CONDITIONS, AND CLARIFICATIONS The attached terms, conditions, and clarifications shall also apply. Exhibit C rev: Feb, 2013 25C -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2013 TITLE: EMPLOYEE GROUP INSURANCE RENEWALS MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F-11 W W 4111 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO M11154ZtmrrO Authorize the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements for long term disability, medical, dental, vision, employee assistance, employee group life and accidental death and dismemberment insurance, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City's employee group benefit policies, contracts and agreements are renewed annually on January 1. Currently the City provides life and accidental death & dismemberment (AD &D) coverage and long -term disability (LTD) insurance through Aetna for full -time employees. We are currently in the third year of a three -year rate guarantee for the Life, AD &D and LTD rates through December 31, 2014. Life Insurance Insurance Coverage Current Insurance Insurance Percent Change Rate Renewal Rate Life Insurance $0.102 per $1000 $0.102 per $1000 0.0% Accidental Death & $0.020 per $1000 $0.020 per $1000 0.0% Dismemberment 2501-1 Employee Group Insurance Renewals September 3, 2013 Page 2 Long -Term Disability Group Coverage Current Insurance Insurance Percent Change Employee Rate Renewal Rate 0.0% Management $0.352 per $100 $0.352 per $100 0.0% Employees $8.78 $8.78 0.0% 130 day wait Employees $15.93 $15.93 0.0% 60 day wait Dental Plans The contract with Delta Dental and Safeguard is scheduled for renewal. Delta has agreed to renew the contract for a period of one year with no rate increase. However, Safeguard rates will increase by 2.3% and are guaranteed for a period of one year. This increase is directly related to dependent children remaining covered on the insurance until age 26 under the Patient Protection and Affordable Care Act. Type of Coverage Cur e l Rate Rate Delta Percent Change Employee $48.39 $48.39 0.0% Employee Plus Family $119.17 $119.17 0.0% Type of Coverage Safeguard Dental Current Rate Safeguard Dental Rate 2014 Percent Change Employee $25.28 $25.86 2.3% Employee Plus Family $43.22 $44.21 2.3% 25D -2 Employee Group Insurance Renewals September 3, 2013 Page 3 CalPERS Health Program The CalPERS basic HMO health plans will increase by 3.8% and the basic PPO health plans will increase by 2.5 %. The lower increase in rates are the result of successful negotiations with existing and new health plan providers that incorporated CalPERS health initiatives to provide quality health care to participants at the lowest possible cost. The City will incur a 7.84% increase in costs for all bargaining units that are tied to the Kaiser rate for the City contribution. As the City is currently in negotiations with SEIU and POA, the fiscal impact is based on the current 2013 contribution rates. The employees will be responsible for any increase in cost above the City contribution. Plan Employee Only Employee & one Dependent Employee & two or more Dependents (New Plan) Anthem HMO Select $536.99 $1,073.98 $1,396.17 (New Plan) Anthem HMO Traditional $592.20 $1,184.40 $1,539.72 Blue Shield Access+ HMO $543.21 $1086.42 $1412.35 Blue Shield NetValue HMO $457.17 $914.34 $1188.64 (New Plan) Health Net Salud y Mas HMO $489.82 $979.64 $1273.53 (New Plan) Health Net SmartCare HMO $568.51 $1137.02 $1478.13 Kaiser HMO $602.79 $1205.58 $1567.25 (New Plan) Sharp HMO $538.59 $1077.18 $1400.33 (New Plan) UnitedHealthcare HMO $521.01 $1042.02 $1354.63 PERSCare PPO $992.61 $1985.22 $2580.79 PERSChoice PPO $611.30 $1222.60 $1589.38 PERSSelect PPO 1 $446.49 $892.98 $1160.87 PORAC safet members $581.00 $1088.00 $1382.00 25D -3 Employee Group Insurance Renewals September 3, 2013 Page 4 Employee Assistance Program — REACH Employee /Associate Assistance The City is entering into the third year of a three -year rate guarantee with REACH Employee Assistance Program. This plan assists employees and their eligible dependents in handling problems that may be interfering with their performance on the job. Consultation for problems such as alcohol and drug abuse, legal, marital and family problems are available. Full time and Part time employees are eligible to participate in the Employee Assistance Program. Retirees are not included in the annual cost estimates. The Police Officers Association maintains their own insurance programs for medical, dental and LTD coverage. FISCAL IMPACT The annual cost of each plan may vary depending on changes in the number of employees enrolled during the year. The projected annual costs are calculated using current enrollment as of July 2013. The City is currently negotiating contribution amounts for insurances with the POA and SEIU bargaining units. The amounts used to calculate the fiscal impact are based on the 2013 contribution rates for these two bargaining units. Coverage for SEIU, CASA, SAMA, EM, PMA & PTCS Aetna Life /LTD Insurance Dental Carriers CaIPERS Medical REACH (EAP Provider) Total Annual Cost CY 2013 $ 115,175 $ 339,307 $ 5,722,225 $ 18,071 $ 6,194,778 2501-4 CY 2014 $ 114,316 $ 335,699 $ 5,595,732 $ 23,310 $ 6,069,057 Difference $ - 26,041 $ - 34,560 $ 134,380 $ - 710 $ 73,069 Difference $ - 859 $ - 3,608 $ - 126,493 $ 5,239 $-125,721 Coverage for POA (Sworn and Non - Sworn) CY 2013 CY 2014 Aetna Life /POA LTD Insurance $ 439,753 $ 413,712 POA Dental $ 574,560 $ 540,000 POA Medical $ 6,940,940 $ 7,075,320 REACH (EAP Provider) $ 11,810 $ 11,100 Total Annual Cost $ 7,967,063 $ 8,040,132 Coverage for SEIU, CASA, SAMA, EM, PMA & PTCS Aetna Life /LTD Insurance Dental Carriers CaIPERS Medical REACH (EAP Provider) Total Annual Cost CY 2013 $ 115,175 $ 339,307 $ 5,722,225 $ 18,071 $ 6,194,778 2501-4 CY 2014 $ 114,316 $ 335,699 $ 5,595,732 $ 23,310 $ 6,069,057 Difference $ - 26,041 $ - 34,560 $ 134,380 $ - 710 $ 73,069 Difference $ - 859 $ - 3,608 $ - 126,493 $ 5,239 $-125,721 Employee Group Insurance Renewals September 3, 2013 Page 5 Funds in the amount of $6,147,025 are budgeted and available in the Personnel Services Employee Benefits account (account no. 08109053 - 64010) to pay for City administered insurance coverage. Funds in the amount of $7,998,489 are budgeted and available in the Employee Benefits account (account no. 08109053 - 64010) to pay for the insurance coverage administered by the Associations. The total budgeted amount of $14,135,515 is available in Fiscal Year 2013- 2014. The balance will be budgeted in Fiscal Year 2014 -2015. ward S. Raya Executive Director Personnel Services APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency' 25D -5 25D -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2013 TITLE: AGREEMENT WITH RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT TO PROVIDE INSTRUCTIONAL SERVICES RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: SUKO ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n0 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Rancho Santiago Community College District in the amount of $61,733 to provide instructional services to eligible youth participating in the Seeds to Trees Digital Media Academy program, for a one year term, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On June 3, 2013 the City Council awarded $170,000 in Workforce Investment Act (WIA) funds to the Santa Ana Public Library to operate a Youth Training Program. The Library will utilize the funds to continue the "Seeds to Trees Digital Media Technology Academy" program. The Digital Media Technology component of the Seeds to Trees program, developed in partnership with Rancho Santiago Community College District's ( RSCCD) Corporate Training Institute (CTI) is a comprehensive, post secondary program comprised of paid training and work experience in the field of digital media technology. Twenty students, ranging in age from 16 -21, will receive approximately six months of hands -on training from RSCCD's CTI to develop necessary experience in the digital media field. The curriculum will include introduction courses, subject specific courses, and concentration courses such as graphics design, website design, scriptwriting, video production, digital music production, and marketing. After completion of the first phase of the program, students will begin five months of on- the -job paid work experience in the Library's web design and City Television Channel Three (CTV -3) video production units. RSCCD will provide skilled instructors, administrative management, curriculum development, equipment, textbooks and materials required to support the curriculum for a total amount of $61,733 which will be paid for with WIA grant funds. 25E -1 Agreement with Rancho Santiago Community College District September 3, 2013 Page 2 FISCAL IMPACT Funds for this agreement are available in the Workforce Investment Act (WIB) Youth Council account (no. 12318750 69135). Gerardo Mouet v / Executive Director Parks, Recreation and Community Services Agency Nancy Fong, Interim Execut a Director Community Development Agency GM /SC /sc Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25E -2 Contract No. AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, dated this day of September, 2013, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "CITY ") and Rancho Santiago Community College District ( "CONTRACTOR "). W- I- T- N- E- S- S -E -T -H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105 -220 ( "the Act "). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market. CONTRACTOR shall provide instruction and materials to implement courses in digital media skills for twenty (20) students, ages 16 -21, in the field of digital media technology ( "said program "). E. CONTRACTOR is willing to operate said program pursuant to the Act and California law. F. Contractor must comply with applicable Federal, State and local legislation, rules and regulations and Contractor must meet enrollment and program goals. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the services pursuant to said program, as more specifically set forth in CONTRACTOR'S Program Narrative contained in "Exhibit A" and in the Performance Standards "Exhibit B ", attached hereto and by this reference incorporated herein. 25E -3 Page 1 of 15 CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements set forth in Workforce Investment Act of 1998, Public Law 105 -220. C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures Under the WIA ", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188) and compliance with Equal Employment Opportunity provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the requirements of 41 CFR Part 60; the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including, but not limited to, 29 CFR Part 33 and 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. 25E -4 Page 2 of 15 CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above - referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. J. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice/Voucher on CITY's Invoice/Voucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract and subgrant award documents [29 CFR— Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above - stated documents to the City of Santa Ana, Santa Ana Library, 26 Civic Center Plaza, M -75, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. 25E -5 Page 3 of 15 M. CONTRACTOR shall arrange independently for an audit that includes WIA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A- 133, if applicable. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant funds. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. CONTRACTOR shall comply with the provisions of Circular A -102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government', Subpart C, paragraphs 37 and 42, Circular A -128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign a Certification Regarding Lobbying to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed Certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide a drug -free work place and to execute a Drug Free Workplace Certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. T. CONTRACTOR agrees to that it is in compliance with the Certification Regarding Debarment ( "Exhibit F ") as required b the regulations implementing Executive Order 25EY -6 Page 4 of 15 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160- 19211). U. CONTRACTOR agrees to provide priority of services for veterans and eligible spouses pursuant to 20 CFR part 1010 and the regulations implementing priority of service for veterans and eligible spouses in Department of Labor job training programs under the Jobs for Veterans Act published at 73 Fed.Reg. 78132 on December 19, 2008. II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed $61,733.00 of WIA funds for CONTRACTOR'S performance in accordance with the Budget attached hereto as "Exhibit G" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CONTRACTOR has the ability to adjust line item amounts in the budget with the approval of the Executive Director, so long as the total Budget amount does not increase. C. CITY agrees to provide for on -site monitoring reviews of said program operation at least twice annually. In addition, monthly desk -top reviews of pertinent information will be conducted. D. CITY has the right to de- obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. III. TIME PERIOD OF AGREEMENT This Agreement shall commence as of the date first stated above, and all duties arising under this Agreement shall have been performed by June 30, 2014. The term of this Agreement may be extended by a writing executed by the Executive Director for the Community Development Agency and the City Attorney. IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion 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. 25E -7 Page 5 of 15 V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) common measures for youth: (a) Placement in employment or education; (b) Attainment of degree or certificate; and, (c) Literacy or numeracy gains. With regard to the Summer Youth Program, the only measure is "Work Readiness ". Pending WIA reauthorization and or U.S. Department of Labor and EDD updates, CONTRACTOR agrees to implement and shall meet any additional performance measures that may be subsequently required by the Workforce Investment Act or by any other Federal, State, and local law. 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83 -354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three -year period from and after the effective date of this Agreement. 25E -8 Page 6 of 15 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and execute the Assurances and Certifications attached hereto as "Exhibit H" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer /program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and /or equipment furnished to the CONTRACTOR by the CITY and /or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 12. CONTRACTOR certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The CONTRACTOR will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 25E -9 Page 7 of 15 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. if any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright - able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The CONTRACTOR and the Workforce Investment Board (WIB) shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub -grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ( "EPA ") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 25E -10 Page 8 of 15 1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involving Close personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non - voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR, elected official in the area, or voting or non - voting member of a WIB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. 6. Salary and Bonus Limitations. All Subrecipients of WIA program funds are required to comply with federal requirements regarding the limitations on salary and bonus payments in accordance with Public Law 109 -149, Section 7013. VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation AE -11 Page 9 of 15 claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. C. Both parties to this Agreement shall agree to defend, indemnify, and hold harmless the other party, its officers, agents, employees, and volunteers, from and against all loss, cost, and expense arising out of any liability or claim of liability, sustained or claimed to have been sustained, arising out of activities, or the performance or nonperformance of obligations under this Agreement, of the indemnifying party, or those of any of its officers, agents, employees, or volunteers. The provisions of this Article do not apply to any damage or losses caused solely by the negligence of the non - indemnifying party or any of its agents or employees. VIII. INSURANCE 1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as Additional Insured; and state that such coverage is primary to any other coverage or self - insurance of the State of California and CITY (in substantially the form as Exhibit I, Additional Insured Endorsement, attached hereto). Governmental entities may substitute a certificate of self - insurance. 2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned /leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self - certification of automobile insurance coverage. Governmental entities may substitute a certificate of self - insurance. 3. Workers' Compensation. If CONTRACTOR is an "employer ", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by 25E -12 Page 10 of 15 participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self - insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATE STATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. All applicable State statutes, regulations, policies, procedures and directives; All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; Court orders applicable to its operation; and, 25E -13 Page 11 of 15 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. 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, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and /or reimbursement of costs incurred hereunder. XV. TERMINATION A. This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. B. In the event CONTRACTOR defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to CONTRACTOR, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred 25E -14 Page 12 of 15 for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and /or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH - SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and /or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and /or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: and, CITY: City of Santa Ana Executive Director of Parks, Recreation & Community Services 26 Civic Center Plaza (M -75) Santa Ana, CA 92702 25E -15 Page 13 of 15 CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 CONTRACTOR: Rancho Santiago Community College District Corporate Training Institute 2323 N. Broadway, Suite 328 Santa Ana, CA 92706 -1640 ATTN: Ruth Cossio -Muniz XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25E -16 Page 14 of 15 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: Sonia R. Carvalho City Attorney L.", Lisa E. Storck Assistant City Attorney CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" am Kevin O'Rourke Interim City Manager "CONTRACTOR" BY: Peter J. Hardash Vice Chancellor of Fiscal Affairs 25E -17 Page 15 of 15 REQUESTS FOR PROPOSALS (RFP) FOR YOUTH PROGRAM OPERATORS PROGRAM YEAR 2013/2014 SEEDS TO TREES: DIGITAL MEDIA TECHNOLOGY ACADEMY SANTA ANA PUBLIC LIBRARY In Partnership With RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT EXHIBIT A 25E -18 I. Executive Summary The "Seeds to Trees Digital Media Technology Academy' program developed by the Santa Ana Public Library in partnership with the Rancho Santiago Community College District's (RSCCD) Corporate Training Institute (CTI) and Digital Media Center (DMI) will provide training and work experience in various fields of digital media technology for 20 youth ages 16 -21 (Please refer to MOU of the partnership). Of these 20 WIA eligible student interns, 8 youth (40 %) will be "Out -Of- School Youth" (ages 16 -21) and 12 youth (60 %) will be "In- School Youth" (ages 16 -21). At least 10% of youth enrolled will be foster youth, youth on probation, and youth with disabilities. The Santa Ana Public Library currently has extensive programming for teens and young adults. Most pertinent to the workforce development goal of this grant is the Seeds to Trees Academy, which utilizes the library's Circle of Mentoring model to provide a tiered program of instruction and employment for youth with the aim of introducing them to and training them in skills essential to a secure employment in 21s` century industries. The library has a successful history of providing teens with training in video production and an opportunity to produce video content for the city's CTV -3 channel. The program will provide participants with WIA Elements 1, 4 -10. The program will offer students tutoring, study skills training, and instruction leading to the completion of a high school diploma and post- secondary education readiness (1). Students will have the opportunity for occupational skill training in digital media technology through Rancho Santiago Community College and its Corporate Training Institute (CTI) Program (4), as well as work experience producing videos for the city's CTV -3 channel and design/content for various agency and affiliate web sites (5). During their work experience, the teens will operate in teams, where the need for teamwork will help them to develop an understanding of the importance of responsible behavior and an opportunity to display leadership (6). During the entire leaming and working period, youth will be monitored and supported by adults and responsible young adults from the library and the College District (8), and provided with the educational materials and equipment required to successfully complete the program (7). A licensed Masters in Social Work intem (MSW) skilled in a variety of fields, including addiction and family counseling, will be available to students as needed (10). Follow -up services for a minimum of 12 months after program completion will be provided for youth to support educational and/or employment endeavors (9). The program aims to provide participants services in the following areas: Work Experience, Vocational Training and Certification in Digital Media Technology, educational support, civic engagement and leadership development, entrepreneurship training, life skills development, college skills development, job search training, mentorship, follow -up services. Classes will be conducted by qualified teaching staff from Rancho Santiago Community College, and will be supplemented by workshops in academic and life skills development conducted by library and project staff. Work experience will occur as appropriate: in the library, in the digital Media Center, and in the field, as interns complete projects that explore and document the needs of their community. The amount requested to provide these services is $170,000. IL Experience/ Oualifications: Santa Ana Public Librarv: The Santa Ana Public library (SAPL) is a division of the City of Santa Ana's Parks and Recreation Department. The administration and management personnel of the department, including the Director's office, accounting, and payroll functions, are housed in the Main Library building and available for participation in the project. PRCSA's staff is experienced in the management of grants and has learned to incorporate the payment of grant - funded interns through participation in the library's federal IMLS grant. The library itself employs 10 full -time librarians, 8 full -time paraprofessionals and 8 full -time clerical personnel. We currently employ 70 part time EXHIBIT A 25E -19 clerks and tutors in children's, teen and adult programs. Some of our part- timers are paid through the General Fund and others through various grants. In recent years, the library has a record of unusual success in attracting teens to its TeenSpace and supporting them through its many programs. The TeenSpace is advised by the Teen library Club. As a group, these teens have contributed many thousands of hours of community service to the library, 98 percent have graduated from high school and 90 percent have gone on to higher education. These are teens that do not represent the top 10- 20 percent of their high school class. They are not involved in student government or school activities. They are the quiet at -risk youth whom no one notices. But at our TeenSpace, they are noticed, nurtured and appreciated. The library has maintained a high number of ongoing programs for teens, including a very intensive Summer Volunteer Institute (SVI) that encourages teens to find self worth and civic engagement though giving back to their community. Last summer nearly 200 teens donated some 6,000 hours of their time to supporting programs for library patrons of all ages, mentoring over 200 children in our "Buddy" programs, helping limited English speaking adults to master computer technology and improve job skills, volunteering at community events, and becoming involved in the social and educational life of their community. All together, the library conducted nearly 90 programs for teens during the summer at three sites. At present, teens continue to volunteer through the school year in math, reading, fitness and art "Buddy" programs aimed at young children. There are daily activities for teens at both library branches and the Jerome Recreation Center, including the Youth Health Ambassadors, history, civics, green living scholarship, fitness and Teen Library clubs as well as arts, literature, video production and graphic arts workshops and tutoring in math and reading. Half of our part time staff are involved exclusively in assisting with these projects, and are experienced and committed to the growth and development of the young people they work with. The majority of teens hired through our grant programs have begun their contact with the library through the volunteer program. Our volunteers are mentored by staff and older teens and transition age young adults (18- 24), and encouraged to develop personal and academic goals and an understanding of the importance of their work to themselves and others. The library has also been unusually effective in working with probation youth volunteers. Annually, forty to fifty probation youth complete their community service at the library. Ten to fifteen of those continue volunteering at the library when their community service responsibilities are concluded. In all of our youth- centered programs, two guiding principles have been primary: The Circle of Mentoring concept and its logical successor, the Seeds to Trees concept. The first emphasizes the value to both mentor and mentee of a close and lasting supportive relationship, and the second the value of providing long -term mentoring, teaching and financial support for developing youth. These principles are the basis of our success with WIA youth in our 2011 -2012 and 2012 -2013 programs. All full -time employees at the library are involved in mentoring the students we employ under WIA. In addition, the library has been able to supplement this personal support with organizational support in the form of educational and personal counseling, transportation to classes, and paid internships at the library. To attest to the impact of library services, in 2011 -2012, out of 20 students in the Seeds to Trees Digital MediaTechnology Academy program, nine completed a high school diploma or GED, 9 students enrolled in post - secondary education, 15 found employment, 16 demonstrated an improvement in basic skills, and all 20 received digital media technology credentials (refer to attachment I2). 10,4:11:11 r_� 25E -20 The Library's allocation of City General Fund monies for 2012 -13 was $2,901,140. Other sources of revenue include a CDBG block grant of $258,072, which supports the Homework Help Centers. We anticipate an equivalent CDBG grant for 2013 -14 for this purpose, and were recently awarded a $59,000 LSTA grant from the State Library's LSTA program, as well as $13,000 in smaller grants from various State Library sources. Santa Ana is currently a finalist for the Institute for Museum and Library Services' National Medal for Library Services, which is awarded annually to five libraries of various types across the country for making a difference for individuals, families, and communities, and demonstrating innovative approaches to public service. The Seeds to Trees Digital Media Academy is one such approach. The library's three -year, $636,000 Laura Bush 21 st Century Librarian grant, which concludes this June, is another. The program combines the veteran apprenticeship concept with cutting -edge technology. Laura Bush employees are required to attend a Graphics Design course created and staffed by library staff, and to blog weekly in the project's website about their experiences and what they have learned (www.seedstotreesacademv.com). As part of their job experience, they rotate through all of the divisions of the library, assisting librarians with graphic and web design projects, teaching computer skills, and creating and filming content for the City's CTV -3 channel. This focus on technology is responsive to the IMLS mandate amongst agencies serving teens to emphasize the development of STEM (Science, Technology, English and Math) skills. Our experience with Laura Bush and other grants providing mentorship and technology training have enabled the library to smoothly transition into the WIA grant functions provided in 2011 -2012 and 2012- 2013 Seeds to Trees Project and will continue to do so in the upcoming fiscal year. The library again plans to supplement staff experience with required attendance at appropriate InfoPeople and IMLS webinars and/or workshops on STEM, digital technology and youth development. These courses cover a variety of topics such as personnel management, grant writing, and budgeting. Among the conferences attended by staff this year is an IMLS conference on Technology in Libraries that focused on "Putting the Learner at the Center" through innovative teaching materials and programs. The library has also cultivated extensive interactions /partnerships with area agencies who are, or should be, working with youth, including the Orange County Probation Department, the Foster Youth Collaborative, Latino Health Access, Santa Ana Building Healthy Community Initiative, Santa Ana Community College, and local historical associations and museums. The trained staff devoted to this project has included one full -time city employee who served as Lead Case Manager and whose sole responsibility has been to implement and monitor the program. Beatriz Preciado has extensive experience working with young people and substantial organizational skills, and has been instrumental in the success of the 2011 -2012 and 2012 -2013 WIA programs. She has recently earned a Master's degree in Library and Information Science from San Jose State University, and her undergraduate degree from California State University Fullerton centers on Interpersonal Communication. In addition, our Young Adult Librarian has devoted nearly half of her work time to guiding and overseeing the program. The librarian in charge of CTV -3 programming for the city has been responsible for effective cooperation with Ranch Santiago Community College District's Corporate Training Institute, with the result that class schedules and locations, content and student monitoring were implemented and problems solved promptly. She also has had oversight of the work experience of the youth participants, coordinating filming, editing, and web content design through the efforts of her staff. Additional staff has roles as tutor and project mentors (refer to attachment K and L for a list of SAPL and RSCCD Project staff). EXHIBIT A 25E -21 In collaboration, the efforts of these staff members have produced notable successes, especially with WIA - mandated goals. The program has achieved full enrollment very early in the cycle for both 2011 -2012 and 2012 -2013. Thus far, a total of forty participants have completed the first phase of the training successfully, and were awarded certificates from Rancho Santiago Community College District testifying to their mastery of digital media preproduction skills. Our out -of- school participants are working to complete high school requirements under staff supervision. In pursuit of WIA employment development goals, participants have been able to take part in the RSCCD Young Entrepreneurs Program, which exposes youth to mechanisms and methods of increasing the marketability of their products and skills. The program is organized and running efficiently. Staff is skilled in providing the mentoring, support and monitoring required by the grant. Participants receive a well - balanced digital media training curriculum taught by qualified instructors, and RSCCD certificates at its conclusion. They experience the workplace and its requirements while working for the library and are paid an hourly wage. They are supported by staff and outside resources in pursuit of educational goals and needed personal counseling. The youth are brought into contact with potential employers and taught to present themselves effectively in the job market. We are poised and prepared to move smoothly into a third year of successful service to at risk youth in the community. Experience/ Qualifications: Rancho Santiago Communitv College District ( RSCCD): RSCCD has had a long and extensive history of serving Santa Ana youth. The Santa Ana College campus of RSCCD was the second junior college in the county and was founded in 1915 as a department within Santa Ana High School. As such, the campus has focused on serving the youth of Santa Ana from its very inception. A list of recent programming efforts illustrates this continued commitment towards the city's youth. Since 1995, RSCCD has initiated numerous programs to address the needs of Santa Ana youth. These efforts have included a 1997 HUD -COPC grant, 1998 -2006 Learn & Serve America program, and an AmeriCorps Foster Youth Project between 1998 and 2005. Ongoing youth orientated initiatives include GEAR UP (1999 - present), Student Support Services (1995- present), and Talent Search (1995 - present). Through numerous programs, RSCCD provides tutoring; mentoring; counseling advisement; PSAT /SAT /ACT preparation; job shadowing and work experience for 9th -12th graders at SAUSD high schools; the Early Decision program to provide counseling, registration, and fall enrollment for incoming seniors; and a summer Math Bridge programs for 8th graders to be able to enter and succeed in Algebra I in 9th grade. This support of youth extends to the District's commitment to help minority youth graduate from college. Santa Ana College has the 5h highest number of Hispanic graduates in California and is ranked 12`h nationally amongst junior colleges. RSCCD, through its Corporate Training Institute, has been working with WIA since October 2009 when it began co- authoring a Department of Labor grant in partnership with the Santa Ana W /O /R/K Center. Work on this grant began in July 2010, titled the Job Technology Project, and it focused on providing 100 displaced workers with job skills assessments, basic skills training in reading, math and analytical thinking, as well as computer literacy classes and green training in solar energy, water treatment and water distribution. Unemployed individuals who participate in the Water Technology courses took the State exam for certification and the grant funds provided job development and placement services. The Corporate Training Institute is also a partner on the Orange County WIB's California Gang Reduction, Intervention & Prevention (GRIP) grant. The program focuses on assisting youth that are at risk of gang involvement and gang- involved youth in obtaining employment readiness skills. Eligible youth receive a full array of workforce development services that include job exploration activities, paid training and subsidized EXHIBIT A 25E -22 work experience. Youth participating in the Ca1GRIP program are provided with the proper tools to succeed in their careers and encouraged to continue on a successful and productive future. The primary staff members who will oversee the project include Ms. Ruth Cossio- Muniz, the Director of the Corporate Training Institute. She leads most of the WIB projects at Rancho Santiago CCD and continues to forge additional joint ventures. In this partnership, she will be working with the professional trainers on customizing curriculum for the high school youth, managing schedules of all instructors for the digital technology training, preparing presentations, publishing handout materials, coordinating staff to update student records and transmitting invoices, as well as maintaining communication with all partners involved. (Refer to attachment L for a list of RSCCD staff that will be assisting with this project.) III. State the Problem A significant number of youth in the community of Santa Ana come from economically disadvantaged families. Low socio- economic status often leads to a number of barriers impeding student success such as educational underachievement, higher likelihood of high school dropout, offender, teen parent, and welfare dependency. Latino students comprise a majority of the student population in the Santa Ana Unified School District. Nearly seventy -two percent are reported as dropping out. These students leaving school without a diploma will limit their opportunities for personal and/or professional success by not having the appropriate education or training for the labor force. It is known that high school dropouts earn less wages, are more likely to commit crimes, and are considered less healthy both physically and emotionally than students that graduate. Many jobs in the market require a high school diploma, so that youth who do not graduate contribute to increasing unemployment rates among youth, juvenile arrests, gang affiliation and births to teens, perpetuating the poverty cycle. For students who do earn a high school diploma, many do not enroll in post- secondary institutions. Instead, they enter the workforce to assist their families financially. But with limited education, training, and/or experience it is difficult to find employment with sustainable earnings. As a result many youth become frustrated with their current situation and resort to substance and/or drug abuse for an escape. Students who do enroll in post- secondary education are often first generation students and therefore have difficulties adjusting to the role of college student. Students are often unaware of the resources on campus available to assist them with the completion of their degree. Therefore many students perform poorly and eventually drop out of college. IV. Barriers The "Seeds to Trees" program plans to recruit youth with barriers to employment, educational advancement, and a successful future. To see the complete list of barriers please see attachment F2. For this reason the program will devote particular attention to probation/foster youth and youth with disabilities. Foster Youth: The library has developed a successful association with Orangewood Children's Foundation which serves foster youth in Orange County, and they have agreed to refer foster youth for participation in the program (refer to Letter of Commitment from Orangewood Children's Foundation). WIA youth interns are currently working on producing two videos highlighting the Academy, a Orangewood sponsored Charter High School projected to be opened in August 2013, as well as a video highlighting the Rising Tide Transition Living Program. Further, the Project Director has been attending meetings of the Foster Youth Breakthrough Collaborative since 2009. Since EXHIBIT A 25E -23 several project employees are former emancipated foster youth from Orange County, we will have staff on hand uniquely qualified to assist foster youth interns. Probation Youth: The "Seeds to Trees Digital Media Academy" program plans to recruit youth who are on probation through our partnership with the Orange County Probation Department. We have had tremendous success with probation youth community service volunteers. Forty to fifty probation youth volunteer at the library annually, and ten to fifteen of those remain as volunteers after their service hours are completed. We are currently piloting a program specifically aimed at probation youth that includes workshops on adolescent behavior and attitudes and how they resonate in a student's life, as well as classes in needed academic subjects. Youth with Disabilities: Youth with physical disabilities will be welcome in the program, as will youth with mild learning disorders. Youth with severe cognitive disabilities will find the educational components of the program too demanding. With space in the program limited, it is necessary to offer the training only to those who can benefit from it. Among the youth served by the Santa Ana Public Library, there are a number of barriers associated with poverty preventing the achievement of short and/or long term goals. The most common barrier as concluded by the TABE test is basic skills deficiency. Student results indicate that a majority of students are performing at or below an equivalency of 8.9 grade level. These students often have difficulties in the completion of their education, since they are likely to fall behind in semester credits and in turn eventually drop out of high school. A second common barrier is poor work history. Students with poor work history are at least 19 years of age and have never had a full -time job. As students continue to search for opportunities in a competitive job market, they have fewer opportunities with limited education and work experience. Many of the youth do not have reliable transportation to and from school or to the place of employment. As a result it causes an attendance and/or punctuality issue. Many of the students do not have professional clothing readily available for employment interviews or professional events. These barriers are often setbacks for students. V. State the Solution The Seeds to Trees program is supports students by providing resources, knowledge and/or informational tools to find personal connections for educational and local workforce opportunities. Throughout the program, students will have the opportunity of attending media arts instruction with the implementation of a curriculum similar to college coursework. Students will attend or partake in various activities to enhance their educational, employment and life skills. Mentorship has always been a cornerstone of the Santa Ana Public Library's Teen (12 -18) and Young Adult (18 -24) programming, and thus it will be a cornerstone of the "Seeds to Trees Digital Media Academy" program as well. All program participants will be assigned a Tutor Mentor, who they will meet with individually on a weekly basis for 30 minutes as part of their on -the job training. They will discuss the progress of their vocational and on -the job training as well as any additional educational tutoring and support service needs that they may have. Tutor Mentors will provide the necessary resources to meet their mentees' needs (Please see attachment M for a list of resources). Tutor Mentors will also schedule their mentees' tutoring time at this meeting. In addition to mentoring from their assigned Tutor Mentors, interns will also receive mentorship on their particular production projects from project mentors. These Project Mentors will be responsible for helping interns develop and produce content for programming on specific topics. (Please See Attachment K for a list of tutor mentors and project mentors). They will also receive mentoring from the Lead EXHIBIT A 25E -24 Case Manager who will meet with them on a bi- monthly basis to track their progress and needs. Interns will also receive additional mentoring from their in -class vocational training instructors. At the end of the program students will earn three occupational skills certificates that will testify to enhanced skills and readiness for employment opportunities. The Santa Ana Public Library works closely with the Adelante program at Santa Ana College, an initiative advocating for every home in the city to have a college degree. High School students may enroll in the Adelante program and upon completion of general education requirements, admission to either University of California Irvine or California State University Fullerton is guaranteed. All student interns will spend a portion of their on- the -job work time assisting TeenSpace staff in one of our "Buddy" programs. As part of the "Buddy " program, student intems will be given the opportunity to learn to mentor and serve as role models to younger children (4-11) in a variety of our ongoing "Buddy" programs such as "Reading Buddy ", "Math Buddy ", "Art Buddy ", "Sports Buddy ", "Healthy Buddy ", "Garden Buddy ", "Acting Buddy" and "Science Buddy ". All interns will also have the opportunity to join the Teen Library Club volunteer program, and participate in the many community and library volunteer service projects the club participates in, such as the Santiago Creek Clean -ups, OC Marathon Clean -ups, Heritage House Gala Fundraisers, Autism Walk, Library Halloween Haunted House, Santa's Corner, and Library Book Sales. Interns will also have the opportunity to develop their leadership skills at a Teen Library Leadership curriculum program. The Youth Leadership program is a six - month, once -a -week curriculum culminating in a manual of topics and/or community service projects discussed. They will further fine tune their leadership skills when they attend TeenSpace "Public Speaking" workshops. All student interns will receive instruction in the basics of marketing strategies during the course of their in- class training. Participants in the Digital Media Apprenticeship Program will be enrolled in an advance marketing course, in order to learn how to promote themselves and gain important skills to build their own digital media freelancing work career. Interns will also be taken on a fieldtrip to a Public Relations firm as part of their marketing coursework. In addition to this, all student interns will attend several workshops put on by the RSCCD Youth Entrepreneurship Program (YEP) at the Santa Ana Public Library as part of their on -the job work experience. Upon exiting the program all participants will be able to enroll in the YEP program to further gain training and development in building their own digital media freelancing business. (Please refer to attachment J) During the course of their on- the -job work, all interns will be assigned to attend several life skills development workshops in areas of financial management, healthy living, green living, and independent living featuring domestic skills like cooking, gardening and sewing basics. All these are programs are a general part of the TeenSpace programming (Refer to attachment Q for flyers of TeenSpace Programs). The entire format of the "Seeds to Trees" academy program is one that focuses on work experience. First, youth are hired as Work Experience employees (WEX) and then they are promoted and hired on as Library Page interns and paid an hourly wage to receive a complete in -class and on- the -job training work experience that they can use to propel them into higher education, employment and/or self - employment as a freelance entrepreneur. Caring mentors and teachers cannot solve all of a student's future employment problems. However, through the "Seeds to Trees Digital Media Technology Academy" program, students will be encouraged to seek training in technologically sophisticated fields. Santa Ana Public Library is committed to providing the brightest possible future for our young people. It is vital for them to have opportunities to develop skills that will provide them a path into growing industries. An examination of the occupational outlook for California and the nation for the EXHIBIT A 25E -25 next decade suggests that technology related skills can provide that path. According to the California Occupational Employment projections for 2010 -2012, California's total occupational employment, the majority of industries in California are expected to grow only 3.8 percent over the next two years. Yet, jobs in information, communications and technology fields will grow 7 percent over that time period, according to the most recent study of California's job situation by BW Research and California Community Colleges Economic and Workforce Development Centers of Excellence and the Mid - Pacific ICT Center. Occupations such as Film and Video Editors, Multi -Media Artists, and Animators are expected to grow because of the rising demand for films due to home entertainment options such as cable, satellite, and Netflix. In the longer term, the Bureau of Labor Statistics' latest Occupational Outlook ( http : / /www.bls.gov /oco /ocos090.htm ) suggests that video and web design - related employment will grow between 8 and 24 percent in the next ten years (Please refer to attachment R for more detailed breakdown). And these projections cannot anticipate the growth of new professions that may develop from these paths in the future. VI. Proposed Program The "Seeds to Trees Digital Media Technology Academy" program developed by the Santa Ana Public Library in partnership with the Rancho Santiago Community College District's (RSCCD) Corporate Training Institute (CTI) program is a free comprehensive apprenticeship program comprised of paid training and work - experience student internships for 20 youth ages 16 -21 leading to certifications in the fields of digital media technology. Of these 20 WIA eligible student interns, 8 youth (40 %) will be "Out -Of- School Youth" (ages 16 -21) and 12 youth (80 %) will be "In- School Youth" (ages 16 -21). At least 2 (10 %) will be foster, probation and/or youth with learning disabilities. This program will promote the Santa Ana Youth Council's (SAYC) vision for Santa Ana Youth by creatively addressing each one of the major target areas in the SAYC's vision. Having identified the need for community savvy digital content producers, the Santa Ana Public Library and RSCCD will provide an opportunity for youth participants to learn valuable job skills while contributing to their community's knowledge of youth related issues. While the program has a certain amount of structured content creation, the students themselves will be given a large amount of room in which to voice their own unique perspective on the issues facing Santa Ana youth. By tapping into this creative partnership between the SAPL and the RSCCD, both institutions will increase their capacity to serve youth patrons. Advances in information technology have inundated the lives of millions with a vast amount of media. User generated content has fast become a source of news, entertainment, and artistic expression for an entire generation of web savvy individuals. As e- commerce continues to grow at faster rates than the rest of the economy, the ability to express one's insights with multimedia presentations has become an increasingly marketable skill. Those individuals with the proper training and knowledge of digital creation tools will be in a prime position to excel in a 21s` century economy. Many of our local youth are already naturally web savvy and are open to the idea that they could one day follow a career in digital content creation. In this way, the digital media academy taps into a youth's desire for self expression and teaches valuable work skills in the process. In collaboration, the efforts of staff members have produced notable successes, especially with WIA- mandated goals. The program has achieved full enrollment very early in the cycle for both 2011 -2012 and 2012 -2013. Thus far, a total of forty participants have completed the first phase of the training successfully, and were awarded certificates from Rancho Santiago Community College District testifying to their mastery of digital media preproduction skills. Our out -of- school participants are working to complete high school requirements under staff supervision. In pursuit of WIA employment development goals, participants have been able to take EXHIBIT A 25E -26 part in the RSCCD Young Entrepreneurs Program, which exposes youth to mechanisms and methods of increasing the marketability of their products and skills. Recruitment and outreach for the program will occur at the start of the grant cycle 7/1/2013. Prior to the start of the program, the library TeenSpace staff will promote the upcoming "Seeds To Trees" program during its Summer Volunteer Institute program which annually recruits over 120 summer volunteers, many of which are WIA eligible, and it's Probation Youth Community Service program which has an average annual participation of 40- 50 youth on probation. In addition to recruiting from its pool of WIA eligible summer volunteers, staff will also make presentations at Orange County FYO (Foster Youth Outcomes) meetings, CASA (Court Appointed Social Advocates) meetings and at local Santa Ana High Schools, to recruit candidates for this program. We will begin accepting notices of interest in the "Seeds To Trees" Digital Media Academy in May and distributing and accepting applications including gathering all documents required by the Service Navigator to determine youth WIA eligibility. Once youth eligibility is confirmed, youth will be hired as Work Experience employees (WEX). It is anticipated that all this will occur in the month of August, 2013 in anticipation of the media arts courses which simulate a college semester. The ambitious goal at this point is to have already recruited and enrolled at least 15 (75 %) of total 20 youth participants planned in the program. During this phase, all student interns will also take a TABE assessment test to determine their basic skill level. Work Experience (Santa Ana Public Library): The entire format of the "Seeds to Trees" academy program is one that focuses on work experience. First, all 20 youth are hired as Student Intern Work Experience employees (WEX) and then they are promoted and hired on as Library Page interns and paid an hourly wage to receive a complete in -class and on-the-job training work experience that they can use to propel them into higher education, employment and/or self - employment as a freelance entrepreneur. Upon WIA eligibility determination and acceptance into the "Seeds to Trees Digital Media Technology Academy ", all 20 youth participants will be hired as work experience employees (WEX) (Please refer to our Paid Work Experience Policy). Participants will work 8 hours a week, and of that 4 hours will be in -class training and the other 4 hours will be on -the job work experience as production crews responsible for creating content and programming that will be broadcasted on Santa Ana's library run CTV3 station and website during the introductory 4 week pre - production phase of the project. After this 4 week period, all 20 youth will then be able to specialize in two fields of digital media like video production, digital music or graphic design during the next 14 weeks. During this phase, they will work 10 hours a week, and of that 6 hours will be in -class training and 4 will be spent on producing and creating content for CTV3 and the Seeds to Trees spotlight website. They will focus primarily on producing health and fitness related programming and on pre - production research and development on other programming topics such as "green living ", history and news. The work - experience occurs concurrently with the class -room training in a project -based learning approach, because it gives interns an opportunity to immediately put their in -class skills to work in a very cogent manner. This portion of the work experience will run for approximately 18 weeks and will culminate in successful interns receiving a Digital Media Technology Pre - Production and Digital Media Technician certificate. Upon completion of their Digital Media Technology certification requirements, 12 student intems will be given the opportunity to continue in the development of their work- experience in the form of employment in 12 hours per week Digital Media Technology Apprenticeships. They will be hired as paid library pages and will be put on the payroll of the Parks, Recreation and Community Services Department of which the Santa Ana Public Library is a division. As apprentices they will continue to develop their production skills and will work on developing and producing additional television programming on green living, nature, history, current events, literacy, music, arts and sciences, along with further developing and producing additional health and fitness programs. The apprenticeship will be a 16 week program and upon successful completion of designated program project goals, which will be outlined in the program flow section of this narrative, participants will receive a Digital Media EXHIBIT A 25E -27 Technology Apprentice certificate from RSCCD Corporate Training Institute. Participants will work 12 hours a week, and of that 2 hours will be in -class marketing training and the other 10 hours will be on -the job work experience as production crews. As part of their paid work experience, all participants will blog weekly about their internship experiences and progress, and will upload their digital media creations to a "Seeds to Trees Digital Media Technology Academy" website. Interns will also upload their videos to a "Seeds to Trees" YouTube channel as well as join a "Seeds to Trees Digital Media Technology Academy" Facebook site. Staff members at the Santa Ana Public Library are professionally prepared to address the various barriers to successful program completion that youth face. Interns will be provided with transportation between training sites in library vans driven by qualified drivers, and will be provided with similar transportation between work sites during the work experience phase of the program. Four times per month, a trained Masters in Social Work intern will be present in the library to talk with interns about personal and learning issues. In addition to counseling interns, she will assist staff in referring interns and their families to needed social service providers. There is an anticipated increase of 8 -24% in jobs that require web and video production skills and media savvy public relations skills. Hence this is a high growth field, and interns will be encouraged to further their education to take advantage of this market need. As the youth complete this program they will be taught industry techniques that freelancers use to procure work in a highly competitive environment. Each one of the students that completes the program will have established a digital portfolio containing samples of the media that they created during the duration of the internship. Ultimately, positive career prospects will help to provide these students with the ability to continue down the path to self sufficiency. The duration of the Seeds to Trees program is approximately one year, from August to June of the following year. In order for youth to receive the maximum benefits of the program he /she must commit to between 8 -12 hours a week. These hours per week include instruction and work experience, in addition to workshops to enhance participant skills. Students have the opportunity of interacting with a Case Manager at each class, work experience or workshop. On Average students and Case Manager interact 4 -5 times a week. For more intensive needs of the students, the Case Manager is available mornings. VII. Vocational Training and Certification in Digital Media Technology (RSCCD- CTI/DMC): Student interns will receive introductory and intermediate level training in the following areas: 1.) Video Production, 2.) Graphic Design, 3.) Digital Music Production, 4.) Web Design, 5.) Script- writing and, 6.) Marketing. (Please refer to attachment N for a curriculum syllabus) Interns will attend these digital media technology classes for 4 hours a week for 18 weeks. The successful completion of this portion of the in -class training and concurrent on- the -job training will result in RSCCD -CTI awarding the intems certificates in Digital Media Technology Pre - Production. Student intems then will be able to specialize and receive additional training in Web Design, Video Production, or Digital Music Video Production. Interns will attend these specialty training sessions for 4 hours a week for 9 weeks. The successful completion of this portion of the in -class and on- thejob training will culminate in RSCCD -CTI awarding interns certificates in their respective Digital Media Technology specialties Student interns who continue on to work as apprentices will receive instruction in marketing, will be required to attend a 2 hour per week, 2 month long intensive marketing course in order to receive their Digital Media Technology Apprentice certification from RSCCD Corporate Training Institute. During the course of their coursework all intems will also develop a personalized Digital Media Portfolio that they can utilize when applying to jobs, colleges, and in advertizing their skills if they choose to pursue a freelancing career. VIII. Tutoring/ Mentoring/ Support (Santa Ana Public Library): The Santa Ana Public Library currently runs an after- school tutoring program in its Central Library and Newhope Learning Centers as well as in its Central library and Jerome TeenSpace programs. All student interns will have access to these tutoring services. Prior to acceptance into the program, all WIA enrolled youth will take a TABE test to assess their levels of EXHIBIT A 25E -28 basic skills. All enrolled youth who are basic skills deficient will be assigned a TeenSpace Sr. Tutor mentor who will schedule time to tutor them on a daily or weekly one -on -one basis to increase their basic skills to the 9th grade level. Students who are not basic skills deficient will also have access to one -on -one hands -on tutoring, primarily in English (as this is what is most needed in the production field) with the goal of increasing the grade levels of their English abilities. Tutoring help will be provided to in- school youth who are in 12`h grade to complete their high school diploma. Out of school youth who do not possess a high school diploma must enroll in the library GED completion program. Currently the library is in the process of piloting a "Teen Parent GED Completion Program ", and allowances will be made for participants who are not teen parents to also join the program in order to receive additional assistance in order to complete their GED. Sr. Tutors mentors will utilize TeenSpace math and English computer software applications as a creative strategy to assist all their students increase their literacy and numeracy gains. IX. Employment Interns will attend career skills workshops on resume and cover letter creation, interviewing techniques and "Dressing for Success" as part of their on -the job training. Towards the completion of their program, interns will also attend workshops on job searches, submit applications, and post their resumes on several sites. The youth are brought into contact with potential employers and taught to present themselves effectively in the job market. Students have access to an employment binder where a number of job postings are included weekly. In addition the Case Manager sends several job leads to each participant's email weekly. All work - experience will be conducted at the Santa Ana Public Library in the Technology Department. After exit, students will continue to have access to the employment binder and also receive emails from Case Manager in regards to possible job leads. X. Post - Secondary Education: Interns will attend workshops on college searches, college applications, scholarships and financial aid, as part of their on- the -job training. Interns will also be taken on fieldtrips to local colleges such as Santa Ana College, Cal State Fullerton, Chapman University and the Art Institute in Santa Ana and Adelante at Santa Ana College. Intems are also exposed to professional organizations such as Reforma, and are encouraged to attend professional level conferences and workshops. XI. Common Measures All the services provided by the "Seeds to Trees" Digital Media Technology program will serve to encourage participants towards fulfillment of the WIA performance goals. During the entire program, classes in basic academic skills will be conducted by program staff for students with educational deficiencies. Our program has a strong hands -on, one -on -one tutoring component, and this will surely lead to an increase in literacy and numeracy proficiency among our youth participants. In fact, it is anticipated that 8 (40 %) of youth will attain an increase in the literacy /numeracy proficiency rates. We will monitor program activities and manage for performance via youth surveys, tutor mentor weekly progress notes, and lead Case Manager bi- monthly youth meeting progress reports that will help us monitor the progress of our youth participants, as well as to adequately meet their tutoring and supportive service needs. This will help us continuously track and assist our youth in raising their basic skills proficiency. Since the project provides interns with an introduction to a higher education training experience, we anticipate that out of the 20 students we will enroll in the program, 13 (65 %) will attain placement in post secondary education and/or employment. EXHIBIT A 25E -29 It is planned for all 20 interns to obtain a Preproduction Certificate from the RCSSD Digital Media Center by the end of the 18`h week of their training and education program. Fourteen (70 %) of the most promising students will then graduate to a more intensive apprenticeship program of training that will result in an advanced certificate, and will be eligible to participate in the paid work experience element of the program at the Santa Ana Public Library. Of the 20 youth enrolled in the program, it is anticipated that 12 youth (61 %) will attain RSCCD accredited certifications in Digital Media Technology, These youth will possess one, two or all of the following certificates: • Digital Media Technology Pre- Production Certificate • Digital Media Technician Certificate • Digital Media Technology Apprentice Certificate In addition to these certificates, we anticipate that (61%) of our youth participants who did not possess a GED certificate or high school diploma will also acquire a GED certificate or high school diploma upon completion of the program in June 2013. Continuous improvement measurement requires baseline figures from which to gauge performance. The program will begin with an objective evaluation of the interns' technical and academic skills and a survey of their own opinion of those skills. The staff will repeat these measurements at the end of each major element of the program, and determine changes required to address weaknesses on programming revealed by these measurements. This will enable staff to quickly shore up or replace program elements that are not accomplishing their intended results. Program managers from both RSCCD and the library have carefully considered the numbers and types of staff required for each class and workshop, and to provide mentoring and support services for interns as they progress through the program. The continuous improvement measurements will provide information that may suggest inadequate staffing in some areas, as will regular meetings of staff and participants. The library is obligated to replace ineffective staff, and/or provide additional staff as circumstances dictate, and has sufficient staffing to do so. These program elements will insure that students graduate from the program satisfying WIA performance goals, and better prepared for an effective working life. XII. Prior Outcomes: EXHIBIT A 25E -30 Common Measures 2011 Increased Literacy/ Numeracy Skills 8/ 8 = 100% 40% 20 Entered Employment of Post - Secondary Education 4 / 4 = 100% 65% 16/19 Attained Credential/ Diploma/ Certificate 20 / 20 = 100% 61% Number of student population is smaller due to exclusions on some of the performance measures. The Youth Service Provider Network at Exit Outcomes reported the following breakdown without such exclusions. (For a more complete report of program accomplishments, and completed enrollment verification, refer to Attachment Il for 2012 -2013 and Attachment I2 for 2011 - 2012). Santa Ana Public Library July 2011 to June 2012 Post Secondary Education 9 Credentials 20 Job 15 Improved Basic Skills 16/19 XIII. Facility Facilities: • Educational activities will take place at four sites: o The Rancho Santiago Community College Digital Media Center on Bristol Street in Santa Ana. The Center consists of a business incubator for emerging digital media businesses; classrooms equipped with smart technology and a production facilities that serve as the new home of the Santa Ana College (SAC) TV/Video department and SAC -TV. The Center is open to students 8:00 am — 11:00 pm Monday- Friday, and some hours on Saturday. • The Rancho Santiago Community College District Office Complex • The Santa Ana Public Library Main Branch located at Civic Center and Ross in Santa Ana. The Main library is open 10 am -9 pm Monday- Thursday, and 10 am — 6 pm Friday and Saturday. Computer labs and classroom space available to students are located in the TeenSpace, the basement of the Main Library, and the Mezzanine. All three areas are wired for data transmission using the City's public access Internet. • The Jerome Recreation Center, located at 716 Center Street in Santa Ana, has a computer lab for teens that is wired for data transmission using the City's public access Internet. • Youth employment will take place at the Santa Ana Public Library Main Branch and at the Jerome Recreation Center. Both are within the city boundaries of Santa Ana. The TeenSpace at Jerome Recreation Center is open 3:00 pm — 8:00 pm Monday- Thursday and 3:00 pm -6:00 pm Friday. Both locations offer teens a designated, specially designed space for them to relax, do homework and meet friends, and are ADA compliant. XIV. Fiscal Capacity: Fiscal Capacity: Santa Ana Public Library and RSCCD : The Library has a $2.9 M general fund operating budget and access to resources from Parks, Recreation and Community Services and other City agencies, hence EXHIBIT A 25E -31 our stability is not dependent on W IA funds ( refer to attachment O for a description of SAPL fiscal capacity). RSCCD has an annual operational budget of approximately $190 million that is collected from a variety of revenue streams. The organization complies with all local state, and federal laws that it is required to meet as part of the US Comptroller General Government Audit Standards. (Refer to attachment P for a breakdown of RSCCD annual operating budget) Subcontracting: The Santa Ana Library and Rancho Santiago Community College District will not subcontract non- client services. All services will be provided by the Santa Ana Public Library or by the Rancho Santiago Community College District. Follow -up Services: Program staff will maintain monthly contact with the graduates for 12 months after graduates exit the program. Staff will provide 12 months of follow -up, education and job- retention support to graduate, as well as ongoing coaching and mentoring when necessary. Transition assistance into Santa Ana and Orange Coast College will also be provided, to youth who decide to pursue higher education. Targeted Projects: Green- Collar Careers: One of the television programming projects that "Seeds to Trees" student interns will produce will focus on sustainable green living. Tentatively titled "It's a Green Life" this project is currently in its pre - production research and development phase. Student interns will get the opportunity to further research topics on "green living" that they will then compile and put together in monthly mini - documentary segments. These segments will focus on informing the public on various aspects of living a "green conscious" life, including informing them on the technologies that are available to them to assist them in this pursuit, like solar paneling installation. While not technically a hands -on green collar career pathway, this type of programming focuses on the importance of "green" journalism that seeks to informs and instruct the public on "green technology" and hence make them more aware, promote sustainability awareness and seek out "green collar" services for their businesses and homes. It works as a promotion tool for green collar career services. STEM and Health: The whole crux of the "Seeds to Trees" Digital Media Technology Academy is a focus on media technology and therefore is very STEM (science, technology, engineering, and mathematics) career conscious. In addition to this focus on digital technology, many of the topics that student interns will be producing television programming on are related to science, technology and engineering, and while not directly related to math, will instill an appreciation for math in the viewer. Some programming topics that student interns will research, develop and produce programming for are: "Do It Yourself Arts and Science Projects', "Focus on Nature" and "Citizen Scientists ". In addition to developing and producing television programs focusing on "green living" and science, student interns and apprentices will also produce shows focusing on healthy living topics. Participants in the TeenSpace Youth Health Ambassador Volunteer program are currently working on a project titled "Small Steps Towards Healthy Living" in which they develop health topic related programming to be broadcasted on CTV3. Among some of their programs currently in development is a cooking show called "TeenSpace Cooks ", a Fitness Buddy workout and nutrition show, and "Small Steps towards Healthy Living" series of mini - documentaries informing viewers on small steps that they can take towards healthy living. "Seeds to Trees Student Interns" will continue producing content for these already established health topic programs. EXHIBIT A 25E -32 YSPN MEMBER PERFORMANCE PLAN 2013 -2014 WIA YOUTH POPULATION Youth Population Ages # of YE20 erved In- School 16 -21 Out -of- School 16 -21 TOTAL NUMBER OF YOUTH TO BE SERVED PROJECTED ENROLLMENTS & EXPENDITURES (NOTE: 75% OF YOUTH MUST BE ENROLLED BY 2ND QUARTER- DECEMBER 31, 2012) Quarter # of Enrollments Estimated Expenditures per Quarter 6. Leadership development opportunities, which may per Quarter youth to fulfill performance 1" 15/75% $42,499.00 2" (75% Enrollment Required) 5/15% $42,499.00 3 $ 42, 499.00 4 $42,450.00 TOTAL 20 $ 170,000.00 PERFORMANCE GOALS /COMMON MEASURES "DISCLAIM ER: OUTCOMES ARE SUBJECiTO INCREASE /DECREASE DEPENDING ON YOUTH POPULATION Performance Category Total # of Youth Multiplied by Minimum # of 6. Leadership development opportunities, which may Performance Rate youth to fulfill performance Placement in Employment OR include community service and peer- centered X Placement in Post- Secondary Education 20 x 65% - 13 (by Exit or 1" Quarter Follow-Up) Attainment of Degree or Certificate (by Exit or by 3rd Quarter Follow -U) 1 20 x 61% = 12 Improved Literacy OR Numeracy 20 x 40% 8 10 WIA ELEMENTS (mark an "x" next to the elements provided in your program) 1. Tutoring, study skills training, and instruction, X 6. Leadership development opportunities, which may leading to completion of secondary school, include community service and peer- centered X including dropout prevention strategies activities encouraging responsibility and other positive social behaviors during non - school hours, as appropriate; 2. Alternative secondary school services, as X 7. Supportive Services (e.g. tools, books, clothing, etc.); _ appropriate; _ 3. Summer employment o opportunities that are X 8. Adult Mentoring for the participation and period of X directly linked to academic and occupational a subsequent period, for a total of not less than 12 learning (this element cannot be offered as a months; stand -alone activity); 4. As appropriate, paid and unpaid work X 9. Follow -up services for minimum of 12 months after X experiences, including internships and job the completion of participation as appropriate; and shadowing; S. Occupational skill training, as appropriate; X 10. Comprehensive guidance and counseling, which X may include drug and alcohol abuse counseling and referral, as appropriate. EXHIBIT B 25E -33 COMPLAINT HANDLING UNDER THE WOIRKFORCE INVESTMENT ACT SANTA ANA WIA Santa Ana Local Workforce Investment Area Revised May 7, 2009 EXHIBITC 25E -34 Table of Contents I. Information Regarding Complaints 3 A. Nondiscrimination and Equal Opportunity Complaints _3 1. Policy Statement _3 2. Civil M 3. Nondiscrimination laws under WIA 4 4. How to File Your Complaint 5 B. Criminal Complaints 6 II. General Procedures for Handling Non - Criminal Violations of the Act 6 III. Procedures for Handling Complaints at the LWIA Level 8 IV. Procedures for Handling Complaints at the State Level 12 V. Procedures for Handling Discrimination Complaints by Participants 15 VI. Procedures for Handling Handicap Complaints by Participants 17 GLOSSARY OF WIA TERMS 20 2 EXHIBIT C 25E -35 Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints 1. Policy Statement In carrying out the purpose of the Workforce Investment Act (WIA), the City of Santa Ana Local Workforce Investment Area (LWIA) will establish programs to prepare youth and unskilled adults for entry into the labor force and to afford job training to those individuals facing serious barriers to employment. Every effort will be made to provide services necessary for eligible individuals to obtain productive employment. In implementing WIA, all contractors in the Santa Ana LWIA will foster equal opportunity and non - discrimination, as provided in State and Federal equal opportunity and non - discrimination laws including, but not limited to: • Title VI of the Civil Rights Act of 1964 • Title VII of the Civil Rights Act of 1964 • The Age Discrimination Act of 1975, as amended • Section 503 of the Rehabilitation Act of 1973 • Section 504 of the Rehabilitation Act of 1973 • Title IX of the Education Amendments of 1972 • Section 188 of the Workforce Investment Act of 1998 In keeping with our commitment, no individual shall be excluded from participation in, denied benefits of, subjected to discrimination under, or denied employment, in the administration or of in connection with any WIA funded program because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief. Participation in programs and activities financially assisted in whole or in part under WIA shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugee, parolees, and other individuals authorized by the Attorney General to work in the United States. No individual will be intimidated, threatened, coerced, or discriminated against because of filing a complaint, furnishing information, or assisting or participating in any manner in an investigation, compliance review, hearing or any other activity related to the administration of WIA. EXHIBIT C 25E -36 Administration responsibility for this Equal Opportunity /Affirmative Action (EO /AA) Program is delegated to the Equal Employment Opportunity (EEO) Officer for the Santa Ana local Workforce Investment Area. Equal opportunity and non- discrimination, however, will only be achieved through leadership and implementation of a viable Affirmative Action Equal opportunity Program. 2. Civil Rights No one applying for or enrolled in the Workforce Investment Act (WIA) programs may be discriminated against because of race, color, creed, handicap, national origin, sex, age, political affiliation, or beliefs. This means that —for any of the characteristics listed above: a You may not be denied the opportunity to enroll in WIA. o No benefits or services may be denied you for discriminatory reasons. o You may not be segregated or treated any differently from other applicants or participants, while you are being registered, interviewed, counseled or tested; or while you are working or attending classes as part of the program. a You must be provided an equal chance to use all facilities available in the program. a Fair employment practices must be provided to all staff with regard to recruiting, hiring, transferring, promotions, training, compensation, benefits, layoff, and termination. You have the right to make a complaint if you feel you have been denied any of the above opportunities. You cannot in any way be penalized for filing a complaint. Your WIA sponsor has established a mechanism for handling complaints and grievances. Your complaint must be filed within 180 days. All complaints will be handled confidentially. 3. Nondiscrimination Laws under WIA Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the basis of race, color, national origin, or religion. The Age Discrimination Act of 1975 Prohibits arbitrary discrimination against persons age 40 -70. The Rehabilitation Act of 1973 EXHIBIT C 25E -37 Prohibits discrimination based on handicap. Title IX of the Education Amendments of 1972 Prohibits discrimination in any education or training program or activity receiving federal financial assistance. OTHER CIVIL RIGHTS LAWS Title VII of the Civil Rights Acts of 1964 Prohibits discrimination in employment based on race, color, religion, sex, or national origin in all terms and conditions of employment and establishes the Equal Employment Opportunity Commission as the administrative agency, White House Executive Order no. 11246 as Amended by Executive Order No. 11375 Creates the office of Federal Contract Compliance and prohibits discrimination based on race, color, sex, religion, or national origin. Department of Labor Secretary's Order no. 4 -73 Prohibits discrimination based on sex. Equal Pay Act of 1963 Prohibits pay differential solely because of sex. Emergency Employment Act of 1971 Prohibits discrimination based on race, creed, national origin, political affiliation, or beliefs. 4. How to File Your Complaint a. Put your complaint in writing. b. Have it sworn to before a notary public, if possible. c. Provides details that tell what happened, where it happened and when it happened. d. Give the name and addresses of all persons who were present or who had anything to do with the matter. ...Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation and citizenship, must be filed within 180 days of the alleged occurrence directly with: EXHIBIT C 25E -38 Director Civil Rights Center U.S. Department of Labor, Room N -4123 200 Constitution Ave., NW Washington, D.C. 20210 Complaints on the basis of handicap must be filed within 180 days of the alleged occurrence. These complaints must be filed directly with the WIA administrative entity. The WIA administrative entity shall issue a written decision within 30 days of the filing of the complaint. If the complaint is still unresolved, an appeal may be made to the Chief of State Workforce Investment Division Office, The Department of Labor, the Civil Service Commission, the Equal Employment opportunity Commission, and many other offices and agencies are committed to assuring equal employment opportunities for all persons. They will protect you. A case may be taken to court if the other processes do not yield satisfactory results. You may hire your own lawyer, or if you cannot afford one, the court may appoint one for you. It is unlawful for an employer, union, or employment agency to punish you or any witness for attempting to present the facts in a case. YOUR CIVIL RIGHTS UNDER THE WORKFORCE INVESTMENT ACT Santa Ana Local Workforce Investment Area 1000 E. Santa Ana Blvd., Ste 200 Santa Ana, CA 92701 (714)565 -2600 B. Criminal Complaints In accordance with the WIA (P.L. 105 -200) and the implementing code of Federal section 667.600.... Federal handling of criminal complaints and report fraud, abuse and other criminal activity. "All information and complaints involving fraud, abuse or other criminal activity shall be reported directly and immediately to the City of Santa Ana and the Secretary of Labor." General Procedures for Handling Non - Criminal Violations of the Act The following procedure is promulgated to meet the requirements of Title 20, of the Code of Federal Regulations, Section 667.600 through 667.640 of the WIA regulations, and Section 181(c) of the Act (Public Law 105.200, 29 U.S. Code Sec. 2931 et seq.) at the State and LWIA EXHIBIT C 25E -39 level for the receipt, investigation, hearing, and resolution of complaints by WIA participants, sub recipients, applicants for participation, or financial assistance, labor unions, community based organizations, or any other persons. These procedures provide for resolution of non - criminal complaints arising from the operation of the Santa Ana LWIA. A complaint is defined here as a written expression by a party alleging a violation of the Act, regulations promulgated under the Act, recipient grants, sub agreements, or other specific agreements under the Act, including terms and conditions of employment of such participants in employment training programs. All complaints, amendments and withdrawals shall be in writing. These procedures are intended to resolve matters which concern policies, procedures or action(s) arising in connection with WIA programs operated by each LWIA grant recipient and sub recipient under the Act. These procedures shall not be construed as affecting any other available legal remedy outside of the WIA complaint process (i.e., disputes regarding terms and conditions of employment of any employee who is not a participant), either separately or simultaneously, that a person may wish to pursue in the resolution of a non -WIA complaint. Also, these procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion Procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion and resolution of any problems outside of and without resort to the formal complaint procedure. A. The following principles and rules apply to all complaints at all steps of the complaint procedures: 1. All complaints must be made in writing within 180 days of the alleged occurrence, except complaints alleging fraud or criminal activity. 2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or discrimination. Good faith efforts shall be made to informally resolve the complaint prior to the scheduled hearing. Complainants have the right to withdraw their complaints (in writing) at any time prior to the hearing. A complainant may amend his /her complaint to correct technical deficiencies but not to add issues. 3. Complainants shall have the right to be represented at their own expense by person(s) of their choosing at all levels of the complaint process. 4. Upon enrollment into employment or training, participants shall be provided with a written description of these procedures, including notification of their right to file complaints and instructions for filing. An employer of participants, including private- for - profit employers of participants, may use this or other complaint resolution procedures so long as the participant is informed of the complaint resolution procedure they are to follow and the time frames governing review of complaints are met. EXHIBIT C 25E -40 A "participant ", within the meaning of these procedures, is an individual who receives employment- training services under a program funded by Santa Ana LWIA. The Complaint Resolution Procedures contained herein (or the alternative procedures which an employer may use) shall be available to participants to resolve disputes regarding items and conditions of employment of such participants in employment training programs. However, such procedures shall not be used to resolve disputes regarding terms and conditions of employment of any employee who is not a participant as defined herein. 5. If a complaint does not receive a decision at the LWIA grant recipient level within 60 days of filing the complaint or receives an unsatisfactory decision, the complainant then has a right to request a review of the complaint by the Governor. 6. Complainants must initially file and exhaust LWIA grant recipient/hearing procedures prior to appealing to the State except where the State determines that the LWIA grant recipient's procedures are not in compliance with the State's procedures. III. Procedures for Handling Complaints at the LWIA Level A. Receipt Complaints Pursuant to the WIA regulations found at 20 CFR, Section 667.600, the LWIA administrative entities have the responsibility to conduct hearings and resolve complaints made by individuals about the administration of programs in the LWIA. "LWIA level" encompasses LWIA administrative entity and employers to which the administrative entity has delegated the complaint resolution process. The following comprise the guidelines for resolving issues arising in connection with WIA programs operated by the Santa Ana LWIA including resolutions of complaints arising from actions, such as audit disallowances or the imposition of sanctions taken by the Governor with respect to audit findings, investigations or monitoring reports. 1. Form and Filing of Compliant Official filing date of the compliant is the date the written complaint is received. The filing of the complaint with the Santa Ana LWIA Equal Employment Opportunity Officer shall be considered as a request for hearing and a decision must be issued within 60 days. The complaint must be in writing and must be signed and dated. The complaint should also contain the following information: a. Full name, telephone number, if any, and mailing address of the complainant; b. Full name, telephone number, and mailing address of the agency involved (respondent); c. Clear and concise statement of facts including dates constituting alleged violation; EXHIBIT C 25E -41 d. What provisions under the Act, regulations, grant or other agreements under the Ac'i, are believed to have been violated; e. Remedy sought by the complainant; and f. If the complainant is a private or public entity or corporation, and not a natural person, the filing of the complaint must be duly authorized by the governing body of such entity or corporation. The absence of any of the requested information shall not be a basis for dismissing the complaint. A copy of the complaint must be sent to the respondent and both parties notified of the opportunity for an informal resolution. At each step of the complaint process, the complainant must be notified in writing of the next procedural step. 2. Informal Conference Informal conferences will be utilized by the Santa Ana LWIA to resolve complaints; however, such informal conferences shall not extend the time within which a decision must be issued after receipt of a complaint. Attempts at informal resolution will commence with two (2) weeks of the date of filing of the complaint. a. The EEO Officer will review the case and ascertain facts prior to the conference so that appropriate resolution can take place at the time of this meeting whenever possible. b. Although the complainant should be encouraged to attend this conference, his /her failure to do so should not preclude his /her right to request a hearing on the matter. c. If mutually satisfactory resolution results and the Santa Ana LWIA concurs, the EEO Officer will write a brief report for the file stating the issues and resolution. The matter shall then be considered closed. d. If resolution does not result, the complainant shall be provided the necessary information and assistance to request a hearing if he /she so desires. 3. Request for Hearing a. As in the case of the complaint, the request for a hearing should be put in writing and be filed in person or by mail. A governing board resolution of authorization to appeal should also be submitted when appropriate. The request should be filled with: Anita Queen Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M -24 Santa Ana, CA 92701 (714) 647 -5157 EXHIBIT C 25E -42 b. A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of tiling of the complaint. 4. Notice of Hearing Upon receipt of the request for hearing, the complainant and the respondent will be notified in writing of the hearing ten (10) calendar days prior to the date of the hearing. The ten -day notice may be shortened with the written consent of the parties. A decision will be issued by the Santa Ana LWIA within sixty (60) days of the date of filing of the complaint. The hearing notice shall be in writing and contain the following information: a. The date of notice, name of the complainant, and the name of the party against whom the complaint is filed. b. The date, time and place of hearing before an impartial hearing officer. c. A statement(s) of the alleged violation(s) d. Advise as to where information or assistance may be obtained, and the name, address, and telephone number of the Santa Ana LWIA Equal Employment Opportunities (EEO) Officer who can answer inquiries. B. Conduct of Hearing The hearing shall be conducted in an informal manner with strict rules of evidence not applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to enable adjustment to the circumstances presented. 1. The hearing officer shall have complete independence to obtain facts and make decisions. The hearing officer shall be in a position to render impartial decisions and thus should not be subordinate to the Santa Ana LWIA or its sub recipients. The hearing officer will be selected from a list of names on file with the EEO Officer. 2. Full regard must be given to the requirements of due process to insure a fair and impartial hearing. 3. The hearing office designated by the EEO Officer to function in a quasi - judicial capacity should begin the hearing by summarizing the record and the issue and should explain the manner in which the hearing will be conducted, making sure that everyone involved understands the proceedings. Such explanations should be adapted to the needs of the specific situation. The hearing officer might take testimony under oath or affirmation to give some assurance of veracity to the hearing. is EXHIBIT C 25E -43 4. The burden of proof should be reasonable and flexible, dependent upon the circumstances of the case involved. The hearing officer determines the order of proof. Generally, the party making the complaint has the obligation of establishing his or her case and should be examined first. 5. The party involved should have the right to be represented (at their own expense) if he /she so desires. Other he /she is limited to his /her own abilities and those to the hearing officer in obtaining testimony in the case. 6. It is important that the hearing officer obtain the fullest information for the record. If the parties involved, or their representatives, do not know how to ask the right or pertinent questions in pursuing their right to due process, it shall be necessary for the hearing officer to step in to have all the materials and relevant facts elicited. 7. The practice in informal hearings is generally not to apply strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. 8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior to the conclusion of the hearing. 9. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a recommended decision to the LWIA for final determination. The recommended decision shall be in writing and may be accepted, rejected or modified by the Santa Ana Workforce Investment Board. C. Issuance of Decision Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWIA shall issue a written decision to all parties by first class mail. The final decision shall contain the following information: 1. The name of the parties involved. 2. A statement of the alleged violation and issues related to the alleged violation. 3. A statement of the facts. 4. The decision and the reasons for the decision. 5. A statement of corrective action, if any, to be taken. 6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a review of the decision by the State Review Panel. D. Record of Hearing ii EXHIBIT C 25E -44 An administrative file containing support documents on the complaint resolution process hearing conducted will be retained by the Santa Ana LWIA. The purpose of a record is to serve as substantiation of the process followed by the Santa Ana LWIA on the resolution of the issues and the results. This information would then be available for subsequent review in the event the matter is raised with the State. Such records must be retained for a three - year period after the grant has been officially closed out. The Santa Ana LWIA's written decision will be included in the record. Evidence received at the hearing, notes by the hearing officer, stenographer's notes and tape recordings may also be used. E. Establishment of Complaint Procedures In accordance with Section 667.600, each employing agency including private- for - profit employers of participants under the Act is required to establish a complaint procedure for resolving matters relating to the terms and conditions of employment. Employers may operate their own grievance system or may utilize the Santa Ana LWIA's established procedures under Section 667.600. At a minimum these procedures must include: 1. Written notice, upon enrollment into employment training services, of the scope and availability of such procedures. Employer's grievance procedures shall be set forth in a written document and must meet the regulation mandate that a complaint will be resolved with sixty (60) days from the date the complaint was filed. A copy of employer's grievance procedure shall be provided to each participant upon enrollment in employment training. 2. Written notice, at the time the grievance is filed, of the procedures under which the grievance will be processed. 3. Written notification of the disposition of the grievance and a written decision shall be issued within thirty (30) days of the filing of the grievance unless a present and long established grievance specifically provides other limits; and 4. Written notification of the participant's right to request a review of the employer's decision by the Santa Ana LWIA and the State Review Panel in accordance with Section 667.600, IV. Procedures for Handling Complaints at the State Level Section 181 (c) of the Act and the WIA regulations at 20 CFR, Section 667.600 (d) requires the Governor to establish a State Review process of complaints filed at the LWIA grant recipient level and of complaints initially filed at the State level. Appeals of decisions issued at the LWIA level including audit disallowances and sanctions shall be reviewed by the State Review Panel, The State Review Panel shall review the record established at the LWIA level and shall issue a decision based on the information contained therein. ]2 EXHIBIT" C 25E -45 Complaints which may be initially filed at the State level will be heard by an independent hearing officer designated by the State Workforce Investment Division (WID). The hearing officer shall conduct a hearing and issue a recommended decision to the State Panel. The recommended decision shall be in writing and may be accepted, rejected or modified by the State Review Panel. A. Form and Filing of Complaint. 1. Request for State Review of LWIA Level Decisions On receipt of a complainant's request for review because of an unsatisfactory decision, the State shall provide for an independent state review. 2. Filing of Requests for State Review The State Review Panel shall review all LWIA level decisions when a request for review is filed within 10 days of receipt of the adverse decision. Such requests must be filed in writing with the Chief of the WID Office. The request for review should contain the following information: a. Full name, address, and telephone number of the party requesting the review b. Full name, address, and telephone number of the other parry c. A copy of the decision d. Brief statement of reasons for review or the section of the LWIA decision to be reviewed including regulatory and statutory citations e. A statement of the relief sought. 3. Complainant Responsibility It is the responsibility of the complainant to include in the request for review a written statement setting forth the facts presented at the LWIA hearing which support the requested relief. The Chief, WID, shall mail a copy of the request for review to the other party and to the LWIA. It shall be the responsibility of the LWIA to submit the complete record including a typed record of the hearing to the Chief, WID, within ten (10) days. B. Conduct of Hearings. 1. Request for Hearing at the State Level If no decision has been issued at the LWIA level or the State has determined arl audit disallowance or imposed sanctions, the complainant may request a hearing. The 13 EXHIBIT G 25E -46 hearing officer will then issue a recommended decision to the State's Review Panel for final determination. 2. Filing for Request for Review The request for a State hearing shall be filed within ten (10) days after LWIA should have issued a decision or ten (10) days after the issuance of the audit disallowance or sanction. The request shall be filed directly with the Chief of the WID in writing and should include the following: a. Full name, address, and telephone number of the LWIA b. Name, address, and telephone number of the LWIA C. Copies of complaints made at LWIA level from which no decisions were issued or sanctions and imposed. d. A statement of basis for the request for hearing. 3. Evidentiary Hearing Upon receipt of the request for a State level hearing, a hearing before a designated hearing officer will be scheduled. The hearing will be recorded mechanically or by court reporter. Both parties concerned will have the opportunity to present oral and written testimony under oath, to call and question witnesses in support of his /her position, to present oral and /or written arguments, to examine records and documents relevant to the issue(s), and to be represented. The hearing officer shall issue a written decision, which shall be forwarded to the State Review Panel for final determination. The State Review Panel may accept, reject or modify this recommendation. The decision of the State Review Panel is final except for audit disallowances, which must be approved by the Secretary of Labor C. State Review Panel The State Review Panel will consist of a panel of three representatives from the Employment Development Department: one from the Legal Offices, one from the WID, and one from the Director's office. The panel will issue a written decision, which will be sent to the appropriate parties within thirty (30) days of receipt of the request for State review. Decisions issued by this panel, under the authority of the Governor, are final. 14 EXHIBIT C 25E -47 D. Issuance of State Review Decision. The State review will be limited to violations of the WIA, implementing WIA regulations or the grant agreement. This review shall be limited to the record established at the LWIA hearing. V. Procedures for Handling Discrimination Complaints by Participants. A Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180 days of the alleged occurrence. 1. It is the responsibility of the Santa Ana LWIA's Equal Employment Opportunity (EEO) Officer to determine jurisdiction and to make the complainant aware of and provide assistance in filing a complaint in accordance with the Santa Ana LWIA's procedure under Section II (A). is EXHIBIT" C 25E -48 kWCI;DI RES FOR HANDLING NON- CRIMINAL COMP No later than 180 days of alleged discrimination Within 10 days of receipt of unsatisfactory decision or 10 days from date LVAA decision should have been Issued. Handling of complaints filed at LWIA level arising in connection with NIA programs operated by LWJAs Informal Resolution Process Unsatisfactory Decision or LWIA Decision not issued within 60 days �— Request for State Review Governor's Decision issued by State Review Panel If no decision issued by State Review Panel Appeal to DOL 16 EXHIBIT C 25E -49 w 0 0 0 0 0 °c Q a 2. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to advise the complainant of the existence of State, Federal and other proper action agencies, which may also have a bearing. 3. Complainants alleging discrimination under this part will be made aware of their right to file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and applicable procedures. 4. Complainants must file their complaint directly with. Anita Queen Sr. Personnel Analyst —EEO Officer 20 Civic Center Drive, M -24 Santa Ana, CA 92701 (714) 647 -5157 VI. Procedures for Handling Handicap Complaints by Participants Complaints alleging discrimination on the basis of handicap will be filed and processed under the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973 at 29 Code of Federal Regulations Section 32. 1. Complaints must exhaust the Santa Ana LWIA's informal resolution procedures before filing their complaint with OCR. 2. Complainants will be made aware of the 180 days requirement in which to file his /her complaint. A. Procedures at the LWIA Level 1. The complainant shall file his /her complaint directly with the Santa Ana LWIA. Upon receipt of the complaint, the EEO Officer shall investigate and gather information concerning the complaint. 2. An informal conference will be held with the parties concerned in an effort 10 resolve the issue(s). The complainant has the right to be present and may be represented during the conference. 3. The Santa Ana LWIA shall issue in writing its decision to the complainant no later than thirty (30) days after the filing of the complaint. B. Procedures at the State Level 1. The complainant may appeal to the State if he /she is not satisfied with the decision of the Santa Ana LWIA. ii EXHIBIT C 25E -50 2. The Complainant must file his/her appeal as a request for review directly with the Chief WID within ten (10) calendar days after the receipt of the Santa Ana LWIA's decision. 3. The Chief -WID, shall issue a decision no later than thirty (30) calendar days after receipt of the request for review. 4. After the complainant has received a decision or no decision has been received from the Director of Employment Development Department (on behalf of the Governor), the complainant has the right to appeal his /her complaint within thirty (30) calendar days to the Office of Civil Rights (OCR) with the Department of Labor. 18 EXHIBIT C 25E -51 �RO_CEDURES FOR HANDLING HANDICAP GDt`+ PLT A N - � - -) No later than 180 days of alleged discrimination Filed within 30 days of LWIA /State Decision or 90 days from date of initial filing of complaints Filing of complaint on the basis Of Handicap with LWIA �7 Day 1 I Informal Resolution I If no resolution reached Request for Hearing Notice of Hearing Hearing Conducted I I 0ay145 Day LWIA Decision Unsatisfactory Decision or No Decision State Review Governor's Decision Appeal to Assistant Secretary Department of Labor 19 EXHIBIT C 25E -52 60 Days GLOSSARY OF WIA TERM AGE DISCRIMINATION ACT — A law passed by Congress in 1975 which prohibits discrimination on the basis of age by any program or activity receiving Federal Funds. APPLICANT — An individual who applies to a subrecipient or contract for services provided under INIA and who has not yet transitioned to the status of participant. ASSESSMENT — Services designed to determine each participant's employability, aptitudes, abilities and interests and to develop a plan to achieve the participant's employment and related goals; also to identify the available employment and traning activities appropriate for the participant. Testing and counseling may also be used during assessment process. CHARGING PARTY (CP) COMPLAINANT GRIEVANT OR AGGRIEVED PERSON — The person who charges that he/she has been discriminated against under Department of Justice nondiscrimination and civil rights regulations and /or guidelines. DISCRIMINATION — In general, a failure to treat all equally, whether intentional or unintentional; the effect of an action, policy or practice which selects an individual or class of persons to receive unequal treatment. ELIGIBLE NON - CITIZEN — Lawfully admitted permanent resident, aliens, lawfully admitted refugees, and parolees and other individuals authorized by the Attorney General to work in the United States. EMPLOYER — An employer subject to the provisions of the Civil Rights Act of 1964, as amended, including state and local governments and any Federal agency subjects to the provisions of Section 717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by executive Order 11246, as amended. GRIEVANCE — An allegation that something imposes an illegal obligation or burden or denies some equitable or legal right, or causes injustice . HANDICAPPED INDIVIDUAL — Any individual who has a physical or mental disability that constitutes or results in a substantial handicap to employment. INTAKE — Includes screening to determine eligibility; to select from eligible applicants those individuals who are most in need and can benefit from program services; to complete procedural requirements necessary to enroll an individual into the program and to refer those not enrolled to other programs. JOINT COMPLAINT — A complaint of employment discrimination covered by Title VII or the Equal Pay Act and by Title VI or Title IX. Individual "joint complaints" are normally investigated by EEOC 20 EXHIBIT C 25E -53 unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in employment and other practices and pattern or practice "joint complaints" are normally investigated by OCR. JURISDICTION — Authority to investigate and resolve complaints against an institution subject to a law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc. PARTICIPANT — Any applicant who has: (1) Been determined and (2) Who is receiving subsidized employment, training services) funded under the Act, following intake, except for an and /or intake and assessment services. 21 EXHIBIT C 25E -54 eligible for participation upon intake, or services (except post - termination individual who receives only outreach CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS GRANTS LOANS and COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure. Santa Ana Public Library Grantee /Contractor Organization Signature Cheryl Eberly Name of Certifying Official Signature EXHIBIT D 25E -55 Santa Ana WIA Youth Program Program Title Certification Regarding Drucl-Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an EXHIBIT E 25E -56 employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). The contractor shall insert in the space provided on the attached "Place of Performance' form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. Dated: July 1 2012 Program Operat EXHIBIT E 25E -57 DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Gerardo Mouet Name of Contractor: Santa Ana Public Library Contractor Number: Date: July 1 2012 The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): 26 Civic Center Plaza Santa Ana Orange County, CA 92702 EXHIBIT E 25E -58 tertifiraiion Regarding Debarment Suspension Ineligibility and Voluntary Exclusion LowerTier fovered TransacYiens This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CPR Part 98, Section 98.510, Participants' Responsibilities, The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160- 19211). (Before completing csrtiflc - don, read instructions which are an ir:'segral part ofcertification) 1. The prospective primary participant, (i grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three -year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three -year period preceding this application /proposal had one or more public transactions (federal, state or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. _Santa Ana Park and Recreation Department -Santa Ana Public Library Grantee /Contractor Organization Name and Title of Official Authorized to Certify On Behalf of the Grantee 3/5/2012 Date Exhibit F 25E -59 Budget Form EXHIBIT G -1 25E -60 Administrative Total Cost (Not to Program TotaIWIACost Match /In Kind IExceed 30 %) Cost Mel Salalrfea. 1 Project Director $24,642.00 2 Lead Case Worker $49,852.00F $7,040.00 3 CTV3 Programming Director $24,642.00 4 Library Operations Manager 5 Project Mentors $10,183.00 $49,565.00 6 Sr. Tutor Mentors $19,200.00 1 Project Director $7,660.00 2 Lead Case Worker $15,885.00 $2,241.00 3 CTV3 Programming Director $7,660.00 4 Library Operations Manager $3,165.00 5 Project Mentors $10,069.00 6 Sr. Tutor Mentors $1,567.00 Total Personnel Salaries & Benefits $0.001$ 233,371.00 $65,737.001 $167,634.00 Expen Rent Utilities Phones Internet Fees _ Parking Fees Security Maintenance Insurance T— Equipment rental fees* Equipment rental fees* Vehicle lease* Office expenses (consumables) Accounting Services Legal Services Auditing Services Indirect Cost* $1,704.00 Staff Training Staff Conferences T $1,300., 0 Staff Travel /Mileage Participant Wages* $39,526 $13,474.00 Supportive Services* Other- Vocational raining _ $61,733.00' $55,857.00 Total Operating Expenses $1,704.00 $ 200,323.00 $104,263.00 $69,331.00 GRAND TOTAL (Personnel +operating) $1,704.00 1$406,964.00 $170,000.00 $236,965.00 EXHIBIT G -1 25E -60 Cost Reasonableness- Budeet Narrative I. PERSONNEL SALARIES: 1. Program Director: Responsible for general oversight and direction of program. Principal Librarian — Cheryl A. Eberly. 30% (600hrs) of $82,140 (annual salary) = $24.642 In -kind (General Fund) 2. Lead Case Manager: Responsible for management of all student interns, maintaining WIA compliance, mentoring of several youth, follow up services to previous year WIA youth and management of all library based training components. Librarian- Beatriz Preciado. 100% (2000hrs) of $56,892 (annual salary) = $49,852 WIA Funds . S7,040 In -Kind 3. CTV3 Programming Director: Responsible for oversight and management of CTV3 television programming. Principal Librarian — Lynn Nguyen, 30% (600hrs) of $82,140 (annual salary) = S 24.642 In -kind (General Fund) 4. Library Operations Manager: Responsible for supervising library operations in relation to this grant. Library Operations Manager- Heather Folmar. 10% (200hrs) of 101,834 (annual salary) = S10,183 In -Kind (General Fund) S. Project Mentors (Refer to Attachment Sl for a breakdown of mentors and funds): Key staff members responsible for mentoring student interns in various areas of CTV programming projects, in addition to mentoring students on a one -on -one weekly basis. Total In- Kind/Matching Funds = $49,565 In -Kind Funds 6. Tutor Mentors (Refer to Attachment SI: Key staff members who will be assigned to mentoring student interns on a one -to -one weekly basis, and also to provide needed tutoring assistance in order to increase educational proficiency. All are part -time staff members. Total In- Kind/Matching Funds = $19,200 In -Kind Funds II.) PERSONNEL: BENEFITS (Refer to Attachment S1 for benefits breakdown 1. Program Director ($24,642 In -kind ) = $7,660 Benefits (In -Kind) 2. Lead Case Manager ($56,892 WIA funds) = $15,885 Benefits (WIA Funds), $2,241 In -Kind 3. CTV3 Director ($24,642 In -kind ) = $7,660 Benefits (In -Kind) 4. Library Operations Manager ($10,183 In -kind) = $3,165Benefits (In -Kind) 5. Project Mentors (i & ii) ($49,565 In -Kind) = $10,069 Benefits (In -Kind) i.) Full -Time Staff Total ($26,271) = $8,167 Benefits (In -Kind) ii.) Part -Time Staff Total ($23,294) = $1,902 Benefits (In -Kind) 6. Tutor Mentors ($19,200 In -Kind Funds) = $1,567Benefits (In -Kind Funds) III.) OPERATING EXPENSES: INDIRECT COSTS: The rate of 3.42% was used to calculate Indirect Cost using a base of $56,892 (FT WIA funded personnel) = $1,704.00 WIA Funds IV.) PARTICIPANT WAGES: = $52,999 i.) S39,525 (WIA Funds) ii.) $13,474 (General Funds) Student Internships Salaries = $49,001 ($36,751 WIA Funds + $12,250 General Funds) 1. Level 1 — Seed Phase (WEX) -4 Weeks X 8hrs /wk (4 hrs training:4 work hrs) = 32hrs X $8.53 = $272.96 per student X 20 students = $5460 2. Level 2 — Sprout Phase A (WEX)- 14 Weeks X l Ohrs /wk (6hrs training: 4 work hrs) EXHIBIT G -2 25E -61 = 140hrs X $8.53 = $1194.00 per student X 20 students = $23,884 3. Level 3— Young Tree Apprenticeship Phase (Library Page) — 16 Weeks X 12 hrs /wk (work) = 192hrs X $8.53 — $1,638.00 per student X 15 youth = $24,566 Student Internship Benefits (Refer to attachment Sl for Student Internship Benefits Breakdown) i. ($29,344 WIA Fund)= $2776 Benefits ( WIA Funded) ii. ($24,566 General Funds) = $1,224 (General Fund) V.) STAFF CONFERENCES = $1,300 WIA Funds i.) CWA Conference cost for 4 youth interns (2 x $225 )= $900 ii.) CWA Conference cost for ladult mentors (1 x $400) = $400 VIa.) VOCATIONAL TRAINING IN DIGITAL TECHNOLOGY (INSTRUCTION) = $61,733 WIA Funds) (Partner Service Provider: Rancho Santiago Community College District Corporate Training Institute- Refer to attachment S2 for breakdown of courses and funds) VIb.) VOCATIONAL TRAINING IN DIGITAL TECHNOLOGY (MATERIALS) = $55,857 IN -KIND FUNDS (Funds will be provided from CTV 3 Time Warner Cable Franchise Fee Funds for Purchase of New In -Kind Equipment for WIA Grant— Refer attachment S2) PERCENTAGE OF BUDGET DIRECTLY TO YOUTH: WIA Funds -70% of Budget Directly to Youth in the form of paid work experience, training and mentoring. Other Funds- 75% of budget directly to youth in the form of paid internships, mentoring and training. WORK EXPERIENCE TRACKING: All Work experience compensation will be tracked via daily sign -in sheets and bi- monthly timesheets (Please refer to attachment T for samples of timesheets and sign -in sheets) WORK EXPERIENCE (Refer to Paid Work Experience Policy attachment) SUPPORTIVE SERVICES: Seeds to Trees Academy program does not have a supportive services policy. We provide all transportation to and from training sites. We also have available on a weekly basis a MSW mentor who has compiles a resource binder for us to refer youth to (refer to attachment # for resource items). INCENTIVE POLICY: We do not provide incentives as our focus is in providing a paid work experience and training. We do however have a scholarship program that has been established by one of our previous WIA Seeds to Trees youth interns; " The Moises Garcia Seeds to Trees" Scholarship which provides an annual scholarship of $300 to a WIA youth ( please refer to attachment U for a description of scholarship essay) EXHIBIT G -2 25E -62 Cost Reasonableness- Budget Narrative I. PERSONNEL SALARIES: 1. Program Director: Responsible for general oversight and direction of program. Principal Librarian —Cheryl A. Eberly. 30% (600hrs) of $82,140 (annual salary) = $24.642 In -kind (General Fund) 2. Lead Case Manager: Responsible for management of all student interns, maintaining WIA compliance, mentoring of several youth, follow up services to previous year WIA youth and management of all library based training components. Librarian- Beatriz Preciado. 100% (2000hrs) of $56,892 (annual salary) = 549.852 WIA Funds . $7.040 In -Kind 3. CTV3 Programming Director: Responsible for oversight and management of CTV3 television programming. Principal Librarian — Lynn Nguyen. 30% (600hrs) of $82,140 (annual salary) = $ 24,642 In -kind (General Fund) 4. Library Operations Manager: Responsible for supervising library operations in relation to this grant. Library Operations Manager- Heather Folmar. 10% (200hrs) of 101,834 (annual salary) = $10,183 In -Kind (General Fund) 5. Project Mentors (Refer to Attachment s1 for a breakdown of mentors and funds): Key staff members responsible for mentoring student intems in various areas of CTV programming projects, in addition to mentoring students on a one -on -one weekly basis. Total In- Kind/Matching Funds = $49,565 In -Kind Funds 6. Tutor Mentors (Refer to Attachment Sl: Key staff members who will be assigned to mentoring student intems on a one -to -one weekly basis, and also to provide needed tutoring assistance in order to increase educational proficiency. All are part -time staff members. Total In- Kind/Matching Funds = $19,200 In -Kind Funds II.) PERSONNEL: BENEFITS (Refer to Attachment SI for benefits breakdown 1. Program Director ($24,642 In -kind ) = $7,660 Benefits (In -Kind) 2. Lead Case Manager ($56,892 WIA funds) = $15,885 Benefits (WIA Funds), $2,241 In -Kind 3. CTV3 Director ($24,642 In -kind ) = $7,660 Benefits (In -Kind) 4. Library Operations Manager ($10,183 In -kind) = $3,165Benefits (In -Kind) 5. Project Mentors (i & ii) ($49,565 In -Kind) = $10.069 Benefits (In -Kind) i.) Full -Time Staff Total ($26,271) = $8,167 Benefits (In -Kind) ii.) Part -Time Staff Total ($23,294) = $1,902 Benefits (In -Kind) 6. Tutor Mentors ($19,200 In -Kind Funds) = $1,567Benefits (In -Kind Funds) III.) OPERATING EXPENSES: INDIRECT COSTS: The rate of 3.42% was used to calculate Indirect Cost using a base of $56,892 (FT WIA funded personnel) = $1,704.00 WIA Funds IV.) PARTICIPANT WAGES: = $52,999 i.) S39,525 (WIA Funds) ii.) $13,474 (General Funds) Student Internships Salaries = $49,001 ($36,751 WIA Funds + $12,250 General Funds) 1. Level 1 — Seed Phase (WEX) -4 Weeks X 8hrs /wk (4 hrs training:4 work hrs) = 32hrs X $8.53 = $272.96 per student X 20 students = $5460 2. Level 2 — Sprout Phase A (WEX)- 14 Weeks X l Ohrs /wk (6hrs training: 4 work hrs) EXHIBIT G -2 25E -63 = 140hrs X $8.53 = $1194.00 per student X 20 students = $23,884 3. Level 3— Young Tree Apprenticeship Phase (Library Page) — 16 Weeks X 12 hrs /wk (work) = 192hrs X $8.53 = $1,638.00 per student X 15 youth = $24,566 Student Internship Benefits (Refer to attachment Sl for Student Internship Benefits Breakdown) i. ($29,344 WIA Fund)= $2776 Benefits ( WIA Funded) ii. ($24,566 General Funds) _ $1.224 (General Fund) V.) STAFF CONFERENCES= $1,300 WIA Funds i.) CWA Conference cost for 4 youth interns (2 x $225 )_ $900 ii.) CWA Conference cost for ladult mentors (1 x $400) _ $400 Vla.) VOCATIONAL TRAINING IN DIGITAL TECHNOLOGY (INSTRUCTION) _ $61,733 WIA Funds) (Partner Service Provider: Rancho Santiago Community College District Corporate Training Institute- Refer to attachment S2 for breakdown of courses and funds) VIb.) VOCATIONAL TRAINING IN DIGITAL TECHNOLOGY (MATERIALS) = $55,857 IN -KIND FUNDS (Funds will be provided from CTV 3 Time Warner Cable Franchise Fee Funds for Purchase of New In -Kind Equipment for WIA Grant — Refer attachment 52) PERCENTAGE OF BUDGET DIRECTLY TO YOUTH: WIA Funds -70% of Budget Directly to Youth in the form of paid work experience, training and mentoring. Other Funds - 75% of budget directly to youth in the form of paid internships, mentoring and training. WORK EXPERIENCE TRACKING: All Work experience compensation will be tracked via daily sign -in sheets and bi- monthly timesheets (Please refer to attachment T for samples of timesheets and sign -in sheets) WORK EXPERIENCE (Refer to Paid Work Experience Policy attachment) SUPPORTIVE SERVICES: Seeds to Trees Academy program does not have a supportive services policy. We provide all transportation to and from training sites. We also have available on a weekly basis a MSW mentor who has compiles a resource binder for us to refer youth to (refer to attachment # for resource items). INCENTIVE POLICY: We do not provide incentives as our focus is in providing a paid work experience and training. We do however have a scholarship program that has been established by one of our previous WIA Seeds to Trees youth interns; " The Moises Garcia Seeds to Trees" Scholarship which provides an annual scholarship of $300 to a WIA youth ( please refer to attachment U for a description of scholarship essay) EXHIBIT G -2 25E -64 RSCCD contract Seeds to Trees Budget 201312014 pamonnel Project Coordination, Ruth Cossio -Muniz (15 %): $8,486.86/mo x 12 months @ 15% 15,273 Senior Clerk: $17.53 x 25 hrs x 39 weeks 17,092 Instructors for Scriptwriting, Video Production, Marketing: $45 /hr x 76 hours of instruction 3,420 Benefits Benefit Rate for Full -Time Classified is 23.57 %: PERS (11.417 %), CASDHI (6.2 %), Medicare (1.45 %), HWRetFnd (1 %), SUI (1.1 %), and WCI (2.4 %), and average health and fringe costs of $23,486 7,721 Benefit Rate for Hourly, Short Term is 7.25 %: PARS (1.3 %), Medicare (1.45 %), HWRetFnd (1 %), SUI (1.1 %), and WCI (2.4 %) 1,487 Sq....,. lles Textbooks 3,500 Printing costs 3,000 Program Supplies: presentation materials, USB storage, paper, toner 2,500 Contracted Services: Instructors for Graphic Design, Website Design and Digital Music Production: $45 /hr x 172 hours of instruction 7,740 TOTAL 61.7331 EXHIBIT G -3 25E -65 Assearanns & d er'If&ta ?lams Selected providers will be required to sign and submit "actual" assurances and certificates as required by the City of Santa Ana and the Workforce Investment Board on all contracts. I recognize that I must give assurances for each item below. If I cannot, this proposal will be automatically rejected. Pleuse ioitiol each box. I am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of this agency or business to submit this proposal. We are not currently on any Federal, State of California, or local Debarment list. Q We will provide records to show that we are fiscally solvent, if needed. �] We have, or will have, all of the fiscal control and accounting procedures needed to ensure that WIA funds will be used as required by law and contract. r We have additional funding sources and will not be dependent on WIA [funds alone. We do or will meet the applicable Federal, State, and local compliance rermirement:s. These include, but are not limited to: Records accurately reflect actual performance. QMaintain record confidentiality, as required. Deporting financial, participant, and performance data, as required. Fk-lComply with State and Federal fiscal and program activity audits. [L�Complying with Federal and State non - discrimination provisions. [Meeting requirements of Section 504 of the Rehabilitation Act of 1973. 2Meeting requirements of the American's with Disabilities Act of 1990. (submit attachment F) ©Meeting all applicable labor law, including Child Labor Law standards. 2Agree to provide a drug free workplace. 2Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability. Coverage in the amount of $1,000,000.00 policy. 2Agree to provide all participants with Grievance Procedures. Agree to insure proposes employees through Workers Compensation Insurance (including part -time employees) Procurement policies and procedures are in place and ineet federal guidelines. We will not: ©Place a youth in a position that will displace a current employee. Ouse WIA money to assist, promote, or deter union organizing. Muse funds to employ or train of persons in sectarian activities. Muse funds for youth in the construction, operation, or maintenance of any part of a facility to be used for sectarian instruction or religious worship. Use WIA funds for activities that would interfere with or replace regular academic requirements for eligible youth who are not dropouts. ,Use WIA funds to carry out programs funded under the School -to -Work Opportunities .Act of 1994 unless the program(s) are only for youth eligible to participate under WIA. 'I v rUse WIA money under this contract to purchase any equipment. I hereby assure that all of the above ar"rue. Director Parks and Rec Santa Ana 3/5/2012 Name Title Date Exhibit H 25E -66 ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; it officers, employees, agents and representative 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. 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 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 Name Insured Countersigned by this endorsement form as part of EXHIBIT I 25E -67 25E -68 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2013 TITLE AGREEMENT WITH PCC NETWORK SOLUTIONS FOR CABLING SERVICES /I RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 990 ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute a three -year agreement with PCC Network Solutions, a Pacific Coast Cabling, Inc. company to provide cabling services to the City in an amount not to exceed $45,000 per year with provisions for three one -year renewals, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance & Management Services Agency Telecommunications Division provides operations, voice and data communications services to all City departments. Cabling services are needed to support changes, additions and moves throughout the City. This cabling work ensures that all City offices and work locations continue to stay connected and benefit from new technology as it becomes available. The City has standardized its cabling infrastructure with the Commscope Systimax product. This product was selected for its durability and flexibility and when installed by a certified cabling vendor, the product has a 20 year warranty. Use of this reliable product has resulted in very low cable maintenance costs. The cabling vendors who provide such services to the City must meet manufacturer certifications. A competitive procurement process was conducted to solicit proposals from cabling services vendors. A 'Request for Proposal' (RFP) was developed which defined the City's cabling services requirements as well as proposal evaluation criteria. On June 6, 2013, the RFP was posted on the City's website and sent to 15 prospective vendors. The City received seven written proposals. 25F -1 Agreement for Cabling Services September 3, 2013 Page 2 An evaluation team consisting of Police Department, Information Services and Telecommunications staff reviewed and evaluated the proposals. The City seeks to obtain the best balance of service, value and price. Criteria used to evaluate consisted of five factors: ability to provide service required; qualifications that exceed the minimum; references; quality control methods and practices and cost samples. The final ranking is as follows: Proposing Vendor Final Ranking Final Score (Max 300) PCC 1 245 Netversant 2 164 CarnGuard 3 98 ACI 4 90 IES 5 84 Tekworks 6 57 Conti 7 51 Based upon this review staff recommends awarding the agreement to PCC Network Solutions. FISCAL IMPACT Funds are budgeted and are available in the Communication Services account for contractual services (account no. 10210140 62010). APPROVED AS TO FUNDS AND ACCOUNTS: Aw\mn.t- L, :) )� Francisco Gutierrez S>? Executive Director Finance & Management Services Agency Lk/cm 25F -2 AGREEMENT TO PROVIDE CABLING SERVICES THIS AGREEMENT made and entered into this 3rd day of September, 2013 by and between PCC Network Solutions, a Pacific Coast Cabling, Inc. company (hereinafter "Contractor "), 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 contractor having special skill and knowledge in the field of installation cabling services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor 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 Contractor shall perform those services as set forth in "City's Request for Proposal: Cabling Services for the City of Santa Ana ", dated June 6, 2013, incorporated by reference, and Contractor's RFP Response, dated June 26, 2013, attached hereto as Exhibit A. City may request the immediate removal of any Contractor employee not properly conducting himself /herself or performing unsatisfactory work. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum which may be expended under this Agreement shall not exceed $45,000.00, per fiscal year, during the term of this Agreement. THE CITY MAKES NO GUARANTEE AS TO THE NUMBER OF TIMES CONTRACTOR'S SERVICES WILL BE REQUESTED OR THE TOTAL AMOUNT WHICH WILL BE EXPENDED FOR SUCH SERVICES. b. City will not validate parking. Parking fees shall be the responsibility of Contractor. c. Contractor shall submit monthly invoices with a detailed statement of services performed and the quantity of products /materials provided during the period for which payment 25F -3 is requested. Each invoice shall include 1) the City of Santa Ana Telecommunications Service Request (TSR) number and 2) this Agreement number. d. Payment by City shall be made within thirty (30) days following receipt of proper invoice, 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. e. Invoices shall be mailed to: City of Santa Ana Attn: Carl Marek Telecommunications Services (M -77) P.O. Box 1988 Santa Ana, CA 92702 -1988 3. TERM This Agreement shall commence on the date first written above and terminate on August 31, 2016, unless terminated earlier in accordance with Section 12, below. The Agreement may be renewed for up to three additional one -year periods, on the mutual agreement of the parties. 4. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries, wages, bonuses, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor 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 Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) 25r-4 name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insured's 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, Contractor, if Contractor 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, Contractor 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 Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Contractor 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 Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor shall defend, indemnify and save harmless the City of Santa Ana, its officers, agents and employees from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the negligent operations of the Contractor 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. The Contractor 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 from services provided pursuant to this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 25F�- 5 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor 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. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Finance and Management Services Agency Telecommunications Coordinator City of Santa Ana 20 Civic Center Plaza (M -77) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6722 25F` --6 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Contractor: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 Contractor. 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 Contractor 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. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 contractors retained by City. 25r -7 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor 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 Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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. 15. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Contractor shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City of Santa Ana, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they map apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements. 25r -8 16. 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Jose Sandoval Chief Assistant City Attorney 25F' -9 CITY OF SANTA ANA KEVIN O'ROURKE Interim City Manager VENDOR (NAME) (Title) Tax ID# June 26, 2013 City of Santa Ana Information Services (M -77) PO Box 1988 20 Civic Center Plaza Santa Ana CA 92702 Re: RFP Response for Cabling Services for City of Santa Ana To Whom It May Concern: Thank you for allowing PCC Network Solutions (a Pacific Coast Cabling, Inc. company) the opportunity to respond to your request to provide and install the communications cabling services for the City of Santa Ana, CA. PCC Network Solutions has read the RFP titled "Cabling Services for City of Santa Ana, CA" in its entirety and will comply with all the specifications. Any exceptions will be located in the Assumptions & Caveats section, where applicable. This letter details some unique qualifications of PCC Network Solutions that would make us an ideal candidate for the City of Santa Ana. I feel strongly that there is no other company that has the same resources and capabilities needed to become a strong partner to City of Santa Ana. PCC Network Solutions is a California, Arizona, and Texas State licensed, bonded, and additionally insured communications contractor providing network communications solutions for local and wide area network applications since 1985. PCC Network Solutions' corporate office is located in Chatsworth, CA, with additional offices in Anaheim, CA; Tempe, AZ; and Carrollton, TX. We are ideally located to respond quickly to on -site issues and meetings. Our success is due to our high quality of work, attention to detail, customer service and our performance reputation for completing projects on time. our core solutions We strive to be a consultative business partner; designing, building, and delivering low voltage cabling infrastructure solutions made up of copper and fiber cabling and connectivity apparatus supporting: o Voice /Data Distributed Antenna Systems (DAS) o Data Center Build -Out Audio Visual o Telecommunication Room /Cable Physical Security Management > Wireless <• Access Control Sound Management o Video Surveillance and access flooring We are proud to bring our clients certified, best -of -breed products from our partners: ADC, CommScope Systimax /Uniprise, Belden, Berk -Tek, Cisco, Corning Cable Systems, Ortronics, and Panduit. Our clients include City of Beverly Hills, City of Newport Beach, Children's Hospital of Los Angeles, County of Riverside, Northrop Grumman, Warner Brothers, Disney and Sempra Energy to name just a few. Organization And although PCC Network Solutions boasts an impressive list of household name clients, from Fortune 50 to start-ups we never grow lackadaisical in our approach to client service. All of our clients — regardless of size — receive the same quality service that has made our clients successful for over 25 EXHIBIT A i 25F -10 years. We have a large group of BICSI trained and registered technicians and RCDDs to assign to your project. We always assign only the highest skilled systems engineers, project managers, foreman, and technicians to each project. How can we do that? We only hire the best. With several full -time technicians in the field daily, we have a large group of certified technicians to choose from. We are not a slow - moving behemoth: we are quick to respond, flexible and responsive — at all times, for all clients. vendor certifications As a certified Systimax Select Partner Installer we have trained and certified technicians available to perform installation at the City of Santa Ana... We have included current certification documentation. By choosing PCC Network Solutions, you can rest assured your IT infrastructure needs are in good hands — we guarantee it with our Lifetime Warranty covering our workmanship. Beyond our own warranty, we're Systimax certified which includes an extended manufacturer's warranty. We encourage you to visit our website and learn more about how PCC can become a trusted partner! Once again, thank you for the opportunity to respond to your RFP. If you have any questions please do not hesitate to contact me at 714.563.8074 or via e -mail to gamyCmpccinc.com. Sincerely, Greg Awe y Greg Amy, RCDD Project Manager 25F -11 APPENDIX A - Proposal Response Form (Fill in this form or submit a separate response which addresses each item.) Proposal for Qualified Vendors to Provide Cabling Services to the City of Santa Ana Name of Proposing Firm, PCC Network Solutions, a Pacific Coast Cabling, Inc. Co. Vendor's Principal Location: 20717 Prairie Street, Chatsworth CA 91311 Vendor's Location that will service the City: 2031 E Cerritos Ave Suite C, Anaheim CA 92806 Contact Name for Proposal: Greg Amy Phone Number: 714.563.8074 Fax Number: 714.563.8080 email address gamy @pceinc.com Please submit answers to the following questions (Note: Proposer may attach additional pages as needed to complete responses.) 1. Short summary description of organization, ownership, and services provided by your firm. PCC Network Solutions is a California Corporation privately owned and operated for 27 years Please see attached PCC Profile for additional details. 2. Are you currently registered with CommScope SYSTIMAX as a value -added reseller (VAR)? ❑ No d Yes If so, how long your company has been registered as such? [ref: section 2.1.1.1] 3. Is your company currently registered as a certified installer of CommScope SYSTIMAX cabling systems? ❑ No Q Yes If so, how long has your company been certified? (ref section 2.1.1.2) 13 years 25F -12 APPENDIX A Proposal Response Form (Continued) 4. Describe the most relevant experience in providing cabling services. [ref: section 2.1.1.3] PCC has performed maintenance solutions for the City of Santa Ana since 2003 PCC also & Defense. R &D industries as well as many others. 5. Include references for a MAXIMUM of three similar successfully undertaken and completed CommScope SYSTIMAX projects as outlined in this RFP. [ref: section 2.1.1.3] Reference One: Name of Client City of Beverly Hills Location where work was performed Beverly Hills Knowledgeable contact Mr. David Schirmer, Director of IT Contact's phone number 310.285,2581 Brief description of type of CommScope PCC Network Solutions recommended, designed SYSTIMAX related work completed and installed a Category 6 CommScope SYSTIMAX (indicate type of systems Installed, general quantities and Structured Connectivity Solution to over 600 configuration of outlets, etc.) locations at City Hall to support their higher bandwidth requirements. The solution supports proprietary software, general office and a sever - based storage area network for the City's 1,000 employees. The solution also accommodated Extreme Networks'10 -Gigabit core switches. Was the project completed on time? ❑ No Q Yes Was the project completed within budget? ❑ No d Yes Reference Two: Name of Client Santa Barbara Airport Location where work was performed Santa Barbara Knowledgeable contact Leif Reynolds Contact's phone number 805.692.6020 Brief description of type of CommScope SBA selected a complete CommScope Systimax SYSTIMAX related work completed solution with Corning fiber and CPI racks /cabinets. (indicate type of systems Installed, general quantities and The project consisted of a total of 1300 Cat6 data configuration of outlets, etc.) connections, a horizontal copper build out which included both secured and unsecured Cat6 2071 Giga Speed Cat 6 cabling to support airport administration, public and private telephone service, flight information systems, TSA, airline gate services, airport security, baggage control, and wireless services. A CommScope iPatch Cable Management System was also installed to provide SBA with the ability to do real -time cable _Management monitoring. Was the project completed on time? ❑ No R] Yes Was the prdel ct completed within bud et? ❑ No Rf Yes Page 2 of 9 25F -13 APPENDIX A Proposal Response Form (Continued) Name of Client JPMC Location where work was performed Various throughout California Knowledgeable contact Kathleen Martinez Contact's phone number 562.858.7205 Brief description of type of CommScope PCC Network Solutions has completed many SYSTIMAX related work completed projects for JPMC, ranging from simple MAC work (indicate type of systems installed, general quantities and to projects valued upwards of $250,000. PCC configuration of outlets, etc.) utilizes the CommScope Systimax solution, consisting of horizontal and riser cabling, outside plant cabling, fiber optic cabling, and indoor. PCC has completed projects and MAC work for JPMC throughout Northern & Southern CA; including Los Angeles, Newport Beach, El Segundo, Chatsworth, Santa Maria, and Bakersfield. All projects are completed on time and within budget, and where applicable, a complete 20 -year Extended Product and Application Assurance Warranty is provided. Was the project completed on time? ❑ No O Yes Was the project completed within budget? ❑ No Z Yes Page 3 of 9 25F -14 APPENDIX A Proposal Response Form (Continued) Number of years your firm has been in cabling business. [ref: section 2.1.1.4] 27 years Of the last five years, how many years was your firm in business of providing telecommunications cable services as sought by the City? ]ref: section 2,1,1.4] 5 years 8. What permits, licenses and professional credentials does your company possess to supply the products and perform the services as specified in this RFP? (ref section 2.1 .15] California C7 Contractor License # 534115 BICSI RCDD BICSI OSP BICSI Technicians and BICSI Installers. 9. How do you ensure that your personnel conduct themselves in a professional manner when on a customer's job site? [ref: section 2.1.1.6] 10. Does your company have certified CommScope SYSTIMAX installers on staff? [ref section 2.1.1.7] ❑ No 121 Yes If so, how many? 15 -I- Are they readily available to perform the services outlined in this RFP for the City? ❑ No Q Yes Do they have the knowledge, including ANSI /EIA/TIA standards and guidelines, and skills to perform the services outlined in this RFP? ❑ No 23 Yes 11. Will any non - CommScope SYSTIMAX certified installers always work under the direct supervision of a CommScope SYSTIMAX certified lead installer and always be thoroughly qualified in general CommScope SYSTIMAX installation practices? [ref: section 2.1.1.8] El No ❑ Yes 12. What training or certification programs do you require for your cable installers? Certification information sheet. 13. Is your company a BICSI member? 14. Does your company have a Registered Communications Distribution Designer (RCDD) available upon request to assist the City in design and engineering of the City's cabling infrastructure? [ref: section 2.1.1.9] ❑ No Q Yes If so, how many? 3 Are they company employee /s? El No ❑Yes Are they Contractors or other non - employee relationship? 0 No ❑ Yes Are they readily available to perform the services outlined in this RFP? Page 4 of 9 25F -15 APPENDIX A Proposal Response Form (Continued) 15. Will you provide the City with a single contact person? ❑ No d Yes If so, is this contact person a Registered Communications Distribution Designer (RCDD)? ❑ No Q Yes Will the single contact person also be the person who will provide the City with Cabling Services Proposals? ❑ No Q Yes 16. Will there be a backup contact person to provide Cabling Services Proposals to the City? ❑ No 21 Yes If so, will the backup person be a Registered Communications Distribution Designer (RCDD)? ❑ No 10 Yes 17. How long will it take to provide the City with a Cabling Services Proposal after a request has been made by the Telecommunications Coordinator or his/her delegated immediate. Typical response time is 48 hours. 18. Briefly outline your standard procedures for quality control of work performed. Please see attached QA/QC documents. 19. What is your response time if called for service by the City for cable repair calls? For emergency cabling repair calls? Standard as shown, but will accommodate the City's hours. Non - emergency 0 -48 hours Emergency 0 -2 hours. 20. Has your firm had a contract terminated for cause within the last 3 years? If so, please explain the circumstances. No. 21. Has either a customer or a supplier sued your firm in the last 3 years? If so, please explain the circumstances. No. 22. Do you have comprehensive liability insurance as specified in Section 5 of Appendix C — Draft Agreement? ❑ No d Yes 23. Do you have worker's compensation insurance as specified in Section 5 of Appendix C — Draft Agreement? ❑ No 2 Yes Page 5 of 9 25F -16 24. What are your hourly labor rates for Time and Material work? 25. Do you charge different hourly rates for labor depending on qualifications needed for cabling services? If so, please list all rates by employee title. Yes. Foreman $60.95 Lead Technician - $50.40 Technician - $37.51 26. Does your company have a minimum charge on a job? 27. Does your company charge for travel time? 28. What is your mark -up percentage on materials? 29. Please list what your company would charge for the sample materials listed below: CommScope SYSTIMAX 4 pair Non - plenum Category 5e UTP $ 0.169 / $0.182 wl tax cable (price per foot) CommScope SYSIMAX 4 pair Plenum Category 5e UTP cable $ 0,305/ $0.330 wl tax (price per foot) CommScope SYSTIMAX 1100CAT5 24 Port Patch Panel $ 150.544 / $162.588 w/ tax (Category 5e) CommScope SYSTIMAX 110PA230OFT 110 -type panel system' 5 237.922 / $256.956 w/ tax CommScope SYSTIMAX M14A Modular Faceplate $ 1.456 / $1.572 w/ tax Chatsworth standard equipment rack model #55053 -503 4$ 133,644 l $144.336 w/ tax 'Note: this product is being discontinued, standard 300 pr. 110 block with C -5 term. would cost $440_51L/_$43. 788 w/ tax 30. In order to obtain a general guideline of pricing for products and services rendered, below are two sample jobs that need to be quoted. Any details not provided shall be clarified using the standards and practices outlined in the RFP document above, or by contacting Carl Marek, Telecommunications Coordinator, at the number listed in the RFP. Please provide a quote for the following sample jobs: Page 6 of 9 25F -17 APPENDIX A Proposal Response Form (Continued) Sample Job #1: Scope of Work: Provide and install (4) Category 5e cables, at 200 feet each, to the same location in an air return ceiling area. Two cables will be terminated into a contractor - provided 24 -port patch panel on one -side and 8P8C -type Category 5e modules on the station side; the other two cables will be terminated into a contractor - provided 300FT 110 - block assembly and again 8P8C -type Category 5e modules on the station side. Assume a clear path in the ceiling to the patch panel and the station side, utilizing Erico J -hooks in the ceiling for cable pathway support. On the station side, assume there is flex conduit running from a single gang outlet box to the top of the wall, in a stub -out fashion. 1) Provide a breakdown of hours to be billed. Place Cable including J -hook cable supports - 11.21 Hours Terminate Work Station and IDF - 1.04 Hours Install Panels, Blocks, Test and Label at IDF End 1.25 Hours Total 13.5 Hours 2) Provide a breakdown of cost of materials. 2061 Plenum Cat 5e Cable: $244.36 Cable supports including j -hooks & support rod $131.81 (based on 125• of cable support) Termination and Labeling, includes jacks, patch panel, 110 block & labels: $224.19 Sales Tax: $48.03 3) Provide details and amounts of any and all other charges that would be billed to the City. Total Labor and Material $1,319.51 4) Provide approximation of elapsed time to complete work, beginning from authorization to final acceptance. 5 business days Page 7 of 9 25F -18 APPENDIX A Proposal Response Form (Concluded) Sample Job #2: Scope of Work: Contractor shall provide and install one (12 /6)- multi -mode / single mode, fiber optic cable running from the basement Equipment Room ERB.2 to the 8lh floor Telecommunications Closet TC8.1. Fiber optic cable will terminate in ERB.2 onto an appropriately configured CommScope SYSTIMAX LGX Fiber Optic Distribution System, using an LST1U -072/7 shelf with ST -type connectors. In TC8.1, fiber optic cable should terminate onto an appropriately configured CommScope SYSTIMAX Sliding Combination Shelf, using a 60082 One -Unit High type shelf with ST -type connectors. Rack space required exists at both termination points. One, empty 4 -inch conduit exists between ERB.2 and TCB.1 (the Basement Telecommunications Closet that is vertically stacked with the rest of the floors including our destination closet, TC8.1). Contractor shall provide and install (4) one inch, non - plenum, corrugated innerduct from ERB.2 to TCB.1 via existing 4 -inch conduit noted above which is 150 ft in length. At exit point of conduit, transition (1) of (4) installed innerduct to (1) one inch, riser - rated, corrugated innerduct, which will traverse from the basement, stacked Telecommunications Closet, TCB.1, up to TC8.1. Contractor shall provide (1) 4 -inch core hole between TCB.1 and TC1.1. Building Facilities Management has determined that floor is clear of obstruction for 4 -inch core. Core hole shall be sleeved, and fire stopped per local, state, and industry standard codes. 1) Provide a breakdown of hours to be billed. Innerduct and Fiber optic Cable Placement — 24 hours Layout and Sleeve for one core, fire stop riser — 10.3 hours Terminate, Install Housings, Testing and Labeling — 15.7 hours Total — 50 Hours 2) Provide a breakdown of cost of materials. • 400' Fiber optic cable 12/6 f12- strand 50um mm / 6- strand single -mode: $689.60 Note: Minimum purchase of composite fiber optic cable is 1640' • 1240' Fiber optic cable 12/6 r12- strand 50um mm / 6- strand single -mode for stock: $2,137.66 800' Riser Rated Innerduct based on (4) runs x 150' plus(1) run of 200' to route up riser from TCB.1, up to TC8.1 $547.02 • Termination Material: $1.331.92 • Sleeve and Fire Stop Material: $369.28 • Total Material: $5,075.78 • Sales Tax: A.06.85 3) Provide details and amounts of any and all other charges that would be billed to the City. Sub - contract for concrete coring services $1,233.33 TOTAL Cost of Project including Labor, Materials and sub - contract: $9,200.11 4) Provide approximation of elapsed time to complete work, beginning from authorization Page 8 of 9 25F -19 to final acceptance. 10 business days Page 9 of 9 25F -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2013 TITLE: FY2013 HOMELAND SECURITY GRANT PROGRAM AND RELATED AGREEMENTS RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution authorizing the City Manager, and the Chief of Police, or his designee(s) to execute a grant award agreement with the State of California, California Governor's Office of Emergency Services for the FY2013 Urban Areas Security Initiative funding program in the amount of $2,715,000. 2. Direct the City Attorney to prepare and authorize the Chief of Police and the Clerk of the Council to enter into reimbursement agreements for equipment, services, or training with the County of Orange or any of the cities located in the designated Anaheim /Santa Ana Urban Area. 3. Approve an Appropriation Adjustment recognizing $2,715,000 in the FY 2013 Urban Areas Security Initiative revenue account (no. 12514002 - 52001) and appropriate same to expenditure accounts (nos. 12514407 - various). DISCUSSION The United States Department of Homeland Security (DHS) has developed the Urban Areas Security Initiative funding program (UASI). UASI provides funds to local emergency first responders to enhance security and overall preparedness to prevent, respond to, and recover from acts of terrorism. The grant specifically provides funding for anti - terror equipment, planning, training, exercises and technical assistance. In FY 2006 the United States Department of Homeland Security (DHS) combined the Anaheim UASI and the Santa Ana UASI into a single Urban Area. The City of Santa Ana will continue to be designated as an Urban Area Core City and will share grant administrative responsibilities with the City of Anaheim. The City of Santa Ana Police Department has worked with the City of Anaheim, the County of Orange, and cities within the Anaheim /Santa Ana Urban Area to determine current capabilities and needs and have established goals and objectives for the Anaheim /Santa Ana Urban Area. The Police Department will work in collaboration with the City of Anaheim to develop projects and implement complimentary strategies for responding to acts of terrorism. 55A -1 Homeland Security Grant Program September 3, 2013 Page 2 Total funding for the UASI Grant Program is established through an Appropriation Act set forth by Congress. Award amounts for each Urban Area are determined using a methodology assessing relative risk of terrorism, in accordance with the 9/11 Act. Over the years, Congress has steadily decreased the amount of funding allocated to DHS and subsequently the UASI Grant Program. As a result, the total number of Urban Areas and the award amounts have been greatly reduced. Santa Ana's award amount has steadily decreased from a high of $25,254,334 in 2004 to the current FY 2013 award of $2,490,000. The subject action will accept and appropriate the $2,490,000 for the FY2013 Urban Areas Security Initiative Grant Program. In addition, the proposed action will accept and appropriate FY2013 Homeland Security Grant Program (HSGP) funds in the amount of $225,000 for use in supporting the Orange County Intelligence Assessment Center (OCIAC). FISCAL IMPACT The Appropriation Adjustment will recognize $2,715,000 in the FY 2013 Urban Areas Security Initiative revenue account (no. 12514002- 52001) and appropriate same to expenditure accounts (nos. 12514407- various). APPROVED AS TO FUNDS AND ACCOUNTS Carlos Rojas Francisco Gutierrez Acting Chief of Police Executive Director Police Department Finance & Mgt. Services Agency Exhibit: 1. Resolution 55A -2 Iss8/12/13 RESOLUTION NO. 2013 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE OR THEIR DESIGNEE(S) TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FOR THE FY2013 URBAN AREA SECURITY INITIATIVE FUNDING PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The United States Department of Homeland Security has developed the Urban Areas Security Initiative funding program (UASI). UASI provides funds to local emergency first responders to purchase equipment, planning, training, exercises and technical assistance to enhance security and preparedness to prevent, respond to, and recover from acts of terrorism. B. In FY 2006 the United States Department of Homeland Security combined the Anaheim and Santa Ana Urban Areas into a single Urban Area, and provided for shared administrative responsibilities between Santa Ana and Anaheim. In FY 2013 the City of Santa Ana is the lead administrative agency for UASI funding. C. The City of Santa Ana has been awarded funding from the California Governor's Office of Emergency Services for the fiscal year 2013 UASI in the amount of $2,715,000. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and the Chief of Police or their designee(s) to enter into an agreement with the State of California Governor's Office of Emergency Services for the FY 2013 Urban Areas Security Initiative funding program in the amount of $2,715,000. 55A -3 Resolution No. 2013 -XXX Page 1 of 3 Section 3. The City Council of the City of Santa Ana hereby authorizes and directs the City Attorney's Office to prepare and authorize the Chief of Police and the Clerk of the Council to enter into reimbursement agreements for equipment, services, or training with the County of Orange or any of the cities located in the designated Anaheim /Santa Ana Urban Area. Section 4. The City Council of the City of Santa Ana hereby approves an Appropriation Adjustment recognizing the FY 2013 Urban Area Security Initiative in the amount of $2,715,000 and appropriates same in the FY 2013 Urban Area Security Initiative Program Grant expenditure accounts. Section 5. 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 2013. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 55A -4 Resolution No. 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, Resolution No. 2013 -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 55A -5 Resolution No. 2013 -XXX Page 3 of 3 55A -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2013 TITLE: PROPOSED AMENDMENTS TO CLASSIFICATION AND COMPENSATION PLANS AND CITY'S BUDGET / RECOMMENDED ACTION Adopt a resolution amending the City's 2013 -15 Budget. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER The Personnel Services Department has completed a mid -year review of various management level classification titles which has revealed the need to effect certain changes to the City's classification and compensation plans. Resulting from this analysis is the desire to delete one obsolete classification title, terminate ( "T ") one duplicative classification title that will no longer be used after the last incumbent leaves the class, and reallocate two positions in the budget, one of which will be transferred from Administrative Management to Middle Management with an accompanying salary rate range increase. Specifically, the Executive Director of Personnel Services is proposing that the classification title of Downtown Development Manager (MM) be deleted and the Administrative Management classification of Assistant to the City Manager (AM) be re- categorized as Middle Management (MM) and placed on salary rate range MM -22. In addition, two budgetary reallocations are proposed. The acting City Manager is requesting a reallocation of one Executive Assistant to the City Manager (MM) position to the more inclusive and industry- standard title of Assistant to the City Manager and the acting Police Chief is requesting a reallocation of one Senior Systems Administrator position to the classification of Police Administrative Manager (RM) in order to reflect the increased scope of responsibility assigned to a position with both fiscal and human resources oversight. These changes reflect an effort to clarify and streamline classification assignments for certain management level administrative functions and are consistent with the City's practice of allocating positions to the classification most representative of the position's duties and responsibilities. 55B -1 Proposed Amendments to Classification and Compensation Plans and City's Budget September 3, 2013 Page 2 FISCAL IMPACT The cost of the proposed reallocation of one Executive Assistant to the City Manager position to the classification of Assistant to the City Manager at salary rate range MM -22 totals $15,066 for FY 2013 -14 and 2014 -15. The cost of the proposed reallocation of one Senior Systems Administrator position to the classification of Police Administrative Manager totals $24,852 for FY 2013 -14 and 2014 -15. Funds are available in the respective departmental salary accounts. Edward S.ft9ya IJ Executive Director Personnel Services Department Kevin O'Rourk Interim City Manager City Manager's Office Carlos Rojas Acting Police Chief Police Department APPROVED AS TO FUNDS AND ACCOUNTS: a =JL - Francisco Gutierrez Executive Director Finance & Management Services Agency j/,� 55B -2 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NOS. 91 -066 AND 96 -095 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS AND TO AMEND THE CITY'S BUDGET FOR FISCAL YEARS 2013 -2015. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On July 1, 1991, the City Council passed and adopted Resolution No. 91 -066, re- establishing the Basic Classification and Compensation Plan for classifications of employment designated as unrepresented Executive Management (EM) and Middle Management (MM). C. On November 18, 1996, the City Council passed and adopted Resolution No. 96 -095, establishing a Basic Classification and Compensation Plan for unrepresented classifications of employment designated as Administrative Management (AM). D. On June 17, 2013, the City Council passed and adopted Ordinance No. NS -2844, establishing the City's Budget for Fiscal Years 2013 -2015, authorizing position allocations for Fiscal Years 2013 -2015, and requiring that alterations in the allocation of authorized positions be reviewed and approved by the City Council. E. It is the City's practice to assign job titles that reflect the duties and responsibilities of the classification and are consistent with other classifications within the City's organizational structure as well as comparable job titles in the labor market, while maintaining internal pay equity relationships and attracting and retaining qualified candidates. F. The Personnel Services Department has completed a mid -year review of various management level classification titles which revealed the need to effect certain changes to the City's basic classification and compensation plans. 55B -3 G. The Personnel Services Department proposes that one (1) obsolete classification title be deleted, one (1) classification title be designated "terminal", one (1) classification title be transferred from one resolution to another and receive an equity adjustment, and two (2) positions in the current Annual Budget be reallocated. H. It is now desired to amend Council Resolution Nos. 91 -066 and 96 -095, and amend the Adopted Budget for Fiscal Years 2013 -2015, as amended, to effect these changes. Section 2: That Section 3B Middle Management Classifications of Resolution No. 91 -066, as amended, be further amended by: A. Deleting the following full time, vacant and obsolete classification title at the monthly seventeen -step salary rate range indicated: Classification Title 17 -Step Salary Rate Range Effective 9/1/13 SRR Monthly Salary Minimum - Maximum Downtown Development Manager (MM) MM -22 $8119 - $12051 B. Designating as "Terminal' the following full time classification title at the monthly seventeen -step salary rate range indicated: Classification Title 17 -Step Salary Rate Range Effective 9/1/13 SRR Monthly Salary Minimum - Maximum Executive Assistant to the City Manager (MM) MM -17 $7175 - $10652 C. Adding the following existing full time classification title transferred from Resolution No. 96 -095, at the monthly seventeen -step salary rate range indicated: Classification Title 17 -Step Salary Rate Range Effective 9/1/13 SRR Monthly Salary Minimum - Maximum Assistant to the City Manager (MM) MM -22 8119 - $12051 D. Designating the classification title of Assistant to the City Manager as Middle Management by assigning the parenthetical identifier "(MM)" after this classification title. Section 3: That Section 3 Designation of Administrative Management Classes and the Assignment of Such Classes to Salary Rate Ranges of Resolution No. 96 -095, as amended, be further amended by removing the parenthetical identifier "(AM)" from the classification title of Assistant to the City Manager, and deleting this title from this Resolution in order to transfer it to Resolution No. 91 -066. 55B -4 Section 4: That the City Budget for Fiscal Years 2013 -2015, as amended, is hereby further amended by: A. Reallocating one (1) full time position in the City Manager's Office as follows: Classification Title 17 -Step Salary Rate Range Effective 9/1/13 SRR Monthly Salary From: Minimum - Maximum Executive Assistant to the City Manager (MM) MM -17 $7175 - $10652 To: Assistant to the City Manager (MM) MM -22 $8119 - $12051 B. Reallocating one (1) full time position in the Police Department as follows: From: Classification Title Senior Systems Administrator To: Classification Title Police Administrative Manager (RM) 7 -Step Salary Rate Range Effective 9/1/13 SRR Monthly Salary Minimum - Maximum 668 $5434 - $7283 5 -Step Salary Rate Range Effective 9/1/13 SRR Monthly Salary Minimum - Maximum M752 $8189 - $9955 Section 5: That except as amended by this Resolution, all other provisions of Resolution Nos. 91 -066 and 96 -095, as amended, and the Annual Budget for Fiscal Years 2013 -2015, as amended, shall remain in full force and effect. 2013. Section 6: This Resolution shall be operative from and after September 3, ADOPTED this 3`d day of September, 2013. Miguel A. Pulido Mayor 55B -5 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Joseph Straka Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2013 -_ to be the original resolution adopted by the City Council of the City of Santa Ana on June 3, 2013. Date: 55B -6 Clerk of the Council City of Santa Ana REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2013 TITLE- RESOLUTION CONFIRMING THE RATE POLICY FOR CITY OWNED PARKING GARAGES AND T E SURFACE PARKING LOT IN THE DOWNTOWN MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: I_1:1=000e197 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a Resolution confirming the parking rate policy for the City -owned parking garages and surface parking lot in the Downtown. DISCUSSION The proposed Resolution confirms the current parking rates charged for the use of the City - owned parking facilities in the Downtown area. As illustrated in Exhibit 1, there are four municipal parking garages and a surface parking lot in the Downtown area located at: (A) Third Street and Broadway Avenue, (B) Fifth Street between Bush and French Streets, (C) Third and Birch Streets, (D) Fifth and Main Streets, and (E) Third and Bush Streets In April 2013, the City Council approved an Operating Agreement with Central Parking System, Inc. (Operator) for a term of two years to operate the four parking garages and the surface parking lot. The parking hours vary between the facilities as shown on Exhibit 2. The rate charged for each parking structure during regular hours is $1 per hour or any fraction thereof with the first 30 minutes at $0.50 and a $7 maximum daily. In addition to the regular hourly rate, there is a pre -pay evening rate of $2.00 after 4:00 p.m. on Sunday through Tuesday, and $4.00 pre -pay flat rate after 7:00 p.m. on Wednesday through Saturday. Additionally, the City collects a $5 pre -paid flat rate during City- sanctioned special events, which is a discount from the $7 daily maximum rate. Further, the City charges a $3 rate for vendors participating in these special events. 55C -1 Special Events Parking Policy September 3, 2013 Page 2 For years the City has issued Special Event Permits for annual events such as Fiestas Patrias, Cinco de Mayo, Dia de los Muertos, O.C. Pride, Aces Car Show and Patchwork Fairs, to name a few. These special events usually occur on weekends, either a Saturday only event or one that runs for both Saturday and Sunday. The typical City process for any large scale event in the Downtown that requires the closure of one or more public street is for the promoter to submit a Special Event Permit application to the Police Department for review and approval. When a Special Event Permit is issued by the Police Department, the City notifies the Operator who then posts signs one week in advance to notify patrons of the upcoming special event and the fact that the parking facilities will operate under the pre -pay parking rate on that weekend. This process is designed to give the daily users ample time to make other parking accommodations. In addition, individuals with a current monthly parking pass are not charged to enter the facilities during a special event. The purpose of charging the pre -pay flat rate is for operational logistics; that is, to allow for safe and efficient entry and exit from the parking garages and to prevent long queuing that could significantly impact the traffic flow on public streets. The revenue collected from the special event is to offset the operational costs of the Operator in providing additional security guards services and staffing for additional maintenance and cleanliness of the garages after the event. The additional staffing and security measures ensure that during the special event the parking facilities operate in a safe manner. Further, this approach has the least negative impact to the City and surrounding businesses or residents and allows for a quick return to normal operations for the daily users of the garages. Although the City has operated the downtown parking facilities for decades, a recent review of City documents determined that the parking rate policy had not been the subject of a formal action by the City Council. The Municipal Code, Chapter 36, Article IX Section 36 -431, states: "The council may, by resolution, declare the necessity for the use of parking meters on any municipally owned or operated parking lot, may fix and determine traffic patterns for the movement of traffic on such municipally owned or operated parking lot and governing the ingress and egress thereto and therefrom, and when the council regularly passes and adopts any resolution for any of said purposes the same shall control the use of the area affected thereby, and said regulations may be applied to lots open to public use or to lots restricted to certain classes of vehicles and to certain hours and days." The Municipal Code clearly provides the Council with the authority to establish a rate policy for the City parking facilities through the adoption of a resolution. Given the absence of official documents, it is recommended that the Council adopt the proposed resolution confirming the current parking rate policy. The proposed Parking Rate Policy contains the following provisions: • The rate charged for each facility during regular hours is $1 per hour or any fraction thereof with the first 30 minutes at $0.50 and a $7 maximum daily. A flat pre -pay evening rate of $2 to $20 may be charged. The current evening flat rate 55C -2 Special Events Parking Policy September 3, 2013 Page 3 is $2 on Sunday through Tuesday after 4pm and $4 on Wednesday through Saturday after 7pm. • The monthly rate ranges from $20.00 to $60.00 depending on the parking space location or per an agreement with a business. • When a special event is held, a flat rate of not less than $5 or more than $20 for event attendees of the special event shall be uniformly charged for each parking facility. The rate will be determined by the City Manager based on the City's best interest. The current rate is $5.00. • When a special event is held, a flat rate of not less than $3 or more than $20 for event vendors shall be uniformly charged at the parking facilities as determined necessary by the City Manager or a designee. The current rate is $3.00. • The hours of operation for the Downtown parking facilities shall be between 8 am and 12am and flexibility to the hours of operation may be allowed at the discretion of the City Manager on an event -by -event basis. The approved hours of operation for special event parking shall be consistent for all downtown parking facilities. If the proposed resolution is approved, it will set a policy for the City to continue implementing the current rates for the regular days and the $5 pre -pay special event - parking rate for all of the Downtown parking facilities. An alternative is to maintain the non - special event parking rates and hours of operation for the special event on weekends. This alternative could potentially create traffic and operational issues both entering and exiting the parking garages when a large number of attendees to the special event create a high demand of parking. FISCAL IMPACT The estimated revenues have been included in the Fiscal Year 13/14 budget. The approval of the resolution confirming the current parking rate policy will allow the City to meet the projected revenues. a� ncy ong, I Francisco Gutierrez Interim Exec ti Director Executive Director Community D t Agency Finance & Management Services Agency NF /GPL /kg Exhibit: 1. Map of City -owned parking garages & lot 2. Summary of Current Parking Structure Rates & Operating Hours 3. Resolution 55C -3 55C -4 Qyyy. °/ ° City of Santa Ana Parking Structures and Surface Lot N 4TH ST TI �i A 2 ANTA ANA V yWT ANA t1lV0 O T , O H 3 r Ix 2 4TH ST 4TH ST b El E] Ej o� m 2NU ST EXHIBIT I 55C -5 C'� A Third and Broadway 3 Levels -440 spaces B Fifth between Bush St. and French St. 4 Levels -700 spaces • C Third St. and Birch St. ST 5 Levels -400 spaces D Fifth St. and Main St. 7 Levels -400 spaces E Third St. and Bush St. Surface Lot -62 spaces 55C -6 z O 2 Z F ¢ w O D Z F ¢ E oa �o o O LL LL U LL 0 oa E E E E LL E c N o E E E E E N D O O N LL m is a m m E E E a o E n T ri '4 rl ey W Q � Q E LL O T O N O R LL m m m m m n �o Z E E E a E O� � r o EE EE E m m o m O m n �o O 2 o E E E E E Q fi ri ri �y w � 2 E 3 o m oo m OO m LL m m m m m n �o E n QW N N W E E E O m Oo m Oo m LL m m m m m n m E o Q ~ 0 � Z E E E o a O m O a LL m m m m m n �o N Z T Y O t m 6 w �- o w a � c > m H o N � a � « n m a m' `n in in c n C U t U t U d 1- LL H x F ¢ m u o w c T x v 7 C O r 3 a m E a a v ^ « E v C � � O n a x v m m � xE E 'c y o � 1, O ! W � � pp t T T "O y N a N n N O N c a a u Z' w c y o 6 N � m c o a a W N m � d 55C -7 N H m S X W 55C -8 EXHIBIT 3 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING HOURS AND PARKING RATES FOR SPECIFIED CITY OWNED PARKING FACILITIES 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 conclusively finds, determines and declares as follows: A. The City of Santa Ana owns four (4) parking garages and numerous parking lots throughout the City. ( "Parking Facilities "). B. As owner of the Parking Facilities and pursuant to the California Vehicle Code and Section 36-431 of the Santa Ana Municipal Code, the City Council may by resolution establish parking rates and "fix and determine traffic patterns for the movement of traffic on municipally owned or operated parking lots ... and when the council regularly passes and adopts any resolution for any of said purposes the same shall control the use of the area affected thereby, and said regulations may be applied to lots open to public use or to lots restricted to certain classes of vehicles and to certain hours and days. C. The location of and rates for parking directly impact traffic and parking circulation patterns, traffic congestion and parking availability on a daily basis and during special events. D. Establishing and authorizing the City Manager to adjust parking rates as a means of regulating the use of all City parking facilities and resources will distribute the parking load more evenly between residents, and visitors, and maximize the utility and use of certain City parking facilities and resources, thereby making parking easier and convenient to customers and reducing traffic hazards and congestion, and promoting the public convenience, safety, and welfare. Section 2. The City of Santa Ana hereby establishes the following parking hours and rates for the Parking Facilities identified below: A. Third St. and Broadway (3 levels -440 spaces) Hours: Monday and Tuesday 8am to 8pm; Wednesday through Saturday 8:00 am to 12:00am; and Sunday 10:00am to 6:00pm. Day Rates: $1.00 per hour or any fraction thereof; first 30 minutes is $0.50 with a maximum of $7.00 per day. Evening Rates: A flat pre -pay rate of between $2.00 and $20.00 may be established with the approval of the City Manager. Monthly Parking Rate: $20.00 - $60.00 depending on parking space location and per agreement, if applicable 55394.00000 \8238300.1 55C-9 B. Fifth St. between Bush St. and French St. (4 levels -700 spaces) Hours: Monday and Tuesday 7:30am to 9:00pm; Wednesday through Friday 7:30am to 12:00am; Saturday 6:00pm to 12:00am; and free on Sunday. Day Rates: $1.00 per hour or any fraction thereof; first 30 minutes is $0.50 with a maximum of $7.00 per day Evening Rates: A flat pre -pay rate of between $2.00 and $20.00 may be established with the approval of the City Manager. Monthly Parking Rate: $20.00 - $60.00 depending on parking space location and per agreement, if applicable C. Third St. and Birch St.(5 levels -400 spaces) Hours: Monday and Tuesday 8:00am to 6:00pm; Wednesday through Friday 8:00am to 12:00am; Saturday 4:00pm to 12:00am and free on Sunday. Day Rates: $1.00 per hour or any fraction thereof; first 30 minutes is $0.50 with a maximum of $7.00 per day Evening Rates: A flat pre -pay rate of between $2.00 and $20.00 may be established with the approval of the City Manager. Monthly Parking Rate: $20.00 - $60.00 depending on parking space location and per agreement, if applicable D. Fifth St. and Main St.(7 levels -400 spaces) Hours: Monday through Saturday 6:30am to 11:00pm; Closed on Sunday Day Rates: $1.00 per hour or any fraction thereof; first 30 minutes is $0.50 with a maximum of $7.00 per day Evening Rates: A flat pre -pay rate of between $2.00 and $20.00 may be established with the approval of the City Manager. Monthly Parking Rate: $20.00 - $60.00 depending on parking space location and per agreement, if applicable E. Third St. and Bush St. (surface lot -62 spaces) Hours: Monday through Saturday 8:00am to 8:00pm; Free on Sunday during the day. Day Rates: Five cents for each four minutes or seventy -five cents per hour per Section 36- 398(b), as such may be amended from time to time. Evening rates: After 8:00pm a flat pre -pay rate of between $2.00 and $20.00 may be established with the approval of the City Manager. Section 3. The parking rates listed in this Resolution apply to vehicles entering the specified off - street parking facility for the specified times, unless a special event is scheduled that is anticipated to increase traffic and parking demands. If a special event is scheduled, the rate may be established for the general public at no less than $5.00 or no greater than $20.00, with approval of the City Manager, which approval may be granted based on the City's best interests. The maximum rate may be set as either a flat rate per entry or an increased incremental rate based upon time of entry and duration of parking. The special event rate shall be uniformly charged for each parking facility. For purposes of this Resolution a special event is a City- approved event that requires street closures. Section 4. If a special event is scheduled, the rate may be established for vendors at no less than $3.00 and no greater than $20.00, with approval of the City Manager, which 55394.00000 \8238300.1 55C -1 0 approval may be granted based on the City's best interest. The maximum rate may be set as either a flat rate per entry or an increased incremental rate based upon time of entry and duration of parking. For purposes of this Resolution a special event is a City- approved event that requires street closures. Section 5. If there are any conflicts between the parking rates adopted in this Resolution and any parking rates adopted by prior resolution or policy, the rates adopted in this Resolution shall take precedence. 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 3rd day of September, 2013. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney AYES: NOES: Councilmembers: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2013- to be the original resolution adopted by the City Council of the City of Santa Ana on September 3, 2013. Date: Clerk of Council City of Santa Ana 55394.00000 \8238300.1 55C -11 55C -12