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HomeMy WebLinkAbout FULL PACKET_2012-02-06MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JANUARY 17, 2012 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS - None COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:08 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern (5:15 P.M.) P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ (6:07 p.m.) VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council COUNCIL RECESSED to Room 147 for Closed Session discussion. CLOSED SESSION ITEMS 1A CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Steve Critchfield vs City of Santa Ana, WCAB Case # ADJ7257253 Andres Junior Ramirez, et al. v. City of Santa Ana, Orange County Superior Court Case No. 30- 2011 - 00446307 CITY COUNCIL MINUTES 1 JANUARY 17, 2012 1 0A -1 1B CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(b) – One matter 1C CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION pursuant to Government Code Section 54956.9(c) – One Matter 1 D 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) Santa Ana Police Management Association (PMA) Santa Ana Firemen's Benevolent Association (FBA) Santa Ana Fire Management Association (FMA) Service Employees' International Union (SEIU) Full -Time Employees Service Employees' International Union (SEIU) Part -time Civil Service Employees Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) Agency Negotiator: Interim City Manager, Paul M. Walters Employee Organizations: Executive Management (EM) 1 E PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Attorney CLOSED SESSION REPORT – See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 6:24 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 G r�7. JANUARY 17, 2012 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:29 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO PLEDGE OF ALLEGIANCE INVOCATION COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO Roger Aragon, Police Chaplain CLOSED SESSION REPORT — See Item 19A for report. AGENDA ITEM NOS. 11A AND 50A TAKEN OUT OF ORDER 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. 11A SECOND READING ORDINANCE - CONSIDER CHANGING NEW CITY COUNCIL WARD BOUNDARY LINES - Clerk of the Council Office Placed on first reading at the December 19, 2011 City Council meeting and approved by a vote of 6 -0 (Bustamante absent). Published in the Orange County Register on January 6, 2012. CITY COUNCIL MINUTES 3 i NMI JANUARY 17, 2012 Speakers: Connie Hamilton, asked that the City Council consider the alternative map submitted by Thomas Gordon; would like to see less neighborhood associations with dual City Council representatives. Thomas Gordon, submitted alternative map for Council consideration; attached to the agenda report; seek compromise and asked the City Council to continue to work on boundary lines - maintain population equity and keep neighborhood associations boundaries together. Councilmember Tinajero noted that City Charter requires equal population distribution and Ad Hoc Committee accomplished goal; also neighborhood associations in more than one ward have more representatives they can reach out to; urged City Council to approve proposed ward map. Mayor Pro Tern Alvarez thanked staff and committee members for efforts, and support proposed boundaries. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2826 - AN ORDINANCE OF THE CITY OF SANTA ANA CHANGING AND ESTABLISHING THE BOUNDARY LINES OF THE WARDS OF THE CITY OF SANTA ANA, CALIFORNIA MOTION: Tinajero VOTE: AYES SECOND: Alvarez Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ORDINANCES /FIRST READING 50A ORDINANCE AMENDING CHAPTERS 18 AND 31 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING SMOKING IN CITY PARKS - Parks, Recreation & Community Services Agency Speakers: • Claire Braeburn, America On Track, supports a "No Smoking" ordinance in public parks; concerned with 2nd hand smoking; noted that Orange County has less than 10% of population that smoke; introduced group of teenagers that surveyed community and collected cigarette butts and cigarette related litter. • Jim Walker, supports ordinance; proposed ordinance builds a healthy community and protects our children - CITY COUNCIL MINUTES 4 1 0A -4 JANUARY 17, 2012 • Nayeli Diaz, supports ordinance; alarmed with statistics of second hand smoking. • Alejandro Mendoza, supports ordinance; concerned with second hand smoking and influence on young children Councilmember Tinajero thanked speakers; supports ban on smoking in public parks; change not easy. Councilmember Martinez thanked "America On Track" and volunteer students for efforts on this project; air quality important to all. Councilmember Benavides thanked all and Mike Walker for leadership on this issue. Councilmember Sarmiento would like to send message to the community that smoking not allowed in public parks. MOTION: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2827 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 18 AND CHAPTER 31 OF THE SANTA ANA MUNICIPAL CODE RELATING TO PROHIBITING SMOKING IN CITY PARKS 2. Approve and adopt the Categorical Exemption for Environmental Review No. 2011 -25. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) None (0) None (0) None (0) THE CITY COUNCIL MEETING RECESSED AT 7:07 P.M. TO THE COMMUNITY REDEVELOPMENT AGENCY. MAYOR PULIDO READ THE FOLLOWING STATEMENT FOR THE RECORD, "AS REQUIRED BY GOVERNMENT CODE SECTION 54952.3, WE HEREBY NOTIFY THE PUBLIC THAT THE COMMUNITY REDEVELOPMENT AGENCY MEMBERS OF THE CITY OF SANTA ANA WILL RECEIVE $150.00 FOR SAID MEETING." THE COMMUNITY REDEVELOPMENT AGENCY MEETING FOLLOWED BY THE SANTA ANA HOUSING AUTHORITY MEETING; THE CITY COUNCIL MEETING RECONVENED AT 7:08 P.M. WITH SAME MEMBERS PRESENT. CITY COUNCIL MINUTES 5 JANUARY 17, 2012 1 0A -5 *Mayor Pulido left the meeting at 7:10 p.m. and did not return. Mayor Pro Tern Alvarez assumed the Chair and presided over the meeting. PUBLIC COMMENT • Dulce Saavedra, concerned with fast food establishments; would like to have more farmer's markets and healthy alternatives. • Robin Cook, commented on Agenda Item 20A; supports action. • Jason Nguyen, resident of Fisher Park Neighborhood Association and member of Save Santiago Creek Alliance; supports bike trail, but at alternative site and not through a natural creek. • Ronald Salem, community liaison of Save Santiago Creek Alliance, has over 160 members; concerned with threat of eminent domain and misinformation on the proposed bike trail project. • Bryan Kaye, resident of the City of Orange; concerned with destruction of natural setting of creek if bike trail approved; opined that homeless problem would be exacerbated • Chris Lancaster, resident of Casa de Santiago neighborhood, concerned with legal and maintenance problem if bike trail built along creek. • Margaret Ospina, concerned with graffiti, maintenance and safety of residents along creek if bike trail built. • Jennifer Faiz, volunteer member of the Santa Ana Historical Society and Save Santiago Creek Alliance, noted that flood path would be changed if bike trail built along natural creek. • Dennis Carbajal, commented on outsourcing of the Santa Ana Fire Department; concerned that business insurance rates would be increased with County standards rather that City; also, noted that other budget saving alternatives were outlined in the Management Partners report. • John Raya, TKO Boxing, commented that Alexis Rocha was recently highlighted in article in the OC Register; will be competing in Kansas City as well as Ronnie Rios in Golden City on same day. • George Collins, inquired on obligation to repay the City's Redevelopment Agency's loan to the general fund in the amount of $400 million. • Brad Torgan, representing the Silverstein Law Firm, commented on Agenda Item 55A, asked to meet with the City Council on the matter. • Thomas Gordon, invited all to attend upcoming Graffiti Paint -Out event that will be held on January 28, 2012 at Memorial Park; and opined that expenses incurred for recent event should be refunded to the City. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 31A with the following modifications: • Mayor Pro Tern Alvarez recorded a "No" on Item 19C; and • Councilmember Benavides voted "No" on Item 31A. CITY COUNCIL MINUTES 6 JANUARY 17, 2012 iil�l�� MOTION: Tinajero SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE REGULAR MEETING OF DECEMBER 19, 2011 - Clerk of the Council Office MOTION: Approve Minutes. 10B MINUTES OF THE SPECIAL MEETING OF JANUARY 9, 2012 - Clerk of the Council Office MOTION: Approve Minutes. ORDINANCES /SECOND READING 11A TAKEN OUT OF ORDER MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT — City Attorney's Office MOTION: Approve. 1. Authority to commence Unlawful Detainer Action against holdover tenants located at 510 N. Bristol Street, Santa Ana (Bristol Street Widening Project). CITY COUNCIL MINUTES 7 JANUARY 17, 2012 1 0A -7 2. Approve a Compromise and Release Agreement in the matter of Steve Critchfield vs City of Santa Ana, WCAB Case # ADJ7257253 in the amount of $49,165.79, less permanent disability advances of $30,397.86 for a balance of $18,767.93; plus future medical care expenses. 19B EXCUSED ABSENCES — None 19C DESTRUCTION OF OBSOLETE CITY RECORDS - Community Development Agency MOTION: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006 -045. *Mayor Pro Tern Alvarez voted "No" on item 19C. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A ASPHALT WALKWAY IMPROVEMENTS AT THE SANTA ANA ZOO (GRANT FUNDED) - Parks, Recreation & Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a funding agreement, subject to non - substantive changes approved by the City Manager and City Attorney. AGMT NO. 2012 -001 - With the Friends of Santa Ana Zoo for the renovation of asphalt walkways at the Santa Ana Zoo at Prentice Park in amount not to exceed $75,000 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012 -110 - Approve an appropriation adjustment to recognize $75,000 in the Recreation Special Fee and Donations - FOSAZ Revenues account and appropriate same to the Contract Services account. CITY COUNCIL MINUTES 8 JANUARY 17, 2012 illyx;� 20B COUNTY OF ORANGE SOCIAL SERVICES AGENCY VOCATIONAL TRAINING AND WORK EXPERIENCE PROGRAM - Community Development Agency MOTION: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012 -112 - Approve an appropriation adjustment recognizing $800,000 awarded to the City of Santa Ana, Santa Ana WORK Center by the County of Orange Social Services Agency for vocational training and work experience activities. 2. Authorize the City Manager and Clerk of the Council to execute an agreement, subject to non - substantive changes approved by the City Manager and City Attorney. AGMT NO. 2012 -002 - With the County of Orange Social Services Agency effective March 7, 2012 through June 30, 2013. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A through 22F) 22A SPEC. NO. 11 -069 - RE- ROOFING PARK CENTER —Award a contract to Cook Coatings, Inc. in an amount not to exceed $41,790 (Parks, Recreation & Community Services Agency) - Finance & Management Services 22B SPEC. NO. 12 -002 - REPLACEMENT POLICE PATROL SEDANS — Award a contract to Wondries Fleet Group, under the Cooperative Purchase Provision of the County of Los Angeles, in an amount of $333,221 (Police Department) - Finance & Management Services 22C SPEC. NO. 11 -072 — COMMVAULT DATA BACKUP AND RECOVERY SOFTWARE PREMIER SUPPORT AND MAINTENANCE RENEWAL - Award a contract to NTH Generation Computing, Inc. an amount not to exceed $60,000 - Finance & Management Services 22D SPEC. NO. 11 -074 - POLICE MOTORCYCLE REPAIR - Award a contract to Seavco d /b /a Iry Seaver Motorcycles for a two -year period, with CITY COUNCIL MINUTES 9 JANUARY 17, 2012 LL1 A , provision for two, one -year renewals in an annual aggregate amount not to exceed $150,000 - Finance & Management Services 22E SPEC. NO. 12 -003 - FIT TEST MACHINES - Award a contract to Mallory Safety & Supply Company in an amount not to exceed $423,000, Urban Areas Security Initiative (UASI) funded (Police Department) - Finance & Management Services 22F SPEC. NO. 12 -004 - PORTABLE RADIATION DETECTORS - Award a contract to Mallory Safety & Supply Company in an amount not to exceed $103,000, Urban Areas Security Initiative (UASI) funded (Police Department) - Finance & Management Services PROJECTS /CHANGE ORDERS 23A CONTINGENCY INCREASE FOR FIRST STREET BRIDGE REPLACEMENT OVER THE SANTA ANA RIVER (PROJECT NO. 061723) - Public Works Agency MOTION: Increase the contingency for the contract with Powell Constructors, Inc., for the construction of the First Street bridge replacement over the Santa Ana River by $602,605 to a total estimated contract amount of $7,815,000, and authorize the City Manager to execute change orders in an amount not to exceed the authorized contingency. 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 25H) 25A AGMT NO. 2012 -003 - CABLE EQUIPMENT MAINTENANCE AND VIDEO PRODUCTION SERVICES - Execute an amendment with Video Engineering Services for one year in an annual amount not to exceed $57,915 - Parks, Recreation & Community Services Agency 25B AGMT NO. 2012 -004 - CALIFORNIA GREEN BUILDING CODE AND LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) TRAINING (GRANT FUNDED) - With GreenStep Education in an amount not to exceed $55,180 and authorize the City Manager to execute an CITY COUNCIL MINUTES 10 JANUARY 17, 2012 P1 W"I tC amendment to extend said agreement should the grant period be extended. - Public Works Agency 25C PURCHASE AGREEMENTS FOR BRISTOL STREET CORRIDOR (PROJECT NO. 081700) - Public Works Agency 1. AGMT NO. 2012 -005 — With Cynthia Castillo, Maximino Castillo and Raquel Madrigal Castillo for the purchase of a portion of the property located at 1309 West Seventh Street in the amount of $1,105; 2. AGMT NO. 2012 -006 — With Maria L. Reyes for the purchase of a portion of the property located at 1312 West Seventh Street in the amount of $2,500. 25D AGMT NO. 2012 -007 - ENERGY CONSULTING SERVICES - With Edward K. Aghjayan in an amount not to exceed $35,000 - Public Works Agency 25E AGMT NO. 2012 -008 - DETENTION FACILITY FOOD AND COMMISSARY SERVICE - With Aramark Correctional Services in an annual amount not to exceed $1,271,900 - Police Department 25F AGMT NO. 2012 -009 - JANITORIAL MAINTENANCE SERVICES - Execute an amendment with Able Building Maintenance Company in an annual not to exceed amount of $370,000 - Police Department 25G AGMT NO. 2012 -010 - IMMEDIATE ACTION TEAM COURSE TRAINING TO FIRST RESPONDERS (UASI FUNDED) - With Government Training Institute, Inc., in an amount not to exceed $600,000 - Police Department 25H PARK LANDSCAPE MAINTENANCE SERVICES - Parks, Recreation & Community Services Agency 1. Accept termination notice from Pinnacle Landscape effective January 13, 2013. 2. Authorize the City Manager and Clerk of the Council to execute the attached agreement, subject to non - substantive changes approved by the City Manager and City Attorney. AGMT NO. 2012 -011 - Execute an amendment with Master Landscape & Maintenance, Inc. to provide park landscape maintenance services CITY COUNCIL MINUTES 11 JANUARY 17, 2012 1 0A -11 in District 3 for a six -month period in an amount of $225,144, for a total agreement amount not to exceed $494,200. 3. Authorize the Parks, Recreation and Community Services Agency to issue a Request for Proposals (RFP) to qualified companies to provide landscape maintenance services. LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31A CONDITIONAL USE PERMIT NO. 2011 -24 TO ALLOW A NEW MCDONALDS RESTAURANT WITH DRIVE THROUGH WINDOW SERVICE AT 1100 SOUTH GRAND AVENUE — BICKEL UNDERWOOD, APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on December 12, 2011, by a vote of 6 -0 (Nalle absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2011 -24 as conditioned. *Councilmember Benavides voted "No" on item 31A. * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS ORDINANCES /FIRST READING 50A TAKEN OUT OF ORDER RESOLUTIONS 55A RESOLUTION CERTIFYING EIR FOR SAN LORENZO SEWER LIFT STATION AND APPROVAL OF SAN LORENZO SEWER LIFT STATION PROJECT - Public Works Agency MOTION: Continue consideration of matter to the February 6, 2012 City Council Meeting at the request of staff. MOTION: Alvarez SECOND: Bustamante CITY COUNCIL MINUTES 12 JANUARY 17, 2012 1 0A -12 M. •m VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) COMMENTS CITY MANAGER'S COMMENTS - None CITY COUNCILMEMBER COMMENTS Councilmember Tinajero: • Thanked all speakers that help create a better community; and • Little Leagues holding try-outs through February; encouraged donations to help offset costs and offer scholarships. Councilmember Benavides: • Thanked all speakers for participating in democratic process; City making strides to have a healthy community; City's goal is to balance health and business opportunities. • Commented on neighborhood associations and dual City Council representatives, encouraged all to continue to be involved; City's neighborhood improvement program at risk due to state and federal funding shortages. Councilmember Bustamante: • Thanked all speakers on Santiago Creek matter; will be holding a meeting for all stakeholders to attend. Councilmember Martinez: • Commented on Agenda Item 31A — noted that City has to strike balance when it comes to business opportunities and offering healthy alternatives for residents; • Encouraged all to support TKO Boxing and commit to fundraising; • Invited all to participate in upcoming Graffiti Paint -Out and requested support from local businesses; • Met with various members on the proposed Santiago Creek Bike Trail; City will be reviewing the Circulation Element and invited all to participate in the process; • Redevelopment Agency defunct effective February 1, 2012; • Wished all a Happy New Year; and CITY COUNCIL MINUTES 13 JANUARY 17, 2012 1 0A -13 • Martin Luther King Jr. Day celebrated on January 16, 2012, will be recognizing Black History Month at next City Council meeting. Councilmember Sarmiento: • Thanked the OC Register for recent article on reduced crime rate; thanked staff and residents for efforts; noted that State's decision to release inmates may affect crime rates; and • Recognized Rene Guzman who is a recipient of the Bronze Service Award for volunteerism given to him by the President of the United States. Mayor Pro Tern Alvarez: • Thanked Thomas Gordon for organizing the Graffiti Paint -Out event; • Will be attending the Vietnamese Parade on January 28, 2012; • Encouraged all to read article in "Forbes Magazine" on the City of Santa Ana's low crime rate report and article by OC Register on same subject; • Various health issues were considered at tonight's City Council meeting and will continue to be an important subject matter; • Asked the City Manager to schedule a meeting with the neighborhood associations involved in the Santiago Creek matter; • Adjourned in memory of Santa Ana Police Corporal Jim Geist. Adjourn In Memory of Police Corporal James "Jim" F. Geist ADJOURNED 7:59 p.m. - The next meeting of the City Council is scheduled for Monday, February 06, 2012 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 6:00 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California.. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 14 JANUARY 17, 2012 1 0A -14 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JANUARY 24, 2012 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 12:20 P.M. ATTENDANCE COUNCILMEMBERS Present: CLAUDIA C. ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE VINCENT F. SARMIENTO SAL TINAJERO * COUNCILMEMBERS Absent: MIGUEL PULIDO, Mayor MICHELE MARTINEZ STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS - None CLOSED SESSION MEETING *Councilmember Tinajero teleconferenced from Fullerton Union High School, 201 E. Chapman Ave., Fullerton, CA 92832. Agenda for meeting was posted at facility, as required by the Govt. Code 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 LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya CITY COUNCIL MINUTES 1 0B -1 JANUARY 24, 2012 Employee Organizations: • Santa Ana Police Officers Association (POA) • Santa Ana Police Management Association (PMA) • Santa Ana Firemen's Benevolent Association (FBA) • Santa Ana Fire Management Association (FMA) • Service Employees' International Union (SEIU) Full -Time Employees • Service Employees' International Union (SEIU) Part -time Civil Service Employees • Confidential Association of Santa Ana (CASA) • Santa Ana Management Association (SAMA) Agency Negotiator: Interim City Manager, Paul M. Walters Employee Organizations: Executive Management (EM) 1B PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Attorney CLOSED SESSION REPORT — Nothing to report. ADJOURNED - 12:40 p.m. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 2 JANUARY 24, 2012 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JANUARY 30, 2012 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:44 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS - None CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 19A through 29A. MOTION: Bustamante VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Alvarez, Bustamante, Tinajero (6) None (0) None (0) Benavides (1) Martinez, Pulido, Sarmiento, CITY COUNCIL MINUTES 1 JANUARY 30, 2012 1 0C -1 ADMINISTRATIVE MATTERS MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - None 19B EXCUSED ABSENCES - None BUDGETARY MATTERS MISCELLANEOUS - BUDGET 29A DEMAND PAYMENT FROM THE REDEVELOPMENT AGENCY IN THE AMOUNT OF $956,173.73 FOR NEXUS PERMIT FEE DEFERRAL - Planning and Building Agency MOTION: Demand payment from the Community Redevelopment Agency to the City of Santa Ana for deferred fees in the amount of $956,173.73 for the Nexus project, pursuant to Section 2 -618 of City of Santa Ana Municipal Code. * *END OF CONSENT CALENDAR ** REGULAR BUSINESS ITEM RESOLUTION 55A RESOLUTION AUTHORIZING THE CITY OF SANTA ANA AS SUCCESSOR AGENCY FOR THE FORMER COMMUNITY REDEVELOPMENT AGENCY TO INVEST IN THE LOCAL AGENCY INVESTMENT FUND - Finance and Management Services MOTION: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AS THE SUCCESSOR AGENCY FOR THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CITY TREASURER TO REMIT AND MANAGE FUNDS WITH THE STATE TREASURERS LOCAL AGENCY INVESTMENT FUND FOR THE PURPOSE OF INVESTMENT OF THE FORMER AGENCY FUNDS CITY COUNCIL MINUTES 2 JANUARY 30, 2012 1 0C -2 MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Bustamante Alvarez, Bustamante, Sarmiento, Tinajero (6) None (0) None (0) Benavides (1) *Councilmember Benavides joined the meeting at 5:45 p.m. Martinez, Pulido, THE CITY COUNCIL MEETING RECESSED AT 5:45 P.M. TO THE COMMUNITY REDEVELOPMENT AGENCY. MAYOR PULIDO READ THE FOLLOWING STATEMENT FOR THE RECORD, "AS REQUIRED BY GOVERNMENT CODE SECTION 54952.3, WE HEREBY NOTIFY THE PUBLIC THAT THE COMMUNITY REDEVELOPMENT AGENCY MEMBERS OF THE CITY OF SANTA ANA WILL RECEIVE $150.00 FOR SAID MEETING." THE COMMUNITY REDEVELOPMENT AGENCY MEETING AND RECONVENED AT 5:46 P.M. WITH SAME MEMBERS PRESENT. COMMENTS 90A CITY MANAGER'S COMMENTS - None 90B COUNCILMEMBER COMMENTS - None COUNCIL RECESSED to Room 147 for Closed Session discussion. CLOSED SESSION MEETING 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: CITY COUNCIL MINUTES 3 1 0C -3 JANUARY 30, 2012 Community Redevelopment Agency Item: 1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8. Property: ±2.7 acres of Agency -owned land on the south side of Garden Grove Blvd immediately west of the Santa Ana River -1600 Memory Lane, Santa Ana. Agency negotiator: Nancy Edwards, Interim Agency Executive Director Party with whom negotiating: VISTA DEL RIO HOUSING PARTNERS, L.P., a California limited partnership Under negotiation: Terms of Transfer of Property CLOSED SESSION REPORT — Nothing to report. ADJOURNED- 5:57 p.m. The next meeting will be a Regular meeting scheduled for Monday, February 6, 2012 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 6:00 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 4 JANUARY 30, 2012 1 0C -4 Iss:1/31/12 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 18 AND CHAPTER 31 OF THE SANTA ANA MUNICIPAL CODE RELATING TO PROHIBITING SMOKING IN CITY PARKS 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. This Ordinance is necessary to protect the public health and welfare from the harmful health effects associated with secondhand smoke by regulating smoking in public parks. B. Studies have shown that breathing secondhand tobacco smoke is a significant health hazard for several populations, including children, elderly people, individuals with cardiovascular disease, individuals with impaired respiratory function, asthmatics, and those with obstructive airway disease. C. The Surgeon General of the United States found in a 1986 report that secondhand tobacco smoke is a cause of lung disease, including lung cancer, in healthy nonsmokers. The Surgeon General further found that the simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to secondhand tobacco smoke. D. Nonsmokers with allergies, respiratory disease, and those who suffer other ill effects of breathing secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of reactions to secondhand tobacco smoke. E. The Environmental Protection Agency (EPA) has designated secondhand smoke as a Class A carcinogen and a significant cause of respiratory problems in children. 11 A -1 Section 2: Santa Ana Municipal Code Chapter 18, Article Il, Division 1 is hereby amended to read in full as follows (new language in bold, deleted language in strikeout, for tracking purposes only): ARTICLE II. PUBLIC SMOKING REGULATIONS DIVISION 1. CITY BUILDINGS AND PARKS Sec. 18 -39. Definitions. (1) City building means a building, or portion of a building, owned, leased or otherwise occupied by the city. (2) Park means any public park or recreation or playground area, including Class I Bike Trails and paseos, or building or facility thereon within the City of Santa Ana, owned and maintained by the city as a public park or recreation or playground area, whether or not such areas have been formally dedicated to such purpose. (3) Smoke or smoking as used in this Article II shall include the carrying, holding, possession or smoking of a lighted pipe or cigar or cigarette of any kind, or the lighting of a pipe, cigar or cigarette of any kind. (4) Stadium means the Eddie West Field -Santa Ana Stadium. (5) Zoo means the Santa Ana Zoo at Prentice Park. Sec. 18 -40. Prohibition in city buildings, parks, stadium and zoo. (a) Except as otherwise provided in subsection (b) below, no person shall smoke in any city building, park, stadium or zoo. Violation of this section shall be an infraction as specified in Section 19.6 of the Penal Code of the State of California. (b) Subsection (a) above shall not apply to the following areas: (1) Open -air entryways, courtyards or balconies. (2) Parking structures. (3) Any area of a building occupied by a tenant pursuant to a lease 11 A -2 agreement with the city. Sec. 18 -41. Duty to post signs. "No smoking" signs shall be conspicuously posted in every room, building, or other place where smoking is prohibited by this article, by the department head, operator, manager, or other person having control of such room, building, or other place. Section 3: Santa Ana Municipal Code Section 31 -1 is hereby amended to read in full as follows: Sec. 31 -1. Definitions. Unless the particular provisions or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter. (1) The words "amplified sound" mean music or speech projected or transmitted by artificial means including, but not limited to, amplifiers, loudspeakers or any similar devices. (2) The word "department" means the recreation and parks department of the City of Santa Ana. (3) The word "director" means the director of the recreation and parks department. (4) The word "park" means any public park or recreation or playground area, including Class I Bike Trails and paseos, or building or facility thereon within the City of Santa Ana, owned and maintained by the city as a public park or recreation or playground area, whether or not such areas have been formally dedicated to such purpose. (5) The word "pollution" means the contamination or other alteration of the physical, chemical or biological properties of park waters. (6) The word "smoke or smoking" shall include the carrying, holding, possession or smoking of a lighted pipe or cigar or cigarette of any kind, or the lighting of a pipe, cigar or cigarette of any kind. (7) The word "stadium" means the Eddie West Field -Santa Ana Stadium. (8) The word "vehicle" includes any wheeled device or conveyancy, 11 A -3 whether propelled by motor, animal or human power. The term shall include any trailer in tow of any kind, size or description. Exception is made for baby carriages and vehicles in the service of the city. (9) The word "zoo" means the Santa Ana Zoo at Prentice Park. Section 4: Santa Ana Municipal Code Section 31 -2 is hereby amended to read in full as follows (new language in bold, deleted language in strikeout, for tracking purposes only): Sec. 31 -2. Prohibited conduct. The conduct described in sections 31 -2.2 through 31 -2.19 shall be prohibited within the exterior boundary lines of any public park unless specifically allowed through the issuance of a permit pursuant to the requirements of section 31 -3. The conduct described in sections 31 -2.1 through 31 -2.18 shall be prohibited in the stadium or zoo unless inconsistent with the terms and conditions of uses permitted by a contract approved by the city council. Section 5: A new Section 31 -2.19 is hereby added to the Santa Ana Municipal Code to read in full as follows: Sec. 31 -2.19. Smoking prohibited in parks, stadium and zoo. Smoking is prohibited and is unlawful within the boundaries of any park, stadium or zoo. Section 6. In accordance with the California Environmental Quality Act, the recommended action is categorically exempt from further review per section 15321, Class 21, as the project involves an enforcement action by a regulatory agency for an inspection program. A Categorical Exemption for Environmental Review No. ER- 2011 -025 will be filed for this project. Section 7. 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. 11 A -4 ADOPTED this day of APPROVED AS TO FORM: Joseph Straka, Interim City Attorney In Laura Sheedy Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers 2012 Miguel A. Pulido Mayor 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 A -5 11 A -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 6, 2012 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006 -045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19C -1 19C -2 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to the City Manager Date: February 1, 2012 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you. 19C -3 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2012 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence February 1. 2010 and prior Correspondence/ February 1. Chronological Files Councilmember Self- explanatory 2010 and prior Council Requests Mayor Inquiries processed for Mayor February 1. 2010 and prior Wards 1 through 6 Inquiries processed for Councilmembers February 1. 2010 and prior Correspondence General Correspondence Self- explanatory February 1. 2010 and prior Staff Inquiries processed for Staff February 1. 2010 and prior Monthly Status City Manager Self- explanatory February 1.. Reports 2010 and prior Payroll Records Council /Staff Self- explanatory February 1. 2010 and prior February 1, Travel Folders Council /Staff Self- explanatory 2010 and prior APPROVE: Paul M. Walters Date Interim City Manager RECORDS DESTROYED: Volume in Cubic Feet Weight in Pounds 19C -4 CONSENT: os1 e h Straka Date ate Interim City Attorney AUDITED BY: Mark Lawrence Date Assistant to the City Manager MEMORANDUM To: Joseph Straka, Interim City Attorney City Attorney's Office From: Edward Raya, Executive Director Personnel Services Agency Date: January 26, 2012 Re: REQUEST FOR DESTRUCTION OF RECORDS D 07 The Personnel Services Department requests your consent to destroy city records on the attached list, in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you. r• i 19C -5 Attachment to February 6, 2012 Obsolete Records Destruction Schedule Listing To be Purged after December 31, 2011 FT Employee PT Separation Name Number Classification PTCS Date Acosta, Cecilia G. 02422 Intake Specialist FT 10/05/06 Adams, Kenneth 05129 Assistant Director of Planning and Building (M FT 11/03/06 Alvarado, Richard Y. 09309 Sr. Tutor PT 10/25/06 Alway, Maria P. 104526 Police Services Dispatcher FT 10/12/06 Anderson, Richard C. 01932 Police Property and Evidence Specialist FT 12/30/06 Anderson, Richard S. 08162 Fleet Equipment Technician 1I FT 12/28/06 Arredondo, Angel 103319 Fire Prevention Assistant PT 12/21/06 Basta, Nader 104530 Engineering Intern PT 10/02/06 Bensley, Ryan 104684 Senior Administrative Intern PT 12/21/06 Boisseranc, Brandon 104514 Police Officer FT 11/08/06 Briones, Roberta M. 00167 Lead Accounting Assistant FT 09/12/06 Brocker, Douglas L. 10894 Fire Captain FT 12/22/06 Candelario, Regan M. 03092 Community Development District Manager FT 10/13/06 Carlson, Bruce R. 12874 Police Captain (RM) FT 09/21/06 Cossios, Esther M. 00318 Senior Office Assistant FT 12/29/06 Craig, Joshua 104362 Detention Officer FT 12/11/06 Dang, Elizabeth A. 00932 Senior Deputy Clerk of the Council PT 09/28/06 Dorsey, Anthony E. 104564 Senior Maintenance Aide I PT 12/29/06 Fernandez, Nora 03610 Library Assistant PT 12/19/06 Flores, Jose A. 07348 Detention Officer FT 12/14/06 Gamboa, Leticia 104499 Senior Program Leader PT 12/17/06 Gaw, John H. 30541 Water Maintenance Crew Leader FT 12/29/06 German, Lina C. 08324 Economic Development Specialist 11 PTCS 11/03/06 Gomes, Robert J. 04982 Park Maintenance Leader FT 11/02/06 Gomez, Gustavo 06023 Program Leader 11 PT 12/24/06 Gonzales, Jessica M. 103166 Housing Programs Aide PT 09/06/06 Hoyos, Oscar 08339 Detention Officer FT 12/20/06 Kurtz Sr., Walter A. 03589 Detention Officer FT 12/30/06 LaQuay, Josephine A. 51444 Redevelopment Project Manager III FT 12/29/06 Lawrence, Mary E. 104315 Program Leader 1 PT 09/04/06 Lopez, Dulce 104527 Police Services Dispatcher FT 09/12/06 Luna, Cynthia M. 104381 Senior Program Leader PT 09/04/06 Machander, Louis Neal 54216 Program Coordinator PT 12/30/06 Macias, Jose A. 104235 Janitor PT 09/08/06 Madrigal, Osiel R. 101504 Workforce Specialist II FT 12/08/06 Marquez, James 104392 Police Cadet PT 10/12/06 Martinez de Nguyen, Araceli 104424 Senior Clerical Aide PT 12/29/06 Martinez, Diana 1. 104639 Senior Administrative Intern PT 09/21/06 Mazariegos, Adam 103190 Program Leader II PT 09/02/06 Mott, Alison 104390 Zoo Keeper Aide FT 10/26/06 Moyer, Loren D. 58655 Fire Captain FT 12/11/06 Navarro, Rosalva 104510 Engineering Intern PT 09/13/06 Perez, Julio C. 104588 lProgram Leader I PT 10/25/06 19C -6 Attachment to February 6, 2012 Obsolete Records Destruction Schedule Listing To be Purged after December 31, 2011 FT Employee PT Separation [Name Number Classification PTCS Date Perez, Raul 09102 Police Evidence and Supply Specialist FT 11/24/06 Perez, Thomas E. 09824 Senior Civil Engineer FT 12/01/06 Rios, Oscar E. 104692 Program Leader I PT 10/25/06 Roys, Joyce 104333 Clerical Aide PT 12/14/06 Sandoval Jr., Ray 01220 Senior Program Leader PT 11/04/06 Thomas, Robert C. 104569 Firefighter (Probationary) FT 10/17/06 Trujillo, Martin 104693 Program Leader I PT 11/21/06 Tuason, Jeffrey C. 104229 Engineering Intern PT 12/08/06 Vasquez, Melissa D. 10806 Correctional Records Specialist FT 11/01/06 Whitaker, Patricia C. 00286 Executive Director of Community Dev (EM) FT 12/30/06 Yarbrough, Kenneth R. 96845 Utility Inspector FT 12/29/06 19C -7 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES ENROLLMENT Dental Insurance Employee dental insurance enrollment forms" EE Separated FORMS December 2006 and (OFFICIAL) prior Flexible Spending, Enrollment forms for flexible spending program" EE Separated Section 125 December 2006 and prior Life Insurance Employee life insurance enrollment forms *" EE Separated December 2006 and prior Long -Term Employee Long -Term Disability Insurance EE Separated Disability enrollment forms" December 2006 and Insurance prior Medical Insurance Employee medical insurance enrollment forms" EE Separated December 2006 and prior EQUAL Employment and Personnel and employment records, including EE Separated EMPLOYMENT personnel records application forms`, records pertaining to December 2006 and OPPORTUNITY promotions", layoffs" *, terminations", salaries *" prior COMMISSION and training* (EEOC) Involuntary Personnel records of terminated employee "* EE Separated termination December 2006 and prior OFFICIAL Certification/ Request for Certification and /or reassignment EE Separated PERSONNEL Reassignment forms which document and authorize hiring, December 2006 and FILES Forms reassignment, or other employee actions. ** prior Certificates of Certificates issued to EE which show completion EE Separated Training date of training class(es).* December 2006 and prior Commendation Letters of commendation and /or other EE Separated Letters congratulatory documents received by and /or December 2006 and issued to EE.* prior Disciplinary Memorandums, letters, or other records of EE Separated Actions proposed and /or implemented disciplinary December 2006 and action(s). ** prior Doctor's Notes/ Notes /medical release forms, etc., submitted EE Separated Medical Releases regarding employee's medical condition. ** December 2006 and prior Drug Screen Test Pre - placement and drug screening authorization EE Separated and acknowledgement form(s) and results of December 2006 and drug screening. *" prior 19C -8 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Family and Basic employee data (name, address, class title, EE Separated PERSONNEL Medical Leave pay rate, hours worked per pay period; additions December 2006 and FILES (FML) to or deductions from wages). Dates (or hours) prior FML designated/ taken; FML notices given to employer by employee; documents from employer describing FML policies; records of premium payments of employee benefits; records of any disputed confidential files: records /documents relating to medical certifications." Job Application Applications for employment and resumes (if any) EE Separated for hired employees.* December 2006 and prior Medical Leave of Leave of Absence forms used in the EE Separated Absences" documentation of medical leave (including December 2006 and pregnancy leave and Family and Medical prior Leave). ** Miscellaneous Documents not specifically mentioned but kept in EE Separated Documents official personnel file.`** December 2006 and prior Notice of Form completed by employee and /or department EE Separated Separation indicating effective date of separation, last day on December 2006 and the job, reason for separation, etc. ** prior Oath of Office Form completed and signed by employee EE Separated affirming allegiance to the Constitution of the December 2006 and United States and the Constitution of the State of prior California.* Outside Form submitted by employee for approval for EE Separated Employment employee to be engaged in outside employment.* December 2006 and prior Performance Employee performance evaluation forms EE Separated Evaluations completed by supervisory personnel re December 2006 and employees' accomplishment of their assigned prior duties and responsibilities, etc.* PERS Enrollment Forms to enroll employees in the Public EE Separated Employees' Retirement System (PERS) ** December 2006 and prior Pre - Employment Forms completed by employee and medical clinic EE Separated Medical to assess physical capability of employee prior to December 2006 and hiring. ** prior Security Check Form completed by Personnel Svcs to request EE Separated Form Police Dept to conduct security check on December 2006 and employee prior to hiring.* prior Special Licenses Special licenses issued to employees from DMV, EE Separated accredited schools, etc., verifying employee December 2006 and meets certain job - related requirements.* prior 19C -9 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES Tuition Copies of applications for training and EE Separated Reimbursement educational assistance which show EE request, December 2006 and Request department head approval, and final disposition prior of request.* OFFICIAL Union Bank Form signed by employee authorizing leave hours EE Separated PERSONNEL Donation Form be donated to the Union Business Leave Bank to December 2006 and FILES be used by union leaders for Union Business.* prior W -4 form Employee's Withholding Allowance Certificate EE Separated completed by EE authorizing employer to withhold December 2006 and Federal income tax from employee's pay and /or prior for indicating exemption. ** Please see attached spreadsheet, dated December 31, 2011, listing personnel files to be purged /digitally imaged. * Will be purged ** Will be digitally imaged * ** If non - medical records, will be purged; if medical records, will be digitally imaged. PREPARED BY: CONSENT BY: Rosa Flores for Date Edward Raya Executive Director of Personnel Services RECORDS DESTROYED: Number of Boxes 19C -10 E ward Raya Date Executive Director of Personnel Services APPROVED BY: Aoseqf(Straka Interim City Attorney Date / 4;/)/,, MEMORANDUM Laura Sheedy To: Assistant City Attorney Date: January 17, 2012 Martha Ramirez From: Commission Secretary Subject: REQUEST FOR DESTRUCTION OF RECORDS The Planning and Building Agency requests consent to destroy city records on the attached listing, in accordance with the retention schedule outlined by City Council Resolution No. 2006 -045. Thank you, Martha Ramirez 01/17/2012 Commission Secretary 19C -11 „aJ 7 iv J y . Trevino, AICP 0 Q 7/2012 E cutive Director, Planning and Building Agency CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PLANNING & BUILDING AGENCY — PLANNING DEPARMENT 2012 RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES CORRESPONDENCE Incoming General Planning Commission and Historic 2008 and Correspondence Resources Commission Prior APPLICATIONS: Development Review Members of a committee representing all 2007 city agencies coordinate site plan review comments Sign Program Mechanism to insure the coordination of 2008 and • Temporary Sign signage within a development site Prior Permits PREPARED BY: Martha am rz - ----; January 17, 2012 Commission Secretary RECORDS DESTROYED: Three Number of Boxes 19C -12 CONSENT BY: Jay Trckino January 17, 2012 Executive Director, Planning & Building Agency Ci APPROVED BY: DACE: REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 6, 2012 TITLE: QUARTERLY REPORT OF INVESTMENTS AS OF DECEMBER 31, 2011 CITY MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. These requirements, which became effective on January 1, 1996, mandate that a statement outlining the ability of both the City and the Redevelopment Agency to meet the budgeted expenditures for the subsequent six months be submitted to the City Council on a quarterly basis. The legislation dictates that this quarterly report contain the seven major elements listed below: • Type of investments, • Date of maturity, • Par and dollar amounts invested in each security, • Weighted average maturity of the investments, • Market value as of the date of the report, • Source of the market value information, and • Any funds, investments or programs, including loans, under the management of contracted parties. State statutes require that a quarterly report be presented at a Council meeting; however, our office continues to provide this information monthly. The information is in compliance with State law and the City's Investment Policy. The attached report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City and Redevelopment Agency as of December 31, 2011. 19D -1 Quarterly Report of Investments February 6, 2012 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibit 1 Treasurer's Report WO]!A Quarterly Report of Investments February 6, 2012 Page 2 CITY OF SANTA ANA TREASURER'S REPORT as of December 31, 2011 EXHIBIT 1 lt'] e{i r a E E ''C C ''=^ co VI 0 0 � 5.2 .p E c� ^0 CL CL U_ i A C� E ,O.2 e YO•. O IL Y d 0:3 m> > co M Lo O T O M N M co O co O O O - G O C r r V I (o Un O r- 0 M M p N fD O N p Mc V (0 n C V O r V M O M C (n0 O (NO n w V O m M 0 0 M � O) N M M co M co li N O M O) CO N m A 01 7 001 n O �- ' n N d N = 0 n O aD N > (O rn o c cOp M Ui v of > (`OO rMi °o o b C V 01 u1 P7 a m OD o N n n 0 10 M M LQ T co O M (O M O N N E w 0 In M w m M Oi CD y O ` N M A 01 7 001 n O �- ' n N d N Q N E (j C N O j pp > 0 cn rn o c cOp M O U (0 C O) co t0 O (n0 C V 01 u1 P7 a m OD O M N co n 0 10 M M p C O N M .4 c m E d c N N C � C O o U v LL Q N E (j C N O j N > O U c i> a r O U (0 C O LL a 75rnaN) o E > a m 0 0 u. 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DISCUSSION The Public Works Agency (PWA) oversees the right -of -way (ROW) acquisition for a variety of street widening projects included in the Capital Improvement Program (CIP). Several CIP street widening projects are underway, including two phases of Bristol Street and Grand Avenue. Acquisition, relocation, and other ROW - related services are provided by professional consultants specializing in those fields. The PWA has contracted with these firms annually to provide the City with assistance in obtaining the necessary ROW for various street widening projects. Demolition services are needed to remove structures and site improvements to make them ready for construction. The demolition contract will expire shortly and the PWA needs to issue a Request for Proposals (RFP) to qualified firms in the demolition services specialty area in order to maintain project schedules and to meet State funding requirements for the Bristol Street Widening Project: 3rd to Civic Center (Phase II). Staff is requesting City Council approval to issue a Request for Proposals (Exhibit 1) to qualified consulting firms, soliciting proposals to provide the required services. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 19E -1 Request for Proposals For Demolition Services For CIP Projects February 6, 2012 Page 2 FISCAL IMPACT There is no fiscal impact associated with seeking proposals. Raul Godinez II Executive Director Public Works Agency RG /J P Exhibit: 1. Request for Proposal for Demolition Services 19E -2 REQUEST FOR PROPOSALS FOR DEMOLITION SERVICES CITY OF SANTA ANA PUBLIC WORKS DEPARTMENT 20 CIVIC CENTER PLAZA M -36 SANTA ANA, CALIFORNIA 92701 Due Date and Time: February 22, 2012 Before 5:00 p.m. Proposal Submittal: Proposals must be submitted to the City of Santa Ana, Public Works Department, Attn: Jason Gabriel, Principal Civil Engineer, per the Submittal Instructions Section of this RFP. ALL PROPOSALS MUST BE RECEIVED BEFORE 5:00 PM February 22, 2012. NO LATE PROPOSALS WILL BE ACCEPTED. The City of Santa Ana reserves the right to reject any or all Proposals, to waive any informality in any Proposal, and to select the Proposals that best meet the City's needs. 19E -3 TABLE OF CONTENTS ITEM GE Tableof Contents ............................................................................................... ..............................2 Introduction& Background ............................................................................... ..............................3 SubmittalRequirements ..................................................................................... ..............................4 References......................................................................................................... ............................... 6 CertificationForm ............................................................................................. ..............................7 SubmittalInstructions ....................................................................................... ............................... 7 ConsultantSelection .......................................................................................... ..............................7 EvaluationProcedure ......................................................................................... ..............................8 Award................................................................................................................ ..............................8 GeneralInformation .......................................................................................... ............................... 9 The City's Affirmative Action Program ............................................................ ..............................9 InsuranceRequirements ..................................................................................... ..............................9 Professional Consulting Services Agreement .................................................... ..............................9 Coordination...................................................................................................... ..............................9 Rightto Reject Proposals ................................................................................... ..............................9 TentativeSchedule ............................................................................................ .............................10 Prime Consultant Responsibilities .................................................................... .............................10 Delays............................................................................................................... .............................10 ProjectControl .................................................................................................. .............................10 Rulesfor Proposals ........................................................................................... .............................10 Methodof Payment ........................................................................................... .............................10 Regulations....................................................................................................... .............................10 ATTACHMENTS Attachment1 Scope of Work ........................................................................... .............................11 Attachment 2 Demolition Services Consultant Comparison Form .................. .............................13 Attachment 3 Demolition Services Designation of Subcontractors Form ........ .............................16 Attachment 4 Demolition Services Consultant Experience Form .................... .............................17 Attachment 5 Sample Agreement for Professional Consulting Services ......... .............................18 Attachment 6 Certification of Non - Discrimination by Consultants ................. .............................25 Attachment 7 Certificate of Liability Insurance and Additional Insured Endorsement ................26 Page 2 of 27 19E -4 REQUEST FOR PROPOSALS (RFP) FOR DEMOLITION SERVICES INTRODUCTION AND BACKGROUND The City of Santa Ana is soliciting proposals from professional consulting firms to provide Demolition Services required for various Public Works Road Projects. The City of Santa Ana is planning various road widening and intersection projects on an as- needed basis. These projects include, but are not limited to: various phases of the Bristol Street Widening Project and the Grand Ave Widening Project from First St to Fourth St. From the proposals received, it is the City's goal to select one or two firms for these services. The actual number of consultants to be selected will depend on the availability of qualified firms, evidenced by the proposal process. The City will enter into separate agreements with each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints. The fee and a detailed scope of work will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City's interests. Other Requirements In addition to the requirements set forth in the City's Sample Agreement for Professional Services, there may be other requirements imposed on a per project basis, especially for certain federally funded projects. Any such City requirement shall be provided to Consultant prior to obtaining a proposal for such a project. The City of Santa Ana's Sample Agreement for Professional Services is included herein as ATTACHMENT 5. The initial agreement term will be three (3) years, plus two (2) one -year option terms for a total of up to five (5) years. The City intends to award multiple contracts from this solicitation. Services will be performed under separate Contract Task Orders (CTO) issued following contract award. Within the general Scope of Work shown in ATTACHMENT 1, the City will, at its sole discretion, issue CTO's for specific tasks. CTO award will be based upon factors such as (1) experience in and understanding of the task, (2) capacity of the firm to perform the CTO work within the required time frame given on -going commitments to other work, (3) reasonableness and affordability of the price. There is no guarantee that any firm awarded a contract will receive a minimum amount of work through CTO's. Prevailing Wages CTO's issued under the Agreements awarded from this RFP may be funded under a financial assistance contract by the U.S. Department of Transportation, and as such will be subject to all conditions of the Davis -Bacon Act (40 U.S.C. 276a) and the Labor Code of the State of California commencing in Section 1770 et. seq. It is required that all mechanics, laborers and technicians subject to prevailing wages in their performance of services under the Agreements be paid not less than the current basic hourly rates of pay and fringe benefits. Page 3 of 27 19E -5 Wage schedules are available at the City's Offices or on the internet at: • www.dir.ca..qov /DLSR /statistics research.html • http: / /www.wdol.gov /dba.aspx#0 Consultants shall utilize the relevant prevailing wage determinations in effect on the date the CTO proposal request was received. In the event there are any differences between the minimum wage rates as determined by the United States Secretary of Labor and those determined by the State of California, the highest rate must be paid. SUBMITTAL REQUIREMENTS This Request for Proposals is intended to assess each Consultant's general capabilities as they would apply to the City of Santa Ana and to evaluate specific responses to each Specialty Area and the expected scope of work. In order to maintain uniformity with all proposals furnished by Consultants, it is hereby requested the proposals be limited to a maximum of 30 pages (excluding front and back covers, section dividers, resumes and required forms). Proposals shall be typed with a standard 12 point font, double spaced and submitted on 8'/2" X 11" paper using a single method of fastening. Charts and schedules may be included in 11" X 17" format. Consultant must address each of the following items in their response to this RFP: 1. Technical Proposal a. Qualifications, Related Experience and References of Consultant This section of the proposal should establish the ability of Consultant to satisfactorily perform the required work by reasons of: experience in performing work of a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client references. The Consultant shall: (1) Provide a brief profile of the firm, including the types of services offered; the year founded, form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; and number of employees. (2) Provide a general description of the firm's financial condition and identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, impending merger) that may impede Consultant's ability to complete the project. (3) Describe the firm's experience in performing work of a similar nature to that solicited in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to this project. Describe experience in working with the various government agencies identified in this RFP. (4) Identify subcontractors by company name, address, contact person, telephone number and project function. Describe Consultant's experience working with each subcontractor. Page 4 of 27 19E -6 (5) Provide as a minimum three (3) references for the projects cited as related experience, and furnish the name, title, address and telephone number of the person(s) at the client organization who is most knowledgeable about the work performed. Consultant may also supply references from other work not cited in this section as related experience (See ATTACHMENT 3). b. Proposed Staffing and Project Organization This section of the proposal should establish the method, which will be used by the Consultant to manage the project as well as identify key personnel assigned. The Consultant shall: (1) Provide education, experience, and applicable professional credentials of project staff. (2) Furnish brief resumes (not more than two [2] pages each) for the proposed Project Manager and other key personnel. (3) Indicate adequacy of labor resources utilizing a table projecting the labor -hour allocation to the project by individual task. (4) Identify key personnel proposed to perform the work in the specified tasks and include major areas of subcontract work. Include the person's name, current location, proposed position for this project, current assignment, level of commitment to that assignment, availability for this assignment and how long each person has been with the firm. (5) Include a project organization chart, which clearly delineates communication /reporting relationships among the project staff. (6) Include a statement that key personnel will be available to the extent proposed for the duration of the project acknowledging that no person designated as "key" to the project shall be removed or replaced without the prior written concurrence of the City. c. Work Plan Consultant should provide a narrative, which addresses the Scope of Work, and shows Consultant's understanding of City's needs and requirements. The Consultant shall: (1) Describe the approach to completing the tasks specified in the Scope of Work. The work plan shall be of such detail to demonstrate the Consultants ability to accomplish the project objectives. (2) Outline sequentially the activities that would be undertaken in completing the Page 5 of 27 19E -7 tasks and specify who would perform them. (3) Furnish a project schedule for completing the tasks in terms of elapsed weeks from the project commencement date. (4) Identify methods that Consultant will use to ensure quality control as well as budget and schedule control for the project. (5) Identify any special issues or problems that are likely to be encountered in this project and how the Consultant would propose to address them. (6) Consultant is encouraged to propose enhancements or procedural or technical innovations to the Scope of Work that do not materialy deviate from the objectives or required content of the project. d. Exceptions /Deviations State any exceptions to or deviations from the requirements of this RFP, segregating "technical" exceptions from "contractual" exceptions. Where Consultant wishes to propose alternative approaches to meeting the City's technical or contractual requirements, these should be thoroughly explained. If no contractual exceptions are noted, Consultant will be deemed to have accepted the contract requirements as set forth in ATTACHMENT 5. e. Cost and Price Proposal As part of the cost and price proposal, the Consultant shall submit Demolition Services Consultant Comparison Form (ATTACHMENT 2), to provide the services for the subject property task described. Consultant shall complete Demolition Services Designation of Subcontractors Form (ATTACHMENT 3) and shall complete the Demolition Services Experience Form (ATTACHMENT 4) included with this RFP, and furnish any narrative required to explain the prices quoted in the schedules. The Agreement will have a per work order type of payment provision. The consultant shall submit a total project cost in response to individual project scope of work. Each Total Project Cost will have an estimated price, and the consultant shall exercise due diligence to perform its work within the estimated price. 2. Appendices Information considered by Consultant to be pertinent to this project and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Consultants are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials. Appendices should be relevant and brief. REFERENCES Provide a minimum of three (3) references for similar projects performed only within the past Page 6 of 27 i'' =21001 five (5) years. Include the project cost and year of completion, along with the client's name, address, phone number and email address. Rank them in order according to their similarity to the City of Santa Ana Public Works Department Projects and your understanding of the general scope of work. Describe the project or type of work provided for each reference. CERTIFICATION FORM Complete and include the Certification of Non - Discrimination by Consultants form (ATTACHMENT 6) with your proposal. SUBMITTAL INSTRUCTIONS Submit five (5) bound copies of your proposal signed by a company official with the power to bind the company in its proposal before 5:00 PM on or before February 22, 2012. Proposals must be clearly and submitted to: City of Santa Ana, Public Works Department Attn: Jason Gabriel, Principal Civil Engineer 20 Civic Center Plaza M -36 Santa Ana, CA 92701 CONSULTANT SELECTION The response to this Request for Proposal shall contain documentation of Consultant's credentials and expertise pertaining to your specialty in this field. Substantial consideration will be given to Consultants with demonstrable and documented experience in similar work. Proposals will be evaluated on the basis of the qualifications, abilities, and responsiveness of the proposing Consultant. The City of Santa Ana has established a Consultant Selection Committee to evaluate Consultant's proposals. The evaluation of each proposal will be based on technical criteria and qualifications listed within the RFP, reference checks, and other information which will be gathered independently. The following general selection criteria will be used to evaluate each consultant firm: 1. Qualifications of the Firm —30% Technical experience in performing work of a closely similar nature; experience working with public agencies; strength and stability of the firm; strength, stability experience and technical competence of subcontractors; assessment by client references. 2. Staffing & Project Organization — 30% Qualifications of project staff, particularly key personnel and especially the Project Manager; key personnel's level of involvement in performing related work cited in "Qualifications of the Firm" section; logic of project organization; adequacy of labor Page 7 of 27 19E -9 commitment; concurrence in the restrictions on changes in key personnel. 3. Work Plan — 20% Depth of Consultant's understanding of City's requirements and overall quality of work plan, logic, clarity and specificity of work plan; appropriateness of labor distribution among the tasks; ability to meet the project deadline; reasonableness of proposed schedule; utility of suggested technical or procedural innovations. 4. Cost and Price — 20% Reasonableness and affordability of the proposed hourly rates and other direct costs compared with other offers received. Adequacy of data in support of figures quoted; reasonableness of individual task budgets; basis on which prices are quoted. EVALUATION PROCEDURE An evaluation committee will be appointed to review all proposals received for this RFP. The committee is comprised of City staff and may include outside personnel. The committee members will evaluate the written proposals using criteria identified in Consultant Selection above. A list of top ranked proposals, firms within a competitive range, will be developed based upon averaging of the committee members' scores for each proposal. During the evaluation period, the City may interview some or all of the proposing firms. At any time during the evaluation process, and before or after selection for award, the City may negotiate contract terms with some or all Consultants, and expressly reserves the right to negotiate with several Consultants simultaneously, and thereafter to award a contract to the Consultant or Consultants presenting the most favorable terms to the City. Consultants may also be asked to submit a Best and Final Offer (BAFO). The BAFO will include, but not necessarily be limited to, additional information, confirmation or clarification of issues, and submission of a final cost/price proposal. At the conclusion of the evaluation process, the evaluation committee will recommend to the appropriate Board Committee, the Consultant with the highest final ranking or a short list of top ranked Consultants within the competitive range The Board Committee will review the evaluation committee's recommendation and forward its decision to the full Board of Directors for final action. AWARD The City Council will consider the recommendation of staff and may approve contract award or modify the recommendation. The City reserves the right to award its total requirements to one Consultant or to apportion those requirements among several Consultants as the City may deem to be in its besl interest. In addition, negotiations may or may not be conducted with Consultants; therefore, the proposal submitted should contain the Consultant's most favorable terms and conditions, since the selection and award may be made without discussion with any Consultant. Page 8 of 27 19E -10 GENERAL INFORMATION The City of Santa Ana reserves the right to reject any or all Proposals, to waive any informality in any Proposal, and to select the Proposals that best meet the City's needs. THE CITY'S AFFIRMATIVE ACTION PROGRAM It is the policy of the City of Santa Ana to ensure that minority, women, and other disadvantaged and small businesses can fairly compete for and perform on all the City of Santa Ana's contracts and subcontracts. In accordance with the City of Santa Ana's Federal financial assistance agreements with the U.S. Department of Transportation and Caltrans, the City of Santa Ana will comply with Title 49 CFR Part 26; Participation by Disadvantaged Business Enterprises in Department of Transportation Programs. Please complete the Certification of Non - Discrimination by Consultants Form (included herein as ATTACHMENT 6), and submit as an attachment with each of your proposals. Further DBE requirements may be provided to consultants on a per project basis for applicable projects. INSURANCE REQUIREMENTS A Certificate of Liability Insurance and Additional Insured Endorsement for Commercial General Liability Policy Forms are enclosed for your reference as ATTACHMENT 7. Please refer to the Sample Agreement for Professional Services (ATTACHMENT 5) for the necessary amounts of general liability, automotive, worker's compensation and professional liability insurance. The certificate shall include the City and its officers and employees as insured or additional insured. PROFESSIONAL CONSULTING SERVICES AGREEMENT A Sample Agreement for Professional Services is enclosed for your review, as ATTACHMENT 5. The RFP and the Consultant's proposal will be attached and become part of the agreement as exhibits. Be prepared when submitting a proposal to approve the Sample Agreement for Professional Services in this Request for Proposals COORDINATION The City will decide the manner in which the coordination of individual matters is undertaken. At the City's option, coordination efforts may be performed by the Consultant's direct contact, by the Consultant acting through the City or by the City only. When coordination efforts require agreements, such agreements shall be coordinated through the City. RIGHT TO REJECT PROPOSALS City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. All costs incurred in the preparation of the proposal, the submission of additional information and /or any aspect of a proposal prior to award of a written contract will be borne by the Page 9 of 27 19E -11 respondent. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any cost or obligation of any kind, which may be incurred by the respondent. All proposals submitted to City shall become property of the City. TENTATIVE SCHEDULE The City's tentative schedule for this RFP is as follows: Proposal due February 22, 2012 Estimated Contract Award March 19, 2012 PRIME CONSULTANT RESPONSIBLITIES The selected Consultant will be required to assume responsibilities for all services in his /her proposal. The selected Consultant will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the Agreement. DELAYS The City reserves the right to delay schedule dates if it is to the advantage of the City of Santa Ana. PROJECT CONTROL Control of the project shall remain the total responsibility of the City of Santa Ana RULES FOR PROPOSALS The signer of the proposal must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the principal proposer. METHOD OF PAYMENT The Consultant shall submit a monthly invoice to the City for the services rendered in that month. The invoice shall include a detailed breakdown of the services, the project title, the tasks, the hours, and hourly rates. REGULATIONS The selected Consultant shall be expected to comply with all applicable federal, state, city regulations, and contract provisions. Page 10 of 27 19E -12 SCOPE OF WORK DEMOLITION: ATTACHMENT 1 Contractor is responsible for the payment of all applicable permits required by the City of Santa Ana. Contractor is responsible for demolishing all improvements, including but not limited to: foundations and footings, slabs, basement, detached garage and all landscaping. Contractor is also responsible for clearing the site, grading the parcel for drainage, importing and exporting fill dirt as needed, capping all sewer lines, and compacting to 90% density. All work is to be done in accordance with all applicable federal, state and local regulations, standards and codes governing demolition and any other trade work done in conjunction with the demolition. Copies of all demolition permits, sewer cap inspection approval and a letter of completion should be submitted for City's files prior to the Contractor receiving payment. The Contractor shall supply all necessary labor, materials, services, insurance, permits, and equipment to carry out the work in accordance with all applicable federal, state, and local regulations. The Contractor at all times shall keep the Project site free from accumulation of waste materials or rubbish caused by the Contractor's operations. At the completion of each trade of the work, and at final completion prior to contractor submitting the final invoice, Contractor shall remove all waste materials, and rubbish from and about the project as well as tools, construction equipment, machinery, and surplus materials. Asbestos Abatement: The work described herein consists of removal and disposal of ALL asbestos containing materials (ACM - friable or nonfriable) and subsequent cleaning of the sites in accordance with all applicable federal, state and local regulations, standards and codes governing asbestos and any other trade work done in conjunction with the abatement. Results of any testing that identify asbestos containing materials will be provided by the City. It is the responsibility of the Consultant to determine if any additional asbestos removal is required in addition to the surveys. Lead: The provided report indicates that lead was not detected at concentrations in excess of 600 parts per million (ppm) in any of the samples collected. However, the Contractor shall take all necessary precautions and follow all OSHA's guidelines required in the handling of lead contained materials if any are detected. Please refer to the Lead Hazard Evaluation Report. Copies of all notifications must be submitted to City including, abatement contractors license, map and /or clear documentation specifying asbestos containing materials abated; completed waste manifests; and a completion letter indicating that all asbestos containing materials from these properties have been abated and properties are ready to be demolished. Page 11 of 27 19E -13 Rat and/or Vermin Abatement: Contractor, prior to performing demolition, is responsible for providing rat and /or vermin abatement. Written certification stating that such work was performed, and that the structures were free of infestation prior the demolition taking place will need to be provided to our office as part of the demolition completion package. Page 12 of 27 19E -14 ATTACHMENT 2 DEMOLITION SERVICES CONSULTANT COMPARISON FORM Consultant shall complete this form and include it along with the Designation of Subcontractors Form (Attachment 2) and Experience Form (Attachment 3) described below in a sealed fee envelope. This comparison is based upon demolition services required for the subject project site described below. This form will be used for fee comparison purposes only. SUBJECT PROJECT SITE DESCRIPTION: 828 N. Bristol Street: A two story commercial structure. Contractor is responsible for demolishing all improvements, including but not limited to: foundations and footings, slabs, basement, detached garage and all landscaping. Contractor is also responsible for clearing the site, grading the parcel for drainage, importing and exporting fill dirt as needed, capping all sewer lines, and compacting to 90% density. Please refer to the Exhibit 1 attached for site reference. Price provided below shall be an all - inclusive price and shall include all items listed and cover all items or work identified above to deliver a clear site with no remaining improvements. Item Description Tntni ('nct Permitting * $ 1,500 Engineering $ Site Fencing $ Canopy BMP's /Erosion Control Plan $ Asbestos /Hazardous Abatement * $ 25,000 Interior Demolition $ Exterior Wall/Building/Foundation Demolition $ Sitework Demolition $ Total Price $ * Assumed Prices of Asbestos /Hazardous Abatement and Permitting Costs Page 13 of 27 19E -15 Exhibit 1 Page 14 of 27 19E -16 Exhibit 1 Page 15 of 27 19E -17 ATTACHMENT 3 DEMOLITION SERVICES DESIGNATION OF SUBCONTRACTORS FORM PART I — LIST OF KEY PERSONNEL Names Functions PART II — LIST OF SUBCONSULTANT /SUBCONTRACTORS Subcontractor Name /Address I Function Page 16 of 27 19E -18 ATTACHMENT 4 DEMOLITION SERVICES CONSULTANT EXPERIENCE FORM Number of years as a contractor in projects of this type: List of last three contracts performed which show experiences in work of a nature similar to that covered in this proposal. If none, so indicate. Title or Description of Work Date Completed Contract Amount 1. 2. 3 Name, Address, and Telephone No. Of Agencies Who Awarded Contracts and Contact Person: `1 2. 9 State of California Contractor's License No.: Contractor's License Expiration Date: Bidder's Name: 19E -19 Page 17 of 27 ATTACHMENT 5 SAMPLE AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES THIS AGREEMENT, made and entered into this day of , 2012 by and between (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of real estate appraisal services. B. Consultant represents that it is able and willing to provide a such services for Santa Ana. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide services, as set forth in Consultant's Proposal, attached hereto as Exhibit ( ) and incorporated by reference. 2. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether Page 18 of 27 19E -20 copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Consultant's Fee Schedule. The total sum to be expended under this Agreement shall not exceed $ during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. This Agreement shall commence on the date first written above and terminate on , unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Public Works and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. Page 19 of 27 19E -21 b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, Page 20 of 27 19E -22 restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 facsimile (714) 647 -6956 With courtesy copies to: Public Works — Design Engineering City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 and Santa Ana, California 92702 facsimile (714) 647 -5635 19E -23 Page 21 of 27 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647 -6515 To Consultant: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: Page 22 of 27 19E -24 a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 23 of 27 19E -25 N %// IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA PAUL WALTERS Interim City Manager CONSULTANT (NAME) (Title) 19E -26 Page 24 of 27 ATTACHMENT 6 CERTIFICATION OF NON - DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non - discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: 1. To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM NAME PRINTED NAME TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. Page 25 of 27 19E -27 ATTACHMENT 7 ACORD, CERTIFICATE OF LIABILITY INSURANCE o 13i I PJIDDIJm THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT*1CATE HOLDER. THIS CERTWICATE DOES NOT AMEND. EXTEND OR ALTER L INSURERS AFFORDING COVERAGE _ INSURER A: INSURER 8 INSURER D THE POLICIES OF NSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERT OD INDICATE 0. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE PO4JCIES DESCRIBED HEREIN IS SUSIECT TO ALL THE TERMS . EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BFFN RrrX R:FA IRV PAn (XA", -m TYRE OF POUNIAICE ►OL.ICY' LTD ICY EFFECTIVE POLICY W04MrON NUMNOT .. awwItAL LI"iIUTY x111111111 01!01/2001 0110112002 EACH OCCURRENCE s 1.00D,000 X_GO/MERCIAL GENERAL LWB0.ITY FIRE DAMAGE GnY Ina hro� 5 50,000 CLA+rtSMADE X' OCCUR MEUEAp oP6,PNS�n' S 5,000 PERSONAL A AOV I riY, s 1,000.000 - -. _GENERAL AGGREGATE 2,000,OD0 AOOREGATE LIMIT APPLZS PER i PRODUCTS •CONVOPAGG 5 �tnucyl 2,000,000 PRO. I L _..... AYTOMOMLE LlA01LITV X7?"7M? 01101!2001 01101/2002 : CCmlawcfl avcLC urA1T 1,000.000 ANY AUTO (Ee aLYaehtl ALL OWNED AUTOS BODILY 09JUW � 5c�mnEO,wras HIREDAUTOS - !OD'LYikdunv NON•OYMED AUTOS (Po, smdent) S PRO -eRTY ... _ — DAMAGE SEE ATTACHED ADDITIONAL (PQl AOOt1.fN; s UAIPLm -9A%Ad1E ANY AUTp AUTO ONLY - EA J4CGThENT '. S INSURED ENDORSEMENT AuF1ERTIFAR __, EA AC,C 5 AUTO ONLY AGO '.EACHOGCURRERCI 5 COVERAGES DEPEND ON TYPE AGGREGATE '' MM���� QQ�" F —I OCCUR 17 CLAIMS MADE I DEDUCTIBLE E OF AGREEMENT /CONTRACT 1- p. woNlmlatarremVIONAND XXX333333333 0110112001 011OU2002 x mrcSi"ums °c mmfto —ms' LkA/K7fY E.t._EACH ACCIDENT is I - - 1.000.000 ` EL pseAzL -EA EWLOYEE S _ _ 1.000.000 C.L. Y IHIT' 1,000.000 DTJNR (PLM4444 0110112001 0110112002 Each OccLrrerx* 1.000.000 Professorial Uadiiiy � 0EfCIOPTNIN OF OCRAYIOK WLOCAT1OWWENICL&1&XCLUt0XM ACC= HY iIOOgBL1EM M%CIAL FNOYNgIM CeMficate Holder is additional Msured per attached. Project No SHIM"ANY O DO Aat1W 0"CIMNEOPO MOW CANCELLEDOVOM THE E7PNATKm City of Santa Ana DATE THO160F, Tm NuLNNO NMM* WILL ENDEAVOR TO Lulu 30 DArS mwrm 70 Civic. (:Antes Plaza - Ross Annex (AM- ) NOnce TO THE CeITWEATE HOLIM NAJIED TO THE LUT. auT FAJLLME TO DO ED SHALL Santa Ana, CA 92701 NOVA MO ONUOATNIN OR UAaxRr OF MY LTNm UPON THE WOURI A. ITS AD&/TN OR MJTHOMM R7RIEWMATIVE 2" (7#V I) 19E -28 ■ D Page 26 of 27 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insured's ( "additional insured's") 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 insured's. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization -would have as a claimant if not so included. 4. With respect to the additional insured's, 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 Named Insured Countersigned by Authorized Representative 19E -29 this endorsement form as a part of Page 27 of 27 19E -30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 6, 2012 TITLE: APPROPRIATION ADJUSTMENT FOR DEPARTMENT OF LABOR TECHNICAL SKILLS TRAINING GRANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15i Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing $4,997,479 awarded to the City of Santa Ana, Santa Ana WORK Center by the Department of Labor, Employment and Training Administration for an H -1 B Technical Skills Training Grant. 2. Authorize the City Manager and Clerk of the Council to execute the attached grant agreement between the Department of Labor, Employment and Training Administration and the City of Santa Ana for the H -1 B Technical Skills Training Grant, subject to non - substantive changes by the City Manager and City Attorney. 3. Authorize the City Manager and Clerk of the Council to execute agreements with the following program operators for H -1B Technical Skills Training Grant funding for a total of $3,281,747 for the period of December 1, 2011 through November 30, 2015, subject to non - substantive changes by the City Manager and City Attorney: a. Santa Ana College to provide recruitment, pre- engineering math courses, curriculum development, student assessment, counseling, mentoring, and tutoring in the amount of $784,450; b. Saddleback College to provide recruitment, pre- engineering math courses, curriculum development, student assessment, counseling, mentoring, and tutoring in the amount of $763,854; c. University of California Irvine to provide recruitment, academic counseling, mentoring, support, career exploration, and internship development in the amount of $226,500; d. California State University Fullerton to provide curriculum development, academic counseling, internship development, and field trips in the amount of $141,380; 20A -1 AA - DOL Technical Skills Training Grant February 6, 2012 Page 2 e. Canada College to provide curriculum design assistance and technical assistance in the amount of $67,573; f. Growth Sector to provide coordination of curriculum development, project management, student support, and internship development in the amount of $951,390; g. Rapid Tech to provide software, recruiting of industry partners, internship development, and a summer engineering institute program in the amount of $316,600; h. OCTANe to provide On- the -Job Training development in the amount of $30,000. DISCUSSION In May of 2011, the Department of Labor announced the availability of approximately $240 million in funds for an H -1 B Technical Skills Training Grants program authorized by the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA). Funding for the grant comes from user fees paid by businesses bringing in foreign workers into the United States with H -1 B nonimmigrant visas. The grant program is designed to provide education, training, and job placement assistance for United States residents in the occupations and industries for which employers are using H-113 visas to hire foreign workers. Grants were made available to partnerships of private and public sector organizations, which included: business - related non - profit organizations, educational institutions, community colleges, community -based organizations, and organizations experienced in administering the Workforce Investment Act of 1998 (WIA). The Department of Labor awarded the City of Santa Ana, Santa Ana WORK Center (SAWC) $4,997,479 to fund its Bridge to Engineering Program. The intent of the program is to provide academic and peer support to pre- engineering students as they work their way toward an engineering degree. The program will recruit students from Santa Ana's High School Inc. Engineering Academy, local high school S.T.E.M. (Science Technology Engineering Math) programs, Santa Ana College, and long term unemployed individuals. Participants will be guided through a four -year engineering program with intensive academic support and placed in On- The -Job Training paid internships with Santa Ana employers and other local companies. The SAWC is part of a multi- agency consortium composed of three community colleges, including Santa Ana College; three business - related non - profits; and three universities, including California State University Fullerton and the University of California at Irvine. The project will establish a structure at both the community college and university levels that will increase the participation of AA - DOL Technical Skills Training Grant February 6, 2012 Page 3 underrepresented minorities and women in engineering and increase the supply of qualified engineers in Orange County. The program design will include a special focus on math skills and On the Job Training. The SAWC will serve as the contractual and administrative lead agency and be responsible for fiscal management, subcontracting, and grant reporting. It will also recruit, enroll and provide support for program participants. The project will serve 290 people over a four -year period starting from November 2011 to November 2015. Subcontracts with Santa Ana College, Saddleback Community College, Canada College, University of California Irvine, California State University Fullerton, Rapid Tech, Growth Sector, and OCTANe, will total $3,281,747. FISCAL IMPACT Upon approval of the appropriation adjustment, funds will be available in the DOL Bridge to Engineering account (no. 13218744 - various). APPROVED AS TO FUNDS AND ACCOUNTS: �1 �%r ► c I)a_cL1 Nancy T. E ards Francisco Gutierrez Interim Ex tive Director Executive Director Community Development Agency Finance & Management Services Agency NTE /LAO /cd /sv Exhibits: 1. DOL H -1 B Technical Skills Training Grant Agreement 2. Sub - contractor Agreement Template al . IMP OYMENTiANDOTRAINING ADMINISTRATION I A OTlFICCATf0NAOFH 1 Under the authority of the Workforce investment.Act, this grant or agreement is entered into between the above named Grantor Agency and the following named Awardee, for a project entitled - H -18 Technical Skills Tralning Grants. Name & Address of Awardee: Agreement #: HG- 22593- 12 -W -A -b CITY OF SANTA ANA WORK CFDA #: 17.268 A90310- 410023- Code: CENTER Accounting TA -DEFAULT TASK- ETA- E 1000 E. SANTA ANA Mod Amount: $4,997,479.00 BOULEVARD, SUITE 200 EIN: 956000785 SANTA ANA., CALIFORNIA DUNS #: 083153247 097n4 The Period of Performance shall be from November 14, 2011 thru November 30, 2015. Total Government's Financial Obligation is $4,997,479.00 (unless other wise amended). Payments will be made under the Payments Management System, and can be automatically drawn down by the awardee on an as needed basis covering a forty -eight (48) hour period. In performing its responsibilities under this grant agreement, the awardee hereby certifies and assures that it will fully comply with the following regulations and cost principles, including any subsequent amendments: Uniform Administrative Requirements: 29 CFR Part 97, for State /Local Governments and Indian Tribes; OR 29 bFR Part 95, for Institutions of Higher Education, Hospitals and other Non - Profit Organizations and Commercial Organizations. Cost Princlples: OMB Circular A -87, for State /Local Governments and Indian Tribes; OMB Circular A -21, for Institutions of Higher Education; OR OMB Circular A -122, for Non - Profit Organizations. 48 CFR Part 31. Other Requirements (As Applicable): 29 CFR Part 96 and 99, Single Audit Act 29 CFR Part 93, Lobbying Certification 29 CFR Part 37, Nondiscrimination and Equal Opportunity Requirements 29 CFR Part 98, Debarment and Suspension; Drug Free Workplace 20 CFR Part 652 et al., Workforce Investment Act Wagner - Peyser Act Grant Award Document, Parts I through IV, and attachments. The awardee's signature below certifies full compliance with all terms and conditions as well as the above statea grant regulations- and certifications, and that this document has not been altered. Signature of Approving Official - AWARDEE See :I 24 for Signature (Type Name and Title) Signature of Approving Official - DOL /ETA B JAI JOHNSON--November 09, 2011 Grant Officer EXHIBIT 1 20A -5 / OMB Number: 4040 -0004 Expiration Date: 03131/2012 Application for Federal Assistance SF -424 * 1. Type of Submission: Preapplication ® Application Changed /Corrected Application * 2. Type of Application: * If Revision, select appropriate letter(s): ® New E].Continuation * Other (specify): Revision * 3. Date Received: 4. Applicant Identifier:. 06/02/20» Federal Entity identifier: 5b. Federal Award Identifier: j(5a. I State Use Only: 6• Date Received by State: E== 7. State Application Identifier: 8. APPLICANT INFORMATION: a. Legal Name: City of Santa Ana " b. Employerrraxpayer Identification Number (EINrr[N): ` c. Organizational DUNS: 0831532470000 95- 6000785 d. Address: "Street1: 20 Civic Center Plaza Street2: " City: Santa Ana County /Parish: Ora ng e * Slate: CA: California Province: *Country: USA: UNITED STATES * Zip / Postal Code: 92701 -4058 e. Organizational Unit: Department Name: Division Name: Workforce Investment Board f. Name and contact Information of person to be contacted on matters involving this application: Prefix: �— * First Name: Carlos Middle Name: " Last Name: de la Riva Suffix: Title: Economic Development Specialist Organizational Affiliation: • Telephone Number: 714 -5 65 -2 62 9 Fax Number: *Email: CDelariva @santa- ana.org 20A -6 Application for Federal Assistance SF -424 `9. Type of Applicant 1: Select Applicant Type: C City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: j* Other (specify): _ I * 10. Name of Federal Agency: and Training Administration 11, catalog of Federal Domestic Assistance Number: 17.268 CFDA Title: H -1B Job Training Grants * 12. Funding Opportunity Number: SGA DFA PY -10 -13 * Title: 18 Technical Skills Training Grants 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): Add Aitachrnent Delete Attachment View Allac.hrnent * 1s. Descriptive Title of Applicant's Project: Orange County Bridge to Engineering provides accelerated math, supported engineering cohorts, academic and personal supports, and on the Job Training to unemployed adults and dislocated workers. Attach supporting documents as specified in agency instructions. Add AtEachments; Delete Atlachiiienls I Vie�y Atiachnienls. 20A -7 rr nv in ,z V...1-1 T)qfP-2n11-06-02T14:50:43-04:00 Application for Federal Assistance SF -424 , 16. Congressional Districts Of: a. Applicant cA -097 b. Program /Project cA -097 Attach an additional list of Program /Project Congressional Districts if needed. Additional congressional District., Add Attachrpenf :' Delete AlfaChmant View Attechment J 17, Proposed Project: * a. Start Date: 09/01/2011 * b. End Date: 08/31/2015 .18. Estimated Funding ($): `a. Federal 4, 997, 479..00 * b. Applicant 0.00 `a State 0.00 * d. Local * e. Other 0.00 f. Program Income 0.00 'g. TOTAL 4,997,479.00 • 19. Is Application Subject to Review By State Under Executive Order 12372 Process? a. This application was made available to the State under the Executive Order 12372 Process for.review on L� b• Program Is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program Is not covered by E.O. 12372• * 20, is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) Yes . ®No If "Yes ", provide explanation and attach Add Attachment Delete Attachment ViewAttachm nt 21. `By signing this application, I certify (1) to the statements contained in the list of certifications ** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances ** and agree to comply with any resulting terms if I accept an award. 1 am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S.'Code, Title 218, Section 1001) ® ** I AGREE " The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific Instructions. Authorized Representative: Prefix: r1 -First Name:' Linda Middle Name: * Last Name: Oberman Suffix: "Title: Director • Telephone Number: 1714-565-2600 Fax Number: *Email: LOberman @santa - ana.org * Signature of Authorized Representative: Carlos de la Riva * Date Signed: 06/02/2011 qjhlff;7 administrative Cost's 20A-9. See., 667.220 What Workforce'Investment Act title I functions and activities constitute the costs of administration subject'to the administrative coat limit? (a) The cos'ts'of administration are that allocable portion of necessary and reasonable allowable costs of state and local workforce investment boards, direct recipients, including state,grant recipients under subtitle B of title I and recipients of awards under subtitle D of title I,•as well as local grant recipients, local grant subr$cipients, local fiscal agents and one -stop operators that are associated with those specific- functions identified in .paragraph (b) of this section and which are not related to the direct provision of,workforce investment services, including services to'participants.and employers. These cost$ can be both personnel and non - personnel and both direct and indirect. (b) The costs of administration are the costs associated with performing the following functions: (1) Performing the following overall general administrative functions and coordination of 'those functions under WIA title I: (i) Accounting, budgeting, financial and cash management functions; (ii) Procurement and purchasing functions; (iii) Property management functions; (iv) Personnel management functions; (v) Payroll functions; (vi) Coordinating the resolution of findings arising from audits, reviews, investigations and incident reports; (vii) Audit functions; (viii) General legal services functions; and red (ix) Developing systems and procedures, including information a systems, required for these administrative•'functions; (2) Performing oversight and — monitoring responsibilities related to WIA administrative functions; (3) Costs of goods and services required for administrative functions of the program, including goods and services such as-rental or purchase of equipment, utilities, office supplies, postage, and rental and maintenance of office space; (4) Travel costs incurred for official business in carrying out administrative activities or,the overall management of the WIA system; and (5) Costs of information systems related manadecnenttraccountingtandapayrollxample, to personnel, procur' ent,' urchas•ing,.p p y. g systems] including the purchase, systems development and operating costs of such systems. (c)(1) Awards to subrecip'ients or vendors that are solely for .the performance of administrative functions •are.classified as administrative'costs, (2) Personnel and related non = personnel' costs of.staff who perform both administrative functions specified in paragraph (b) of this section and programmatic services or activities' must be allocated as administrative or program costs to the benefiting cost objectives /categories based on documented distributions of actual time worked or other equitable Cost allocation methods. (3) Specific Copts-charged to an overhead or indirect cost pool that can be identified directly-as a program cost are to be charged as a program cost. Documentation of such charge's must- be maintained. (4) Except as provided at paragraph (c)(1), all costs incurred for functions and activities of subrecipients and vendors are program costs. (5). Costs of the following information systems including the purchase, systems development and 'operating (e.g,,. data entry) costs are charged to the program category: (i) Tracking or monitoring of participant and performance information; (ii) Employment statistics information, including job listing information, job skills information, and demand occupation information; (i'ii) Performance and program cost information on eligible providers of training vities; services, youth activities, and appropriate education acti (iv)Local area performance information; and (v) Information relating to supportive services and unemployment insurance claims for program participants; (6) Continuous improvement activities are charged to administration program Do Category based -on the purpose or nature of the activity to be improved. Documentation of such charges must be maintained. The Solicitation -for Grant Appl.."ications for thi.s 20A -11 DEPARTMENT OF LABOR Employment and Training Administration Notice of Availability of Funds and Solicitation for Grant Applications for H -1 B Technical Skills Training Grants Announcement Type: 'Solicitation for Grant Applications (SGA) Funding Opportunity Number: SGA/DFA PY -10 -13 Catalog of Federal Domestic Assistance (CFDA) Number: 17:268 Key Dates: Applications for grant awards will be accepted immediately upon publication .of this notice in the Federal Register with two closing dates of June 2, 2011 and November 17, 2011. Applications must be received no later than 4:00 p.m. Eastern Time on the closing dates: Applicants may only submit one application for each closing date, but successful applicants will only receive funding for one grant. Applicants that submit more than one application to a round of funding will be considered non- responsive, and none of their applications will be considered for funding. A pre- recorded webfnar will be on -line (http• / /www.workforce3one.om) and -. - - -- accessible - for - iewing -no- later- than - May -6; 2011-Fand-will -be- available- for - viewinganytime- after- - - - ---- that date. In addition, ETA will be hosting alive webinar at 11:00 a.m. Eastern Time on Wednesday, May 4, 2011 While a review of either of these webinars Is encouraged it is not mandatory that applicants view these recordings. Addresses: Mailed applications must he addressed to the U.S. Department of Labor, Employment and Training, Administration, Division of Federal Assistance, Attention: Thomas Martin, Grant Officer, Reference SGA/DFA PY 10 -13, 200 Constitution Avenue, NW, Room N4716, Washington, DC 20210. For complete application and submission information, including online application Instructions, please refer to Section IV. Summary: The Employment and Training Administration (ETA), U.S: Department of Labor (DOL or the Department), announces the availability of approximately $240 million in funds for an H -1 B Technical Skills Training Grants program. This grant program is designed to provide education, training, and job placement assistance in the occupations and industries for which employers are using ' H-113 visas to hire foreign workers, and the. related activities necessary to supportt such training. H -1 B technical skills training grants are financed by a user fee paid by employers to bring foreign workers into the United States under the H -1 B nonimmigrant visa program. This technical skills training program was authorized under Section 414 (c) of the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA), as amended (29 USC 2916a). Grant awards will be made only to the extent that funds are available. The Department will make awards to two'types of training grants: those that-provide On- the -Job Training (OJT) to all participants and those that use other training strategies. Of the awards granted through this Solicitation, at least-$150 million will be awarded to grantees that provide OJT to all participants., Between the two types of grants awarded (OJT and other training strategies), DOL intends to fund at least $45 million.to applicants proposing to provide training for occupations in the health care industry and at least $60 million'to applicants that serve long -term unemployed individuals. While this Solicitation is open, DOL anticipates that additional funding will. accrue for this grant program. Such additional funding may be made available for awards during the second round of funding, depending on the quality of applications received. Grants may be awarded to partnerships of private and public sector entities, which may include: business - related nonprofit organizations, such as trade associations; education and training providers, including community colleges and community -based organizations; and 41y entities involved in administering the workforce Investment system established under Title I of the Workforce Investment Act of 1998 (WIA) and economic development agencies. Additional partners that reflect the character and resources of the local or regional economy are strongly encouraged. SUPPLEMENTARY INFORMATION: This Solicitation consists of nine (9) sections: Section I provides a description of this funding opportunity. Section Ii provides award information. Section III provides elldibility information. Section IV provides Information on the application and submission process. Section V describes the-criteria against which applications will be reviewed and explains the proposal review process. Section VI describes award administration information. Section Vil provides agency contacts. Section Vlll provides additional resources of interest-to applicants. Section IX provides other information. Section I Funding Opportunity Description A. Overview The United States supports a very large, diverse,. and innovative economy. Current economic conditions have intensified the country's need to employ practical and effective solutions to our most pressing socio- economic challenges, While the economy is showing positive signs, the recession is still playing out in many parts of the country, including an Increased number of layoffs. Job creation,has been slow in many urban and rural communities which also has led to prolonged unemployment.. At the same time, there are still skill shortages In some industries and occupations, and this grant program creates an opportunity to address both issues. In response to industry skill shortages in high- growth industries and occupations, Congress established the H -1 B visa category for non - immigrants seeking work in high -skill or specialty occupations, imposed a user fee, on employers for H -1 B applications, and set annual limits on the number of H-113 visas granted. ACWIA, as amended, authorized the Department to use a portion of those fees to finance an H -1 B Technical Skills Training Grant Program.. This grant program is designed to provide. education, training, and job placement assistance in the occupations and industries for which employers are using H -1 B visas to hire foreign workers, and the related activities necessary to support such training. The H -1 B Technical Skills Training Grant Program is intended to raise the technical,skill levels of American workers so they can obtain or upgrade employment in high- growth industries and occupations. Over time, these education and training programs will help businesses reduce their use of skilled foreign professionals permitted to work in the U.S, on a temporary basis under the H -113 visa program. While „ the occupations at H -113 skill levels are generally defined as a bachelor's degree or comparable experience, education and training conducted through this program is not limited to skill levels commensurate with 4 -year undergraduate degrees, and can include the preparation of workers for employment along career pathways fora broad range of occupations and industries in which employers are using H -1 B visas to hire foreign workers. H-113 Technical Skills Training Grants are not intended to address entry-level skill shortages nor may they fund programs aimed at imparting basic educational skills; however, applicants may propose-courses that support technical skills development at the post - secondary level, e.g., math, science, or language courses directly related to technical skills training, 2 20A -13 B. Targeted Industries, Occupations and. Participants Technical Skills Training Grants under this SGA will focus on high - growth industries and occupations defined in ACWIA as those that: 1) are projected to add substantial numbers of new jobs to the economy; 2) are being transformed by technology and innovation requiring new skill sets for workers; 3) are new.and emerging businesses that are projected to grow; or 4) . have a significant impact on the economy overall or on the growth of other industries and occupations. To meet the legislative intent of training American workers to reduce the need for foreign workers under the H -1 B visa program, applicants must design their education and training programs to support industries and occupations for which employers are using H -1 B visas to hire foreign workers. According to recent data, a wide range of industries may meet these criteria in local and regional areas around the country. Applicants should review the attached list of industries and occupations that are using H -1 B visas to hire foreign workers (See Attachment A). This list is not'exhaustive and applicants are advised to also refer to the Foreign Labor Certification Data Center Web site ( http : / /www.flcdatacenter.com /CaseH1 B.aspx) for the latest database of occupations approved under H-1 B. petitions, For this Solicitation, ETA is particularly interested in training for - -- occupations within the- following- industries:- information - technology- communlcation-and- - - -- - - - -- broadband technology, advanced manufacturing and health care. ETA intends to fund at least $45 million to applicants proposing to provide training in the health care industry (including Health Information Technology). The health care industry has grown rapidly and is projected to grow in the future due to advances in medical knowledge and the increased need for medical services required by an aging population. Of the 20 fastest growing occupations, half are within the'health care industry. The absence of sufficient numbers of qualified workers in this diverse sector threatens the quality and availability -of medical care, and the economic stability and growth potential of local communities in rural, urban, and suburban areas. Mdreover, the growing complexity of health care de. livery will require workers to continuously upgrade their. skills. . While grants will serve participants who maybe currently employed or unemployed, the Department is. particularly focused on reaching those individuals who have been unemployed the longest, and will work to ensure that at least $60 million In grant awards goes to those applicants that focus on this population: According to the Bureau of Labor Statistics' December 2010 Employment Situation Summary, the long -term unemployed make up about 44 percent of all unemployed workers. These unemployed workers may be near or past the exhaustion of their unemployment benefits or may be discouraged from looking for work. They may need additional assistance to enhance their skills to become re- employed. C. Training Strategies and Allowable Activities Applicants must propose projects that provide job training and related activities that are designed to assist workers in gaining the skills and competencies needed to obtain or upgrade employment in high - growth industries and occupations, or along the career pathways for such industries and occupations. A career pathway may generally be defined as a system of career options which allows opportunities for professional growth and upward mobility. Training under this Solicitation may not be used for entry-level occupations, but should focus on occupations along the career pathways that require higher skill levels. DOL will fund two types of training programs: those that provide OJT to all participants, or those that use other promising training strategies. With each type of training strategy, there are a number of activities that applicants can include to ensure that the programs meet participants' needs.. All training strategies must: 1) target skills and competencies in demand by industries and occupations for which employers are using H -1 B visas to hire foreign workers (see Attachment A); 2) provide education and training for jobs currently available; and 3) whenever possible, result in an,industry recognized credential. ETA encourages applicants to use program models with demonstrated success In 20A -14 .serving the eligible participants, especially those with strong program evaluations showing positive impacts on participants. 1. ' On -the -Job Training (OJT) ETA intends to commit at least $150 million to grants that employ training strategies that provide On- the -Job. Training (OJT) to every participant, incumbent worker training does not qualify for OJT and does not count toward the $150 million set aside. This does not preclude the applicant from proposing and implenjonting other types of training strategies in support of OJT, however, OJT must be a component of each participant's training strategy. OJT is distinguished from other types of workplace training, including customized training, by several factors: (1) participants are hired (or employed) and earn wages from employers during training; (2) it Is based on an individualized training plan that reflects the results of an individual skills assessment and an analysis of job requirements; (3) training is conducted in the work setting under the direction of one or more of the employer's supervisory personnel; and (4) the employer is paid a reimbursement to cover the extraordinary costs of the training. OJT can bridge the divide between unemployment and employment by addressing gaps in an individual's skill level. Individuals who participated in OJT in the past have demonstrated .. - .-- - - - - - -- improved - labor - mar -ket attachment and- enhanced job tenures -- illustrated -by- higher - rates -of- job - -- -- - --- placement and retention. OJT also offers participants a "learn and earn" training option, allowing individuals to learn new skills while earning a regular paycheck. 2. Other Training Strategies' Under the second type of training strategy (non -OJT) to be funded, applicants must not offer OJT to participants. Other types of training strategies include b -ut are not limited to: classroom occupational training; contextualized learning; distance learning; and customized training, including incumbent worker training, for particular employers or groups of employers. 3. Activities that Support the Training Strategies In implementing either type of training program, applicants may propose to use grant funds for a wide range of activities that support.the direct education and training of eligible participants including but not limited to the following: o Developing math, science or language courses at the post - secondary level that are integrated into the technical skills training; 0 Costs related to accrediting employer- and /or industry- recognized credentials; ® Other costs of program development such as using subject matter experts from industry, education, and other areas to assist in curriculum design; Developing and'implementing articulation agreements with universities and other educational partners that allow for recognition of course credits in exchange for the education and /or training provided; ® Recruitment of eligible participants; ® Initial assessment of skill levels, aptitudes, abilities, and competencies; ® Job search and placement assistance, as well as career counseling; Supportive services that enable individuals to participate'in grant activities (see Section IV.E.7); and ® Updating or replicating existing in curricula to support direct education and training provided through the grant. Activities that are not directly related to the development and implementation of education, training, and other related services for high - growth industries for which employers are using H -1 B visas are not allowable. activities under this grant. Applicants should refer to Section VI of the SGA for a list'of relevant OMB Circulars related to cost principles, administrative and other requirements that apply to this Solicitation and to Section ME for a discussion of costs that are not allowable under this Solicitation. M 20A -15 Section II. Award Information A. Award Amount Through this single Solicitation, ETA is making approximately $240 million in funds available through two rounds of funding, and expects to fund 75 -100 grants with individual grant amounts ranging from $1 million to $5 million. Between these two rounds of grants, DOL intends to award at least $150 million to grantees that provide On- the -Job Training (OJT) to all participants. The remaining funding will be awarded to applicants that'provide other training strategies to participants. Across the two types of grants awarded (OJT and other training strategies), DOL intends to award at least $45 million to applicants proposing to provide training in the health care industry and $60 million to applicants proposing -to focus on the long -term unemployed. These set - asides are not-mutually exclusive; In other,words, applicants can - propose to' provide OJT'in the health care industry and if successful, their funding amount•will count toward both set- asides. ETA reserves the right to change these amounts depending on the quantity and quality of applications submitted under this SGA. DOL anticipates that additional funding will accrue for this .grant training program between the first and second __rounds oig rits GoAtain�� his S— digit afLon�u ch_- additianalJuadinq_may -b.e _mad- e_avaiiab.l.e__._ for awards during the second round of funding, depending on the quality of applications received. Grant.awards will be made only to the extent that funds are available. -a ea e grea a an i ion wi e eeme .non responsive and will'not be considered. Applicants may only submit one application for each closing date; successful applicants will only receive funding,for one grant. Applicants that submit more than one application to a round of funding will be considered non - responsive, and none of their applications will be considered for funding. If an applicant is not successful when submitting an application during round one, it should note that ETA cannot ensure that applicants will receive a summary of the panel's comments on the original application before the second closing date. Therefore, if an applicant chooses to submit a second application for the later closing date, absent receipt of the summary of the panel's comments, any changes to their original proposal will be made at their own discretion. Grants proposing the two types of training strategies (OJT and non -OJT) will be paneled separately. B. Period of Performance The period of grant performance will be up to 48 months from the date of execution of the grant documents. This performance period includes all necessary implementation and start- up activities. Applicants should plan to fully expend grant funds during the period of performance while ensuring full transparency and accountability for all expenditures. Section Ill. Eligibility Information A. Eligible Applicants Grants may be awarded to a partnership of private and public Sector entities as defined in ACWIA. This partnership must include at least two entities from among the following groups: 1) business- related nonprofit organizations, such as trade • associations; 2) education and training providers, including community colleges and other community -based organizations; and 3) entities Involved in administering the workforce investment system established under Title I of the WIA, and economic development agencies. All applicants must clearly identify the lead organization that will serve as the grantee and have overall fiscal and administrative responsibility for the grant, as well as each member of the partnership and the required partner(s) in the required Abstract (see Section IV.B. Part ill.) 4125 The grantee organization must be the organization specified In Section 8 of the SF -424 Application Form, and will be: 1) the point of contact with DOL to receive and respond to all inquiries or communications under this SGA and any subsequent grant award; 2) the entity with authority to withdraw or draw down funds through the Department of Health and Human Services - Payment Management System (HHS -PMS); 3) responsible for submitting to DOL all deliverables under the.grant, including all technical and financial reports related to the project, regardless of which consortium member petfiormed the work; 4) the entity that may request or agree to a revision or amendment .of the grant agreement or statement of work; 5) the entity with overall responsibility for carrying out the programmatic functions of the grant, as well as for the stewardship of all expenditures under the grant; and 6) the entity responsible for working with DOL to close out the grant. For the purposes of this SGA, these partner groups 'are defined as: 1. Business - related Nonprofit Organizations in Business - related Nonprofit Organizations clude trade or industry associations such as local Chambers of Commerce and small business federations, and labor organizations. These _e.nfiiges -may co.ntrlbute to- on.e -or_more- aspEcts -of- the -gr ant- activities,-such -as- defining - the--- . - - - -- - - -- program goals, identifying necessary skills and competencies, providing resources to support education and training (e.g. equipment, instructors, funding, internships, or OJT and other work- ase earning ac ivi ies or si ua ions , an conven ng conso is o emp Dyers, pa cu ar y sma businesses. 2. Education/Training Providers and Other Community -Based Organizations For the purposes of this SGA, education and training providers are institutions of higher education-as defined in Section 101(a) of the Higher Education Act of 1965 (20 U.'S.C. 1001). These "institutions of higher education" include public or other nonprofit educational institutions. Applicants must identify their institution type in Section 9 of the SF -424 Application for Federal Assistance. Eligible institutions must be.accredited by a nationally recognized accrediting agency or association that has been recognized by the U.S. Department of Education. A database of institutions that are accredited by bodies recognized by the U.S. Department of Education can be found at hitp://ope.ed.gov/accreditation . Applicants are strongly encouraged to check this Web site, 'as the Department will use this database in determining an applicant's accreditation to ensure eligibility. Generally, institutions of higher education include 2 -year and 4 -year colleges and universities, Historically Black Colleges and Universities, Tribal Colleges and Universities, and Hispanic - Serving Institutions, among others. Community -based organizations are key providers of basic skills training, technical skills training, supportive services, and workforce development services in communities across the country. Community -based organizations understand the importance of leveraging resources, engaging employers to better understand their workforce needs and secure. employment for their participants, and providing comprehensive supportive services in a manner that Is culturally and linguistically appropriate, to the extent legally allowed, for workers and training participants. 3. The Workforce Investment System and Economic Development Agencies Public workforce system entities are involved in administering the workforce investment system established under Title I of WIA; and include state and local Workforce Investment Boards and their One -Stop Career Center systems. These types of organizations may participate in the grant-activities, such as: 1) understanding and analyzing the need for education and training in the local area including identifying targeted industries, occupations, and hiring needs, as well as populations to be served, and providing relevant sources of data including the workforce investment board's strategic plan, labor market information, and other tools or reports; 2) assessing potential participants for the grant program; 3) identifying and referring candidates for 6 20A -17 education and training in the grant program; 4) connecting and placing participants with collecting, tracking, and reporting participant data to employers that have job openings; and, 5) g. P ETA. State, regional, and/or local economic development agencies work ciosely,with employers, understand regional tang obs and stimulate indust 'industrial and commercial growth. t The role of generate and retain existing) opportunities and retain their economic development agencies conorriic development lopment ag ncies do not create jobs, but support existing employer community. support the new and ensuring businesses a e there e suffic sufficient economic development agencies programs and incentives in protect by en g place to assist the businesses in achieving their goals. Applicants are strongly encouraged to consider integrating employment and training omic development programs with collaborative regional to ensure that workers ar strategies align be g prepared fo`r growth economic development In ve industries in their regional eco nomy. onomy. ` - -B.- Required-Part nerships- with-€ mpioyer (- s)- or- Gonsortia- of -Emp must also work with at In addition to the entities included in the partnership, applicants least one employer or fi consortium of ea I goals and actI it ese identifying necessary skits and of • the following ways: defining the p g competencies, providing resources to support education /training (such as equipment, instructors, funding, internships, or OJT and other work -based learning ed activities), pr who g assistance with program design, and, where appropriate, hiring q participants complete grant- funded education and training programs based on real job projections. ETA particularly encourages- partnerships that include multiple employers in an industry cluster, which Is a concentrdaeios of nd asociated interconnected businesses, institutions n a particular field that ae linked by development, service prove common workforce needs. Working with multiple businesses helps ensure that.training prepares workers for a range of employer needs in the target indust making p ci p ants more employable and giving businesses a stronger employee pool. All training approaches work best. when the employment experience particular, lonely tied to er anticipated employment opportunities. Applicants proposing OJT, in the hiring plans of interested employers to maximize the number of participants who• are hired permanently. Employers have the added incentive to participate in all phases of the training development since OJT hi eoffers bui d ng organpzat onal p oductivity initial as the participant lea ns thelj.ob • fillirig skilled positions w • requirements. C. Cost Sharing or Matching Match Requirement The requirement for match is contingent on the activities proposed by the applicant. t Applicants that propose incumbent c worker training matching For applicants that do not include to 50 percent of the gran incumbent worker training activities, cost sharing or matching funds are not requireed'a percent . condition for application.. For applicants proposing incumbent worker activities, matching funds may be provided in cash or in -kind, however half of the total matching funds must be cash match. 2. Definitions and Administrative Requirements The general R administrative .3. Under these requirements, ocash match sharing defined as funds made CFR 97.25 or 29 CFR 7 20A -18 available to the grantee (or subgrantee) to be used specifically for project activities. The grantee has control over and disburses these funds and they are tracked and accounted for in their accounting system. Other federal resources may not be counted towards the match. requirements. Examples of cash match include funds provided for grant activities by the applicant; funds the applicant receives from employers or salaries paid by employers providing the incumbent worker training; and cash funds the applicant receives from partners of the applicant including foundations, private entities or state or local governments, provided that the government resources are not comprised of any federal funds. In -kind contributions are non cash contributions provided by the applicant or, non - Federal third parties. In -kind contributions may be in the form of equipment, supplies, and other expendable property, donated time, and the value of gpods and services that directly benefit and are specifically identifiable to the, . project program. 9. Allowable Match To be allowable as.part of match, a cost must be an allowable charge for Federal grant. Determinations of allowable costs will be made in accordance with the applicable Federal cost — - — principles- for- nonprofitsfeducation- and- governmerrt entities -as- indicated -in- Section V[-.B-.I- - -- Additionally, grantees must follow the requirements regarding match, including definition and valuation of in -kind resources found in 29 CFR 95.23 and 29 CF 97.24. 4. Incumbent Worker Salaries The portion of an incumbent worker's salary paid while the worker is participating in incumbent worker training (i.e., employee paid release time) may be counted as match under these grants.. Fringe benefits and other pefsonal benefits cannot be counted as. match. For employer partners (or subrecipients), these funds may be counted as cash match. Please note that salaries paid by employers to OJT participants cannot .count as match. 5. SF -424, SF -424A and the Budget Narrative The matching funds required of applicants who are proposing incumbent worker activities must be shown on the SF -424 application and the SF -424A budget form. Please note that any cash or in -kind resources beyond the 50 percent required match should be counted as leveraged resources. Applicants must clearly make the distinction between what will be considered matching funds and what will be considered additional leveraged resources.and explain leveraged resources in the budget narrative separately from the explanation of match. Do not include the leveraged funds on the 8F -424 or SF -424A. Applicants who are not proposing incumbent worker activities should list no match amount on the SF -424 and SF -424A, even if they are providing leveraged resources. Details on leveraged resources can be included in the budget narrative. For applicants proposing incumbent worker activities, the amount and nature of the match must also be clearly described in the budget narrative as discussed in Section N.B.I. The budget narrative must include a breakdown of the match that lists the amount of the cash match; the amount of in -kind match; and the total match provided. If there is a discrepancy in the amount of funds specified on the SF -424, SF -424A or Budget Narrative, DOL will consider the amounts specified on the SF -424 as the applicant's match. Applicants that fail to provide the required match information on the SF-424, SF -424A and in the budget narrative will be found 'non-responsive to this SGA and their application will not be considered for funding. There are no evaluation criteria or points associated with this match requirement or the provision of leveraged resources. 6. Fulfilling the Match Requirement Applicants are expected to fulfill the match amount specified on the SF -424 during the grant period of performance. If the match amount specified is not met or If a portion of the matching funds are found to be unallowable costs, the amount of DOL grant funds may be decreased on a dollar- for - dollar basis. If this occurs, the grantee may be required to repay funds to DOL. 7. Reporting Match-and Leveraged Resources DOL grantees must track and report both match and leveraged resources quarterly on ETA Form 9130. Instructions and the ETA Form 9130 may be found at http: / /www.doleta.gov /grants /fin.anclal_reporting.cfm D. Other eligibility Criteria 1: Grant Recipient Training Grant recipients are required to participate in all ETA training activities related to - - -- orientation-,- financial - management -and- reporting; Verfermance- reportirrg—,p-rod-�Tct dfsse imatiori, — - " —" and other technical assistance training ap appropriate during the life of the grant. These trainings . may occur via conference calls through virtual events such as wehinars� and in- person meetings Applicants should budget for at least two staff members to attend two in- person training events during the life of the grant. 2. Transparency . The Department is committed to conducting a transparent grant award process and publicizing information about program outcomes. Applicants are advised that their application and information related to Its review and evaluation (whether or not the application is successful) may be made publicly available, either fully or partially. In addition, information about grant progress and results may also be made publicly available. E. Eligible Participants 1. Participants Eligible to Receive Training . .Applicants must propose projects that focus on providing education and training to unemployed and /or-employed workers, however, incumbent workers are not eligible for OJT under this SGA. The Department is particularly interested in making sure that grants focus on serving long -term unemployed workers, especially those who have been unemployed the longest. In order to be considered as an applicant focusing on this population, at least 75% of the applicant's participants should be documented as long -term unemployed. While long -term unemployed individuals are defined as those who have been unemployed for 27 weeks or more, the Department is also interested in making sure that applicants have the. flexibility to serve Individuals from their communities that have been unemployed the longest. Individuals who have lost theirjobs during the recent recession (commencing from January 1, 2008 forward), and have exhausted unemployment benefits, or have not yet reconnected with a job that provides comparable responsibility and pay (underemployment), or who are working part -time job(p) when they want a full -time job, or who have become discouraged and have stopped looking for a job should be considered among the long -term unemployed. Applicants should . consult their state's .unemployment data to target individuals who have been unemployed for much longer than 27 weeks. (Data on unemployment Is available at hftp: / /ows.doleta.gov /unemploy /) 0 4111_WIC Candidates for education and training funded through these grants should not be at the beginning of a career pathway and should have at least a high school diploma or a GED, as well as some post- secondary education and /or work experience that would allow them to enter the defined career pathway at a later point. Candidates may already have an associate's or bachelor's degree, but they do not necessarily have to possess advanced degrees to be eligible. Applicants must propose projects that serve only individuals who are at least 18 years of age and are, pursuing a high -skill occupation. 2. Veterans Priority for Participants The Jobs for Veterans Act (Public Law 107 -288) requires grantees to provide priority of service for veterans and spouses of certain veterans for the receipt of employment, training, and' placement services in any job training program directly funded, in whole or in part, by DOL. The regulations implementing this priority of service can be found at 20 CFR part 1010. in circumstances where a grant recipient must choose between two equally qualified candidates for a service, one of whom is a veteran or- eligible spouse, the veterans priority of service provisions require that the grant recipient give the veteran or eligible spouse priority of service --= __ - -by first providing- him -or --her -that service—T-o- obtain- priority =of-service;-a- veteran -or- spouse - must - first meet the program's eligibility requirements. Grantees must comply with DOL guidance on veterans' priority. ETA's Training and Employment Guidance Letter (TEGL) No. 10 -09 (issued November 10, 2009) provides guidance on implementing priority of service for veterans and eligible spouses in all qualified job training programs funded in whole or in part by DOL. TEGL No. 10 -09 is available at http://wdr.doleta.gov/directives/corr doc.cfm ?DOCN= 2816. Section IV. Application and Submission Information A. How to Obtain an Application Package This SGA contains all of the information and links to forms needed to apply for grant fundina. B. Content and Form of Application Submission Proposals submitted in response this SGA must consist of three separate and distinct parts: (1) a cost-proposal; (Ii) "a technical proposal; and (III) attachments to the technical proposal. Applications that do not contain all of the three parts or that fail to adhere to the instructions in this section will be considered non - responsive and will not be considered for funding. it is the applicant's responsibility to ensure that the funding amount requested is consistent across all parts and sub -parts of the application. Part I. The Cost proposal. The Cost Proposal must include the following items: ® SF -424, "Application for Federal Assistance" (available at http://www07.qrants.gov/agencies/forms repository information.isp). The SF -424 must clearly Identify the applicant and must be signed by an individual with authority to enter into a grant agreement. Upon confirmation of an award, the individual signing the SF -424 on behalf of the applicant shall-be considered the authorized representative of the applicant. All applicants for Federal grant and funding opportunities are required to have a Data Universal Numbering System (D- U -N -SO) number, and must supply their D- U -N -SO Number on the SF -424. The D- U-N-SO Number is a nine -digit identification number that uniquely identifies business entities. If you do not have a D- U -N -SO Number, you can get one for free through the D &B website: http://fedgov.dnb.com/webform/displayHomePa.ge.do. c The SF -424A Budget Information Form (available at http://www07.qrants.gov/agencies/forms repository Information.isp). In preparing the Budget 10 20A -21 Information Form, the applicant must provide a concise narrative explanation to support the budget request, explained in detail below. 0 Budget Narrative: The budget narrative must provide a description of costs associated with each line item on the SF -424A. If applicants are proposing Incumbent worker training, the budget narrative -must include a description of the amount and nature of the match provided for incumbent worker training'to support grant activities. Please note, any funds provided 1r excess of 50% should be listed as leveraged resources and not match. Do not include leveraged resources on the SF -424 or SF -424A. Match and leveraged resources must be described separately in the budget narrative with the applicant clearly distinguishing between what will be considered matching funds and what will be considered additional leveraged resources. The amount of match must be broken down between the amount of cash match and the amount of in -kind contributions, as well as the total match provided. Additionally, in the budget narrative the entirety of the match must be calculated as a percentage of the grant amount as outlined In Section iI I.C. Please. seethe requirements of 29 CFR 97:24 or 29 CFR 95.23 for the definition of match as well as requirements for determining the value. of in -kind contributions. ----- - - ---0 Note- that -the-- entire- Federal-grant- amount- requested-(not just - one - year) - must- be7-- -- -- Included on the SF -424 and SF -424A and budget narrative. No leveraged resources should be shown on the SF 424 and SF 424A• they should be discussed in the budget narrative For applicants including incumbent worker activities, the match amount must be listed on the SF- 424 and -424A or your application will•be deemed non- responsive. However, for all other applicants, including OJT and other training strategies that do not use incumbent worker - training, do not include an amount for match or leveraged resources on the SF -424 and SF- 424A. The amount listed on the SF -424, SF -424A and budget narrative must be the same. Please note, the funding amount included on the SF -424 will be considered the official funding amount requested if any inconsistencies are found. Applications that fail to provide an SF -424 including D- U -N -S® Number, SF -424A, and a budget narrative will be considered non- responsive and not reviewed. 0 Regardless of the method of application submission, all applicants must register with the Federal Central Contractor Registry (OCR) before submitting an application. Step -by- step Instructions for registering with CCR can be found at http://www.grants.gov/appiicants/or-q step2 isp. An awardee must maintain an active CCR registration with current information at-all times during which it has.an active Federal award or an application under consideration. To remain registered in the CCR database after the initial registration, the applicant is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. ' For purposes of this paragraph, the applicant is the entity that meets the eligibility criteria and has the legal authority to apply and to receive the award. Failure to register with the CCR before application submission will result in your application being found non - responsive and not being reviewed. Part 11. The Technical Proposal. The Technical Proposal must demonstrate the applicant's capability to implement the grant project in accordance with the provisions of this Solicitation. The guidelines for the content of the Technical Proposal are provided in Section V of this SGA. The Technical Proposal is limited to 20 double- spaced single -sided 8.5 x 11 inch pages with 12 point text font and 1 inch.margins. Any materials beyond the specified page limit will not be read. Applicants should number the Technical Proposal beginning with page number 1. Applications that do not include Part 11, the Technical Proposal, will be considered non- responsive and not reviewed. 11 Part fill. Attachments to the Technical Proposal. In addition to the Technical Proposal, the applicant must submit the following attachments: a) The applicant must provide an Abstract, not to exceed two pages, which will serve as a summary of the grant and will be shared publicly, and had applicant's e followTax sections: 1) the project name; 2) the lead applicant, the Identification Number, and each required partner within the project (identified In Section III.A and.III.B); 3) the applicant's city /state; 4) the grant's targeted high- growth industry(ies) and /or occupation(s) and the related industry and /or occupation from the N -1 B visa lists 5) the funding level requested and match amount (if applicable); 6) a summary of the specific program activities (see Section I.C), including whether it is. an OJT program or one using other training strategies (and if so, whether or not it includes incumbent worker training; 7) the eligible participants to be served, including whether there ec nqu res to unemployed; be addre sed (rnay public contact Information wher grantee wants pub be an emall, website, or phone number). b) Each applicant must submit one signed letter of commitment from the partners, - -inclu id ng the required employer paa6d-(sl as regdired r �6bli6 Ill -B of the SG7�. . The letter must confirm the commitment of each organization involved in the project to ftlffialwr res}Msil�i�itir rrnn 4ha �ifa� ^f thc' r�r1t S plan which is part of the technical proposal (see Section IV.B.). The letter of commitment should not reiterate the activities and other details of the work plan. C) A graphic display of the applicant's proposed career pathway that highlights point(s) along the pathway where the skills training will occur and which reflects participants entry Into and progression along the pathway (see Section V.A.2.1); d) The lead organization (the organization specified in Section 8 of the SF -424 Application Form) must include the unique Federal Tax Identification Number in the Abstract {Part III a)). Applications where the lead organization fails to provide the unique Federal Tax Identification* Number will be considered non - responsive and those applicants will not be considered for funding. Applications that do not include the required attachments will be considered non- responsive and will not be reviewed. Only those attachments listed above as required attachments will be excluded from the page limit. Addionalcmat materials such as resumes or general letters of su'pportopendices to the application. commitment will not be considered. Applicants should not send documents separately to ETA, because documents received separately will be tracked through a different system and will not be attached to the application . for review. ETA will not accept general letters of support submitted by organizations or individuals that are not partners in the proposed project and that do not directly identify the specific commitment or roles of the project partners. Support letters of this nature will notbe considered in the evaluakion review process. C. Submission Date, Ti mes, Procegs and Addresses Applications for grant awards will be accepted Immediately upon publication of this notice in the Federal Register with two closing dates of June 2, 2011 and November 17, 2011. Grant awards will be made based on the quality and quantity of proposals received and only to the extent that funds are available. Applicants may submit one application for each closing date, but successful applicants will only be eligible to receive funding once under this SGA. 12 20A -23 Applicants that submit more than one application to a round of funding will be considered non- responsive, and none of their applications will be considered for funding. Applications may be submitted electronically on http: / /www.grants.gov or in hard copy by . mail or hand delivery (including overnight delivery). Hard copy applications must be received at the address below no later than 4:00 p.m. Eastern Time on the closing dates. Applications submitted on grants:gov must also be successfully submitted (as described below) no later than 4:00 p.m. Eastern Time. Applications sent by e -mail, telegram, or facsimile (FAX) will not be accepted. Applicants submitting proposals in hard -copy must submit an original signed application (including the SF -424) and one (1) 'copy- ready" version free of bindings, staples or protruding tabs to ease in the reproduction of the proposal by DOL. Applicants submitting proposals in hard copy are also requirod to provide an Identical electronic copy of the proposal on compact disc (CD). If discrepancies between the hard copy submission and CD copy are identified, the application on the CD will be considered the official applicant submission for evaluation purposes. Failure to provide identical applications in hardcopy and CD format may have an Impact on the overall evaluation. --- if -an- application -Is- physically- submitted -by -both- hard -copy- and - through -- — -- -- htto: / /www.grants.gov, a letter must accompany the hard copy application stating which application to review. If no letter accompanies the hard copy, we will review the copy submitted _- through http: / /www.Qrants.pov. Applications that do not meet the conditions set forth in this notice will be considered non - responsive. No exceptions to the mailing and delivery requirements set forth in this notice will be granted. Further, documents submitted separately from the application, before or after the deadline, will not be accepted as part of the application. Mailed applications must be addressed to the U.S. Department of Labor, Employment and Training Administration, Division of Federal Assistance, Attention: Thomas Martin, Grant Officer, Reference SGA/DFA PY 10 -13, 200 Constitution Avenue, NW, Room N4716, Washington, D.C. 20210. Applicants are advised that mail delivery in the Washington area.may be delayed due to mail decontamination procedures. Hand - delivered proposals will be received at the above address. All overnight mail will be considered to be hand - delivered and must be received at the- designated place by the specified closing date and time. Applications that are submitted through Grants.gov must be successfully submitted at http: / /www.,qrants.gov no later than 4 p.m. Eastern Time on the closing date and then subsequently validated by Grants.gov. The'submission and validation process is described in more detail below. The process can be complicated and time - consuming. Applicants are strongly advised to initiate the process as. soon as possible'and to plan for time to resolve technical problems if necessary. The Department strongly recommends that before the applicant begins to write the proposal, applicants should immediately initiate and complete the. "Get Registered" registration steps.at http://www.grants.gov/ai2t)llcahts/get registered.lsp. Applicants should read through the registration process carefully before registering. These steps may take as much as four weeks to complete, and this time should be factored Into plans for electronic submission in order to avoid unexpected delays that could result in the rejection of an application. The site also contains registration checklists to help you walk through the process., The Department strongly recommends that applicants download the "Organization Registration Checklist" at http• / /www grants qov /assets /Organization Steps Complete Registration.pdf and prepare the information requested before beginning the registration process. Reviewing and assembling required information before beginning the registration process will alleviate last minute searches for required information and savd time. As desdribed above, applicants must have a D— U —N —SO Number and must register with the Federal Central Contractor Registry (CCR). 13 20A -24 The next step in the registration process is creating a username and password with Grants.gov to become an Authorized Organizational Representative (AOR). AORs will need to know the D- U -N -S® Number of the organization for which they will be submitting applications to complete this process. To read more detailed instructions for creating a profile on Grants.gov visit: http: / /www -grants gov /applicants /orq step3 isp. After creating'a profile on Grants.gov, the E -Biz point of Contact (E -Biz POC) - a representative from your organization who is the contact listed for CCR —will receive an email to grant the AOR permission to submit applications on behalf of their organization. The E -Biz POC will then log in to Grants.gov and approve an applicant as the AOR, thereby giving him or her permission to submit applications. To learn more about AOR Authorization visit: http: / /www.grants.gov /applicants /orq step5.jsp, or to track AOR status visit: http: / /www.grants.goy /applicants /org step6.lsp. An application submitted through Grants.gov constitutes a submission as an electronically signed application. The registration and account creation with Grants.gov, with E- Biz POC approval, establishes an AOR. When you submit the application through'Grants.gov, the name of your AOR on file will be inserted into.the signature line of the application. - - - - Applicants must- register - #he- individual who is able -to- make - legally binding- commitments - for - the--= - - - - -- - -- applicant organization as the AOR; this step is often missed and it is crucial for valid . submissions. When a registered applicant submits an application with Grants.gov, an electronic time stamp is generated within the system when the application is successfully received by Grants.gov. Within two business days of application submission, Grants.gov will send the• applicant two email messages to provide the status of the application's progress through the system. The first email, sent almost immediately, will contain a tracking number and will confirm receipt of the application by Grants.gov. The second email will Indicate the application has either been successfully validated or has been rejected due to errors. Only applications that have been successfully submitted by the deadline and subsequently successfully validated will be considered. It Is .the•sole responsibility of the applicant to ensure a timely submission. While it is not required'that an application be successfully validated before the deadline for submission, it Is prudent to reserve time before the deadline in case it is necessary to resubmit an application that has not been successfully validated. Therefore, sufficient time should be allotted for submission (two business days) and, if applicable, additional time to' address errors and receive validation upon resubmission (an additional two business days for each ensuing submission). It is important to note that if sufficient time is not allotted'and a rejection notice is received after the due date and time, the application will not be considered. To ensure consideration., the components of the application must be saved as .DOC (document), .RTF (rich text) .XL.S (Excel) or .PDF (portable document) format (ETA must be able to easily copy and paste information from applications into other file formats).. If submitted in any other format, the applicant bears the risk that compatibility or other issues will prevent us from considering the'application. ETA will attempt to open the document but will not take any . - additional measures in the event of problems with opening. In such cases, the non - conforming application will not be considered for funding. We strongly advise applicants to use the various tools and documents, including FAQs, which are available on the "Applicant Resources" page at http: / /www, grants .,qovlapplicants /resources.iso. ETA encourages new prospective applicants to view the online tutorial, "Grant Applications 101; A Plain English Guide to ETA Competitive Grants," available through Workforce30ne at: http: / /www.workforce3one ..org /page /grants_toolkit . To receive updated information about critical issues, new tips for users and other time sensitive updates as information Is available, applicants may subscribe to " Grants.gov Updates" at http: / /www.grants.gov /applicants /email subscription sionup.isp. 14 20A -25 If applicants encounter a problem with Grants.gov and do not find an answer in any of the other resources, call 1- 800 - 518- 4726'to speak to a Customer Support Representative or email "sup port(bgrants.,q '. The - Contact Center is open 24 hours a day, seven days a week. It is closed on Federal holidays. Late Applications: For applications submitted on Grants.gov, only applications that have been successfully submitted no later than 4:00 p.m. Eastern Time on the closing date and then successfully validated will 'be considered. Applicants take a significant risk by waiting to the last day to submit by Grants.gov. Any hard copy application received after the exact date and time specified for receipt at the office designated in this notice will not be considered, unless it is received before awards are made, it was properly addressed, and It was: (a) sent by U.S. Postal Service mail, postmarked not later than the fifth calendar day before the date specified for receipt of applications (e.g., an application required to be received by the 20th of the month must be postmarked by the 15th of that month); or.(b) sent by professional overnight delivery service to the addressee not later than one working day before the date specified for receipt of applications. "Postmarked" means a printed, stamped or otherwise placed impression ------ (e- xelusive -of a-- post - age - meter - machine- impression) -that is- readily - identifiable,- without further - - - - --- action, as having been supplied or affixed on the date of mailing by an employee of the U.S. Postal Service Therefore, applicants should request the postal clerk to place a legible hand _ cancellation "bull's eye" postmark on both the receipt and the package. Failure to adhere to these Instructions will be a basis for a determination that the application was not filed timely and . will not be considered. Evidence of timely submission by a professional overnight delivery service must be demonstrated by equally reliable evidence created by the delivery service provider indicating the time and place of receipt. D. Intergovernmental Review This funding opportunity is not subject to Executive Order 12372, "intergovernmental Review of Federal Programs." E. Funding Restrictions All proposal costs.must be necessary and reasonable and in accordance with Federal guidelines.. Determinations of•allowable costs will be made in accordance with the applicable Federal cost principles. Disallowed costs are those charges to a grant that the grantor agency or its representative determines not to be allowed in accordance with the applicable Federal cost principles or other conditions contained in the grant. Applicants, whether successful or not, will not be entitled to reimbursement of pre -award costs. ; 1. Indirect Costs As specified in OMB Circular Cost Principles, codified in the Code of Federal Regulations'(CFR) and listed in Section VI.B, indirect costs are those that have been incurred for common or joint objectives and cannot be readily identified with a particular final cost objective. An indirect cost rate (ICR) is required when an organization - operates under more than one grant or other activity, whether Federally- assisted or not. Organizations must use the ICR supplied by the Federal Cognizant Agency. If an organization requires a new ICR or has a pending ICR, the Grant Officer will award p temporary billing rate for 90 days until a provisional rate can be issued. This rate Is based on the fact that an organization has not established an ICR agreement. Within this 90 day period, the organization must submit an acceptable Indirect cost proposal to their Federal Cognizant Agency to obtain a provisional ICR. 15 20A -26 2; Administrative Costs Under this Solicitation, an entity that receives a grant to carry out a project or program may not use more than 10percent o project. Administrative costs tcoupld be directtorindirect tcosts, associated with the program p 1 and are defined at 20 CFR 667.220. Administrative costs do not need to be identified hey must separately from program accounting system. Tonclaim aany adminis at ve costs that are be tracked through the grantee's also indirect costs, the applicant must obtain an Indirect Cost Rate Agreement from its Federal Cognizant agency, as specified above. 3. Equipment Costs the As with all casts charged lnoi leg including that the costtsmare reasonable and necessary in the applicable Federal cost p p to achieve grant outcomes. While grant fu Provided through the propose d project, applicants are used for education and training activities strongly encouraged to use leveraged rgSOFtles sE- to vidence-- af- efforts- totpurochase elqui- hment wih - - --- their -grant funds - for -:proe receipt pe of the use of grant non -grant funds after thollclosely e i wvthe equipment costs list d fin. the SF 424A and the funds for equipment. u ge arra the to etermme Te costs wh___13T ess and neCeS51LY. ich do not meet these standardsserves the right to negotiate or reject any equipment 4. Intellectual Property Rights The Federal Government reserves a paid -up, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use for Federal purposes: (1) the.copyright in all products developed rights of copyright to,which the granbtee, subgranteecor a t under. the grantor subgrant; and (2) Y 9 contractor purchases ownership duats; and any (including but not materials). limited Such uses Include, but an e models, technical assistan p not limited to, the right to modify and distribute such products worldwide by l {nonl ceasing fee electronically or otherwise. Federal funds may not be used to pay any roy y associated with such ed copyrighted to tget de although they may be is of copying and shipping costs If revenue are obtaining a copy which are limited to generated through selling products developed with grant funds, including intellectual property, these revenues are program income. Program income is added to the grant and must be expended for allowable grant activities. If applicable, grantees must include the following language on all products developed in whole or in part with grant funds: "This workforce solution was funded by a grant awarded by the U.S. Department of Labor's Employment and Training fWministration. The solution was created by the grantee and does not necessarily reflect the official position of the U.S. Department of Labor. The Department of Labor makes no guarantees,.warranties, or assurances of any kind, express-or implied, with respect to such information, including any information on linked sites and including, but not limited to, accuracy of the Information or its completeness, timeliness, usefulness, adequacy, continued availability, or ownership. This solution is copyrighted by the institution that created it. internal use by an organization and /or personal use by an individual for non- commercial purposes is permissible. All other uses require the prior authorizatlon •of the copyright owner." 5. On- the -Job Training Under this Solicitation, OJT will follow the definitions and requirements under the 16 20A -2.7 Workforce Investment Act (WIA) section 101(31). Incumbent workers are not eligible for OJT under this SGA. OJT is provided under a contract with an employer in the public, private - nonprofit, or private sector. Through the OJT contract, occupational training is provided for the the grant participant in exchange for the reimbursement to the employ r nup to 50 d r dual fThe wage rate to compensate for the employer's extraordinary costs employer pays wages to the participant. Section 667.264 of the WIA regulations specifically prohibit grant funds from being spent on payment of wages of Incumbent employees. For complete information on the specific WIA parameters for OJT, please refer to WIA regulations 20 CFR 663.700 — 663.710, as well as 20 CFR 663.730. Applicants will be required to follow A law and regulations with the following policy the parameters for OJT included in the WI exceptions: ® Eligible participants cannot be currently employed by the employer; • Participant placements may only occur in private for - profit and non - profit sectors (.i.e., sector placements); the grant does not allow for public . ® encies providing workers on a temporary bask to No placement may be made in ag employers for which the agency receives compensation from the employer; The- period -o# reimbu senient- should- be- an-adequate- length-to °ensure- the- participant-has acquired the technical skills needed for employment but no longer than 12 months. Individuals may not be co- enrolled in other ETA programs for the purpose of extending OJT beyond 12 months. Twelve months exceeds the average length.of time for current. WIA OJT activities, so grantees should negotiate contracts with employers that lead to transitioning participants to permanent employment as soon as possible. DOL's expectation Is that grantees would.establish contracts that may be longer than 12_ months, however, the reimbursement for each individual that participates in OJT cannot be longer than 12 months. Typically, the negotiated reimbursement percentage for OJT under WIA may be as high as 50 percent of the participant's hourly wage. However, for grants awarded under this Solicitation, the negotiated reimbursement percentage may be as high as 90 percent of the participant's hourly wage based on employer.size: up to 90 percent of the participant's wage rate for employers with 50 or fewer employees; up to 75 percent of the participant's wage rate for employers with 51 -250 employees; and up to 50 percent for employers with more than 250 employees. Grantees are also encouraged to negotiate lower rates.or variable rates (such as starting at 90 and reducing the subsidy over time) where possible to ensure that the maximum number of participants Is served by the project. Finally, upon receipt of a graht, applicants must develop sound on- the - job - training (OJT) contracts. The contract process sets the ground -rules for an OJT with an employer and assists in making the determination if an employer is eligible to provide an OJT opportunity. The contract must include the federally- required elements of an OJT agreement; however, states, counties or municipalities may have additional contract requirements.' Contracts also outline the terms and conditions that the employer -and OJT provider agree to. provide for an OJT experience. Contracts with an employer can be set up for a specific period of time but need not necessarily specify the individual trairees to whom they apply. This allows the employer to provide training to more than one trainee. If an employer only has one position or plans to limit the training experience to one employee, then a contract must also include the individual trainee's information. For these grants, contracts must provide that the employer is responsible far documenting skills gained by participants during the training period. It should also include a description of how the reimbursement level was determined. For sample templates and other resources, grantees may access ETA's on -line technical assistance related to an OJT contract at the following web address: https :Hojtt6olkit.workforce3one.org /page /contracts_and_mods 17 20A -28 6. Payments to s Participant For the purposes t grants awarded s SGA, the following will apply: , under this Organizations may only use grant funds to pay for the wages of participants in three specific activities; paid work experience, paid Internships and incumbent worker- training. I. Work Experience and Internships Work experience and Internships are defined as a planned, structured learning experience that takes place in a workplace for a limited period of time, and may be paid or unpaid. Labor standards apply in any work experience where an employee /employer relationship, as defined by the Fair Labor Standards Act (FLSA), exists. For more information on the FLSA, applicants may visit http: / /www.dol.gov /whd /. For a work experience or internship that supports training, applicants will need to descrlbe how the work experience or internship Is connected to and supports the education and training activities included in the grant. Grantees have flexibility in the design and implementation of work experience and internships, however they must meet the following parameters: • Provide an individual with monitored or supervised work or service experience in his - -or- her - expected - career - field - where- the - individual- has - pre -sera bed - learning - goals - and- refleets - - - - - -- — actively .on what he or she is learning throughout the experience. These learning goals can include a) academic learning, career development, and skill development, and b) the attainment ot credentials in the inclivic uai's expected career field; • Are part of structured programs where the grantee established the criteria for determining who will participate in these programs; a Are for a set period of time; Relate to training provided through the grant, and help participants prepare for the employment opportunities on which the grant focuses; and ®- Mayor may not carry an offer of regular employment upon successful completion of the internship. fl. Incumbent Worker Salaries For applicants that are Implementing other training strategies and not implementing OJT, the following applies: ® Incumbent worker salaries paid by the employer are NOT allowable costs to be reimbursed under this grant; however, for the purposes of this grant, the amount of salary, excluding fringe benefits, paid to employees while participating in incumbent worker training may be counted as matching resources. 7. Use of Funds for Supportive Services Under this Solicitation, supportive services for training participants will follow the definitions in WiA Sections 101 (46) , 134(e)(2), and 134(e)(3). They Include services such as transportation, child care, dependent.care, and housing that are necessary to enable an individual to participate in education 'and training activities funded through this grant. Under WIA Section 134(e)(3), supportive services can include needs- related payments (NRPs) that are necessary to enable individuals to participate in training activities funded through this grant. Supportive services activities may include, but are not limited to, provision.of the actual supportive.service (Le.* childcare); providing participants with a voucher for the service (i.e. public transportation cards or tokens); or providing a stipend directly to the participant. Applicants should note that where stipends for supportive services are provided, the stipend amount must be for costs of a specific supportive service (i.e. childcare), rather than simply based on an unidentified need. For the purposes of this SGA, grantees, using either training strategy, may use up to 10% of grant funds to provide supportive services only to individuals who are participating In 18 20A -29• education and training activities provided through the grant when: 1) they are unable to obtain such services through other programs, and 2) such services are necessary to enable individuals to participato in education and training activities under the grant. Grantees may establish limits on the provision of supportive services or provide their subrecipients with the authority to establish such limits, including a maximum amount of funding and maximum length of time for supportive services to be available to participants. *Grantees must ensure that their use of grant funds on supportive services is consistent With their organization's established written policy on the provision of supportive services and relevant WIA regulations.. Additionally, ETA encourages grantees to leverage other sources of funding for supportive services, including WIA formula funds. 8. Prohibition- on Use of Funds for Economic Development General economic development projects, including revolving loan accounts, do not meet the H -1 B requirements for training and development of job opportunities in high - growth industries and occupations. Examples of general economic development that may not meet this standard include but are not limited to infrastructure investments in businesses, increases in i .nv-entor_y_,_par-ticipatian-in_ trade_ shows,_ revolving- loan -accoun.ts� -new or- additional - equipment - -- used for purposes other than training activities, capital asset purchases, and other costs not specifically related to increases in actual job opportunities. 9. Sub -Grant Profit For commercial organizations, the earning of profit Is not an allowable cost item. For governmental, non - profit, and public or bon- profit educational institutions, earnings above actual costs incurred are to be treated as program income: Any program income earned must be used for program purposes. F. Other Submission Requirements Withdrawal of Applications: Applications may be withdrawn by written notice to the Grant Officer at any time before an award is made. Section V. Application Review Information A. Evaluation Criteria This section identifies and describes the criteria that will be used for each category to e evaluat grant proposals. The evaluation criteria are described below: Criterion Points 1. Statement of Need 30 2. Program Activities and Protect Management. 45 3. Outcomes 25 TOTAL 100 1. Statement of Need (30 points) 'H -1B technical skills training applicants must provide a clear and compelling description of the need for education and training programs in the industries and occupations for which they propose training in the State, region, or local area that will be served by the project. Applicants must demonstrate the need for the proposed project using data on the H -1 B sectors and 19 ��L A '� occupations (see Attachment A) in which they propose training Labor Market Information, consultation with local employe "rs and industry associations, and other related information. Points in this section will be awarded based on the extent to which applicants address the following factors: i.. Targeted Industries and Occupations (20 points) 1es or occupation(s) on which Applicants must identify the targeted high - growth industry(' ) the project will focus, an or describe, or local area t . be servedrby the project, employment well as the opportunities within the S education and skills required for w trio which meet the the applicant's employment discussion ofdthe following under actors is criterion will be based on the extent clear and logical: ry( Clear identification of theh that the industry and /or occupation is(one that ed by the project, Applicants must cite evidence employers currently seek H -1 B visas for and /or is an occupation cite along evidence that the industry the occupation or in the relevant industry. Applicants and /or occupation is high- growth according to one or more are- be;nli -tr-a nfo-rmed -by technology- - obs tthe- economy; g factors: 1) projected to- add- substantial- nuinbersw new j - and innovation requiring new skill sets for workers; 3) are new and emerging businesses that are projected to grow; or 4} have a significant impact on the economy overall or on the growth of o er to ustries and occupations; for ® Clear description of the lldfscuds /s oraro�theieducation and training requ r to naftafn in the industry/occupation and a lear degrees /credentials required for the targeted high - growth industry or the competencies, and . occupations; Clear identification of the average, current wages offered in the industry and/or, -occupation, based on national, state or local data; Clear description of the current and future workforce needed by the required employer(s) and /or employer cluster; and, Clear description of evidence that the local or regional employers face a gap in skills of the available workforce and ected demaildgor employment, including how that demand description of the current and. future prod Applicants should cite the source of the current and coincides with the proposed program. App employers, and other relevant projected demand, su ch as from DOL, State workforce agencies, employ sources. H. Targeted Population (10 points) Applicants must clearly identify tar eyed and the recruitment tmegy strategies that will be employed to characteristics and why they g attract sufficient number of participants to the grant program. App licants should make every effort to target and recruit minorities ilbased on he extent to which h the applicant's discgussion diversity. Scoring under this criterion of the following factors: demonstrates a comprehensive understanding• ® Clear description of the recruitment and selection process for program participants, employed and /or unemployed. If an applicant chooses to target long -term unemployed individuals, then the applicant must Include a discussion. about the outreach and recruitment that will occur to ensure that at least 75 percent of participants are long -term unemployed individuals; ® Clear description of the criteria -to be used to assess and enroll ividuan forr H-1 B the level education and training and a discussion of the role of the employ p ( ) 20 20A -31 selection, and a determination of whether the selection process might affect the diversity of the program; e Clear description of methods that will be used.to insure that a diverse and inclusive set of program participants will be recruited, identifying specific strategies of outreach to diverse populations that will be used, including the choice of the private or public partner In the proposal, particularly if the selection process might affect achieving -a diverse set of program participants; e Clear description of the prerequisites for the occupational training being proposed; the minimum educational level requirements proposed for trainees; and how these requirements position trainees to enter occupations,for which H -1 B visas are currently used and /or into the higher - levels of the career pathway (not entry- level); including a determination of whether the prerequisites might affect the diversity of program participants; e Clear description of the existing diversity of the workforce, and a clear description of how the proposal will maintain or improve the diversity of the workforce; and, ® Clear description of the commitment from employers to hire workers who successfully complete the program and the anticipated wages that participants may-expect to 2 Program Activities and Project Management (45 polnts) 'The applicant must provide a complete and clear explanation of the proposed training strategies, the proposed project work plan, the applicant's capacity to manage the project, and plans for project sustainability. Points for this criterion will be awarded for the following factors: I. Description of Training Strategy (15 points) Applicants must provide a description of the training strategy(ies) selected. Applicants must fully explain how each strategy will meet the skill needs of the targeted occupations) /industries, as described in the Statement of Need. Scoring under this criterion will be based on the extent to which applicants describe a training strategy which addresses the skill needs of employers) and the training needs of workers by discussing the following: Clearly identify the specific activities to be used in the proposed project, beginning with a description of the OJT or the other training strategy(ies) and how the selected project meets the requirements outlined in Section I.C; ® Clearly describe how the applicant and its required partners will develop and Implement the career training program(s), and ensure that work begins immediately to deliver training and assistance with job placement to participants; e Identify the degrees and industry - recognized credentials that will result from the training programs implemented by the project, or the specific documentation that you will gather from the employer(s) to validate the completion and attainment of the specific skills trainees obtained from training. Describe these credentials or skills in the context of how they fit the specific H-113 occupation or into those along the career pathway. The applicant must include a graphic display of the career pathway along which the. skills training will occur (this will not count against the 20 page limit);. and, e . Clearly explain how the proposed project will directly address the skills and training gaps identified earlier, allowing eligible participants to obtain employment or advance along the career pathway. • Clearly explain how the proposed project will help eligible participants to obtain employment or advance along the career pathway following exit from the program, including any activities that will be customized to long -term unemployed workers. Applicants may-cite related research showing that the proposed training strategies have positive employment impacts for participants, and applicants with experience providing the proposed training may cite data showing that the proposed training strategy has led to good jobs for participants. 21 ii. Program Activities (20 points) The applicant must present a corhprehensive description of program activities that aligns to the proposed description provided in response to Section V.A.2.1 of this Solicitation. Scoring under this criterion will be based on the extent to which applicants: 1) present a coherent and comprehensive program that demonstrates the applicant's complete understanding of all responsibilities and costs required to implement each phase of the, project within the timeframe of the'grant; 2) include feasible timeframes for accomplishing all procurement and other necessary grant start -up activities immediately following the grant start date; 3) include specific . timeframes for accomplishing the activities performed during operation; and, 4) explain how the costs in the proposed project work plan align' with the proposed budget, specifically the budget narrative, and are justified as adequate and cost - effective for the resources requested. Applicants must present either a table or a narrative that includes descriptions of the following: ® Activities: The applicant must identify the specific activities that will be funded through the grant, including the anticipated start date and end date for each activity to be funded. The activities should include descriptions, of the steps necessary to develop the training -- - that will - take - place,- the - specific tasks- and- mies- ofthe-- requir -ed- employer- par-tner-(s -) -the -staff — hiring process, the processes for recruitl6g and assessing participants, the implementation of the training. activities, the provision of any supportive services; the job placement assistance that wi e —provided to participants, and follow- p activities. Implementer(s): For each activity, the applicant must include the name of the organization that will be responsible for implementing the activity and the specific roles and responsibilities of partners, and the. expected contributions of each' partner organization and how they will support meeting the project's outcomes, which will all be confirmed through the organization's signature in the letter of commitment (see. Section 1V.B. Part 111); and, ® Costs: Applicants must describe how the budget dollar amount associated with each activity in the budget narrative is adequate to fund that activity. The applicant must also estimate the per- trainee cost related to each activity, including any relevant wage reimbursement. iii. Project Management (10 points) The applicant must fully describe its capacity to effectively manage the programmatic,. fiscal, and administrative aspects of the proposed investment. In addressing this criterion, applicants should provide: ® The professional qualifications that the applicant will require of the full -time project manager and demonstrate that these qualifications are sufficient to ensure proper management, including management of partner. activities; An organizational chart that Identifies all relevant leadership, program, administrative, and advisory positions and demonstrates that the project will be implemented through a comprehensive management structure that allows for efficient and effective communication between all levels of the project and across partner organizations; ® A description of the applicant's procurement processes and procedures including a description of the accounting system being used that demonstrates that the applicant is equipped to meet Federal, State (if applicable), and other relevant procurement requirements; and, ® If the applicant has previously closed down a training program, a description of how the applicant has closed down other training programs, either federally- funded or not, including a description of.how effective practices were integrated into general operations, how participants were able to access resources after the training program ended (if at all) or how the applicant secured resources to continue operations with a. different funding source. 22 411IM11119141 3. Outcomes (25 points) Applicants must provide projections lcant's projected outcomes will relevant to as the measuring as s outcome categories success or impact of the project. The pp labor for negotiating the outcome goals the the grant. Outcomes and used in eva�luatingb he applicani's'outcome market Information provided by goals. The applicant ther collect es�provided data on the grant. i This data receive the bas other is for and o reporting against the outcomes list�dabelow ant must collect additional outcomes participant-level data from through reporting requirements. A� pp the following categories: demographic and socioeconomic characteristics, services provided; and, outcomes achieved. The applicant must comprehensively address each of the areas outlined below: I. Pro ecte_ d Performance Outcomes (10 �ull ���, ---i' The. applicant must provide projections for the entire project and track outcomes quarterly for each of the following outcotegori participants served with grant 'proposal and counts against the page limit Attachment C), that is included within the technical prop (not the attachments to the technical pr of {nd {vidualtserved (employed /formatted cumbent and include each of the following projections for each type unemployed): Total participants served; ® Total participants beginning education/training activities; Total participants completing education /training activities; • Total participants who complete education/training activities that receive a degree, or other type of credential; o Total number of credentials each participant is expected ties who enter, unsubsidized ® Total participants who complete education/training activities employment. (If serving employed or incumbent workers, this outcome is not applicable because it should be the same as the pl(, number education/training educatioNtraining Ia e placed into a Total participants who comps employed quarters unsubsidized employment, et this includes an worrkers who retained theiropoitions after the .following initial placem program); and, ® The average wage that participants will earn at placement into unsubsidized employment (this includes incumbent workers who retain their, positions and get wage. gains after the program). ii. Cost per Participant and Ability to Report Outcomes (10 points) The applicant must provide a narrative that trateslthat the applicant will be able to provide impacted by the participants served and demon o pro information on participants to DOL during the grant. In addressing this criterion, applicants should provide: ® A description of how the cost per padiOfpl or another organizafion has aligns with similar training programs that the applicant, a partner conducted, including howthe cost amay e being be impacted a and,he characteristics of participants served and the Jobs for w , Y 23 20A -34 ® Ad scription of systems in place for tracking the participant characteristics and services provided to participants, the a{tainment of skills and the employment outcomes of participants throughout the life of the grant, including a description of how the applicant will collect data on employment outcomes of participants. B. Review.and Selection Process Applications for grant awards will be accepted immediately upon publication of this notice in the Federal Register with two .closing dates of June 2, 2011 and November 17, 2011. It is anticipated that review panels will convene to evaluate applications approximately 60 days after these two closing dates. Applications that focus on OJT will be reviewed separately from applications that focus on other training strategies. A technical review panel will carefully evaluate applications against the selection criteria. These criteria are based on the policy goals, priorities, and emphases set forth in this. SGA. Up to 100 points maybe awarded to an application, depending on the quality of the responses to the required information described in Section V.A. Applications that propose to implement OJT will be reviewed with other OJT applications, and applications that focus on other training strategies will be paneled with those proposing -to- implement- other - training- stl -ategies. — The ranked scores will serve as the primary basis for selection of applications for funding, in conjunction with other factors such as urban, rural, and geographic balance; balance across the allowable training strategies and activities under this SGA; balance across high - growth industries.and occupations targeted through this SGA, including emphasis on the health care industry; emphasis on serving long -term unemployed Individuals; the availability of funds; and which proposals are most advantageous to the government. The panel results are advisory in nature and not binding on the Grant Officer. The Grant Officer may consider any information that comes to his /her attention.. The government may elect to award the grant(s) with or without discussions with the applicant. Should a grant be awarded without discussions, the award will be executed based on the applicant's signature on the SF -424, including electronic signature via E- Authentication oin htip: / /www.gtgnts.gov, which constitutes a binding offer by the applicant. Section VI. Award Administration Information A. Award Notices All award notifications will be posted on the ETA Homepage (http : / /www.doleta.gov). Applicants selected for award will be contacted directly before the grant's execution. Non - selected applicants will be notified by mail or email and may request a written debriefing on the significant weaknesses of their proposal. Selection of an organization as a grantee does not constitute approval of the grant application as submitted. Before the actual grant is awarded, ETA may enter into negotiations about such,items as program components, staffing and funding levels, and administrative systems in place to support, grant implementation. if the negotiations do not result in a mutually acceptable submission, the Grant Officer reserves the right to terminate the negotiations and decline to fund the application. DOL reserves the right to not fund any application related to this SGA. B. Administrative and National Policy Requirements 1'. Administrative Program Requirements All grantees will be subject to all applicable Federal laws, regulations, and the applicable OMB Circulars. The grant(s) awarded under this SGA will be subject to the following administrative standards and provisions: i. Non - Profit Organizations - OMB Circular A -122 (Cost Principles), codified at 2 CFR Part 230, and 29 CFR Part 95 (Administrative Requirements) 24 20A -35 fl. Educational Institutions - OMB Circular A-21 (Cost Principles), codified at 2 CFR Part 220, and 29 CFR Part 95 (Administrative Requirements). iii. State, Local and Indian Tribal Governments - OMB Circular A -87 (Cost Principles), codified at 2 CFR Part 225, and 29 CFR Part 97 (Administrative Requirements). 48 CFR iv. Profit Making Commercial Firms'- Federal Acquisition Regulation (FAR) - part 31 (Cost Principles), and-29 CFR Part 95 (Administrative Requirements). v. All Grant Recipients must comply with the applicable provisions of The Workforce Investment Act of 1998, Public Law No. 105 -220, 112 Stat. 936 (codified as amended at 29 U.S.C. 2801 et seq.).and the applicable provisions of the regulations at 20 CFR 660 et seq. Note that 20 CFR part 667 (General Fiscal and Administrative Rules) includes unsuccessful applicant appeal information. vi. All entities must comply with 29 CFR Part 93 (New Restrictions on Lobbying), 29 CFR Part 94 (Governmentwide Requirements for Drug -Free Workplace (Financial Assistance)), 29 CFR 95.13 and Part 98 (Governmentwide Debarment and Suspension, and drug -free workplace requirements), and, where applicable, 29 CFR Part 96 (Audit Requirements for Grants, Contracts, and Other Agreements) and 29 CFR Part 99 (Audits of States, Local r.overn ments _and - Non- L'rofit-O.rganizaticins)— vii. 29 CFR-Part 2, subpart D —Equal Treatment in Department of Labor Programs for Religious Organizations, Protection of Religious Liberty of Department of Labor Social Service rove ers and ene caries. viii. 29 CFR Part 31— Nondiscrimination in Federally Assisted Programs of the Department of Labor— Effectuatlon of Title VI of the Civil Rights Act of 1964. ix. 29 CFR Part 32— Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance x. 29 CFR Part 35— Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance from the Department of Labor. A. 29 CFR Part 36— Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance. Al. 29 CFR Part 37 - Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Investment Act of 1998. xiii. 29 CFR Parts 29 and 30 —Labor Standards for the Registration of Apprenticeship Programs, and Equal Employment Opportunity in Apprenticeship and Training, as applicable. 2. Other Legal Requirements: I. Religious Activities The Department notes that the Religious Freedom Restoration Act (RFRA), 42 U.S.C. Section 2000bb, applies to all Federal law and its implementation. If your organization is a faith - based organization that makes hiring decisions on the basis of religious belief, it may be entitled to receive Federal financial assistance under Title I of the Workforce Investment Act and maintain that hiring practice even though Section 188 of the Workforce Investment Act contains a general ban on religious discrimination In employment. if you are awarded a grarit, you will be provided with information on how to reggest such an exemption. ii. Lobbying or Fundraising the U.S. Government with Federal Funds In accordance with Section 18 of the Lobbying Disclosure Act of 1995 (Public Law 104- 65) (2 U.S.C. 1611), non - profit entities incorporated under Internal Revenue Service Code Section 501(c) (4) that engage in lobbying activities are not eligible to receive Federal funds and grants. No activity, including awareness- raising and advocacy activities, may include fundraising for, or lobbying of, U.S. Federal, State or Local Governments' (see OMB Circular A- 122). iii. Transparency Act Requirements. Applicants must ensure that it has the necessary processes and systems In place to 25 20A -36 with the reporting requirements of the Federal Funding Accountability and Transparency comply Act of with (Pub. Law 109 -282, as amended by section 6202 of Pub. Law 110 -252) (Transparency Act), as follows: under sub ® All applicants, except'for those excepted from the TransparencyoA ses and - paragraphs 1, 2, and 3 below, ly ththe subawardaandeexecutive total compensation reporting systems in place to comply requirements of the Transparency Act, should they receive funding. reporting ® Upon award, applicants will receive detailed information on the re ndix A, which can requirements of the Trag websi y htt o:(ledocket.acdcess.0 oR ov 2010! dfp12010- df and be found at, the following w The following types of awards are not subject to the Federal Funding Accountability Transparency Act: ! for-or receive Federal awards as natural (1) Federal awards to individuals who apply persons (i.e., unrelated to any business or non- profit organization he or she may own or operate in his or her name); (2) Federal awards to entities that had a gross income, from all sources, of less than ' 300;000 -in the enthe require u reporting w —,and- if disclose classified information. (3) Federal awards, if the required reporting 3. Other Administrative. Standards and Provisions proposal and an Except as specifically provided in this SGA, DOLiETA's* acceptance of a prop award of Federal funds to sponsor any programs(s) does not provide a waiver of any g rant requirements and/.or procedures. For example, the OMB Circulars require that an entity's as much procurement procedures must ensure that all procurement transactions sal dentifies a specific entity o as practical, to provide open and free competition. if a prop provide services, the DOL's award does not provide the ju$tification or basis to sole ' k c an procurement, i.e., avoid competition, unless the activity is regarded as the primary official partner to the application. 4. Special Program Requirements I. Evaluation ETA plans to set aside aats nala portion ay ar a ge for or cornduct an Independent evaluation technical assistance and evalu acts of these skill training of the outcomes and benefits of the projects to measure the imp grants. outcomes accepting grant funds, grantees agree to participate in an evaluation s and funding ngbe selected to participate. Grantees must make records on participants, and to participants, as specified available and to provide access to program operating personnel after the period of operation. by the evaluator(s) under the direction of. ETA, including p C. Reporting ti requirements. - Quarterly financial reports, Grantees must agree to meet DOL reporting quarterly progress reports, and MIS dand documents I ta sted he grantee electronically. The grantee is required to provide the 1. Quarterly Financial-Reports A Quarterly Financial Stat us R � sEexpi ed.OQuarterlyr t reports are due 45 days after have been expended or the grant period 26 20A -37 the end of each calendar year quarter. Grantees must use DOL's Online Electronic Reporting System and information and Instructioris.will be provided to grantees. 2. Quarterly Performance Reports The grantee must submit a quarterly progress report within 45 days after the end of each calendar year quarter. The report rnust include quarterly information regarding grant activities. Grantees will be required to report on post - program outcomes for all participants, as well as on post- program follow -up and tracking activities for all participants, The last quarterly progress report that grantees submit will serve ds the grant's Final Performance .Report. This report should provide both quarterly and cumulative information on the grant activities. It must summarize project activities, employment outcomes and other deliverables, and related results of the project, and should thoroughly document the training or labor market Information approaches used by the grantee. DOL will provide grantees with formal guidance about the data and other information that is required to be collected and reported on either a regular basis or special request basis. Grantees must agree to meet DOL reporting requirements. -- Applicants must be prepared to follow Federal guldelihes.on record retention, which -require grantees to maintain all records pertaining to grant activities for a period of not less than ree years rom t e time o rna grant c ose -ou . Section VII. Agency Contacts For further information about this SGA, please contact Jeannette Flowers, Grants Management Specialist, Division of Federal Assistance, at (202) 693 -3322. Applicants should e -mail all technical questions to Flowers Jeannette@dol.goy and must specifically reference SGA/DFA PY 10 -13, and along with question(s), include a contact name, fax and phone number. This announcement is being-made available on the ETA Web site at http://www.d ol eta. q ov/qrant . and at http•/ /imww.grants.gov. Section Vill. Additional Resources of Interest to Applicants DOL maintains'a number of web -based resources that may be of assistance to applicants. For example, the CareerOneStop portal (http• / /www careeronestop.oiA), which provides national and state career information on occupations; the Occupational Information Network (O *NET) Online (http :! /online onetcenter.orq ) which provides occupational competencies and career profiles; America's Service Locator (http://www.servicelocator.orct), which provides a directory of our nation's One -Stop Career Centers; and My Skills My Future (http / /www mysl<i(Ismvfuture.org / }, which provides career exploration options based on past jobs and tools to compare careers, find training, and search for jobs. ETA recently unveiled a complementary, online tool called My Next Move which is aimed at providing jobseelcers with information on more than 900 occupations, as well as local job openings and training opportunities in a simple, user - friendly format. My Next Move is intended to assist all job seekers and may be especially helpful for students, young adults and other workers as,they explore potential careers based on their interests. - . ETA supports an Industry Competency Model Initiative to promote an understanding of the skill sets and competencies that are essential to an educated and skilled workforce. A competency model is a collection of competencies that, taken together, define successful performance in a particular work setting. Competency models serve as a starting point for the design and implementation of workforce and talent development programs. To learn about the' industry- validated models visit the Competency Model, Clearinghouse (CMC) at 27 20A -38 htt : / /www.careeronesto .or /Com 'etenols to build career C sites is for spec provides tools to tools or customize industry models, as well as to economies. ompetency Models both Career Clusters and Indusa not duplica 1 e The Career Clusters Iidnk to specific career technical competencies, but they pathways in sixteen career cluster are �aasurement criteria; scope and sequence nof courses inra curriculum performance objectives, m program of study; and development of assessments, information about the sixteen career accessing: www.careerclusters.or . cluster areas can be found by g' ETA has distributed an electronic Tuide to St to is design d tofprovidetano support analysis and informed decision making. to merit Notice understanding of State and local labor Market informatio/wo n Tra Wing and Employment on various topics for a wide variety of users. To view this guide No. 19 -10, please visit: http' / /wdr doleta.g .Qv/ directives /attachlTEN19- 10,Pf-. _ erection- IX .- OthEx_inforrnati.on---- - - - - -- OMB Information Collection No. 1225 -0086 livild 11 rsons are required to respond According to the Paperwork Reduction Act of 1995,.no pe to a collection of information unles� such of In is estimated to.a eoragei20 hours epj� Public reporting burden for this existing data sources, gathering response, including time for reviewing instructions, searching 9 and maintaining the data needed, and estimated completing anynother aspect collection of infortmation, Send comments about the burden e including suggestions for reducing this burden, Constitution he n A Dnpe NWn of Labo N1 301, attention of the Departmental Clearance Officer, _ dol. ov. Washington, DC 20210. comments, H1ntCOMPLETED APPLICATION TO THIS ADDR SS. SEND IT PLEASE DO NOT RETURN T TO THE SPONSORING AGENCY AS SPECIFIED IN THIS SOL{Cing aI The information This information is'being collected for the purpose of awarding grant. collected through this "Solicitation for Grant Applications" will be used by the Department of . Labor to ensure that grants are awarded to the applicant best suited to perform the functions of ation is required in order for the applicant to be considered the grant. Submission of this inform for award of this grant. Signed on May 2, 2011, in Washington, D:C. by: Thomas Martin Grant Officer, Employment and Training Administration lL '1', Attachment A: H-1 13 Visa Information Visit the Department of Labor's Foreign Labor Certification Data Center- Web site ( http :l/ www. flcdatacenter.com /CaseHlB.aspx) for the latest database of occupations approved under H -1 B petitions. Top 2010 H -18 Visas by North American Industrial Classification System (NAICS) Codes, Standard Occupational Classification (SOC) Code's, SOC Occupation Titles, and Annual Median Wage STEM— PROFESSIONAL, S AND TECHNICAL SERVICES MANUFACTURING : 31 —` ANNUAL MEDIAN SOC CODES Sot OCCUPATION TITLES WAGE 11 -1021 General and Operations Managers 92,650 29 20A -40 30 I 1 -1011 Chief Executives 160,720 11 -2022 Sales Managers 96,790 11 -3051 Industrial Production Managers 85,080 13 -1111 Management Analysts 75,250 13 -1081 Lo Isticians 67,960 17 -2112 Industrial Engineers 75,110 27 -1021 Commdrefal and Industrial Designers 580 27 -1022 ' Fashion Designers 64,260 27 -1014 Multi- Media Artists and Animators 58,250 rZDTTCA'1'f0NAL SERVICES (NAICS: 61) HEAL'T'H CARE AND SOCIAL ASSISTANCE NAICS: 62) SOC CODES • ANNUAL 11 -9111 Medical and Health Services Mana ers MEDIAN SOC CODES SOC OCCUPATION TITLES WAGE 29 -1069 Secondary School Teachers, Except Special > 166,400 25 -2031 and Vocational Education 52,200 -" -E emen ary School" -ea ches, ExcepiSpec al- 109,180 25 -2021 Education 50,510 25 -1071 Health Specialties Teachers Postsecondary 84,840 29 -1122 Foreign Language 'an iterature I eac ers, 69,630 25 -1 124 Postsecondary 56,740 25 -1011 Business Teachers, Postsecondary 73,320 25 -3099 Teachers and Instructors, All Other 31,540 29 -9099 Mathematical Science Teachers, 44,670 25 -1022 Postsecondary 63,640 25 -1032 Engineering Teachers, Postseconda ry 85,830 29 -1065 Middle School Teachers, Except Special and 152,240 25 -2022 Vocational 50,770 Special Education Teachers, Preschool, 25 -2041 Kinder arten 50,950 HEAL'T'H CARE AND SOCIAL ASSISTANCE NAICS: 62) SOC CODES SOC OCCUPATION TITLES ANNUAL MEDIAN WAGE 11 -9111 Medical and Health Services Mana ers 81,850 19 -1042 Medical Scientists, Except Epidemiologists 74,590 29 -1069 Physicians and Surgeons, All Other > 166,400 29 -1123 Ph sical ` fhera 'Ists 74,480 29 -1051 Pharmaclsts 109,180 29 -1063 Internists, General > 166,40D 29 -2011 Me ical and Clinical Laboratory Technologists 55,140 29 -1122 O4cu ational Therapists 69,630 29 -1111 Registered Nurses 63,750: 29 -1062 Family and General Practitioners 160,530 29 -1199 Health Diagnosing and Treating Practitioners, All 65,220 29 -9099 Healthcare Practitioners and Technical Workers, All Other 44,670 29 -1127 Speech-Language Patholo ists 65,090 29.1021 Dentists General 142,090 29 -1065 Pediatricians,. General • 152,240 20A -41 31 • I 20A -42 INFORNIA.TION AiCS:51 ANNUAL MEDIAN SOC CODES SOC OCCUPATION TITLES WAGE SOC CODES 11 corn uter and Information S stems,Mana ers 113,720 j -3021 15 -1021 Cc uter Program iers 70,940 77,080 15-1051 Cote uter systems Anal sis 1. 87 480 15 -1031 Corn uter Software En sneers, A Ilcations 60,610 13 -1199 Computdt Software Engineers, Systems 93,470 15 -1032 Software, Net and Computer Systems ! 13 -2099 Administrators (Intl, Computer Security ' 67 710 15-1071 specialists) Database Administrators 71 550 15 -1061 15 -2031 O eratioris Research Anal sts 70,070 —'— Computer Specialists, A!i Other (Includes Software (�ua_Ilty Assurance Enoine��$ aa71d— — — ---- _ Testers; Computer Systems Engineers /Architects; Network Designers; Web 010 15 -1099 Deve{o ers• and Web Administrators I Network Systems and Data Communications 73,260 j 15 -1081 15 -1041 Anal sts Com uter Support Specialists 44,300 Computer and Information Scientists, 101 570 15 -1011 Research , 87.210 • I 20A -42 FINANCE AND INSURANCE (NA_1LN:.L) ANNUAL MEDIAN SOC CODES SOC OCCUPATION TITLES WAGE 11 -3031 Financial Mana ers 190 71 750 13 -2051 Financial Analysts 75 250 13 -1111 Management Analysts 6Q�340 13 -2011 Accountants and Auditors 60,610 13 -1199 Business operations Specialists, All Other. 13 -2041 Credit Anal sts Financial Specialists, All Other 57,470 58 35C 13 -2099 • I 20A -42 Attachment B: Health Care Occupations 1. Allied Health The Affordable Care Act (ACA) defines the term "allied health professional" as meaning an individual who graduated with an allied health professions degree or ceriificate,*and is employed as an allied health professional in a health care setting. • The' Association of Schools of Allied Health Professionals expands upon its definition to include a cluster of health professions that covers as many as 100 occupational titles, and employment growth is seen for medical assistants, respiratory therapists, pharmacy technicians, emergency medical technicians, and clinical lab technologists working in hospitals, home health care, medical laboratories, and ambulatory care settings. Allied health specialties are likely to evolve over the next several years, and occupations in this complex sub - sector will continue to grow with the rest of the health care industry. Changes in the way that medical care is provided are producing substantial demand for technicians who can operate. advanced medical equipment. This Increasing demand will involve not only new facilities and services, but more employees needed. across a wide range of occupations requiring varying levels of education and training. _ — -1n- 201-0, -in- response -to - public.- comments - solicited . in -a- 2008- F- ederal- R-egiste"— oticerthe --� Bureau of Labor Statistics .(BLS) added Community Health Workers (CHWs) to the Standard Occupational Classification (SOC) system. Community health workers, also known as promo oras -or promo ores,. asses m vvi ua s an commune ies o a opt ea y e aviors, particularly in areas where substantial health hazards exist. Occupational growth for community health workers•is also projected as communities seek to build effective linkages with the health care system to provide health education and information, advocate for underserved individuals to receive appropriate services, and' build the capacity of the community in addressing health issues. ii. Nursing Recent trends in the delivery of health care services increasingly rely on highly skilled nurses working with allied health professionals in supporting clinical roles. Nursing roles range from primary patient care to case management and directing complex health care systems. Career pathway programs with articulated credit agreements can ease transitions for graduates of nursing education and training programs at community colleges, and help transfer students qualify for entry-level and mid -level nursing positions. Increasing demand for medical care, rehabilitation, nursing, and long -term care will broaden the range of healthcare occupations and require varying levels of education and training. With further education and training, Certified Nursing Assistants (CNAs), direct support professionals; home health aides, medical assistants, and personal apd home care aldes may advance to higher -level positions or transfer to new occupations within healthcare industry settings. Skill certifications and credentials may include licenses, certificates, and degrees from accredited nursing programs that lead to the Associate Degree of Nursing (ADN) or vocational licensure for Licensed Practical Nurses, and positions as CNAs. Career pathway programs can help individuals develop competencies that are relevant across a number of occupations enabling incumbent workers to advance from an ADN to the bachelor's degree in nursing (BSN). Iii. Health information Technology Health information technology (HIT) makes it possible for health care providers to better manage patient care through secure use and sharing of health information. Health IT includes the use of electronic health records (EHRs) instead of paper medical records to maintain people's health information. The Health Information Technology for Economic and Clinical Health (HITECH),Act seeks to improve American health care delivery and patient care through 32 20A -43 an unprecedented Investment in HIT,. The provisions of the HITECH Act are specifically designed to offer the necessary assistance and technical support to providers, enable coordination and alignment within and among states, establish connectivity to the public health community in case of emergencies, and assure the workforce is properly trained and equipped to be meaningful users of EHRs. The transition from traditional, paper -based medical files to EHR technologies will expand career pathways in health information'management and technology. HIT jobs will be created in hospitals, physicians' offices, home healthcare and outpatient clinics, and residential care facilities. Career pathway projects can support the health information workforce by using a variety of learning strategies for individuals who want.to specialize in the management of health information,. as well as workers who must use HIT to perform the duties of their jobs. 33 20A -44 (- ]I.LT{�.31111G:LLt t.. v .h 1 ! n r I .{� S t l r l 1✓ '' It i Pro ected *r r F 1.:. ,Pro ect ri ?✓. �}N,l ri[av S y - Fj`yi' 1V�'J11��e nenjpinye (�miloyed or � ' `� { ,i Oft (1I4! I• 1 { � !I 1 Y 3 } { 1. jr ; t T !'� J� rL r c h:r . �; 1{ ,.rl ll t} Y {15 jr l:, � 11t In ti � ) r. � t i.. 17.. i fy7�lU +i.. e�L 4 t•i ��:: i., 1f�:.,..r.,. t� ?rr :.•'.�I� L. •.0: r': ���.�.r.N .. I.tI..uJ� h.�R. a Y`r.(��.. -..r. .�C, ..�`, .�1i ,�.:.,.. •r... 4{.,.5 �. i a..: Total Participants Served Total Participants Beginning Education/Training Activities Total Participants Completing Education/Training Activities Total Participants Who Complete E ucatio raining Activities that Receive a Degree or Other Credential ' Total Number of Credentials Each Participant is Expected to Receive Total Number of Participants Who Complete Education/Training Activities who Enter Unsubsidized Employment Total Number of Participants Who Retain Unsubsidized Employmext in the First and Second Quarters Following Initial Placement Average Wage that Participants will Earn at Placement 34 20A -45 DEPARTMENT OF LABOR Employment & Training Administration Solicitatioi� for Grant Applications (SGA) [SGA- DFA -PY -10 -131 Amendment One H -1 B Technical Skills Training Grants AGENCY: Employment and Training Administration (ETA), Labor ACTION: Notice: Amendment to SGA/DFA PY 10 -13 SUMMARY: The Employment and Training Administration published a notice in the Federal Register on May 3, 2011, announcing the availability of funds and Solicitation for Grant Applications- (S-GA)for the- H -1-B- Technical- Skill,,T- r- aining -Gr- ants- to -be- awarded through a competitive process. This amendment to the SGA changes language in Section II.D.2 and clarification. The document is hereby'amended. Note that at the end of this Amendment, we have also added a clarification regarding whether incumbent workers are eligible for on-the-job-training under this SGA. Section III.D. 2, the following text should be replaced with the new text: Old Text -The Department is committed to conducting a transparent grant award process and publicizing information about program outcomes. Applicants are advised that their application and information related to its review and evaluation (whether or not the application is su(-,cessful) may be made publicly available, either fully or partially. In addition, Information about grant progress and results may also be made publicly available. New Text - DOL is committed to conducting .a transparent grant award process. and publicizing information about program outcomes. Posting grant applications on public websites is a means of promoting and sharing innovative Ideas. For this grant competition, we will publish the abstracts required by Section IV, Part Ilia, for all applications on the Department's website or similar location. Additionally, we will publish a version of the Technical Proposal required by. Section IV. Part II, for, all those applications that are awarded grants, on the Department's website or a similar location. No other parts of or attachments to the application will be publishgd. The Technical Proposals and abstracts will not be published until after the grants are awarded. In addition, information about grant progress and results may also be made publicly available. DOL recognizes that grant applications sometimes contain Information that an applicant may consider proprietary or business confidential information, or may contain personally identifiable information. Information is considered proprietary' or confidential commercial /business information when it is not usually disclosed outside your organization and when its disclosure is likely to cause you substantial competitive harm. Personally identifiable information is information that can be used to distinguish or trace an of birth, mother's mar {den such as name, name, social security number, date p biometric records, or other information tant.i Blinked linkable to an inforrnation�nd�vidua , such as medical, educational, finan , Abstracts will be ever, n order to ensue that originally confidential information s properly redactions. However, in protected from disclosure when Doll posts ehpostedlw II be asked or submit a applicants whose technical propo , ro rieta second redacted version of their Technical Psal, w orm ation confidential. commerciallbuslness, and personally if able f redacted. All non - public information about the applicant's staff shoo dte.chnicai removed as well. The Depart will contact the app 0 osals will be published by letter or email, and provide further cal Propost� al - -- bout- - pr p _l ow a . d whe to submit the redacted version oft e Submission of a redacted versi DOL the Technical s r redac redacted version. If an applicant permission by the applicant for p wi pu is e ai s o .prow e a re ac e version Uwe ec nica original Technical Proposal in full, after redacting personally dentifiable Y information. (Note that the original, unredt d -version n lud ng an applicant's will remain part of the complete application package, proprietary and confidential information and any personally identifiable information.) Applicants are encouraged to maximize the grant application information that will be publicly disclosed, and to exercise erec airbus ness information, or capable of truly is proprietary, confidential com a The redaction of entire pages or sections of the Technical identifying p Proposal is not appropriate, and will. not be allowed, unless the entire portion merits such protection. Should a dispute Cures outlined ed iri the Department's are appropriate, DOL will follow the p Freedom of Information Act (FOIA) regulations (29 CFR p art 70 ) Redacted information in grant applications will be protected by DOL from public disclosure in accordance with federal law, including the Trade If DOL receives a U.S.C. § 1905), FOIA, and the Privacy Act (5 U.S.C. § 552a). FOIA request for your application, the procedures in DOL's FOIA regulations for submitted to the responding to requests.for commerllials all FOIA exemptitons and procedures. 29 government will be followed, as we at,t possible ta application les CFR § 70.26. Consequet onin esponset s FOIArquest that applicant result in release of inform redacted in its "redacted copy." 1 Memorandums 07 -16 and 06 -19. GAO Report 08 -536, privacy: ao. Aftematives Exist for items d08536.pdf. Enhancing Protection of Personally Identifiable Information, May 2008, http:Ilwww.g 9 The Department notes that a Federal agency cannot conduct or sponsor a collection of information. unless OMB approves it under the Paperwork Reduction Act of 1995, (PRA-95). In addition, notwithstanding any other provision of law, no person shall be subject to penalty for failing to comply with a collection of information if the collection of information does not display a currently valid OMB control number. When the Department originally published this SGA, OMB had approved an average burden'of 20 hours per grant. The Department has requested 'OMB to approve the additional burden imposed by this transparency provision under Control rst o8 Department i a separate n o ice n the Fe ea Rda anounc ng theesult of that OMB —, review. - — CLARtFtCATIIIN: • ETA Ass istant Secret =on-the-jo ur4wA�e-y incumbent workers arel le a training (OJT); however, incumbent workers are not eligible far OJT. under this SGA, and the specific language of the SGA controls this question. Additional questions and answers from the webinar and from universal parties will be available at www.doleta.gov/grant/find grants.cfm. FOR FURTHER INFORMATION CONTACT: Jeannette Flowers, Grants Management Specialist, Division of Workforce System Federal Assistance (202) 693 -3322 or flowers leannettando {.qov. Signed at Washington, D.C., This 9th day of May, 2011 Thomas Martin Grant Officer, Employment & Training Administration r 1 • li It' Lei AL (The'awardee's technical proposal is incorporated as the Statement of Work. If there -is a-discrepancy between.this technical proposal and any DOL guidance or cost principle; the- DOL guidance or cost principle will prevail: The grantee mint confirm that all costs are allowable before expenditure:) DOL SGA- DFA- PY -10 -13 Orange County Bridge to Engineering Project Abstract i 1) Project name: Orange County Bridge to Engineering (OC B2E) j 2) Lead applicant: City of Santa Ana; fiscal agent for the Santa Ana Workforce Investment Board. Federal Tax Identification Number: 95- 6000785 Educatioa partners Saddleback (SB) and Santa Ana (SAC) Community Colleges, California State University Fullerton (CSUF), University of California Irvine (UCI); business related porlprofrts OCTANe and Autodesk Manufacturers Users Group of Orange County; workforce parWerSanta Ana WIB; also statewide workforce intermediary Growth Sector. 3) City /State: Santa Ana, California, 4) Targeted high - growth occupation: Engineering Related occupations from the H -1B visa lists: SOC Code SOC Occupation Titles 17 -2031 Biomedical Engineers 154031 Computer Software Engineers, A lications 15 -1032 Computer Software Engineers, systems Software 15 -1099 Computer Specialists, All Other (includes Software Quality Assurance En ineers and Testers; Computer Systems En •neers /Architects and more 17 -2071 Electrical Engineers 17 -2051 Civil Engineers 17 -2199 Engineers; All Other 17 -2061 Computer Hardware Engineers 5) Funding level requested: $5,000,000. No rnatch•required. 6)'Summary of program activities: The Orange County Bridge to Engineering (OC B2E) project will provide intensive, cohort -based learning communities that will increase the participation of underrepresented minorities -and women in engineering and increase the supply of qualified engineers in Orange County. Our needs analysis shows that most community college students, whether dislocated workers returning to school or. young adults who have been unemployed or underemployed, do not have the math skills to enter an engineering major or any other technical, science or math major, OC B2E is based on a successful cohort and bridge model which is currently i being implemented for dislocated workers in the Bay Area. OC B2E combines O%iopportuajacs Page 1 of 2 i gll _ A ' DOL SGA- DFA- PY -10 -13 Orange County'Bridge to Eng(neering in engineering for all participants with intensive'academic coursework, dedicated support and mentoring, and a replicable, accelerated bridging curriculum to ensure that unemployed adults can succeed in engineering - 'required math and science courses within nine months of enrollment. Santa Ana and Saddleback Community Colleges will each recruit and enroll one cohort of 35 students per year for the first three years of the grant. Each coh4xt will work with a full-time Student Support Specialist based at their college; receive intensive academic tutoring and study skills, participate in hands -Qn Summer Engineering Institutes, and be placed in an OJT after they have completed lower - division engineering requirements. OC 132E will also assist cohorts in transferring to 'a four -year university to receive a B.S. Meanwhile CSUF and UCI will recruit an- average of 10 engineering students per year from among their student body to receive additional academic support, counseling, transfer assistance, an OJT placement, and access to Summer Engineering Institutes. Canada College and San Francisco State University will provide technical assistance in implementing the Bridge to Engineering accelerated, contextualized math /science curriculum. OC 13211 addresses Southern California employers' acute need for highly skilled engineering graduates and accelerates students into articulated engineering pathways between community colleges and the California State University and University of California systems. OC 132E results in a Computer Assisted .Drafting (CAD) credential for a1C program com Peter s. OC B2E will give unemployed adults a supported opportunity to progress from pre - college math to a B. S. in Engineering within five years. 7) Eligible participants to be served: Unemployed adults, specifically targeting underrepresented minorities (Mexican Americans and African Americans) and women. 8) Public contact information where grantee wants public inquires to be addressed (may be an email, website, or phone number). Carlos de la Riva, Economic Development Specialist at City of Santa Ana, Phone: 714 -565 -2629 Email: CDelarivaQSanta -ana -cry 20A-51 Page 2 of 2 DOL SGA- DFA- PY -10 -13 Orange County Bridge to Engineering Technical Proposal The Orange County Bridge to Engineering (OC B2E) partnership, with the Santa Ana Work- force Investment Board (SA WIB) as the lead applicant, brings together Saddleback (SB) and Santa Ana (SAC) Community Colleges, California State University Fullerton (CSUF), University of Cali- fornia Irvine (UCI), and statewide workforce interinediary Growth Sector. OC B2E will provide in- tensive, cohort -based learning communities that will increase the participation of underrepresented minorities and women in engineering and increase the supply of qualified engineers in Orange County. Canada Community College and San Francisco State University (SFS'U) will provide techni- cal assistance in implementing the Bridge to Engineering model, based on a similar cohort and bridge model which is currently being implemented for dislocated wotkets in the Bay Area. OC B2E addresses Southern California employers' acute need for engineering graduates, pro- vides OJT opportunities in engineering, and accelerates students into articulated engineering path- ways that exist between- community colleges (CCs) and the California State University and University of California systems. Recognizing that lack of math skills is a significant barrier to entry to engi- neering careers, OCB2E incorporates an intensive math Bridge that enables students to cut math remediation time from 2' /z years to nine months. Building on this Bridge, OCBM willglve un- employed adults a supported oppottu -aity to ptogtess from pte- collegemath to a B.S, in Efi- gr`rleeting within Five years. 1 Statement'of Need i. Targeted Industries and Occupations Targeted high - growth occupation(s): The OC B2E partnership is targeting engineering oc- cupations as listed in Table 1, below, which are in high demand among Orange County employers, as well as in neighboring Los Angeles and San Diego Counties Evidence of demand among employers requesting H1B visas: Table 1 shows that all of the occupations we are targeting are listed as top HlB occupations by the Department of Labor's Foreign Labor Certification Data Center and summarizes projections for future employment in Page 1 of 20 DOL SGA- DFA- PY -10 -13 Orange County Bridge to Engineering these occupations in California, which indicate moderate to strong growth in each field'. Tahle 1. Targeted Occupations Amona Ton H1B Occuaations SOC Cote SOC.Occupation Titles' : CA Emplgyment Growth 2008,18 Annual Me than Wage.:, 17 -2031 Biomedical Engineers 2,500 $78,860 15 -1031 Computer Software'En ineers, Applications 25,200 $87,480 15 -1032 Computer Software Engineers, Systems Software 18.900 $93,470 15 -1099 Computer Specialists, All Other (includes Software Quality Assurance Engineers and Testers; Computer Systems Engineers /Architects and more 5,000 $77,010 17 -2071 Electrical Engineers 4,300 $83,110 17 -2051 Civil Engineers 6,600 $76,590 17 -2199 Engineers, All Other 700 $89,560 17 -2061 Computer Hardware Engineers 2,200 $98,820 The demand for. engineers in all areas of specialization is high both in California and among employers requesting H1B visas, and OC B2E will enable participants to transfer from CCs through pre - articulated pathways to a wide range of engineering programs at a number of California State University (CSU) and University of California (UC) campuses. Enginceringis high growth according to all of the factors gamed in the SGA: 1) It is projected to add substantial numbers of new jobs to the economy - well over 50,000 in California by 2018, according to the state EDD LMID. 2) It is being transformed by technology and innovation requiring new skill. sets. Engineering is constantly transforming itself through innovation and new technologies, requiring new skills for incumbent workers as well as constant evolution of engineer- ing curricula for those being.frained for engineering careers. 3) It includes a wealth of new and emerging businesses that are projected to grow. One of our employer association partners is OC- TANe, the Orange County networking association for the technology industry, with over 100 small business members (fewer than 100 employees). 4) Engineering has a significant impact on the econ- omy overall and on the growth of other industries and occupations. Many economists believe that innovation drives economic growth. Carl Schramm, who heads the Kauffman Foundation, a leading think tank studying entrepreneurship, told a Forbes contributor in October 2010, "The single most I California Employment Development Department (EDD) Labor Market Information Division (LMID). Page 2 of 20. 20A -53 DOL SGA DFA- PY -10 -13 Orange County Bridge to Engineering important contributor to a nation's economic growth is the number of startups that 'grow to a billion dollars in revenue within 20 years. "z Engineers -- the bridge between scientific theory and business practice -- are what drive startups. Skills, credentials, education and training necessary for entry into or retention in engi- neering: Generally, employers are seeking a Bachelors of Science degree in Engineering. In addition, OCTANe's employer members are telling Executive Director Matthew Janusaids that new engineer- ing graduates who have had hands -on workplace experience and have worked on projects in teams are their preferred candidates. Average, current wages offered in the industry and /or occupation, based on national, state or local data. See Table 1, above. Current and future workforce needed by the em- ployer(s). Table 2 includes projected workforce needs for selected engineering occupations in Or- ange County. Evidence that o n-1-1-1 Wn A fnrpa niap,iq nranne County Tech Employers laWe4.tUIIGntocrIuctt,ouYYV41 \I .VV. - - _dd Occupation Tiles Average An _ nual0pen ins "Projected 2008 2018 0 enin s_; Biomedical Engineers 33 340 Software Engineers, Applications 181 1,310 -Computer Computer Software En ineers, Systems Software 195 1340 Industrial Engineers 108 420 Computer Hardware Engineers 64 200 Electrical Engineers 43 50 Civil Engineers 204. 1,220 employers face a skills gap and.training gap. In Science, Technology; Engineering, and Mathe- matics (STEM) fields, our nation's public education system is failing students, particularly low- income students of color. The National Academies deport that: "Underrepresented minorities - including African Americans, Hispanics, and Native Ameri- cans - comprised just over 9% of minority college - educated Americans in science and engineering occupations in 2006, the report notes. This number would need to triple to match the share of mi- norities in the U.S. population. And to reach a national target that 10 % of all 24- year -olds hold an 2 Kartgard, R. "What Grows An Economy," binovation Rules, Forbes, http: //I togs.forbes.canZrichlcarlgglyd/ 2010 /10/20 /whet- grows -an- economy/ accessed 5/9/11. Page 3 of 20 20A -54 DOL SGA- DFA- PY -10 -13 Orange County Bridge to Engineering undergraduate degree in science or engineering disciplines, the number of underrepresented minori- ties would need to quadruple or even•quintuple.i3 Women are also underrepresented in STEM majors, a trend that starts in high school. Of the 1.39 million average PSAT takers each year from 2003 -2007, only 2% of girls stated interest in an engineering major, compared to over 15% of boys. At Canada College, which has Worked with San Francisco State to help develop the Bridge to Engineering model, among students with declared STEM majors, incoming Mexican American and African American students have the highest per- centages of students placing into Pre - algebra, indicating that they need additional preparation in math to enable them to enter and succeed in calculus at the college level. According to Canada engi- neering professor Dr. Amelito Enriquez, an OC B2E instructional design team lead; "Most STEM majors require two years of courses that include calculus and physics. A student who starts at Pre - algebra has an additional two and a half years of mathematics before they are ready for Calculus. Hence, for Mexican American students at Canada who want to major in en- gineering, 34.5% of them would need at least three and a half years, 24.1 %would need at least four years, and 31 % of them would need at least four and a half years in a CC hefote they can even transfer to a four. -year university." The burdens of an additional 2.5 years of developmental math - which many students find humiliating and discouraging - are not conducive to underrepresented minorities' success in STEM majors, The Dean of Business and Engineering at Saddleback College says, "At Saddleback College over the past several years, on average 70% ofentedpg students are deficientin xmadi or English and are not able to take a transferable, college level course in either subject without prior remedia- tion." 'Tracking students through traditional developmental math classes takes too long and loses too many students along the way.' There is a clear need for a pathway that combines accelerated math with support services to retain students and promote transfer to four -year engineering programs. 3 "U.S. Must Involve Underrepresented Minorities in Science and Engineering To Maintain Competitive Edge," News from the National Academies, Sept 30, 2010, hM;// www8. nationalacademies. org/ onpine ws /newsitem.aspx ?ltecosd1D =12984 accessed 3/22/11 4 Hern, K., 2010, ExponentialAttrition and the Promise ofAcceleratiat In Developmental English and Math, Chabot College. Page 4 of 20 20A -55 DOl_ SGA- DFA- PY -10 -13 Orange County Bridge to Engineering ii Targeted Population Recruitment and selection process for program participants. The OC B2E recruitment process will include a multi- partner outreach campaign that encompasses One -Stop Career Centers, CCs (both our partner colleges and the other colleges within their districts), including their veterans' programs and centers, and EDD Veterans Services. A Student Support Specialist hired for this pro- ject will coordinate outreach and recruitment with partners and the Project Director, make presenta- bons,. and meet one -on -one and in groups with prospective students. While we are not specifically targeting long -term unemployed individuals, 47% of all unem- ployed workers in the state have been unemployed for 27 weeks or more, and over 400,000 Califor- nians have exhausted their 99 weeks of unemployment benefits.' We will target the unemployed, long -term unemployed, and underemployed workers who are committed to a major career shift. We will- also particularly target disadvantaged adults with little significant workplace experience. Criteria used to as and enroll individuals for H -1B level education and training. Participants will need to have at least a high school diploma or GED; test into at least 8"' -9th grade reading and math level, and demonstrate commitment tq the OC B2E cohort model. Recruitment and orientation will stress the year -round commitment to coursework, summer institutes, and a third -year paid practictun (OJT) concurrent with a full academic load: A Steering Committee will advise the CC partners on candidates for inclusion in OC B2E. Role of the employer partner(s) in participant selection. The OC -B2E will prioritize mov- ing students from pre - algebra math skills to completion of UC /CSU transfer requirements in no more than three years. Employer partners will be interviewed regarding skills and attributes that en- able an engineering student to make a successful transition to the workplace. Those employers who sit on the OC B2E steering committee will have direct input into participant selection Diversity: Existing diversity of the workforce, whether the selection process might af- fect program diversity; how the proposal will improve the diversity of the workforce; meth- 5 CA EDD LMID, California Labor Market Review, March 2011. Page 5 of 20 20A -56 DOL SGA- DFA- PY -10 -13 Orange County Bridge to Engineering ods to recruit diverse participants. The existing engineering pipeline nationally is heavily skewed toward Caucasians (68 %), Asian Americans (10 %) and foreign nationals (5 %)G The large majority of engineering students are male (83 %). As the percentage of Latinos grows in California, and the per- centage of women in higher education also increases, increasing workforce diversity is vital to the state's economic competitiveness. OC B2E has two major aims: (1) to increase the supply of qualified engineers in the Southern California workforce, and (2) to create a pathway to engineering careers that is accessible to and sup- portive of underrepresented minorities (particularly Latinos) and women, Therefore, increasing the diversity of the workforce through recruiting and enrolling Latino, African- American, and female unemployed and dislocated workers will be a primary focus at every level. The beauty of the Bridge to Engineering model is that it creates access for students whose path to STEM majors and careers has been barred by poor math preparation at the secondary level. OC B2E reaches beyond the tiny minority of graduating high school seniors who are prepared for college calculus and opens the pathway to'all adults. Selection of OC B2E participants, then, will positively affect the diversity of the program. We anticipate serving approximately 290 students over the four years of the H1B grant. We aim to recruit at least 100 Latino and African- American participants and at least 100 female partici- pants through active outreach and recruitment to Orange County One -Stop Career Centers, veter- ans' service organizations, incoming CC students, and current students who are participating in Ex- tended Opportunity Programs -and Services Table 3. Student. Demo ra hies at OC B2E CCs (POPS), Puente, and other programs de- signed for academically and /or economically disadvantaged students. Our partner colleges in OC B2E are G National Science Foundation 2008 enrollments in engineering. Women, Minorities, and People with Disabilities in En- gineering,htto• / / /_� wRn vnsfnsgov/ stadsticthvmpd /tables.cinaccessed 5/23/11. Page 6 of 20 20A -57 Santa Ana 'Saddleback African American 2% 10/. Asian/Filipino 14% 10% Latino 47% 12% White 29% 56% American Indian 1% 1% Other /Multiracial /Unknown 8% 19% Female 46% 60% G National Science Foundation 2008 enrollments in engineering. Women, Minorities, and People with Disabilities in En- gineering,htto• / / /_� wRn vnsfnsgov/ stadsticthvmpd /tables.cinaccessed 5/23/11. Page 6 of 20 20A -57 DOL SGA- DFA- PY -10 -13 Orange County Bridge to Engineering . each well positioned to recruit and serve cohorts of diverse participants. As shown in Table 3, La- tino students are a large plurality of Santa Ana's student population. Santa Ana is a federally desig- nated Hispanic Serving Institution and is working with the K -12 system and CSU Fullerton, as well as with UCI, to boost enrollment by underrepresented minorities in STEM curricula. CSU Fullerton titution. Saddleback in Mission Viejo, 20 miles south of is also a designated Hispanic Serving Ins Santa Ana, tends to serve a more affluent and more white student body. Its student population is 60% female. However, only 10% of students in Saddleback's Engineering 101 classes are female. Prerequisites for proposed training; minimum educational requirements for trainees; how these requirements position trainees to enter H1B occupation. As noted above, all high school graduates /GED holders with an interest in and commitment to the program will be eligible to apply. The Core Engineering Bridge positions trainees to enter the articulated engineering path- ways and enter engineering occupations at a professional level. Employers' commitment to hire program; anticipated wages graduates. OCTANe em- plovers have indicated strong interest in potentially hiring OC B2E graduates, who will be prepared to enter H1B engineering occupations at annual wages of $65,000-$75,000 /year. The attached. Letter of Commitment, representing more than 17 employers, demonstrates that employees are eager to hire third -year OC B2E students through OJT contracts and maintain successful OJT trainees as employees for at least one full year. We anticipate that wages for OJT placements will average $17 /hour for positions such as Engineering Technician Trainee and Computer Assisted Drafting Trainee. 2: Prograrh� AcfivitI ' , a . toibct M:anagemenfi i Description of Training Strategy The OC B2E project meets the requirements outlined in Section I.C. (11 It tareets sl�i]ls and com etencies in demand by industries and occu ations for which em' to ers are using H -1B visas to lure foreign workers as illustrated in Table 1; () it ur� ovides education and training for jobs currently available (Table 1); and Jai t results in an industry recognized credential. AU.00 B2E participants Page 7 of 20 . 20A -58 Orange County Bridge to -Engineering DOL SGA-DFA-Py- 10- 13 complete the rogram will. receive a Computer .A�ded Drafting (C�) certification as part of who comp P their lower- division engineering coursework, Recruitment and outreach will begin immediately upon notification of the grant award, utiliz education pro - strategies outlined above, so that the first cohorts can begin their intensive ing the g gram in January 2012: See the timeline /work plan in section ii for details ies each based on evidence Training strategies. OC B2E incorporates a wide range of strateg , in supporting : an integrated bridge to math . of effectiveness pp orting our target population. These include- competencies, tutoring, acceleration, contextualized learning, cohort -based learning communities, mentoring, interactive learning, academic support, and individualized case management support. OC B2E c ohort recruits 35 er CC er ear for Years 1 -3 will receive extensive assessment ' the weeks riot to .the launch of their cohort classes, which will begin with the nine -month Core in P E_ineerin Bride component The Coxe Engineering Bzidge will give students in all cohorts 24 college credits of math and g eneral education, as outlined in the attached B2E Project Flow Chart. It will also include an Intrnon duction to Engineering Careers workshop created by CSUF, field trips and other career e.xp ota , and math skills instt2iction that is accel_ e_rated and coiitextuah& to the engineering field. -week Math am, an intensive mathem The Core Engineering Bridge Na start with the two to ics ram designed to improve xo students' preparation for college level math courses. Imple program tion of Math Jam over the last two years at Canada College has shown success in improving student p erforrriance in the math placement test, and success in creating a sense of community among pro- we ram participants. An analysis of student academic performance in subsequent semesters shoo significantly higher gram and retention rates among Math Jam participants compare to n as well as a significant increase in enrollments in STEM courses, especially among mi- participants, no students. Ace el_ Ei_ •anon. has shown great promise in moving academically under- prepared stud will include a through challenging college coursework while reducing attrition. The B2E program Page 8 of 20 20A-59. Orange County Bridge to Engineering DOL SGA- DFA- PY -10 -13 olle e Al g, Trigonometry, and Pre - Calculus. Our curticu- nine -month Intensive Math course. C g $ design advisors agree that nine months is the optimal balance between compressing the time lum gn information. The BZE needed and allowing students to process and retain the new also contextual- needed xtual_ , izes learning with introductions to engineering and STEM careers, job shadowing, and field trips. The cohoi._ 't_ mo - -del has been part of many successful accelerated academic programs, including rri developed by OC B2E intermediaries Growth Sector kn p a BioTech Gateway pxogra artnership d with northern California WIBs and colleges. This program won a Recognition of Excellence Award for the core math and scienc from US DOL. This grant will. cover cohort instruction e required for lower - division engineering majors. Each cohort will be supported throughout the program by assiened tutors /mentors who will oughout assist participants in mastering course materials and study skills• All tox tutors /mentors will receive tu�ll training through a Coklege Reading and Learning Association certified program. Tutors /mentors receive additional training and counseling at each college, to enable them to mentor and support i I effectively. Participants andtutors /mentors will work collaboratively to project participants more I learn study and networking habits, reinforcing material from core courses by practicing problem - solving techniques. Interactive learning vaill also be the core bf OC B211 Summer En . ineerin Institutes (SEIs), conducted by RapidTech. RapidTech's six -week SEIs will feature advanced manufacturing tech- d nologies such as 3D printing, along with opportunities for OC B2E students to apply the math an engineering skills and concepts learned in the classroom. Transfer Assistance. OC B2E is currently working on guaranteed admission agreements for qualified OC B2E graduates? to engineering programs at UCI and CSUF. These institutions already have similar agreements in place as part of other programs encouraging transfers8, and the OC B2E Steering Committee will finalize agreements specifically designed for our program. 7 Students will need to complete required coursework with a pre - determined minimum GPA. s Santa Ana IAdelantel, which guarantees admission to CSUF for qualifying Santa CSUF SAC, SAUSD, and the city ofSD) students, is an initiative of the Santa Ana Partnership, formed in 1983 by UCI, Santa Ana to elevate academic achievement and college -going throughout the greater Santa Ana area Page 9 of 20 Orange County Bridge to Engineering DOL SGA- DFA-PY-10 -13 have dedicated access" to college counselors paid for In addition, OC B211 students will rk with them in planning their transfer to CSUF, UCI, CSU Long Beach, throu g h the grant, to wo rogram. While many core math and science Cal Poly Pomona, or another four -year engineering p courses are needed by all OC B2E students regardless of upper - division plans, some engineering sfer re uirements are different depending on the individual institution and program. Students trap q will also have the opportunity to attend UCI's Summer Scholars Transfer Institute (SSTI), a unique residential program made possible through collaboration between SAC and UCI's Centex for Educa- ot the UCI dorms and can complete an intensive UC transfer- tinal Partnerships. Participants stay a cess to UCI computer able course in 10 days. In addition, students have ac and library facilities. d Funds have been budgeted to suppor t student participation in SSTI throughout the grant peno CtrenA' he iii+ and c „nr,t)rt11nQ existing e In addition to our OC B2E cohorts, we axe a so _— „rPrina tiath students pursuing engineering degrees. This strat- ways for current CC, CSUF, and UCI fied by faculty as needing aca- egy will include; additional tutoring for engineering students identidvanced students, dedicated college academic counseling, access demic support, mentoring by more a gineering Institutes and SSTI, and opportunities for OJT placements pnox to an d ter transfer to CSUF or UCI. This strategy, Strengthens connections among the CCs, CSUF, and UCI around supporting engineering students in persisting, transferring, and achieving an Engineering degree; Builds interest and enthusiasm among area employers in Years 1 and 2 of the program, be- fore our three cohorts of 70 students start to need OJT placements in Years 3 and 4, and ■ Enhances the wozkplace readiness of selected CSUF and UCI engineering graduates as early as Year 2 of the program. OC B2E- supported students will have Summer Erigincering Insti- tutes, OJT work experience, and additional counseling to prepare them. s Moves OC B2E graduates into the workforce by the end of program Year 2. OJT Strategies. The Program Director will work with employer partners and college partners to place each student in an OJT opportunity with an.Orange County technical employer.'UCI's Stu- page 10 of 20 20A -61 DOL SGA- DFA- PY -10 -13 Orange County Bridge to Engineering dent Achievement Guided by Experience (SAGE) Scholars program, OCTANe, and the Autodesk Manufacturing Users Group (AMUG) of Orange County will all serve as sources of OJT place- merits. All OJTs will last for a minimum of 26 weeks and include an individualized learning plan'for the trainee, signed off by 'the placement supervisor. SAGE Scholars will provide OJT placements, business readiness classes, and mentori_ng for UCI students in Years 1 -4. In Years 1 -3, SAGE will recruit from among the UCI engineering stu- dent pool, focusing on underrepresented minorities and women, and in Year 4, SAGE Scholars will work with the first OC B2E CC transfers to UCI. (SAGE Scholars places UCI students, primarily first- generation college - goers, in work experience related to their field of study, with companies such as Broadcom, Abbott Medical Optics, Parker Aerospace, Western Digital, and Medtronic.) OCTANe and AMUG will both be subcontracted partners in OC B2E, charged with recruit- ing employer members to provide OJT placement opportunities for OC B2E CC cohorts and CSUF engineering students. OCTANe has already lined up OJT slots with Allergan, Aubrey Group, Bausch & Lomb Surgical, Emulex, Experian, Intersect Partners, Med Focus, Microsern , Sequent Medical, Source Scientific, Vertos Medical, Edwards and others. AMUG has been brought into the partnership more recently but anticipates strong interest in placing engineering students in OJTs. Table 4. OJT Proiections Year OJTs Recruited From;;. °; ; :; # Year 1 CSUF and UCI current engineering students 16 -20 Year 2 CSUF and UCI current engineering students 20 -30 CSUF and UCI current engineering students, Santa Ana College and 70 Year 3 Saddleback College OC B2E Cohort 1. -85 CSUF and UCI transfers from OC B2E Cohort 1 Santa Arta College 140 - Year 4 and Saddleback College OC B2E Cohorts 2 & 3. 170 Total (All students who persist in OC B2E will receive OJT opportunities. 235- 0 Ts Range in number of placements reflects projected attrition) 280 How applicant and partners will develop and implement the career training pro- gram(s). OC B2E is adapting cohort and bridge models that have worked successfully in the past through gateways to bio -tech, energy, and utility careers, and in current pathways to teaching. In ad- dition, Growth Sector and Bay Area workforce partners are currently developing a pathway to engi- Page 11 of 20 �11 0 '% DOL SGA- DFA- PY -10 -13 Orange County Bridge to Engineering neering for dislocated workers at' Chabot College in Hayward. Articulation pathways for engineering have already been developed among many community colleges and CSUs, in part funded by a grant from the Bechtel Foundation in collaboration with -the CSU Chancellor's office. SFSU is currently working with Chabot College to develop the Core Engineering Bridge curriculum and adapt it for students who test into pre - algebra levels. SFSU and Canada College will provide technical assistance to SFSU, Saddleback and Santa Ana in integrating the Math Jam model into the early weeks of the Core Engineering Bridge. CSU Fullerton and UC Irvine will also participate in the development of additional articulation agreements for biomedical and computer engineering pathways that start with the community colleges. Ensuring that work be immediately to deliver training and assistance with job placement to participants. OC B2E, while it involves longer -term academic education, has a strong workforce development focus exemplified by employer Work Readiness components of OC B2E, including job shadowing and field trips to companies that employ engineers in varying special- ties. Work readiness will start at the launch of each cohort's OC B2E -experience with an engaging "Orientation to Engineering," field trips and guest speakers from industry, coordinated by Rapid - Tech. Work readiness will also include workshops on researching, applying for, and interviewing for jobs; communication, conflict management, teamwork, and other workplace readiness skills, pro- vided through our WIB partners. Our OC education partners will begin placing engineering students in OJTs starting in Year 1, working with students who have completed their first two Years of engineering requirements at CSUF and UCI. OCTANe will dedicate staff time to member outreach, OJT coordination, and work experience coordination among its members from the outset of the grant: SAGE Scholars Program at UCI will also be subcontracted to place UCI students in OJTs with its employer partners, while CSUF will work with OCTANe and AMUG. Degrees and industry- recognized credentials. All OC B2E graduates will xeceive a certifi- cation in Computer-Aided Drafting (CAD) and an associate's degree or completed transfer requite- Page 12 of 20 20A -63 Orange County Bridge to Engineering DOL SGA- DFA- PY -10 -13 ments to the CSU /UC systems. Completion of the associate degree in engineering can also provide the necessary background for employment as a designer, technician, or engineering assistant. . Credentials or skills in the context of the specific H -1B occupation or into those along nd skills are essential in many branches of engineering. OC the career pathway. CAD certification a ot immediately transfer to a four -year college may use their CAD certi B2E participants who do n ft ties in such industries as manufacturing, digital media, cation to find. drafting and design opportuni commercial and industrial design, interior design, fashion design, and architecture — all fields em- However, our aim is to send at least 75% of ploying people in H -1B occupations listed in this RFP. our OC B2E students on to four -year universities, whether CSU Fullerton or Long Beach, Untver- sity of California Irvine, another CSU or UC campus, or a private college. The comp letion of trans- fer requirements to four -year universities' engineering programs is a critical step for students in be- coming qualified engineers with the B.S. degrees required by most employers. How project directly addresses identified skills and training gaps. Our CC partners without exception identify math skills, and particularly calculus competency, as the single biggest barrier to creating more home -grown engineers. By condensing the time required for students to become calculus ready, providing them with tutoring and supports, hands -on experience, and cohort based learning, OC B2E directly addresses the most daunting skills gap standing between students, particularly African American and Latino students, and lucrative, in- demand engineering careers. How project will help participants to obtain employment or advance. OC'B2E will pre- eed in their OJT placements through work readiness classes and job shad pare participants to succ - owing activities prior to the beginning of their OJT. Participants will enter part- tvme,employment ' and under the through OJT while continuing their studies at Santa Ana or Saddleback College, , terms of the OJT contract, employers will commit to retaining successful participants for at least six months after the conclusion of the 26 -week OJT period. 'T'hrough SAGE, OJTs will be set up with strong mentoring, learning, and career development components. Finally, OC B2E will result in par- e standard qualification needed to become an engineer. Long- ticipants receiving the B.S. degree, th Page 13 of 20 411"M, DOL SGA- DFA- PV-10 -13 orange County Bridge to Englneering term part -time work experience through OJTs will assist OC B2E graduates, especially individuals who lack recent work history, to find permanent positions. Evidence for project design. The OC B2E strategies described above have demonstrated their effectiveness in increasing the retention and success of minority students in STEM fields. 10,11 Strong evidence exists for acceleration, particularly in mathematics, mentoring programs; intro- s instructional strategies (e.g., collaborative and ducing context in introductory course 13 Summer Bridge programs14; academic support services such as tutoring, Aca- interactive learning)"; demic Excellence Workshops (AEWs), and peer mentoring's In addition, our experience with the Gateways to Biotech project, which incorporated sum - tion, eontextualization, mentoring, and study skills instruction, met bridging, cohort based accelera onents are highly effective in supporting students from pre has demonstrated to us that these comp - college academic levels all the way through CC. In the first Gateway cohort, 21 of 22 WIA- enrolled students graduated from the intensive bridge, and 16 enrolled in a two -year Biotechnician CC train- ing course. ii. Program Activities The work plan below outlines activities, implementers, timeframes, costs, and deliverables for the OC B2E project. The partners are allocating the summer (pursuant to grant award and contract- ing) and fall of 2011 for startup activities and participant recruitment, to launch our first OC B2E cohorts' training and OJTs in January 2012. The costs proposed focus resources on participants' on- 9 Hern, 2010, Exponential Attrition and the Promise of Acceleration In Developmental Engh'sh and Math, Chabot College. 10 National Science Foundation (1996). Women, minbrities, and persons with disabilities in science and engineering: 1996, (Report No. NSF 96 -311). Arlington, VA 11 Goodman Research Group (2002). Final report of the women's experiences in college engineering (WECE) project, Cambridge, MA 12 Davis, C., Finellij (2007), Diversity, and retention in engineering, New Directions for Teaching and Learning Special Issue: Scholarship of Multicultural Teaching and Learning, Volume 2007, Issue 111, pages 63 -71 13 McShannon, J., & Derlin, R. (2000, February 25). Retraining mdnorzty and women engineering students. How faculty development and research can foster student success. Paper New Mexico Higher Education Assessment Conference, Las Cruces, NM. 14 Goldberg, J. & Sedlacek, W. (1996), Summer Study in Egineerzng for Higb School il%men, Maryland University, College Park, Maryland 15 Kai1e, M.; et. Al. (2004), Fostering Success among Traditionally Uaderrepi -esented StudentGrwps: Hartnell College's Approach to Implementatiar of the Math, Engineer* and SdeuceAchievement (Mesa) Program, CC journal of Research and Practice journal Citation: v28 n1 p17 -26 Jan-2004 Page 14 of 20 20A -65 Orange County Bridge to Engineering DOL. SGA- DFA- PY -10 -13 the -job training and workplace readiness (29 %); academic and social supports (3I and developing j Summer En eerin In- and implementing innovative Core Bridge to Engineering curriculum and Summ gm g ), The costs are calculated by allocating percentages of personnel, contracts, and sup- stitutes (23 % plies based on detailed subcontractor and partner line item budgets. nAtivprable Activities Recruit, hire, train staff & contractors, Form Steering Committee; Form Instruc- tional Design. Tea_ m Recruit & enroll diverse cohorts of participants in OC B2E CCs — --- Implementer I Cost (4 -yr) . 5tan -G ILA J 115 935 Sept 2011 Staff hired, Steering SA WIB Pro} $ Dec 2011 Committee formed, Mgr, All Instructional Design partners Team formed Entolliient ? 210 students enrolled SA WIB CM, $178,000 Sept 2011- in OC B2E at CCs. CCs, EDD, Dec 2013 SSSs $27�Dec C Develop /Refine, ore Bridge to Engineering at 2 CCs, SFSU, CCs Canada Deliver Core Bridge to En- gineering, Curriculum Industry speakers, field trips, other career explora- tion Enroll CC, CSUF, & UCI students in engaging hands - on summer institutes Mentoring, tutoring ser- vices for CC cohorts Provide support services such as loans, textbook as- sistance, equipment, case management by WIB Academic Counseling, transfer assistance for CC Cohorts ei6 SB & SA $439,277 Jan 2012 -Aug CCs CCs GS 2013 $79,000 Mar 2012 -Aug Proj. Liaison, 2013 OCTANe, AMUG, UCI t„torin , mentoring SAGE $299,200 RapidTecb $376,600 May 2013-J UCI 2014 , Curriculum in place to deliver math, science, & core subjects in 9 months 6 cohorts prepared for core math /science 210 CC cohorts & 50 CC engineering stu- dents participate in career exploration At least 200 OC B2E students complete SEI earni com. unities m GCs. Dec 2011 -Aug CCs $609,776 2015 hort students receive t„torin , mentoring CCs SSSs $299,200 Dec 2011 -Aug ' 2015 hort stude0nts receive financial aid, support services $153,013 Jan 2011 -Aug At least 180 CC co- CCs 2015 hort students receive academic counseling, transfer assistance ff% page 15 of 20 Page 16 of 20 ��1�0 Orange County Bridge to Engineering DOL SGA- DFA -PY =10-13 Activities Implementer Cost (4 -yr) 500 $333, Start -End Jan 2012 -Aug Deliverable At least 80 OJT Placement coordina- U CI SAGE, 2015 UCI /CSUF & 210 CC tion for acadeirAc juniors OCTANe cohort students placed AMUG, GS u, OJT Proj. Liaison, OJT subsidies paid to SA WIB SA WIB $ 1 040 910 Jan 2012 -Aug 2015 At least 25 employers participate in OJT wage employers contracts & receive wage subsidies Provide workplace readi- SA WIB $94,600 Jan 2012 -Aug 2015 At least 80 UCI /CSUF &.210 CC ness classes to participants UCI SAGE cohort students re- Scholars ceive work readiness :-7 Sttein `theri:bnd "m Si -_su ort services, for rion :cohort eri iy,eefii� Sept 2011- students -_ � At least 80 CSUF & Academic counseling, tu- UCI SAGE, $107,807 Aug 2015 UCI students receive toting, & support services UCI> CSUF GS Project counseling, tutoring, for:CSUF & UCI engineer- & su Ott ing students &transfer assis- Liaison SSSs, CCs $115,000 Jan 2011 -Aug At least 40 CC stu- dents (non - cohort) Mentoring tance for CC students in 2015 receive mentoring & 2nd yr of engineering transfer assistance Suer Scholars Transfer Summer UCI, SSSs, $132,000 Aug 2012 -Aug SSTI & 2015 attend receive Institutes at UCI UCI credit Instructional Design Team UCI, CSUF, $135,000 Oct 2011 June IDT makes improve- in articulation, meets regularly to improve CCs, GS transfer processes, articulation, transfer, cur- Proj. Liaison, curriculum to meet riculum Employer student & business representa- needs tives AdriinYStrative %.Pro pct: atta . 19,815 2 $ j Project activities are ' Ongoing Administration/ SA WIB carried out to achieve project management Proj, Mgt., GS Liaison, ongoing goals CC Proj. Co- or d.nators SA WIB $ 90,440 Quarterly reports to Steering Committee meet- Steering Committee. ings & reporting Pr j. Mgt,, on progress toward . GS Proj goals Liais., CC Proj. Coords, All partners $52,71 0' Report to DOL, City p Reporting on outcomes & SA WIB of Santa Ana, stake - grant costs Pxo Mgr 1' holders Page 16 of 20 ��1�0 DO S GA- D FA- PY- 10 - 13 Orange County Bridge to Engineering Activities Implementer Cost (4 -y r) Start -End Deliverable Indirect costs All $149,612 n/a TOTAL $4,997;479. iii. Project Management Project manager qualifications: The project will be managed by a full time Project Manager, employed at the Santa Ana WIB and reporting to Santa Ana WIB Workforce Program Manager Car- los de la Riva. Mr. de la Riva has 15 years of experience in developing workforce programs, pardcu- larly focusing on business partnerships and economic development. The Project Manager will work closely with Mr. de la Riva and the Steering Committee to ensure effective outreach and enrollment, case management, data tracking and reporting, dissemination of project outcomes, and consistency of implementation throughout the workforce partners. The Project Manager will be an experienced workforce manager with over five years of progressive responsibility and experience in developing, implementing, and overseeing multi - partner initiatives in collaboration with CCs and employers. Knowledge of engineering occupations will be highly desirable, as will experience in successfiil pro- jests with Latino and /or African American participants, The Project Manager will be designated' within the first 30 days of the grant contract. The Project Director will be supported by a Project Liaison from Growth Sector, who will work closely with the colleges on instructional program design, program replication, and technical assistance for the transfer of best practices for industry -driven workforce education. Proposed Pro- jest Liaison Caz Pereira has 17 years of experience in managing workforce related projects. He has served as Vice President at San Francisco Works, developing public and private workforce ventures focused on developing collaborations with governments, private employers, CCs and community- based organizations. Since 2004, as part of Gruber & Pereira Associates, Mr. Pereira has coordinated' development and implementation of national award winning projects in the biotechnology, energy and utility sectors, including the Biotech Gateway project mentioned above. The organizational chart below demonstrates the connections among OC B2E partners. Procurement processes. The OC B2E project will follow the procurement procedures of the Page 17 of 20 Orange County. Bridge to Engineering DOL SGA- DFA- PY -10 -13 City o£ Santa Ana and comply with applicable Federal and State laws and requirements. Historically, ty with the Santa Ana WIB has been able to contract efficiently through a sole source provider claus b CCs and other providers o£ unique services as named in grant applicarions, and require a three-bid gF'Q process for other subcontracts Fiscal management will be the responsibility of the SA WIB. The legal applicant and admin- lication is the City of Santa Ana. Linda Oberman, Economic istrative agency for this 132F, grant app Development Manager and Director of the WIB, will be responsible for all fiscal and performance kin and reporting SA WIB has administered formula and competitive WIA funds since 2000. trac g re p . All funds are tracked through the City's fiscal office and accounted for using Generally Accepted s in conformance with A -133 and A -87 standards. The City of Santa Ana uses Accounting Principle, te and streamline business func- the Lawson Financial Management system; designed to consolida nd employee benefits. Public sector. functionality tions, including payroll, personnel administfunctionality Orange County Bridge to Engineering Organizational Chart. Santa Ana: City Council • ' Cit of Santa Ana) Santa Ana WtB —Lead Applicant ( Y . . Full Tlme P,rojecf Director Grant Management Convenes' Steering enm pI 66S; bp Ca ee Cen9er Services SupportrveeSeury itmceqsh , outreach; JTA Trackrng; .Case Managem FOlio ,Up : OC B2E Steering Committee — All Sectors Articulation and dissemination; mmneet meetings Monthly Quarterly fhereafte . Project Subcommittees (Recruitment, itment Student Design Team monthly Support, Sustainability) have monthly calls /meeungs Growth Sector (Nonprofit Intetmediary) Full Time project Liaison Liaison. with W18, Hires Student Support specialists; Coordinates internships among employer and education partners; Convenes instructional Design Team; Sustainabilit; Planhing; page 18 of 20 20A -69 Orange County Bridge to Engineering DOL SGA- DFA- PY -10 -13 t Budgeting & Planning, and Contract Management. The WIB's budget includes Grant Managemen , and ex enditure planning processes are linked to anticipated funding sources and disbursement and l? ure and controls, are setup to track expenditures by fund reimbursement timelines. Our fiscal struct ing source code and activity and ensure timely reporting. Sustaining. training programs. The Santa Ana WIB has a 30 -year history of managing job State, and Federal grants. Former participant follow up training grants on all levels including County, is supported.through the grant funding received from the Workforce Investment Act. Participants e by case basis if they need additional or con, are envrolled in WIA-funded follow -up services on a cas erie tinuin services. OC B2E partner Growth Sector's expnce in sustaining key practices of its Bio- g tech Gateway program is also illustrative here. As noted above, 95% of WIA participants in the first enrolled in a two -year Biotechnician CC Gateway cohort completed intensive bridging and 73% training course. The Gateway was so successful that the CC partners created seven additional call Gateway program elements to support future cohorts of academically Y courses and maintained crucial, students. We anticipate that Santa Ana and Saddleback Community Colleges will under-prepared also be able to sustain accelerated cohorts to bridge student's to engineering pathways. 3._OuEcom.es i. Pro'ected Performance Outcomes pro'ections Tabie'S: Par`tici ant Performance outcomes 290 Total participants served (2 cohorts /year x 35 /cohort x-3 years, plus 80 through UCI p 290 and CSU Total number of participants beginning education /tr aining activities 210 Total number of participants completing education /training activities Total participants who complete education /training activities that receive ac). edential 190 Participants who receive CAD certification Associates Degree in or transfer to four -year colleg hird - e as tyear Engineering stu -' 168 -170 dent 60 Bachelor of Science in Engineering 420_ Total credentials received for all participant%+ inclndingtiaes credentials nd who enter unsub- 290 sidized em to menr. Total participants who complete education /trag activities and w o axe pace 140 into unsubsidized employment who are employed in the first and second quarters followin initial placement. 115 Total participants who complete education training activities and who enter unsubsidized employment. - ---- Page 19 of 20 20A -70 DOL SGA- DFA- PY -10 -13 Orange County Bridge to Engineering Mle6;' P' tfti ant Performance'0utcomes ; Pro'ections Total participants who complete education /training activities and who enroll in fur- ther education on the same career pathway. 170 ii. Cost per Participant and Ability to Report Outcomes OC B2E is an ambitious program that aims to move participants into highly paid professional positions in engineering. There are few intermediary jobs on the engineering career pathway, and demand is low for those jobs.' Therefore, our plan is to invest*in developing a model that moves participants all the way through a Bachelors of Science degree, while concurrently building.their practical skills through OJT placements. Tracking Systems. The SA WIB and all partners directly serving participants will collect par- ticipant- level.data on participants enrolled, completing, exiting prior to completion of training, em- ployment outcomes, and further training outcomes: Partners will also track race /ethnicity and gen- der of OC B2E participants to see how the project is meeting its goals of increasing participation of underrepresented minorities and women in the engineering workforce. SAC is a key partner in the Santa Ana Partnership, consisting of the Santa Ana Unified School District' the City of Santa Ana, SAC, CSUF, and UCI. The.Partriership uses a common database to track academic outcomes and employment outcomes when students enter the workforce. Saddle- back College will provide additional data to be entered into the Santa Ana Partnership system. OC B2E case managers at SA W1B will follow up on.participants through EDD payroll records, phone contact, email, and OC B2E social networking web pages, and enter data into the JTA system. As part of the ongoing Bridge to Engineering initiative spearheaded by Growth Sector, OC B2E will also seek private funding to supplement this data gathering with a phone survey of employ- ers and graduates. The survey would interview graduates six months and two years after entering the workforce full-time, to find out what was helpful in B2E curriculum and services; what needed im- provement; what was unexpected, etc. Employers would be interviewed about graduates' academic preparation, readiness for the workplace, and skills acquired through Summer Institutes and OJTs, 16 EDD /L,MID projects only 18 annual openings in Orange County for Engineering Technicians, all other; 30 for Civil Engineering Technicians, and 43 for Electronic /Electrical Engineering Technicians. Page 20 of 20 20A -71 Santa Ana Workforce Investment Board Application for the H -1B 'Technical Skills Training Giant The program will serve all'of the Congressional Districts in Alameda County, California: CA -009, CA -011, CA -013. The program will serve the following Congressional Districts in San Francisco County, California: CA -008, and CA-012.' The program will serve the following Congressional Districts in San Mateo County, California: CA -012 & CA -014. The program will serve the following Congressional Districts in Santa Clara County, California: CA -011, CA -014, CA -015, and CA-016.. The program will serve the following Congressional Districts in Orange County, California: CA -040, CA -042, CA -044, CA -046, CA -047, & CA -048. The program will serve the following Congressional Districts in San Diego County, California: CA -049, CA -050, CA -051, CA -052, and CA -053. Letter of Commitment: Orange County.Bridge to Engineering Project Among Workforce Partners: Santa Ana Workforce Investment Board; Growth Sector Education Partners: Canada, and Santa Ana ' Community Colleges, California State University Fullerton, University of California Irvine, RapidTech; Employer Partners: OCTANe; Autodesk Manufacturing Users Group The above -named partners have collaborated on an application for a H -113 Technical Skills Training Grant from the U.S. Department of Labor. The partners listed above have agreed to enter into a collaborative agreement in which the Santa Ana Workforce Investmet Board will be the lead agency and named applicant and the other agencies will be partners in this application. The partners wish to enter into xLetter of Commitment setting forth the services to be provided by the collaborative. All of the Workforce and Education partners have an established and successful record of providing employment and training, education, collaborative workforce development projects and working closely with local and regional employers, as described in more detail in the technical narrative of the grant application attached to this agreement. The Employer partners listed above have approached the workforce and education partners with their need to develop a future workforce and contribute to improved education and training of engineers in southern California, as described in detail in the technical narrative.Our Foundation partner is extremely active in STEM education and engineering workforce issues. This application was planned and prepared by the lead agency, Santa Ana Workforce Investment Board, in collaboration with the aforementioned partners, through a series of discussions amongst senior management'from each entity. The partners have worked together to develop information about the extent of the need for the proposed services, existing service gaps, scope of services, and the proposed project budget. All signing partners have approved this application, which is a request for new funding for the Orange County Bridge to Engineering Project (OC B2E) to be submitted to the U.S. Department of Labor on or before June 2, 2011. The partners enter into this Letter of Commitment and assert that the primary goal of OC B2E is to develop a sustainable, integrated system for channeling students through pre - college into four -year university engineering programs while preparing them for.real -world work situations. To achieve this goal, project partners will: • Build a nine -month intensive Core Engineering Bridge course that incorporates a jump start math boot camp; an intensive and integrated math program including algebra, trigonometry, pre - calculus, and introduction to engineering careers • Enable OC B2E participants to directly enter the already established four year community college /CSU/UC engineering pathways • Enable OC B2E cohorts to move through most of their first two years r[ a learning community. • Support cohorts-of students through the pathways with tutoring, mentoing, case management academic and financial aid and counseling o Offer intensive Summer Engineering Institutes with project.based learning Facilitate transfers to four -year universities' engineering programs for OC B2E graduates Provide paid and unpaid internships and career exploration opportunities for participating students This Letter of Commitment details the roles and responsibilities for the lead agency and each collaborative partner in implementing the proposed Orange County Bridge to Engineering Project (OC B2E) The terms of this 'LOC are conditional on the U.S. Department of Labor awarding a H1B Technical Skills Training. grant to Santa Ana W IB .Grant amounts and matching funds are subject to revision based on the financial circumstances and budgets of the undersigned cooperating agencies. Since the budget will be negotiated finally once the grant is awarded, we are not specifying the dollar amounts of the grant award per agency 401_x? at this time. This LOC is not a contract and only covers the intent to serve and partners' roles in the project. PARTNER ROLES & RESPONSIBILITIES In order to provide the full scope of work outlined above and in the grant application, the responsibilities of each partnering agency will include: WORI(F ORCE PARTNERS Each Workforce Partner will provide services and activities as outlined in the grant narrative and workplan, including: 1, Provide staff to participate in the project's ongoing collaborative planning, implementation, and activities 2. Conduct outreach and recruitment for grant 'Participants, The Santa Ana Workforce Investment Board will further provide services and activities as outlined in the grant narrative and workplan including: 1, Serve as the contractual and administrative lead agency and be responsible for fiscal management, subcontracting, and grant reporting. 2, Provide WIA eligibility assessment, enrollment, skills and interest assessment, and case management for two cohorts, of 33 -35 OC 132E participants per cohort, for each of the first three years of the grant period. 3. Coordinate with their local community college and Growth Sector's Student Support Services to ensure individualized wraparound, services for each participant in the program. 4. Provide its full complement of workforce services, including the services of its One Stop Career Centers. One Stop services include job search workshops such as resume building, interview practice, and soft skills development. 5. Leverage its WIB to create internship and mentoring opportunities for OC B2E participants G. Make available its One Stop facilities for workshops, team building, and other program elements. 7. Conduct outreach to its full range of relevant workforce partners, as well as WIB board members, . including businesses, social services and local government partners to provide opportunities and support for OC 132E participant Growth Sector will provide services and activities as outlined in the grant narrative and workplan including: 1. Provide project management and coordination to the OC B2E Coalition to ensure progress toward the Coalition's goals 2. Serve as the employer. of record for Student Support Specialists at each community college. 3. Coordinate third -party review process for curriculum deliverables 4• Conduct employer outreach and development 5. Develop a resource and sustainability plan EDUCATION PARTNERS All Education Partners (Canada Saddleback an•d Santa Ana Community Colleges, CSU Fullerton and UC Irvine) will provide services and activities as outlined in the grant narrative and workplan, including: l • Provide staff to participate in the project's ongoing collaborative planning, implementation, and activities, with the time required for this purpose, including providing a stipended faculty member to serve on the Instructional Design Team. 2. Provide facilities and instruction for OC B2E as specified in the grant. Saddleback and Santa Ana Community College Partners will provide services and activities as 20A -74 outlined in the grant narrative and work Ian includinC:_ 1. provide assessment on each stude i ion rwith four-year oBthe OC B2E Consortium 2. Coordination of transfer one faculty membeEo servelon tthedlnshuct sporting elements Design T alm a 3. Participate in the de el representative of at least 4. Facilities and support for Summer Engineering Institutes 5. Intensive cohort -based counseling college application cation pro ess through a tutor/mentor op SEPs (Student Education 6. Assist students with the Community g pp Plans) in group settings enrolled 8. Inform the students is em Community gate information and have s available to them students complete the online FAFSA and BOG 8. Financial Aid will disseminate forms, and provide at least two workshops on financial aid per year. In addition: dition: includiri 1. Serve as Technical Assistance provider for Math Ja►n curriculum to OC 132E partner colleges. 2. Support SFSU with development of curriculum for Core Engineering Bridge workplan including: mputer lab hardware and software for Summer Engineering Institute participants in 1. Provide access to co coordination with RapidTech er Engineering Institutes, for two cohorts of approximately 30 -35 2. Provide logistical support to Summ students each per year. 3. Participate in the development of the OC B2E curriculum and supporting elements by consulting with the OC B2E Instruction Design Team. 4. Work with community colleges to develop articulation agreements and facilitate transfer of OC B2E cohorts 5. Provide tours and career exploration during Summer Engineering Institutes provide mentoring and 6. Recruit employers to provide internships through the SAGE Scholars m; p' support to UCI SAGE Scholars, 7. Provide Summer Scholars Transfer Institute programming for OC B2E participants as specified in the workplan and budget. 8. Provide academic counseling for selected engineering students as part of OC B2E. California State Universit Fullerton will rovide services and activities as outlined in the rant narrative and workplan including: : year) as part of OC 1. Provide academic counseling r select o al9Santa Ana uand Saddleback community r clege transfers in B2E in Years I and 2 of the project Years 3 and 4 of the project 2. Work with OC B2E staff to place approximately 10 OC B2E engineering upperclassmen per year.in long- term internships.. f the OC B2E curriculum and supporting elements by consulting with 3. Participate in the development o the OC B2E Instruction Design Team. 4. Work with community colleges to develop articulation agreements and facilitate transfer of OC B2E cohorts San Francisco State UUniversittYy will provide services and activities as outlined in the grant narrative and workplan including: 1. Serve as the Inststructional Design Lead for OC ME's Core Engineering Bridge component. 2. Participate in the development of the OC B2E curriculum and supporting elements. 20A -75 RapidTech will provide services and activities as outlined in the grant narrative and workp]ari including: 1: Provide staff to participate in the project's ongoing collaborative. planning, implementation, and activities with the time required for this purpose 2. Participate in development and delivery of Summer Engineering Institutes in collaboration with Orange County -based education partners 3.' Provide outreach and recruitment assistance to OC B2E through field trips to the RapidTech labs and other activities. 4. Reach out to employer partners as appropriate to develop internships for OC B2E participants. EMPLOYER PARTNERS All Employer Partners will: • 1. Provide staff to participate in the project's ongoing collaborative planning, implementation, and activities with the time required for this purpose. 2. Assist workforce and education partners in defining the skills, knowledge, and experience needed by engineers so bat engineering students are well - prepared for the workplace. 3. Consider any successful long -term interns for permanent employment as appropriate 4. Assist the workforce and education partners in publicizing the opportunities available through OC B2E. OCTANe will provide services and activities as outlined in the grant narrative and workplan including: 1. Actively recruit businesses to provide internships and work experience for OC B2E participants 2. Sign up additional information technology, clean tech, life science, and biomedical employer partners from among the OCTANe membership, in addition to Abbott Medical Optics, Allergan, Aubrey Group, Bauscli & Lomb Surgical, Emulex, Experian, Intersect Partners, Med Focus, Microsemi, Sequent Medical, Source Scientific, and Vertos Medical, which have already committed to place OC B2E participants in 39 internships and 45 work experience opportunities. Autodesk ManufacturinZ Users Group (AMUG) will provide services and activities as outlined in the grant-narrative and workplan including: 1, Actively recruit businesses to provide internships and work experience for OC B2E participants from among its members 2. Set a target of at least 10 OJT placements /internships per year for AMUG. COMMITMENT TO PARTNERSHIP 1. All partners commit to participation in the Orange County Bridge To Enginering Consortium (OC B2E Consortium), providing all requested information, services, and activities described in the grant narrative work plan. 2. All partners commit to a good faith effort to sustain commitments of resources for the life of the grant and to seek to institutionalize and sustain OC B2E programs and initiatives beyond expiration of grant funds. 3. Compensation for funded partners' contribution to this project will be provided as outlined in the budget detail. All partners to be paid'for subcontracting services under this grant have reviewed the proposed budget and approved the individual budget for their agency services. 4. This agreement assumes that all parties will put forth their best efforts to work together with all collaborative partners and act in good faith in carrying out the terns of this letter.This Letter of Commitment represents the entire agreement of the parties and may be modified only in writing and with the consent of the above referenced parties. By signing here, each entity signified approval of this collaboration, including the proposed budget, for the duration of H1B Technical Skills Training Grant funding. Signed: L . �tyd/} , �,�t Y—f,,-Y>_Qr....,.L 24, 2011 •fir L � Name: Linda A. Oberman, Santa Ana WIB Director Agency: Santa Ana Workforce Investment Board Signed- May 24, 2011 Name: E rc Hsu, Associate Professor of Mathematics Agency: San Francisco State University Signed-, Title: PVe S I d e+N — aV%,1 C-f,= 6 Date: May 23, 2011 Signed: May 23, 2011 Frame: Ja es \ right, Dean of MA, Science &'En . Agency: Saddleback Community College Signed.-'., t `{ i' May 24, 2011 Name: David Giuber, Director Agency: Growth Sector Si ned..• 7 Ma 28, 2011 Name: Gary Ra inowitz, AMUG Pre Went Agency: Autodesk Manufacturing Users Group (AMUG) Signed• 2011 Name: William C. Tang, Associate Dean lor Research Agency: University of California, Irvine Signed: .r U f,� 2011 Name: Thomas Mohr, President Agency: Cafiada College Name: Title; Date: May Z3,2011 Agency: Santa Ana College Signed = - a 28, 2011 Name. enshen Porrg, Director, School of Engineering Agency: San Francisco State University Signed: May 29, 2011 Name: Susamma Barua, Associate Dean Signed:" _ Name: Caz Perch Director Name: Sector of Orange County Agency: Samuch Foundation 20A -77 May 28, 201 LIJ LU C) 0 z 0� LLJ ui z (D Z W w 0 n, w U) � 0 i' •LU LU 0' 0 u Z w 9 Lli W z LU U C) C trw N et L) u 0- 0'" q, � �t b . o, .g 0- I , 0 r. V."d IL f 0.� U - IL 4j. 0. 0. Lj 7j Z . 14� 0., " ? . . .' A . wj a ,Uu U. qj- b.. a 54 U. 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LL p z a o � N w a C LL U Z W a N a co � LL O 69 i � II I II I tl` kH ❑ o W o U- m 1L O o � h W F- �W ' ❑ O I1] ' E m W N M O V- W G V T C fi O V A Ci J h m a w V z 0 0 � u o T Q T T T H d N 0 0 m � z o IC � L � V o O V IJ. ` F- C m W z r o ti. z O U U) N 07 N f0 P p- o o LY p o N Q '3 F O N a � G O ° n7 N A a q � b Q V N V � v R M • � I a W A a v a o 0 btl = w I T7 0 R i 0 1 •o N O Q m w T � 1 T � m C , 0 N O y O1 N U Y a E ,- � e O . 0 N N 1 N 69 LL o ❑ o o w ❑ w W Ln z N N z a J kH ❑ o W o U- m 1L O o � h W F- �W ' ❑ O I1] ' E m W N M O V- W G V T C fi O V A Ci J h m a w V z 0 0 � u o T Q T T T H d N 0 0 m � z o IC � L � V o O V IJ. ` F- C m W z r o ti. z O U U) N 07 N f0 P p- o o LY p o N Q '3 F O N a � G O ° n7 N A a q � b Q V N V � v R M • � I a W A a v a o 0 btl = w I T7 0 R i 0 1 •o N O Q m w T � 1 T � m C , 0 N O y O1 N U Y a E ,- � e O . 0 N N 1 N Ul H d N 0 0 m � z o IC � L � V o O V IJ. ` F- C m W z r o ti. z O U U) N 07 N f0 P p- o o LY p o N Q '3 F O N a � G O ° n7 N A a q � b Q V N V � v R M • � I a W A a v a o 0 btl = w I T7 0 R i 0 1 •o N O Q m w T � 1 T � m C , 0 N O y O1 N U Y a E ,- � e O . 0 N N 1 N DOL SGA- DFA- PY -10 -13 Orange County Bridge to Engineering OC B2E Budget Narrative A. Personnel Project Manager— Overall Project Management, reports to Santa Ana WIB Manager. The full -time Project Manager will work closely with all partners to'ensure effective outreach and enrollment, case management, data tracking and reporting, dissemination of project outcomes to the workforce field, and consistency of implementation throughout the partners. Calculation: 0.75 FTE x $57,000 = $42,750 in Year 1, $42,750 in Year 2, $42,750 in Year 3, and $42,750 in Year 4. Case Manager— Works with colleges, tutor /mentors and OC 132$ participants to provide support services, counseling, etc. Calculation: 1.00 FTE x $48,000 = $48,000 in Year 1, $48,000 in Year 2, $48,000 in Year 3, and $48,000 in Year 4. Subtotal Personnel Project Year Funds Requested Year 1 Year 1 $ 90,750 Year 2 $ 90,750 Year 3 $ 90,750 Year 4 $ 90,750 Total $ 363,000 B. Fringe/Benefits Fringe/Benefits— Including medical, retirement, worker's comp, etc. Calculation: 0.35% x Subtotal. Personnel = $31,762.50 in Year 1, $31,762.50 in Year 2, $31,762.50 in Year 3, and $31,762.50 in Year 4. Subtotal Fringe/Benefits Project Year Funds Requested Year 1 $ 31,762.50 Year 2 $ 31,762.50 Year 3 $ 31,762.50 Year 4 $ 31.762.50 Total $ 127,050 Page 1 of 12 411:141 DOL SGA- DFA- PY -10 -13 C. Travel Orange County Bridge to Engineering Travel to Washington D.C.— annual grantee meeting for Project Manager and one key partner each year. Includes airfare, lodging, per diem. Calculation: $600 airfare plus $70 per diem x 3 days plus $180 hotel x 2 nights x 2 persons. Subtotal Travel Project Year Funds Requested Year 1 $ 2,340 Year 2 $ 2,340 Year 3 $ 2,340 Year 4 $ 2,340 Total $ 9,360 D. Equipment None E. Supplies None F. Contractual Canada College Faculty as Instructional Design- Consultant: Provides 10% FTE for academic year; summer (20 hrs /wk for 6 wks @ $54.57 per hr) = $16,214 in Year 1 and $16,214 in Year 2, $0 in Year 3, and $0 in Year 4 for a total of $32,428. Fringe Benefits @ 14.1% = $2,286 in Year 1 and $2,286 in Year 2, for a total'of $4,572 Math Instructor: Math Jam training and assistance for other community colleges to integrate Math Jaen curriculum and technique into Core Engineering Bridge and-summer refresher courses. (200 hrs for Yrl, 50 hrs for Yr2, @ $54.57 per hour) = $10,914 in Year 1, $2,729 in Year 2, $0 in Year 3, and $0 in Year 4 for a total of $13,643. Fringe Benefits @ 14.1% = $1,539 in Year 1 and $385 in Year 2 for a total of $1,924 Conference/Professional Development - Organzing NAFJAM conference in each year = $3,500 in Year J and $3,500 in Year 2, for a total of $7,000 Instructional and Office supples = $1,000 in Year 1, $1,000 in Year 2, $0 in Year 3, and $0 in Year 4 for a total of $2,000 Page 2 of 12 DOL SGA- DFA- PY -10 -13 Orange County Bridge to Engineering Printing = $500 in.Year 1, $500 in Year 2, $0 in Year 3, and $0 in Year 4 for a total of $1,000 San Mateo County Community College District Indirect calculated at 8 %= $2,876 in Year 1, $2,129 in-Year 2, $2,129 in Year 3, and $2,129 in Year 4 for a total of $9,263 Canada C�Subtotal Project Year Funds Requested Year 1 $ 38,829 Year 2 $ 28,742 Year 3 $ 0 Year 4 $ 0 Total $ 67,572 Saddleback Community College Curriculum Development and Implementation Math Lead: With Science/Engineering Lead; serves on Instructional Design Team, develops and delivers Core Bridge to ther CCs. $15,272 in Year 1,.$15,577 in Year 2, Engineering Curriculum, coordinates with o $15,889 in Year 3, and $16,207 in Year 4 for a total of $62,945. Fringe Benefits @ 19.24% _ $2,938 in Year,l, $2,997 in Year 2, $3,057 in Year 3, and $3,118 in Year 4 for a total of $12,110 Curriculum Development and Implementation Sci/Eng Lead: With Math Lead, serves on Instructional Design Team, develops and' delivers Core Bridge to Engineering Curriculum, coordinates with other CCs. = $15,272 in Year 1, $15,577 in Year 2, $15,889 in Year 3, and $16,207 in Year 4 for a total of $62,945. Fringe Benefits @ 19.24% = $2,938 in Year 1,. $2,997 in Year 2, $3,057 in Year 3, and $3,118 in Year 4 for a total of $12,110 Adjunct Faculty: (44 -64 units /$1100 unit) Assists in delivering Core Bridge to Engineering curriculum, accelerated math, science basics = $48,400 in Year 1, $70,400 in Year 2, $71,808 in Year 3, and $73,244 in Year 4 for a total of $263,852. Fringe Benefits @ 13.04% _ $6,311 in Year 1, $9,180 in Year 2, $9,364 in Year 3, and $9,551 in Year 4 for a total of $34,406 Academic Counselor: (10% FTE no summers) Provides dedicated academic counseling time to Saddleback Community College cohorts to help them succeed in OC B2E and . transfer to the institution of their choice = $9,144 in Year 1, $9,327 in Year 2, $9;513 in Year 3, and $9,704 in Year 4 for a total of $37,688. Fringe Benefits @ 19.24% = $1,759 in Year 1, $1,795 in Year 2, $1,830 in Year 3, and $1,867 in Year 4 for a total of $7,251 Tutorial: (20 hrs /week at $1l /hr) Student tutors dedicated to OC B2E cohorts = $5,940 in Year 1, $8,610 in Year 2, $8,610 in Year 3, and $8,610 in Year 4 for a total of $31,770. Fringe Benefits @ 10.99% = $653 in Year 1, $946 in Year 2, $946 in Year 3, and $946 in Year 4 for a total of $3,491 20A -85 Page 3 of 12 DOL SGA- DFA- PY -10 -13 Orange County Bridge to Engineering Project Assistant: (OT) _ $2,000 in Year 1, $3,200 in Year 2, $3,400 in Year 3, and $4,000 in Year 4 for a total of.$8,600. Fringe/Benefits @ 21.69% = $434 in Year 1, $694 in Year 2, $738 in Year 3, and $868 in Year 4 for a total of $2,734 Cohort Field Trips = Transportation and supplies for CC cohorts to visit local companies as part of career exploration curriculum. $0 in Year 1, $1,250 in Year 2, $1,420 in Year 3, and $1,400 in Year 4 for a total of $4,070 Chemicals/Lab supplies, Physics, Chemistry /Computer Science = Includes software, graphing calculators, and other lab supplies. $21,000 in Year 1, $40,000 in Year 2, $40,000 in Year 3, and $40,000 in Year 4 for a total of $141,000. Indirect Costs = $10,565 in Year 1, $14,604 in Year 2,'$14,842 in Year 3, and $16,571 in Year 4 for a total of $56,582 Saddleback Community College Subtotal Project Year Funds Requested Year 1 $ 142,626 Year 2 $ • 197,155 Year 3 $ 200,363 Year 4 $ 223,711 Total $ 763,854 'Santa Ana Communiiy College Curriculum Design Lead: Engineering Chair Craig Takahashi will serve on Instructional Design Team, develop and deliver Core Bridge to Engineering Curriculum, coordinate with other CCs. 20% of Load including summer = $22,082• in Year 1, $22,082 in Year 2, $22,082 in Year 3, and $22,082 in Year 4 for a total of $88,328. Fringe Benefits @ 14.71% plus health & Fringe = $7,852 it Year 1, $8,280 in Year 2, $8,708 in Year 3, and $9,135 in Year 4 for a total of $33,975 Curriculum Design Second. Engineering Faculty for overload fall & spring summer paperwork - rooms, keys. Will assist to develop. and deliver Core Bridge to Engineering Curriculum, coordinate with other CCs. = $10,122 in Year 1, $10,122 in Year .2, $10, 122 in Year 3, and $10,122 in Year 4 for a total of $40,488. Fringe Benefits @ 14.71% = $1,489 in Year 1, $1,489 in Year 2, $1,489 in Year 3, and $1,489 in Year 4 for a total of $5,956 Faculty pilot engineering courses: SAC faculty to pilot additional. engineering coursess both as part of Core Engineering Bridge and additional lower- division coursework that wily articulate to engineering pathways at CSUF, UCI, and other four -year colleges. = $0 in Year 1, $15,090 in Year 2, $15,090 in Year 3, and $0 in Year 4 for a total of $30,180. Fringe Benefits @ 14,71% = $2,220 in Year 2 and $2,220 in Year 3 for a total of $4,439 20A -86 Page 4 of 12 Orange County Bridge to Engineering DOL SGA- DFA- PY -10 -13 Math Instructor: Spring 2012 Accelerated College$1 1g09 r /Tr gaon� etr 090 � Year 2,14 units) - instructors. math., physics & engineering $15,090 in Year 3, and $0 in Year 4 for t tai in$45,2730. Fri ge Be $61659@14.7 1% $2,220 in Year 1, $2,220 in Year 2, and Student Assistants /Tutors Acad Year: Provide 1 �lc Y2t 80 hrs / o Y3 2F $21,896in SAC. 40 hrs /wlc/ for 35 wks @ $11.00 /hr ( ), 60 hrs /w And Year 1, $32,844 in Year 2, $43,792 in Year 1 $2,.549 in Year 2e$3 398 total of 3, and '428. Fringe Benefits @ 7.76% = $1,699 $1,699 in Year 4 for a total of $9,345 Summer Bridge Instructor with benefits: iai basic bridging curriculum Jam (6 weeps for 4 incoming cohort members needing addittoi rox. 6,67 LHE _ $7,189 in Year 1, hours per day @ $71.96 per hr) = 120 his instruction, app $7,189 in.Year 2, $7,189 in Year 3, and $0 in Year 4 for a total of $21,567. Fringe Benefits @ 14.71% = $1,058 in Year .1,-$1,058 in Year 2, and $1,058 in Year 3, for a total of $3,173 Summer Bridge Student Assistants /Tutors - 5 tutors @ 2 d r O n for eah for@ total of /hr $11,730 in Year 1, $11,730 in Year 2, $11,730 in Year 3, an $ $35,190. Fringe Benefits @ 7.7.6% = $910 in Year 1, $910 in Year 2, $910 in Year 3, and $0 in Year 4 for a total of $2,731 Math Jam Assistant 4 we 5 days a week, 4 hours a day @ $16.00 per hr - Student Leaders providing additional tutoring/instruction 4 for t t 1 of $3,8 0. Fringe Benefits @ 7.76 %0 °n$99in 2, $1,280 in Year 3, and $0 m Y Year 1, $99 in Year 2, $99 in Year 3, and $0 in Year 4 for a total of $298 Math Jam Student Assistants /Tutors - 5 tutors @ 25hrs /wk for 4 wks @ $15.64/hr $7,820 in Year 1, $7,820 in Year 2, $7,820 in Year 3, and $0 in Year ,4 for a total of $23,460. Fringe Benefits @7.76% = $607 in Year 1, $607 in Year 2, $607 in Year 3, and $0 in Year 4 for a total of $1,821 Counselor/Retention Specialist (10 hrs a week for 40 weeks @ $76.16 per hr) - assists core team in recruitment and outreach including at campus veterans programs, provides academic counseling and referrals to support services= $20,360 in Year 1, $20,360 in-Year 2, $209960 in Year 3, and $20,360 in Year 4 for a total of $81,440. Fringe Benefits @14.71% = 2, in Year 1, $2;995 in Year 2, $2,995 in Year 3, and $2,995 in Year 4 for a total of $11,980 Researcher: 10% FTE, assists in gathering and reporting student data, tracking outcomes = $4,892 in Year 1, $4,892 in Year 2, $4,892 in Year 3, and $4,892 in Year 4 for a total of $19,568. Fringe Benefits @ 24.06% = $1,177 in Year 1, $1,177 in Year 2, $1,177 in Year 3, and $1,137 in Year 4 for a total of $4,708 Textbook loans for students'to support students in financial Year la need. $20 Year 2 year: 00 in students for Yrl, 60 for Yr2, 90 for Yr3 = $6,000 in Year 3, and.$1,000 in Year 4 for a total of $31,000 Page 5 of 12 20A -87 DOL SGA- DFA- PY -10 -13 Orange County Bridge to Engineering Graphing Calculators @ $150 each = $4,000 in Year 1, $4,000 in Year 2,.$4,000 in Year 3, and $0 in Year 4 for a total of $12,000 Transportation and supplies for 3 field trips to local companies = $3,000 in Year 1, $4,000 in Year 2, $5,000 in Year 3, and $3,000 in Year 4 for a total of $15,000 Conference/Professional Development = $2,000 in Year 1, $2,000 in Year 2, $2,000 in Year 3, and $2,000 in Year 4 for a total of $8,000 Instruction and office supplies = $8,000 in Year 1, $3,000 in Year 2, $3,000 in Year 3, and $1,000 in Year 4 for a total of $15,000 Printing = $3,,000 in Year 1, $3,000 in Year 2, $3,000 in Year 3, and $500 in Year 4 for a total of $9,500' Lab equipment, supplies = $38,000 in Year 1, $0 in Years 2, 3, and 4 for a total of $38,000 Opening and closing events for Summer Bridge Program = $1,000 in Year 1, $1,000 in Year 2, $1,000 in Year 3, and $0 in Year 4 for a total of $3,000 Indirect Costs (@10%)'= $16,605 in Year 1, $16,088 in Year 2, $17,146 in Year 3, and $8,268 in Year 4 for a total of $58,107 Santa Ana Community College Subtotal Project Year Funds Requested Year 1 $ 224,172 Year 2 $ 217,190 Year 3 $ 231,473 Year 4 $ 111,615 Total. 784,450 San Francisco State University Technical Assistance and Oversight: Eric Hsu -Manages the Project, develops curriculum in concert with Instructional Design Team= $8,800 in Year 1, $8,976 in Year 2, for a total of $ 17,776 Curriculum Development and Technical Assistance: Brandy Wiegers - Assists in developing and revising curriculum for Core Engineering Bridge = $35,000 in Year I - $28,000 paid for by another grant = $7,000, $17,850 in Year 2, $0 in Year 3, and $0 in Year 4 fora total of $24,850 Fringe/Benefits @ 44% and 48% respectively = $20,672 in Year 1, $12,517 in Year-2, $0 'in Years 3 and 4 for a total of $33,189 Page 6 of 12 20A -88 DOL SGA- DFA- PY -10 -13 Orange County Bridge to Engineering Travel to LA (4 trips /year x 1 staff) - Coordination of project statewide. = $1,660 in Year and $0 in Year 4 for a total of $3,320 1, $1,660 in Year 2, $0 in Year 3, Supplies and Materials'(School of Engineering) - To support developing curriculum $1,0 = $1,000 in Year 1, $1,000 in Year 2, $0 in Year 3, and $0 in Year 4 for a total of $2,00 Indirect Costs W %) = $3,131 in Year 1, $3360 in Year 2, $0 in Year 3, and $0 in Year 4 for a total of $6,491 San Francisco State University Subtotal Project Year Funds Re quested Year 1 $ 42,264 Year 2 $ 45,364 . $ 0 Year 3 $ 0 Year 4 Total $ 87,626 R_ apid Tech Summer.Institute Program Director: Dedicates er Engineering Institutes. n recruiting industry partners for OC B2E $25,000 in Year 2, $25,000 in Year 3, and $25,000 in Year 4 for a total of $100,000 Year 3, and $30,000 in Year 4 Year 1, Supplies = $5,000 in Year 1, $10,000 in Year 2, $20,000 in for a total of $65,000 Software: Complex 3D modeling software to increase capacity of Summer Engn Ye ng ,and Institute to serve more students. = $15,000 in Year 1, $4,000 in Year 2, $4,000 in Year 4 for a total of $27;000 d with Summer Summer Institutes Costs: Direct costs associohorts from Community Colleges in Years 3 20 CSUF /UCl students in Y1, 30 in Y2, and c and 4 = $20,000 in Year 1, $20,000 in Year 2, $35,000 in Year 3, and $35,000 in Year 4 for a total of $110,000 workshops= $2,300 in Year 1; $2,300 in Year 2, $5,000 in Year 3, and $5,000 in Year 4 for a total of $1'4,600 Rapid Tech Subtotal Requested Funds Requ _ Project Year '7,300 Year 1 $ 6 Year 2 $ 61,300 Year 3 $ 89,000 Year 4 $ 99,000 Page 7 of 12 4IMPI:11'J, DOL SGA- DFA- PY -10 -13 Total $ 316,600 Growth Sector Orange County Bridge to Englneering Project Liaison - Coordinates curriculum development with Canada College and SFSU, manages Student Support Specialists, coordinates internships with OCTANe, AMUG, UCI SAGE and other employers, actis as liaison with WIB to ensure all project goals are on track = $75,000 in Year 1, $75,000. in Year 2, $75,000 in Year 3, and $75,000 in Year 4 for a total of $300,000. Admin support - assistance with scheduling, tracking, reporting, meeting coordination. 0,15 FTE at $45,000/FTE = 36,750 in Year 1, $6,750 in Year 2, $6,750 in Year 3, and $6,750 in Year 4 for a total of $27,000 Fringe/Benefits - Including medical; retirement, etc. Calculated at 24% of salaries $19,620 in Year 1, $19,620 in Year 2, $19,620 in Year 3, and $19,620 in Year 4 for a total of $78,480 Travel to Orange County Overnight from 13ayArea, for supervision of Student Support specialists, meeting. with Steering Committee and Instructional Design Team, SA WIB. Eight 2 -day trips per year at $324 for airfare, $35 /day for per diem, $70 for hotel = $2,949 in Year 1, $2,949 in Year 2, $2,949 in Year 3, and $2,949 in Year 4 for a total of $11,796 Day Travel to Orange County from Bay Area for supervision of Student Support specialists, meeting with Steering Committee and Instructional Design Team, SA WIB. Eight day trips per year at $324 for airfare, $35 /day for per'diem.= $2,872 in Year 1, $2,872 in Year 2, $2,872 in Year 3, and $2,872 in Year 4 for a total of $•11,488 Between overnight and day trips, the Project Liaison will spend a total of 48 working days per year in Orange County, an average of four full days per month. He will also be in constant email and phone'communication with partners. Student Support Specialists: 2 specialists (l per community college). Plays critical role in outreach and recruitment of community college cohorts. Envisioned as a recent CSUF /UCI graduate and ideally former community college student who can relate to OC 132E cohorts and the diversity of their needs and strengths. Provides mentoring, social' and academic support, and coordinates referrals to student support services at the colleges and through the SA WIB. Works closely with SA WIB case manager. Works primarily with cohorts at community college, however, starts working with existing engineering students in Y1 as well. Contract amount rises in Years, 2, 3 and 4 as there are more cohorts to work with = $I00,000 in Year 1, $105,000 in Year 2, $110,000 in Year 3, and $120,000 in Year 4 for a total of $435,000 Growth Sector Subtotal Project Year Funds'Requested Year 1 $ 207,191 Page 8 of 12 41 ' IAC DOL SGA- DFA- PY -10 -13 Year 2 $ 212,191 Year 3 $ 217,191 Year 4 $ 227,191 Total $ 863,764 UC Irvine Orange County Bridge to Engineering SAGE Scholars Program: Staff time and outreach costs to recruit existing engineering students, particularly women and/or students from underrepresented minority populations for long -term internships /OJTs in Years 1 and 2, and to find internships /OJTs for OC 132E UCI transfers in Years 3 and 4. Also instructional time for workplace readiness /business culture class, outreach, and recruiting costs = $20,000 in Year 1, $25,000 in Year 2, $35,000 in Year 3, $54,000 in Year 4 (when 2 cohorts' worth of transfers will be coming into UCI) for a total of $134;000. Faculty Instructional Design Stipend: UCI engineering Faculty member to serve on instructional design team, help develop RapidTech summer institute curriculum and work on articulation between community colleges and UCI. $20,000 in Year 1, $10,000 /year in Years 2 -4 for a total of $50,000. Summer Scholars Transfer Institute: Per student cost for existing CC engineering students to attend a residential UCI Summer Scholar Transfer Institute, earn UCI credits, and learn• more about transfering to UCI. $1,000 per student x 5 students in Year 1, 5 students in Year 2, 10 students in Year-3, and 22 students in Year 4, plus $500 in materials costs. $5,000 in Years I and 2, $10,000 in Year 3 and $22,500 in Year 4 for a.total of $42,500. UC Irvine Subtotal Project Year Funds Requested Year I $ 45,000 Year 2 $ 40,000 Year 3 $ 55,000 Year 4 $ 86,500 Total $ 226,500 OCTANe Provides staff time and recruitment efforts to identify, and coordinate OJT opportunities for OC 132E community college cohorts, from among the over 500 OCTANe member businesses. Project Year Funds Requested Year 1 $ 0 Page 9 of 12 Orange County Bridge to Engineering DOL SGA- DFA- PY -10 -13 $ 0 Year 2 $ 50,000 Year 3 $ 50,000 Year 4 Total $ 100,000 _California State University Fullerton Project Coordinator: 10% FTE to coordinate with other to partnersp smento seC$5,500 n Year 1, J cohorts and tutor /mentors once per month, recruit/hire to $5,500 in Year 2, $5,500 in Year 3, and $5,500 in Year 4 for a total of $22,000 Academic Counselor: Provides dedicated academic counseling el B services t a to C Years 3 and 4: engineering students: existing students in Years 1 , 0:25 FTE = $2,286 in Year 1, $2,286 in Year 2, $2,286 in Year 3, and $2,286 in Year 4 for a total of $9,144 in Years I and 2, Tutorial (10 hrs /weelc at $11 /hr.): Dedicated tutorial 3 andl4o $4,180 n students $4,180 in Year 2, OC ME community college transfers to Yea $8,360 in Year 3, and $8,360 in Year 4 for a total of $25,080 Counselor, 15% Fz ingeBenefits; Calculated at 48% for Projec,n eart2a$4,984 in Yea 3c and $4,984 in for student tutorial = $4,357 in Year 1, $4,357 Year 4 for a total of $18,684 unity college Engineering Field Trips for existing• students t Year 2, $2 000 n Yea and $2,000 transfers in Years 3 and 4 = $1,000 in Year 1, $1,000 in in Year 4 for a total of $6,000 ic instructional Faculty stipend: Stipend CSUF engineering ent for cou sework at community colleges with • design team, including articulation ttnprov CSUF team, work = $15,000 in Year 1, $15,000 in Year 2, $10,000 in Year 3, and $10,000 in Year 4 for a.total of $50,000 Indirect Costs ( @8 %) _ $2,586 in Year 1, $2,586 in Year 2, $2,650 in Year 3, and $2,650 in Year 4 for a total of $10,473 California State Universi al Project Year dsrRequete d Year 1 $ 34,909 Year 2 $ 34,909 Year 3 - $ 35,781 Year 4 $ 35,781 Total $ 141,380 Page 10 of 12 20A -92 DOL SGA- bFA- PY -10 -13 Orange County Bridge to Engineering Subtotal Contractual Project Year Funds Requested Year 1 Year 1 $ 802,290 Year.2 $ 836,851 Year 3 $ 878,808 Year 4 $ 833,797 Total $ 3,351,747 G. Construction None. H. Other OJT wage subsidies— Subsidies for wages for OC ME participants' OJT placements at an average 'of $4,420 each. Growth Sector, OCTANe, .UCI SAGE, AMUG, and the Santa Ana WIB will all collaborate as part of the Steering Committee's OJT Subcommitee to develop a formula and structure for subsidizing OJT based on size of company and length of placement. Calculation; $17 /hour x 10 hours /week x 26 weeks /year x 15 students in Year 1, 25 students in Year 2, 56 students in Year 3, and 126 students in Year 4 (Years 3 and 4 assuming some attrition)= $66,300 in'Year 1, $110,500 in Year 2, $262,990 in Year 3, and $556,920 in Year 4. Subtotal Other Project Year Funds Requested Year 1 Year 1 $ 66,300 Year 2 $ 11.0,500 Year 3 $ 262,990 Year 4 $ 556,920 Total $ 996,710 I. Total Direct Costs Project Year Funds Requested Year 1 $ 993,443 Year 2 $ 1,072,204 Year 3 $ 1,266,651 Year 4 $ 1,515,570 Page 11 of 12 411 ' •"R DOL SGA- DFA- PY -10 -13 Total J. Indirect Costs Calculation: 3.096/o x Total Direct Costs Project Year Year 1 Year 2 Year 3 Year 4 Total K. Training Stipends None Total Costs Orange County Bridge to Engineering 4,847,867 Funds Requested Funds Requested $ 19,115 $ 23,535 .$ 38,784 $ 68,177 $ 149,612 . Project Year Funds Requested Year 1 $ . 1,012,558 Year 2 -$ 1,095,739 Year 3 $ 1,305,435 Year 4 $ 1,583,747 Total $ 41997,479 Page 12 of 12 PART 111. tRp►NCESICERTIFICATiONS ASS.. 41 7 •R OMB Approval No. 4040 -0007 Expiratlon Date 04 /30/2008. ` ASSURANCES - NON - CONSTRUCTION PROGRAMS Public reporting burden for this collection of Information is estimated to average 15 minutes per response, including time for reviewing Instructions, searching existing data sources, gathering and maintalding the data needed, and completing and reviewing. the collection of Information. Send,comments regarding the burden estimate or any other aspect of this collection of Information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348 - 0400), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORIING AGENCY. NOTE: Certain of these -assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: (1) Has the legal authority to apply for Federal Assistance,'and the institutional, managerial and financial capability (Including funds sufficient to pay the non - Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. (2) Will give the awarding agency, the Comptroller General of the United States, and If appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system In accordance with generally accepted accounting standards or agency directives. (3) Will establish safeguards. to prohibit. employees from using their positions for a purpose that constitutes or presents the appearance of personal of organizational conflict of Interest, or personal gain. (4) Will initiate and 'complete the work within the applicable time frame after recelpt.of approval of the awarding agency. (5) Will comply with the intergovernmental Personnel Aot of 1970 (42 U.S.C.4728 -4763) relating to prescribed standards for merlt systems for programs funded under one of the 19 statutes or regulations speCifled in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). (6) WIII comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of. race, color or national origin; (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), Which prohibits discrimination on the basis of handicaps: (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 Drug Abuse Office and Treatment Act of 1972'(P.L. 92.255) as amended, relating to nondiscrimination on the basis of drug.abuse; (f) the Comprehen- sive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating'to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 523 and 527 of the Public Health Service Act of 1912 (42. U.S.C. 290 dd -3 and 296 ee -3), as amended; relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601:et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (1) any other nondiscrimination provisions In the specific statutes) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statue(s) which may apply to the application. (7) Will comply, or has already compiled, with the requirements of Titles It and ill'of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L, 91- 646)•which provides for fair and equitable treatment of persons displaced or whose property Is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests In real property acquired for project purposes regardless of Federal participation in purchases. ' (8) Will comply,.as applicable, with the provisions of the Hatch Act (5 U.S.C. f501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. (9) Will comply, as applicable; with the provisions of the Davis -Bacon Act (40 U.S.C. 276a to 276a- 7),'the Copeland Abt (40 U.S.C. 276c and 18 U.S.C. 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C'. 327 -3, regarding labor standards for federally assisted construction subagreements. (10) Will comply, if applicable, with Flood Insurance Purchase Requirements of Section 102(x) of the Flood Disaster protection Act of 1973 (P.L, 93 -234) which requires recipients in p special flood hazard area to participate in the program and to purchase flood Insurance if the total cost of insurable construction and.acquisition Is $10,000 or more. (11) Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L., 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection . of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in Flood plains In accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 ei seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as .amended (.42 U.S.C. 7401 at seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P,L.'93 -523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93 -205). (12) Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 at seq.) related to protecting components or potential components of the National Wild and Scenic Rivers System. (13) Will assist the awarding agency in assuring compliarice with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (Identification and protection of historic. properties), and theA'rchaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a.1 et seq ;). (14) Will comply with P.L. 93 -348 regarding the protection of human 41 ' 'I0 Subjects Involved In research, development, and related actfvlties supported by this award of assistance. t the (q 5) Wlli comply with the Labbratory Animal Welfare Act ni g to* (Q L.) 89.544, as amended, 7 U.S.O.2131 et seq.) pertaining to* the handling, and tOe other a ti t Qs supp rted by thss award of research, teaching, assistance. I with the Lead-Bated ebits the use.of lead based Prevention palntct (16) Will comp y which p (42 U.S.C. 4801 et seq.) in construction or rehabilitation of residence structures. *SIGN% TURE•OF AUTHORIZED C Rlof these assurances) (Use of grant funds certifies acceptance *APPLICANT ORGANIZATION (47) Will cause to be performed the required financial and compli- ance audits In accordance with the Stn Audit Audit States, Local Amendments of 1996 and OMB Circular No. A- 133, " Governments, and Non Profit Organization.- Will comply wlth all applicable requirements f mee gof all of (I 8,J Find laws, executive orders, regulations nd p program. 'TITLE *DATE SUBMITTED (Use of grant funds certifies acceptance of these assurances Standard Form 424E (Rev. 7-0) Back Lobb in Cerci teation (29 CFR Part 9� l%ZSIYLiGCCVrw - -- e report entity, payment or agreement to make payment to closure forth shall be completed by tli p whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal Acton, This disclosure agency, a Member bf Congress, an officer or employee of Congress, or he or i material change to a previous filing, pursuant to title 31 Ll,�,C. section 1352: The filing of a form is required for each paYm any material entity for influencing or attempting to influence an officer or employee of any ag y' Continuation Sheet for additionalda ce published by the Office of employee of a Member of Congers in° connection with a covered Federal action. Use the .S A . form is inadequate. Complete all item infoisinationor both the initial filing and material change report. Refer to the implementing gtu P covered Federal Management and Budget for additional 1 • Identify the typd of covered Federal action for which lobbying aeti9k is and/or has been secured to influence the outcamc o, a action, 2. Identify the status of the covered. Federal action. ' which the change occurred. Enter the date of the last previously submitted report by this reporting entity 3. Identify the appropriate classification of this report. if this is a followup report caused by a material change to the information previous y reported, enter the year and quarte for this covered' Federal action. appropriate Enter the full name, address, city, state and zip code df the reporting entity. Include Congr essional District, if known. Check the 4, rime is the 1st tier, Subawards include but are not limited tp subcontracts, subgrants and contract awards under classification of the reporting entity that designates if it is, or expects to be, a prime or'subaward recipient. Identify the tier of the su ewer nd e.g., the first subawardee of the p grants. 5 If the organization filing the report m item f checks °subawardee ", than enter the full name, address, city, state and zip code of the prime Federal recipient, Include Congressional District, i 6. Enter the name.of the Federal agency making s othe award or loan States Coast Guard. etude at least one orgariizztional level below agency name, if known.' For example, Department•of Trap p Enter the Federal program name or description for the covered Federal action (item 1). If known, toter the full Catalog of Federal Domestic 7. Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. Request for Proposal (RFP) S. ' grant announcement number, the contract gent, or loan award number, the appllcation/proposai Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 e.g:, q number; invitation for Bid (IFB) number, gra IRFP- DE-g0- 001." control number assigned by the Federal agency), include prefixes, . 9 ,' q For a covered Federal action wherein ere as been an in item 4 or 5. rmmtment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity the to orting entity identified in item 4 to Enter the full name, address, city; s 10. (a) tate and Zip code of the lobbying entity engaged by P influence the covered Federal action. Enter Last (b) Enter the foil names e aodt the Individual(i) idual() ) rforming services, and Include full address !f different from i0 {a). Name, First Nam , tanned Check all boxes that apply. If this is a 11. Eater the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity em 10 }. ' Indicate whether the payfnent has been made (actual) or will be made (p )• material change report , enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate boxes }. Check all boxes that apply: It payment Is made through an in kind contribution, specify the nature and value of the in -kind payment. Check all boxes that apply. If other, specify nature.. 13. Check the appropriate box(es). 14, Provide a specific and detailed description code all preparatory services andtretlated activity, not Just time e(s), r actual em 1econtact rf 9 Federal that hwere date(s) of any services rendered, in officials, Identify the Federal officials) or employees) contacted or the officor(s), employ ( , contacted. 15. Check whether or riot a SF -LLL -A Continuation Sheets) is attached. 1 g, The certifying official shall sign and date the form, print hislher name, title, and telephone number. time for reviewing Instructions, hering and maintaining the data needed, oalnformiation, incuding suggestionis to educing thislburdenno the rF reporting burden for this collection of Information is estimated to average 30 minutes per response, Inc u ng hing exisling data souceslat ents regarding the burden estimate or any other aspect of this of Management and Budget, Paperwork Reduction ProJect.(0348- 0046), Washington, Q.C. 20503. DISCLOSURE OF LOBBYING ACTIVI I ICJ Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1362 0348 -0046 3. * Report Type: * Type of Federal Action: 2. *Status of Federal Action: ® a, initial filing a, bid /offeriappiicatlon ❑ b, material change Ft. contract ® b. Initial award ® b. grant C. cooperative agreement c. post -award d. loan Ela. loan guarantee F1f, loaninsuronce 4. Name and Address of Reporting Entity: ®Prime El SubAwardee 'Name City of Santa Ana , street 2 •streetl 20 Civic Center Plaza ZIP Slate ' city. Santa Ana --- Congressional Dtsinct, If known:. 6. If Reporting Entity in No,4 IS SUbawardee, Enter Name and Address of Prime: 7. * Federal Program NamelDescription: 6. * Federal �OfL.bor mentlAge ney: Grants N -113 Job Training U.S. Departme —� CFDA Number, If appHceblo; v • 2a�_ 9. Award Amount, if known: B. Federal Action Number, if known: 10. a. Name and Address of lobbying Registrant: Middle Name Prefix, [:= 'FirstNama Not Applicable Suffix • Last Name Not Applicable �—.-- Street 2 • Street f Zip Sfafe City b. Individual Performing Services (including address it different from No. IOa) Middle Name prefix • First Name Not Applicable Suffix 'Last Name Not Applicable Street 2 Street 1 - —} zip State 1 city 11. Information requested through This form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon e reported ss semi - annually and will be available for public Inspection. Any person who falls to file the required disclosure shalt be subject to a civil penally of not less than Information was pieced by the tier above when the transaction was made or entered Into. This disclosure is required pursuant to 31 U.S.C. 1352. This Information will be reports o the Congre $Iopoo and not more than $100,000 for each such fat • Signature: Carlos de la Riv We Name Prefix First Name Linda 'Name: suffix Title: •Last Name Tolephon Oberman Date: 06/02/2011 e No � k ° T7ki Authorized ror t oral Reproduction F6rm•LLL(ftev.7.97) ' Authorized for Local Reproduction Standard�� i-.cirur. nF LOBBYIN CA1�1 TIFIS Approved by OMB 0348 -0046 all "d_11IC, PART IV SPECIAL CLAUSES AND CONDITIONS SPEC . Should there be any inconsistency between these Clauses /Conditions. and the Awardee's proposal, these Clauses /Conditions shall gover n. 20A -101. PART IV - SPECIAL CLAUSES Clause #1:- .BUDGET LINE ITEM FLEXIBILITY Flexibility is allowed within the grant budget (except wages, salaries and fringe benefits, and indirect cost rates), provided no single line item is increased or decreased by more. than 20%. Changes in excess of 20% and any changes in wages, salaries and fringe benefits, and indirect cost rates MUST receive prior written approval from the Grant Officer. Any changes in mix or match. within the wages and salaries line do not require a grant modification. However, your assigned DOL Federal Project Officer (FPO) must review these changes prior to implementing these changes. Failure to obtain such prior written approval may result in cost disallowance. Clause #2: - INDIRECT COST RATE AND COST ALLOCATION PLAN. This clause is applicable to all awardees receiving funds from multiple sources. Organizations receiving funds from only one source do not need an approved indirect cost rate (ICR) or cost allocation plan (CAP). Mark the appropriate. clause for your organization and fill in the blanks, as appropriate:- _ A. A current approved CAP or ICR agreement dated has been provided and approved by ' (Federal Cognizant agency - Copy Attached). Regarding only the ICR agreement, a) Indirect Rate approved � . % nal /Predetermined /Fixed) See attached ICR b) Type.of Indirect Cost Rate (Provisio aareement c) Allocation Base See attached ICR agreement d) Current period applicable to rate See attached I CR agreement X B. No CAP or ICR agreement has been approved by a Federal Agency. Note: Regarding "B ", a pro rata share of the indirect costs specified on the 424A, Section B, Object Class Category, "j ",.has been approved for the first 90 days of the grant period. This is based on the fact that your organization has not established an ICR agreement or approved CAP. Within this 90 -day period, ou must submit an acceptable indirect cost proposal or CAP to your Federal cognizant agency to obtain a provisional indirect rate or a CAP approval.. Failure on your part to submit an indirect cost proposal within this 90 day period means that you shall not receive further reimbursement for your indirect costs. If DOL is your Federal cognizant agency, proposals shall be sent to the appropriate office in the DOL's Division of Cost-Determination, (see detailed list attached). i Armildina nrenonderance of Federal funds to the organizati20 A-1 02 Ceiling Indirect Amounts (applicable to A or B above): An Indirect Cost ceiling in the amount of $---1-49,612 _, as specified on the 424A, Section B, Object Class Category, "j ", has been applied under this agreement based on the grantee's budget or written documentation received. The total amount of DOL's financial obligation under this award will not be increased to reimburse awardee organizations for higher negotiated indirect cost rates than those rates or amounts identified in this clause. Note: A ceiling amount does not exclude your organization- from the responsibility of submitting an indirect- cost rate for approval. Division of Cost Determination List of Addresses and Telephone Numbers As of March 2010 National Off ice _address and contact information: ..200 Constitution Avenub, N.W., S -1510 Washington, D.C. 20210 (P) 202- 603 -4100 (F) 202- 693 -4099 -Chief : Victor M. Lopez' E -mail address: lonez.victor ,dol.gov (P) 202. 6934106 Cost Location/ Negotiators E -mail Address R• egion 1 Damon • •tomchick.damon(a7dol.gov D:C. Tomchick I2 Casey • carros.casimer(a)do, l.goy D.C. Carron I3 Margie merced.margie(a,dol.gov D.C. Merced Address Same as National Office Same as National Office Phone/FAX (P)202- 693 -4105 (F) 202- 693 -4099 (P)202- 693-4107 (F) 202- 693 -4099 Same as National (P) 202 - 693 -4104 ' Office (F) 202 - 693 -4099 4 Stephen. cosminski.stephen(@dol.kov Philadelphia 125 Oak Drive (P) 215- 257 -8712 Cosminski Sellersville, PA 18960 (F) 215 - 257 -8994 5 Ronald goolsby.ronald a,dol.goy Chicago 230 South Dearborn (P) 312 - 886 -5247 Goolsby St. Room 1016 . (F) 312 -353 -0704 . Chicago; IL 60604- 1505 6 Carol mckone.carol(a)dol,gov Dallas P.O. Box 821067 (P) 817- 281 -1503 McKone . Tt. Worth, TX 761'82 (1*) 817- 281 -1530 7 Arthur campbell.arthur[7a,dol.gov Seattle P.O. Box 3433 (P) 425 -271 -3848 Campbell Renton, WA 98056 (F) 425- 271 -5295 * Cost Negotiators are generally' responsible for organizations located in their regions, as follows: Washington D.C. staff— Washington D.C. metro area and Atlanta region (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee). Philadelphia region: Connecticut, Maine, Massachusetts, New Hampshire, Vermont, Rhode Island, New York, New Jersey, Pennsylvania, Puerto Rico, Delaware, Maryland, Virginia, West Virginia, Virgin Islands. Chicago region: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, North Dalrota, South Dakota, Nebraska, Ohio, and Wisconsin. Dallas;region: Arkansas, Louisiana, Kentucky, Oklahoma, Texas, Colorado, Nevada, Arizona, Wyoming, and New Mexico. Seattle region: Alaska, Idaho, Oregon, Washington, Montana, Utah, California, & Hawaii. 41l_d_[ly THiS GRANT IS SUBJECT TO: 2 CFR Part 170 Appendix A to Part 170 —Award Term I. Reporting Subawards and Executive Compensatlon. a. Reporting offirst -tier subawards. • ded In paragraph d, of this award term, you must report each action that obligates $25,000 or more In Federal funds [hat 1. Applicability. Unless you are exempt as provi does not Include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009,, Pub. L. 111 -5) for a subaward to an entity (see definitions In paragraph e. of this award term). 2. Where and when to report.' 1. You must report each obligating action described In paragraph a.1: of this award tern to )attwhich- w.fsrs.aov. 11. For subaward information, report nC later than the end of the month following the month In which the obUgatlon was made:,(For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than'December 31, 2010.) 3. What to report. You must report the Information about.each obligating action that the submission Instructions posted at http:l /www fsrs.00v specify. b. Reporting Total'Compensation of Recipteht Executives. i• Applicability and what to report. Yolr must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if i. the total Federal funding authorized!to date under this award Is $25,000 or more; 11, in the preceding If scat year, you received — (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more In annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, ;as defined at 2 CFR 170.320 (and subawards);.and, III. The public does not have access to Information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code A of 1986. 9o%atermin /If the publhtm.) access to the compensation Information, see the U.S. Securfiy and Exchange Commission total compensation filings at 2. Where and when to report. You must report executive total compensation described In paragraph M. of this award term ,,. 1. As part of your registration profile at h io•f /www.cor.gov. ' ii. By the end of the month following the month In which this award is made, and annually thereafter. c: Reporting of Total Compensation of Subreclplent Executives. 1. Applicability and what to report. Unies§ you are exempt as provided in paragraph d: of this award term, for each first -tier subreciplent under this award, you shell report If— the names and total compensation of each of the subreclplent's five most highly compensated executives for the subrecipient's preceding completed fiscal year, ii- i. in the stjbreciplent's preceding fiscal year, the subreciplenf received- - (A) 86percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Trahsparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); end il, The public doe's not have access to information about the compensation of the executives through periodic reports fled under section access or he c m the Securities Exchange Act of 1934 (15 U.S,C. 78m(a), 78o(d)) or section 6104'of the Internal Revenue Code of 1988. (To determine if the public has access to the compensation Information, see the U.S.'Security and Exchange Commission total compensation filings at htto'IAvw /answers /execomo.htm.) sec gov 2. Where and when to-report, You must report subreciplent executive total compensation described in paragraph c.1. of this award term: 1. To the recipient. or example, if a subaward is obligated on- any By the end bf the mon6 following the month during which you make the subaward. Fny dale during the month of October of a Information of the subrecipient 6y November 30 of that year. given year (i.e., between October 1 and 31), you must report any required compensation d. Exemptions If,-)n the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: I. Subawards, and it. The total compensation of the five most highly compensated executives of any subreciplent.' e. Definitions. For purposes of this award term: 1. Entity means all of the following, as defined in 2 CFR part 25: I. A Governmental organization, which is a State, local government, or Indian tribe; t1, A foreign public entity; Ili. A domestic or foreign nonprofit organization; Iv. A domestic or foreign for - profit organization; v. A Federal agency, but only as a subreciplent under an award or subaward to a non - Federal entity. 2. Executive means officers, managing partners, or any other employees In management positions. 3. Subaward: 1. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subreciplent. It. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, sea Sec. -- .210 of the attachment to OMO Circular A- 133, "Audits of States,. Local Governments, and Non - Profit Organizations "). Ill. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. Subrecipient means an entity that. I. Receives a subaward from you (the recipient) under this award; and ii. is accountable to you for the use of the Federal funds provided by the subaward. 5. Total compensation means the cash and noncash dollar value earned by the executive during the reciplent's or subreciplent's preceding fiscal year and Includes the. following (for more Information see 17 CFR 229.402(cx2)): [,.Salary and bonus. ur oses with res act to the fiscal year 11. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recogniz9d for financial statement reporting p p P In accordance with the Statement of Financial Accounting Standards No. 123 (ReVlsed.2004) (FAS 123R), Shared Based Payments. III. Earnings for services under non- equliy Incentive plans. This does not Include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. I Above-market in.pe sion value. deferred compensation which is not taxequalitlednefit and actuarial pension plans. A; Other compensation, If the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the ardblovee. oeroulsltes or property) for the executive exceeds $10,000. 20A -105 iv. Safeguarding Data Including Personally Identifiable Information Applicant's submitting proposals-in response to this SGA must recognize that confidentiality of sensitive data is of . paramount importance to the Department of Labor and must be observed except where disclosure is allowed by the prior written approval of the Grant Officer or by court order. By submitting a proposal, Grantees are assuring that all data exchanges conducted through or during the - course of performance of this grant will be conducted in a manner consistent with applicable Federal law. All such activity conducted by ETA and /or Grantee /s will be,performed in, a manner consistent with applicable state and Federal laws. By submitting a grant proposal, the applicant agrees to take all necessary steps to protect such confidentiality by complying with the following provisions that are applicable in governing their handling of confidential information: 1. Grantees shall not extract information'from data supplied by DOUETA for any purpose not stated in the SGA. 2. Grantees shall retain data received from DOUETA only for the period of time required to utilize it for assessment and other purposes, or to satisfy applicable federal records retention requirements, if any. Thereafter, the Grantee agrees that all data will be destroyed, including the degaussing of magnetic tape files and permanent deletion of electronic data. 3. Grantees shall ensure that any information used during the performance of this Grant has been obtained and is being transmitted In conformity with applicable Federal and state laws governing the confidentiality of information. Information - transmitted to DOUETA containing sensitive information including personally identifiable information (1311) must be encrypted using National. Institute of Standards and Technology (NIST) Federal Information Processing Standards (FIPS) 140 -2 validated-products. The encrypted information must'be encrypted in a form that would allow the receiver of the information to decrypt the information without installing additional software or tools. 4. Access to any information created by DOUETA shall be restricted to only those employees of the Grant recipient who need it in their official capacity to perform duties in connection with the Scope of Work outlined in this SGA. 5. Grantee employees and other personnel who will have access to sensitive /confidential /proprietary /private data shall be advised of the confidential nature of the information, the safeguards required to protect the information, and the civil and criminal sanctions for noncompliance with such safeguards that are contained in Federal and state laws. 6. Prior to being able to have access to confidential data, Grantee employees and other personnel shall execute a standard document acknowledging their understanding of the confidential nature of the data and the safeguards with which they must comply in their handling of such data as well as the fact that they may be liable to civil and criminal sanctions for improper disclosure. 7. Grantees further acknowledge that all data obtained through DOUETA shall be stored in an area that is physically safe from access by unauthorized persons at all times and the data will be processed using grantee issued equipment, managed information, technology (IT) services, and designated locations approved by DOUETA. Accessing, processing, and storing of DOUETA data on personally owned equipment, at off -site locations e.g. employee's home, and non - Grantee managed IT services e.g, yahoo mail, is strictly prohibited unless approved by DOUETA. 8. All data shall be processed in a manner that will protect the confidentiality of the records /documents and is designed to prevent unauthorized persons from retrieving such records by computer, remote terminal or any other means. Data may be downloaded to, or maintained on, mobile or portable devices only if the data are encrypted using NIST FIPS 140 -2 validated products. In addition, wage data may only be accessed.from secure locations. 9. Data obtained by the Grantee through a request shall not be disclosed to third partie's except as permitted by the Grant Officer. 10. Grantees shall permit ETA to make onsite inspections during regular business hours for the purpose of conducting audits and /or to conduct other investigations to assure that the Grantee is complying with the confidentiality requirements described abbve. In accordance with this responsibility, Grantees shall make records applicable to this Agreement available to authorized persons for the purpose of inspection, review, and /or audit. 11. Grantees shall take the steps necessary to ensure the privacy of all PH obtained from participants and /or other individuals and to protect such information from disclosure to unauthorized individuals. Grantees shall maintain such PII in accordance with the DOL /ETA standards for information security provided herein, including any updates to such standards provided to the Grantee by DOUETA. Grantees shall report immediately to the DOL ETA Information Security Officer (ISO) any suspected or confirmed breaches or compromise of PH obtained from participants and /or other individuals, 4111_dI1I1 PART 1V - SPECIAL CONDITIONS 1 Federal Proiect Officer_: The DOL /ETA Federal Project Officer (FPO) for this grant/agreement is: Jeffrey Chism U.S. Department of Labor /ETA George W.�Bush Federal Building .907 th Stre6t, Suite 17 -300 San Francisco, CA 94103 (415)625 -7956 Email: chism.ieffrey()dol.gov The FPO is not authorized to change any of the terms or conditions of the grantlagreement. Such changes, if any, will be accomplished by the Grant Officer by the use of a properly executed grant/agreement modification. 2. Equipment: Award ees must receive prior approval from the DOUETA Grant Officer.for the purchase and /or lease of any equipment with a per unit acquisition cost of $5,000 or more, and a useful life of more than one year. This includes the purchases of ADP equipment. The grant award does not give approval for equipment even if it 'is specified in a grantee's statement of work unless specifically approved in the grant award execution letter by the Grant Officer. if not, the awardee must submit a detailed description list to the FPO for review within 30 days ofthe grant/agreement award date. Failure to do so will necessitate the need for approval of equipment purchase on an individual basis. 3. Program Income: The awardee is authorized to utilize the addition method if any Program Income is generated throughout the duration of this grant/ agreement. The awardee is allowed to deduct costs incidental to generating Program Income to arrive at -a net Program Income [29 CFR Part 95.24(c)]; or [29 CFR Part 97.25(c)(g)(2)], 4. Pre - Award: The awardee hereby agrees that all costs incurred by the awardee prior to the start date specified in the grant agreement issued by the Department are incurred at the awardee's own expense. 5. Reports: All ETA grantees are required to submit quarterly financial and narrative progress reports for each grant award. A. Quarterly Financial Reports. Pursuant to Training and Employment Notice (TEN) 12- 07, all ETA grantees are required -to report quarterly financial data on the ETA 9130, no later than 45-days after the end of each reporting quarter. Reporting quarter end dates are June 30, September 30, December 31, and March 31. 1. The previously used Standard Form 269 is no longer-accepted by ETA. The ETA on -line reporting system has been modified to accommodate the ETA 9130 required data elements which includes a new Federal cash section. Expenditures are required to be reported on an accrual basis, cumulative from the beginning of the life of a grant, through the end of each reporting period. 20A -107 2. The instructions for accessing both the on -line financial reporting system and the HHS Payment Management System can be found in the transmittal memo accompanying this grant award document. Copies of the ETA 9130 and detailed reporting instructions are available at www.doleta.gov /grants. B. Quarterly Narrative Progress Reports. Grantees are required to submit a brief narrative:quarterly and final report to the designated Federal Project Officer (FPO) on grant activities funded under this agreement. All reports become due no later than 45 days after the end of each reporting quarter. Reporting quarter end dates are June 30, September 30, December 31, and March 31. The last quarterly progress report that grantees submit will serve as the grant's Final Performance Report. This report should provide both quarterly and cumulative information on the grant's activities. It must summarize project activities, employment outcomes and other deliverables, and related results of the project. 2. The awardee shall use any standard forms and instructions to report -on training and employment outcomes and other data relating to the progress reports.as provided by ETA. 3. The'awardee shall utilize standard reporting processes and electronic reporting systems to submit their quarterly progress reports as provided by ETA. 6. Consults: Consultant fees paid under this grant/agreement shall be limited to $585 per day without additional DOL Grant Officer approval. 7. Rebates: The awardee agrees to advise the Grant Officer, in writing, of any forth6omin_p income resulting from lease /rental rebates or other rebates, interest, credits or any other monies or financial benefits to be received directly or indirectly as a result of or generated by these award dollars. Appropriate action must be taken to ensure that the Government is reimbursed proportionally from such income. 8. Publicity: No funds provided under this grant shall be used for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet,, publication, radio, television or film presentation designed to support or defeat legislation pending before the Congress; except in presentation to the Congress itself. Nor shall grant funds be used to pay the salary or expenses of any grant or agreement awardee or agent acting for such awardee, related to any activity designed to influence legislation or appropriations pending before the Congress. 9. Public Announcements: When issuing statements, press releases, requests for proposals, bid solicitation, and other documents describing project or programs funded in whole or in part with Federal money, all awardees receiving Federal funds, shall clearly state. (1) the percentage of the total cost of the program or project which- will be financed with Federal money, and (2) the dollar amount of Federal funds for the project or program. 41 1id_[11967 10. Executive Order 12928: In compliance with Executive order 12928, the Grantee is strongly encouraged to provide subcontracting/ subgranting opportunities to Historically Black Colleges and Universities and other Minority Institutions such as Hispanic Serving Institutions and Tribal Colleges and Universities; and to Small Businesses Owned and Controlled by Socially and Economically Disadvahtaged Individuals, 11. Procurement: Except as specifically provided, DOL/ETA acceptance of a proposal and an award of federal funds to sponsor any program(s) does not provide a waiver of any grant requirements and /or procedures. For example, the OMB circulars require an entity's procurement procedures must require that all procurement transactions shall be conducted, as practical, to provide open and free competition. If a proposal identifies a specific entity:to provide the services, the DOL /ETA's award does not provide the justification or; basis to sole- source the procurement, i.e., avoid competition. 12. Veteran's Priority Provisions: The Jobs for Veterans Act (Public Law 107 -288) requires grantees to provide priority of service to veterans and spouses of certain veterans for the receipt.of employment, training, and placement services in any job training program directly funded, in whole or in part, by DOL. The regulations implementing this priority of service can be found at 20 CF,R part.1010. In circumstances where a grant recipient must-choose, between two qualified candidates for a service, one of whom is'a veteran or eligible spouse, the veterans priority of service provisions require that the grant recipient give the veteran or eligible spouse. priority of service by first providing him or her that service. To.obtain priority of service, a veteran or spouse must meet the program's eligibility requirements. Grantees must comply with DOL guidance on veterans' priority. ETA's Training and Employment Guidance Letter (TEGL) No. 10 -09 (issued November 10, 2009) provides guidance on implementing priority of service for veterans and eligible spouses in all qualified job training programs funded in whole or in part by DOL.- TEGL No. 10 -09 is available at http://wdr.dol'eta.gov/directives/corr doc.cfm ?DOCN =2816. 13. Audits: The awardee agrees to comply with the required financial and compliance audits in accordance with the Single Audit Act. of 1984. 14: Salary and Bonus Limitations: Under Public Law 109 -234 and Public Law 111 -8, Section 111, none of the funds appropriated in Public Law 111 -5 or prior Acts-under the heading "Employment and Training" that are available for expenditure on or after June 15, 2006, shall be used by a recipient or sub - recipient of such funds to pay the salary and bonuses of an individual, either as.direct costs or indirect costs, at a rate in excess of Executive Level II. These limitations also apply to grants funded under this SGA. The salary and bonus limitation does not apply to vendors providing goods and services -as defined in OMB Circular A -133. See Training and Employment Guidance Letter number 5 -06 for further clarification: hftp://wdr.doleta.gov/directives/corr 'doc.cfm ?DOCN =2262. 15. Intellectual Property.Rights. The Federal.G.overnment reserves a paid -up, nonexclusive and irrevocable license to *reproduce, publish or otherwise use, and to authorize others to use for federal purposes: i) the copyright in all products developed under the grant, including a subgrant or contract under the grant or subgrant; and ii) any rights of copyright to which the grantee, subgrantee or a contractor purchases ownership under an award (including but not limited to curricula, aipiJ�g odes, technical assistance products, and any related materials). Such uses include, but are not limited to, the right to modify and distribute such products worldwide by any means, electronically or otherwise. Federal funds may not be used to pay any royalty or licensing fee associated with such copyrighted material, although they may be' used to pay costs for obtaining a copy which are limited to the developerlseller costs of copying and shipping. If revenues are generated through selling products developed with grant funds, including intellectual-property, these revenues are program income. Program income is added to the grant and must be expended for allowable grant activities. If applicable, the following needs to be on all products developed in whole or in part with grant funds: "This workforce solution was funded by a grant awarded by the U.S. Department of Labor's Employment 8nd Training Administration. The solution was created by the grantee and does not necessarily reflect the official position of the U.S. Department of Labor. The Department of Labor makes no guarantees, warranties, or assurances of any kind, express or implied, with respect to such information, including any.information on linked sites and including, but not limited to, accuracy of the information or its completeness, timeliness, usefulness, adequacy, continued availability, or ownership. This solution is copyrighted by the institution that created. it. Internal use, by an organization and /or personal use by an individual for non - commercial purposes, is permissible. All other uses require the prior authorization of the copyright owner." 16. Evaluation, Data, and Implementation: The grantee agrees to cooperate with the U.S. Department of Labor ( USDOL) in the conduct of a third -party evaluation, including providing to USDOL or its authorized contractor appropriate data and access.to program operating personnel and participants.in a. timely manner. 17. ACORN Prohibition: Section 511 of the Consolidated. Appropriations Act, 2010 (P.L..111- 117, Division E) ( "CAA "), requires that no direct or indirect funding from the Consolidated Appropriations Act may be provided to the Association of Community Organizations for Reform Now ( "ACORN ") or any of its subsidiaries through Federal grantees or contractors. DOL is required to take steps so that no Federal funds from. the Consolidated Appropriations Act, 2010, are awarded or obligated by DOL grantees or contractors to ACORN or its subsidiaries es- subgrantees,' subcontractors, or other subrecipients. This-prohibition applies not only to a direct recipient of Federal funds, but also to a subrecipient (e.g., a subcontractor, subgrantee, or contractor of a grantee). In the near future, ETA will issue.Training and Employment Guidance Letter ( "TEGL ".) number 8 -09 change 1, to provide detailed guidance concerning this prohibition: The TEGL will be on .ETA's website at http: / /wdr.doleta.gov /directives. If you have any additional questions, please contact your Grant Officer. 18. Additional Provisions: In performing its responsibilities under this grant agreement, the awardee hereby certifies and assures that it will fully comply with the following Provisions of the Workforce Investment Act (WIA) codified at: ■ 20 CFR 667.200, Administrative Rules, Costs and Limitations ■ 20 CFR 667.260, Prohibition on Real Property ■ 20 CFR 667.300, Reporting Requirements ■ 20 CFR 667.410, Oversight Roles and Responsibilities 20 CFR 667.500 & 667.510, Resolution 20A -110 r 20 CFR 667.700, Procedure to Impose Sanctions im 29 CFR Part 37, Implementation of the Nondiscrimination and Equal Opportunity Provisions•of the Workforce Investment Act of 1998 (WIA) Signing this award. agreement, or the expenditure of grant funds, certifies that your organization has read and will comply with all parts of this grant agreement. 20A -111 20A -112 20A -113 Contract No. AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this 6th day of February, 2012, 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 ( "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 increase training opportunities for unemployed individuals. One goal of California's Workforce Investment System is to provide the opportunities to find retain, or advance their employment. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ( "said program "). E. CONTRACTOR 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: I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit A ", attached hereto and by this reference incorporated herein: CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. THIS AGREEMENT SERVES AS A SPECIMEN FOR ALL EXHIBIT 2 AGREEMENTS REFERENCED IN THE ACTION TO BE 20A-1 14 PREPARED AND EXECUTED. Page 1 of 15 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. RESERVED 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 B" 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. 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 em loyees and participants related to this 2'OA -1 T5 Page 2 of 15 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 WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues 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. 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- 20A -116 Page 3 of 15 133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these 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 to that effect in a form as set forth in "Exhibit C," 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 certification as set forth in "Exhibit D" 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 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. 20A -117 Page 4 of 15 II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed ($ ) for CONTRACTOR'S performance in accordance with the payment schedule attached hereto as "Exhibit E" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CITY agrees to provide 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. C. CITY has the right to de- obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. III. TIME PERIOD OF AGREEMENT This Agreement shall commence on January 16, 2012, and all duties arising under this Agreement shall have been performed by . The term of this Agreement may be extended by a writing executed by the Deputy City Manager for Development Services 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. 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 20A -118 Page 5 of 15 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 A) 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 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. 2. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 3. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 4. 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. 5. 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. 6. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 7. CONTRACTOR shall comply with general provisions, assurances, and certifications attached hereto as "Exhibit V and incorporated herein. 8. 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." 20A -119 Page 6 of 15 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 41l_d_M Page 7 of 15 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. 14. 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: 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 20A-1 21 Page 8 of 15 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. Conductinia Business Involvina 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 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 20A-122 Page 9 of 15 the non - indemnifying parry 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. 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 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. 20A -123 Page 10 of 15 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. 2. All applicable State statutes, regulations, policies, procedures and directives; 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this 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 20" -124 Page 11 of 15 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 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 20A-1 2 5 Page 12 of 15 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 Manager, WIB Administrative Office P.O. Box 1988 (M -73) Santa Ana, CA 92702 CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 CONTRACTOR: XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. 20" -126 Page 13 of 15 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. 20A -127 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 Cleric of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney go Lisa E. Storck Assistant City Attorney CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" am Paul Walters Interim City Manager "CONTRACTOR" By: Contractor Name Contractor Title Fiscal Service Tax ID #: alb. Page 15 of 15 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 6, 2012 TITLE: AGREEMENTS AND APPROPRIATION ADJUSMENT FOR CARNIVALS AT CITY OWNED PARKS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Fiesta de Carnival in the amount of $22,500 for a one -year term, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute the attached agreement with "O" Entertainment in the amount of $15,250 for a one -year term, subject to non - substantive changes approved by the City Manager and City Attorney. 3. Authorize the City Manager and Clerk of the Council to execute the attached agreement with Robert Acosta & Associates in the amount of $13,500 for a one -year term, subject to non - substantive changes approved by the City Manager and City Attorney. 4. Approve an appropriation adjustment recognizing projected carnival revenue in the amount of $51,250 in the Recreation Special Fees and Donations revenue account (no. 02213002 57010) and appropriate funds to the Recreation Special Fees and Donations expenditure account (no. 02213200 62300). DISCUSSION A Request for Proposal for providing nine carnivals on City -owned parks was issued and mailed to 24 vendors. A pre - proposal conference was conducted on December 21, 2011, and four vendors submitted proposals for consideration. Robert Acosta & Associates, Shamrock Shows, Fiesta de Carnival and "O" Entertainment each submitted proposals for review. A five member evaluation committee consisting of representatives from Library, Police, Community Development, and Parks, Recreation and Community Services rated the four proposals. The committee rated each proposal based on the operator's ability to successfully conduct carnivals using the following evaluation criteria: Carnival Agreements and AA 41UN Carnival Agreements and AA February 6, 2012 Page 2 • Equipment capability and functionality (20 %) • Level of service and support (20 %) • Experience of firm and personnel (20 %) • Past performance (40 %) "O" Entertainment was rated highest, scoring 470 out of a maximum 500 points. Fiesta de Carnival scored 463 followed by Robert Acosta & Associates, which scored 419 points and Shamrock Shows, which scored 318 points. Fiesta de Carnival submitted for eight carnivals while Robert Acosta & Associates submitted for all nine carnivals. "O" Entertainment only submitted for two carnivals. Based on the results of the evaluation, the evaluation committee recommended the following 2012 Carnival Schedule: 41 = Park Site Promoter License Fee 1 Jerome Park "O" Entertainment 8,250 March 9 -11 Fri -Sun 2 Cesar Chavez Fiesta De Carnival 4,500 April 6 -8 Fri -Sun 3 Madison Fiesta De Carnival 8,750 May 25 -28 Fri -Mon 4 Rosita Park Robert Acosta & Associates 4,500 June 8 -10 Fri -Sun 5 El Salvador Fiesta De Carnival 2,250 June 15 -17 Fri -Mon 6 Jerome Park "0" Entertainment 7,000 August 10 -12 Fri -Sun 7 Madison Park Fiesta De Carnival 7,000 August 31 —September 3 Fri -Mon 8 Cesar Chavez Robert Acosta & Associates 4,500 October 12 -14 Fri -Sun 9 Delhi Robert Acosta & Associates 4,500 October 19 -21 Fri -Sun Total 51,250 41 = Carnival Agreements and AA February 6, 2012 Page 3 Traditionally, carnivals conducted at Jerome and Madison parks draw larger crowds and are more profitable. Conversely, carnivals conducted at Delhi, Cesar Chavez/Campesino, Rosita and El Salvador parks draw smaller crowds and generate less revenue. Therefore, the license fee for the large carnivals conducted at Jerome and Madison parks is higher. The Parks, Recreation and Community Services Agency strives to provide safe, clean, low cost carnival events for our community. The total projected annual revenue for these agreements is $51,250 per year and will be used to fund deferred maintenance needs throughout our park system. FISCAL IMPACT The appropriation adjustment will recognize projected carnival revenue in the amount of $51,250 in the Recreation Special Fees and Donations revenue account (no. 02213002 57010) and appropriate funds to the Recreation Special Fees and Donations expenditure account (no. 02213200 62300). Gerardo Mouet, Executive Direct�r Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Management Services Agency all :151 qIUMA NON - EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT, made and entered into this 6"' day of February, 2011 by Fiesta De Carnival, a California corporation (hereinafter "Promoter "), 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 On December 7, 2011, the City issued Request for Proposals, No. 11 -068 - PRCSA, seeking carnival Promoters to provide carnivals at specified City owned parks. Promoter submitted a proposal to provide carnival services. Promoter represents that Promoter is able and willing to provide carnival services to the City as specified in the Request for Proposals No. 11 -068 -PRCSA and any addendums thereto. In undertaking the performance of this Agreement, Promoter represents that it is knowledgeable in its field and that any services performed by Promoter under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival Promoter in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. PREMISES AND USE (A) The City of Santa Ana owns the following community parks ( "Parks ") within its boundaries: Cesar Chavez / Campesino Park, located at 3311 W. 5t' St, Santa Ana; Madison Park, located at 1528 S. Standard, Santa Ana; and El Salvador Park, located at 1825 W. Civic Center Dr. West, Santa Ana. City hereby grants to the Promoter a non - exclusive, revocable user agreement to encroach upon the specific areas of the above stated Parks ( "Carnival Areas ") delineated in the renderings of the Parks attached hereto and collectively referenced as Exhibit "A ", for the purpose of providing carnivals and for no other purpose. Promoter shall provide one (1) carnival ( "Carnival Event ") at each location during the term of this Agreement on dates approved by the Executive Director of Parks, Recreation and Community Services Agency, as set forth in Section 3 hereof. (B) The right and permission of Promoter is subordinate to the prior and paramount right of the City to use the City owned Parks described herein above in its entirety for public purposes to which it presently is and may, at the option of the City, be devoted. Promoter agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parks by the City, its residents and guests. (C) Promoter hereby acknowledges that title to the Parks is vested in the City and agrees never to assail or challenge the same, and further agrees that Promoter's use and occupancy of the Carnival Area within the Parks shall be limited solely to the permission for such use and occupancy granted herein. (D) As a covenant to this Agreement, Promoter agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in the Request for Proposals, RFP 11 -068 - PRCSA, issue date December 7, 2011 , and Addendum No. 1 thereto (hereinafter, collectively "RFP ") attached hereto as Exhibit `B" and incorporated herein by reference. Any failure to adhere to and comply with the Zoe -s terms, conditions and responsibilities enumerated in the RFP shall be deemed a breach of this Agreement and of the RFP. (E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Promoter alternative dates for the conducting of the Carnival Events within the term of this Agreement. If Promoter desires to obtain alternative dates as provided in this paragraph, Promoter must timely request the same from City. 2. SCOPE OF SERVICES Promoter shall provide at each of the Parks identified a full service carnival complete with the rides, equipment and services as set forth in the RFP (Exhibit B) to this Agreement. Provider, if it contracts with an Operator to provide carnival attractions, shall require such Operator to fully comply with all the terms and conditions of this Agreement regarding the provision of carnival services, including insurance requirements. Not later than sixty (60) days prior to the staging of any carnival event, Promoter shall obtain the written approval of the Executive Director of Parks, Recreation and Community Services, of any such Operator. Promoter shall not utilize a different operator without first obtaining the written permission of the Executive Director. 3. FEES/DEPOSITS/PERMITS/LICENSES At least 10 days prior to the commencement date of each Carnival as set forth below, Promoter shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Promoter agrees to pay the City and City agrees to accept from Promoter the following fees per Carnival Event. Park/ Carnival Dates Fee Max Event Size Cesar Chaves /Cam esino Aril 6 -8 $4,500.00 14 Carnival Rides Madison Park May 25 -28 $8,750.00 12 Carnival Rides El Salvador Park June 15 -17 $2,250.00 15 Carnival Rides Madison Park August 31 — Sept 3 $7,000.00 12 Carnival Rides $22,500.00 *Note: Each carnival may host 12 Game Booths and 20 food / information booths. One booth is equal to one 10x10 canopy area. A maximum ten 10 x 10 cooking booths will be allowed (or five 10 x 20). The remainder can be non - profit, commercial or sponsorship booths. Please include in your plot plan what goods and services each of these booths will offer and the dimension of each booth. The City must approve all goods and services sold at commercial booths. Massage booths are not allowed In addition to the fees set forth herein, Promoter shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit B hereto. All fees and deposits shall be due and payable as set forth in the RFP. Additionally, failure to pay the cleanup /damage deposit and/ or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day. The vendor will not be allowed to start an event if there is an unpaid balance. Vendor is subject to other monetary penalties for failure to perform as set forth throughout the RFP. 2 20B -6 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Promoter shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Promoter of all the terms, covenants, and conditions of this Agreement to be kept and performed by Promoter during the Term of this Agreement, or any extension thereof, and including the removal of Promoter's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within the RFP, the security deposit, or any remaining portion thereof, and any unused fees shall be returned within 60 days of the final carnival activity provided for in the RFP. 5. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2012 unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended for an additional l year term at the City's sole discretion through a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 6. NON - POSSESSORY INTEREST City retains full possession of the Park and Carnival Area and Promoter will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Promoter will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 7. NON RECORDING Neither party shall record this Agreement '7la `4IIDi hEMM[a 1m" A. Promoter shall establish and maintain separate accounting records for each Carnival Event at the specified Parks. Promoter's accounting system shall conform to generally- accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Park Carnival Events. B. All Promoter's records of revenues and repairs pertaining to the Carnival Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by City upon request 9. INDEPENDENT CONTRACTOR Promoter 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 Promoter performs the services which are the subject matter of this Agreement; however, the services to be provided by Promoter shall be provided in a manner consistent with all applicable standards and regulations governing such services. Promoter 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. 3 206'7 10. INSURANCE Prior to undertaking performance of any work relative to a Carnival Event under this Agreement, Promoter shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Promoter and each of its operators and subcontractors 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 the operations or performance of this Agreement by Promoter, its operators or subcontractors, 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 $5,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. A. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. B. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Promoter, if Promoter 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, Promoter agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. C. The following requirements apply to the insurance to be provided by Promoter pursuant to this section: i. Promoter 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; and shall state as follows: "The above detailed coverage is not subject to any deductible or self - insured retention, or any other form of similar type limitation. " iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. V. If the certificate of insurance is in the name of the carnival Promoter it shall include the name of the carnival promoter as additionally insured. E. If Promoter 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. Promoter agrees to indemnify the City for any work performed prior to approval of insurance by the City. 11. INDEMNIFICATION Promoter agrees to and shall protect, defend, indemnify and save and hold harmless the City, its officers, agents, employees, special counsel, and representatives from liability, loss, damage, expense or cost: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Promoter or its operators, contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Agreement or by reason of the terms of, or effects, arising from this Agreement. The Promoter further agrees to defend, 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 challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Promoter shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Promoter's performance of this Agreement or any failure to comply with any of Promoter's obligations contained in this Agreement by Promoter, its officers, agents, employees or contractors. 12. TRASH/UTILITIES /CLEANUP Promoter is responsible for the collection and disposal of all trash as specified in the RFP (Exhibit B) including the providing of the required 40 yard roll -off dumpsters. Promoter is responsible for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to this Agreement as set forth in the RFP. The area to be cleaned includes the parking lots and the surrounding neighborhood and streets. Further, with the exception of the City supplying two (2) potable water hookups as set forth in the RFP, Promoter is responsible for supplying all utilities to be used during the Carnival Events, including supplying the required portable toilets as specified in the RFP. Persons performing clean -up shall be employees or subcontractors of the vendor. 13. HAZARDOUS MATERIALS Promoter represents and warrants that its use of the Carnival Area herein will not generate any hazardous substance, and Promoter will not store or dispose on the Park and /or Carnival Area nor transport to or over the Park and /or Carnival Area any hazardous substance. Promoter further agrees to clean -up and remediate any hazardous substance on the Park and /or Carnival Area and Property, and hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or 5 20B -9 agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 14. WASTE OR NUISANCE Promoter shall not commit or permit the commission by others of any waste on the Park or Carnival Areas. Promoter shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and /or Section 3480 of the California Civil Code on the Park or Carnival Areas; and Promoter shall not use or permit the use of the Park or Carnival Areas for any unlawful purpose. 15. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Carnival Event in the event of public necessity or emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. 16. ON -SITE OFFICE One (1) trailer -type vehicle will be allowed to park in the Carnival Area, in a location pre- determined by the Park Superintendent, to be used exclusively as a business office by Promoter. This vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to be used for sleeping accommodations while on Park premises. The office vehicle will be allowed on the premises for the period provided for all other carnival equipment pursuant to the RFP. Promoter shall be at the carnival site during the entire event, including set -up and take -down. If Promoter is must be absent from the site, he shall ensure a supervisor, authorized to act on behalf of Promoter, is present. 17. LIENS Promoter will not permit any mechanics' or materialmens' or other liens to stand against the City Park or Carnival Area by reason of any use or occupancy by Promoter, or any person claiming under Promoter. 18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION In the event of any damage, destruction or condemnation of the Park and /or Carnival Area, which renders the Park and / or Carnival Area unusable or inoperable in Promoter's judgment, Promoter shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Carnival Area by giving written notice to the City within thirty (30) days after such damage, destruction or condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Park and / or Carnival Area is no longer adequate for Promoter to continue its operations, or any repairs to the Park and / or Carnival Area to remedy such damage, destruction or condemnation have not been completed or cannot reasonably be completed outside of forty-five (45) days from the date of the up coming scheduled carnival, City may terminate this Agreement upon thirty (30) days written notice to Promoter. 6 20B -10 In the event of condemnation, unless Promoter is allowed by the condemning authority to continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Promoter is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to City. 19. TERMINATION This Agreement may be terminated by the City without cause upon thirty (30) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 20. DEFAULT BY PROMOTER Should Promoter default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement and the attached RFP, re -enter and regain possession of the Carnival Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. 21. INSOLVENCY OF PROMOTER The insolvency of Promoter as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Promoter, or the making of a general assignment for the benefit of creditors by Promoter, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re -enter and regain possession of the Carnival Area. 22. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 23. WAIVER OF BREACH The waiver by City of any breach by Promoter of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Promoter either of the same or another provision of this Agreement. 24. CONFLICT OF INTEREST CLAUSE Promoter 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. 25. 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, addressed to the party concerned as follows: To City: Clerk of the City Council City of Santa Ana 7 20B -11 With courtesy copies to: and 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714 - 647 -6956 Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714 - 647 -6515 To Promoter: Fiesta de Carnival Attn: Ted Holcomb 11278 Los Alamitos Blvd. #101 Los Alamitos, CA 90720 Telephone (562) 799 -7737 Fax 562- 799 -1443 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. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 26. CONTRACT ADMINISTRATOR The Executive Director of Parks Recreation and Community Services Agency, or his /her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 27. COMPLIANCE WITH LAWS Promoter shall obtain and maintain a permit issued by the Division of Industrial Safety of the Department of Industrial Relations of the State of California. In addition, Promoter shall, at Promoter's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Promoter's use and occupancy of the Park and Carnival Area and Promoter's facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Promoter in a proceeding brought against Promoter by any government entity, that Promoter has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Promoter and shall be considered grounds for termination of this Agreement by City. Promoter will obtain all permits and other governmental approvals, required in connection with Promoter's activities hereunder, and update such permits /approvals as necessary. 8 20B -12 28. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Promoter, 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, including the RFP, 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 Promoter. 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 parties, which are not embodied herein. 29. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Promoter, Promoter 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 Promoters retained by City. 30. NON - DISCRIMINATION Promoter 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. Promoter affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 31. 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. 32. ATTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 33. PROFESSIONAL LICENSES Promoter 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. Promoter shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 9 20B -13 34. BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 35. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive 36. 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: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager FIESTA DE CARNIVAL TED HOLCOMB Owner 209 -14 EXHIBIT A PARK LOCATION MAPS 11 20B -15 EXHIBIT B A. PROMOTER'S RESPONSIBILITIES REQUIRED CLEANUP /DAMAGE DEPOSIT - Upon selection, Promoter must provide a $5,000 refundable damage /clean -up deposit to the City of Santa Ana, Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the start date of the event. Monies will be deducted from the deposit for repair of any damages incurred, cleanup of the park, unforeseen security or staff costs, or any other charges caused by the event. Any remaining monies from the deposit will be refunded to Promoter at the conclusion of the carnival season. Should costs incurred by the City (as stated above) be greater than the total deposit, the Promoter will be invoiced for the balance due. The Promoter will be required to submit the balance due 10 days prior to conducting another event. The deposit balance shall remain at $5,000 during the term of the agreement. Promoter agrees that failure to pay the cleanup /damage deposit and /or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day penalty. Promoter will not be allowed to start an event if there is an unpaid balance due. 2. CLEANUP DURING AND AFTER THE EVENT — Promoter agrees that it has full responsibility for continuously cleaning the park by removing all trash and debris on the ground, removing trash from the park receptacles and replacing liners and cleaning /sanitizing restrooms from the time the first Promoter employee arrives at the park site for set up until the last Promoter employee leaves the park. Furthennore, Promoter agrees to be responsible for cleanup of the event site and the surrounding areas after the event. Promoter agrees to arrange for trash pick -up in the parking lots and surrounding neighborhood after each day at Promoter's expense. Persons performing clean -up shall be employees or subcontractors of the Promoter. Failure to provide continuous clean -up will result in dispatching City staff to perform this work at Promoter's expense or the City hiring a private contractor to perform the work at Promoter's expense plus a $500 penalty for each day Promoter fails to perform this responsibility. 3. STREET SWEEPING —If street sweeping is necessary due to trash left from pedestrian and vehicular traffic and Promoter fails to perform as required above, the City will arrange for the parking lots and major streets surrounding the park to be swept on the day following the last day of the event at Promoter's expense. Furthermore, Promoter agrees to pay a $500 penalty for failure to perform this responsibility. 4. DUMPSTERS — Promoter is responsible for providing the appropriate number of 40 yard roll -off dumpster(s) to collect trash for the event. The dumpster(s) must be removed by 3:00 p.m. of the second day following the conclusion of the event. Promoter agrees to pay a penalty of $500 per day that the dumpsters are not provided and removed as indicated. 5. REQUIRED PLOT PLAN AND PLAN CHECK PROCESS — Promoter must provide a plot plan utilizing the land use certificate format for the overall equipment set up by a minimum of ten (10) business days before the event. The plot plan must include entrances, exits, all necessary barricading, detailed location of all rides, booths, restrooms, electrical equipment, 12 20B -16 etc. Promoter shall indicate number and name of rides on the plot plan, and the name and number of other types of carnival units such as repair and supply units they would like to have on the park. This plot plan is required by the Police Department, the Fire Department, the Planning and Building Agency (Electrical Division), the Parks, Recreation and Community Services Agency, and the Orange County Health Department. Promoter must walk the plot plan through the City Planning and Building Agency -Plan Check Section, 20 Civic Center Plaza, Ross Annex. For further information on the plan check process, please contact the Santa Ana Police Department at (714) 245 -8718 or (714) 245 -2709. Copy of approved plot plan must be provided to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency. Promoter agrees to pay a $500 penalty per day for each day late in providing the plot plan. 6. CARNIVAL LICENSE FEE— Promoter shall pay the required carnival license fees a minimum 10 days prior to each event. Checks shall be made payable to "The City of Santa Ana ". 7. FIRE AND ELECTRICAL INSPECTION — Ten (10) business days prior to the event, Promoter shall schedule appointments with the Santa Ana Fire Department and the Santa Ana Planning and Building Agency for an electrical inspection of all generators, carnival equipment, and booths to be used at the carnival. Promoter agrees to pay a $500 penalty per day for each day late in scheduling appointments as indicated. No more than ten (10) 10 x 10 cooking booths will be allowed (or five 10 x 20). Complete event rules and regulations will be provided to Promoter at plan check and copies shall be provided to each booth operator by Promoter. Promoter shall provide all event electricity. Hookups to park electrical outlets will not be permitted. All vendors must be set -up and ready for inspection by 4:00 p.m. on the first day of the carnival. Promoter agrees to pay a $500 penalty per day for each violation. 8. O.C. HEALTH DEPARTMENT REQUIREMENTS — Promoter must obtain food permits and food booth inspections from the Orange County Health Department a minimum of ten (10) business days before the event. Any booths or vendors not receiving prior approval from the Orange County Health Department will not be allowed to operate. Food booths are only allowed to operate for the duration of the event during event hours only. To obtain food permits and schedule booth inspections, Promoter must contact the Orange County Health Department at (714) 667 -3610. Promoter agrees to pay a $500 penalty per day for each day late in securing food permits and food booth inspections. Furthermore, Promoter shall pay a $500 penalty per day for each food booth discovered operating without prior approval of the O.C. Health Department. Parks and Recreation will provide two (2) potable water hookups during the entire event. These water hookups are to be used ONLY for sanitation purposes in compliance with the Orange County Department of Health regulations, and are not for camping or refreshment preparation use. Promoter shall pay a $500 penalty per day for each violation. 9. REQUIRED PERMIT FROM BUSINESS LICENSE OFFICE FOR BOOTH VENDORS (BUSINESSES AND /OR NON - PROFIT ORGANIZATIONS) — Promoter is responsible for supplying the Business License Office with a list of pre- approved potential vendors before sending vendors to the Business License Office, in order to avoid unapproved vendors from vending during the event, or Promoter may collect all the necessary information and fees from the vendors and submit the entire packet to the Business License Office a minimum of 13 20B -17 five (5) days prior to the commencement of the event. Promoter shall pay a $500 penalty per day for each day late in submitting /paying the packet to the Business License Office. All vendors, business or non -profit organizations (selling or information only), which vend on City Property are required to possess a City of Santa Ana Business License. Businesses who do not have a current City of Santa Ana Business License can obtain a One -Day Peddler /Solicitor license. Non - Profit Organizations are required to obtain a Fee - Exempt status through the Business Tax Office. This is a once a year registration fee. For more information the Business Tax Office can be contacted at (714) 647 -5447. The Business Tax Office is located at 20 Civic Center Plaza, Rm. 1100, Santa Ana, CA 92702. Promoter agrees to pay a $500 penalty per day for each booth operating without a City Business License. 10. CONTACT WITH NEIGHBORHOOD ORGANIZATIONS — Promoter shall send a letter to the neighborhood associations adjacent to the park where the carnival is to be conducted informing them of the event and to gain their organization's support for the planned activity at the park during the scheduled times and dates, a minimum of ten (10) business days before the event. The Community Development Agency will provide contact information to the Promoter for a particular neighborhood upon request. Promoter shall submit copy of signed letter, on the organization's letterhead, to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the event. The Community Development Agency can be contacted by calling (714) 647 -5360. Promoter agrees to pay a $500 penalty for each violation of this section. 11. CONTACT WITH NEIGHBORHOOD RESIDENTS — At least 72 hours prior to each carnival event, Promoter must post a sign or send flyers to the neighborhood surrounding the park informing them that the event will take place. Signs or flyers must be in English and Spanish. Promoter shall pay a $500 penalty for each violation of this section. 12. CONTACT WITH BUSINESS ORGANIZATIONS - Promoter must send a letter a minimum of ten (10) business days before the event to each business owner within a quarter mile radius of the carnival site, notifying them of the dates and times of the event, and what precautions should be taken to prevent program participants from parking in the surrounding business parking lots. Promoter shall pay a $500 penalty for each violation of this section. 13. REQUIRED EVENT PERSONNEL — A minimum number of uniformed, state licensed security personnel contracted through a private bonded security company will be required each day of the event. Promoter shall provide the designated amount of soft security as specified by the Santa Ana Police Department prior to or on the date of the pre -event meeting. The Santa Ana Police Department may modify the number of security required as it sees fit, due to specifications in the scale and activities to be held at the event, and /or recent activity in the park and surrounding areas. Security personnel must be present 30 minutes prior to the beginning of the event each day and must stay a minimum of one (1) hour after the completion of the event each day or until the park is clear, to help prevent any possible disruptions. All security officers must carry two -way radio equipment to enable them to communicate with all other security personnel. All security personnel must wear highly visible attire (security vest, jacket) identifying them as security officers. None of the security company personnel may be armed. A copy of the signed agreement with the security company must be provided a minimum of ten (10) business days prior to the event. Promoter shall pay a $500 penalty per day for each violation of this section. Furthermore, if it is 14 20B -18 discovered that the security deployment is less than the City's mandated level of security the City may elect to dispatch, at Promoter's expense SAPD and /or Park Ranger's to bring the security levels up to the agreed upon level. 14. REQUIRED LICENSE FOR SOFT SECURITY - The soft security organization must obtain clearance from the City of Santa Ana Police Department. Arrangements for clearance to be obtained can be made by calling (714) 245 -8718 or (714) 245 -2709. Promoter agrees to pay a $500 penalty for failure to perform this responsibility. 15. POLICE DEPARTMENT REQUIREMENTS — The security company to be used by the promoter must be pre- approved by the Santa Ana Police Department. Promoter must provide the Police Department with the names of the contact persons representing the carnival vendor and contracted security company. At least one of those security company contacts must have access to a cell phone to be used in case the Santa Ana Police Department needs to be called for assistance. The promoter will be required to turn in a completed Land Use Certificate form, site plan and Security Guard contract to the Police Department. The security Guard contract shall include the following supplemental information: The Security Officer in charge, name and cell number A list of names, guard card numbers and copy of guard cards of the security officers assigned to the event. Guards will be required to produce their guard card on demand during the event if requested by the Police Officers assigned to the carnival. If the guard fails to provide said card he shall be immediately replaced by the contracted guard company with an officer who has a guard card. Promtoer must also have a minimum of two (2) Santa Ana Police Department Officers present at all carnivals during agreed upon hours of event operation. In addition, one (1) motor officer will be required at Jerome and Cesar Chavez /Campesino locations. If the number of officers required exceeds two officers, Promoter shall not be responsible for the payment of costs for more than four officers. Promoter will also provide the Police Department with a booth at these events. The Police Department will coordinate necessary police assistance for the event at Promoters' expense. 16. ADDITIONAL POLICE /FIRE /PARK PERSONNEL — Promoter agrees that if a disturbance occurs due to the operations of the carnival and additional Police, Fire or Parks personnel assistance is required, promoter will pay those additional expenses. 17. PRE -EVENT AND POST EVENT INSPECTIONS WITH PARK PERSONNEL — Promoter must arrange to meet with the Park Supervisor by calling (714) 448 -9127, to schedule a walk through the park before and after the event. The pre- inspection and post- inspection meetings will determine the condition of the sites before and after the event. A pre- inspection meeting must occur on the Tuesday prior to the carnival event. Promoter must bring the proposed plot plan to this meeting. Promoter shall not set up until pre - inspection has been completed. Set up prior to event date and /or before the pre- inspection meeting will result in a fine of $1,000 per day and may lead to a suspension of future events. A post- inspection meeting shall be completed on the second day following the carnival activity at 2:00 pm., unless otherwise stipulated by representatives of the Santa Ana Police 15 20B -19 Department and the Parks, Recreation and Community Services Agency. Failure to do so will result in a fine of $1,000 per day and may lead to a suspension of future events. Promoter agrees that the Park Supervisor shall be the final authority regarding interpretations of the sites existing conditions both before and after the event. Failure by the promoter to set and attend these meetings will result in the Park Supervisor performing the walk through of the park site without the promoter and all conditions recorded by the Park Supervisor shall be deemed as accurate and final. 18. PROTECTION OF FIELD AND TURF — Promoter shall be responsible for placing the carnival equipment in a way as not to cause damage to the park turf or irrigation system (sprinkler heads, etc). Such precautions may include painting around or covering the sprinkler heads with a "metal disk ", or whatever efforts are necessary to protect the irrigation equipment at Promoter's expense. Funds to repair damages incurred to the turf or irrigation equipment due to the carnival event will be deducted from the security deposit. In the event that the cost of damages exceeds the deposit amount, Promoter must pay the balance within ten (10) days of the conclusion of the event. All concerns must be resolved prior to continuing with future events. Failure to do so may result in the suspension and or voiding of contract with Promoter. 19. CARNIVAL EQUIPMENT SET UP AND REMOVAL -None of the equipment may be moved into the park prior to the completion of the pre -event inspection meeting and /or 9:00 am on the Tuesday before a carnival event is to be held. All equipment must be removed no later than 2:00 pm on the Tuesday following the conclusion of a carnival event, unless approved in writing by the Park, Recreation and Community Services Agency. No carnival equipment may be stored on City streets or parks. There will be a $1,000 fee per day for equipment arriving earlier or left in the park later than the above stated times. 20. CARNIVAL HOURS — The carnival may not operate earlier than noon each day and no later than 11:00 p.m. on Thursday (if applicable), Friday and Saturday and no later than 10:00 p.m. on Sunday. Carnivals operating on Monday may play until 11:00 p.m. on Sunday night and 10:00 p.m. on Monday night. Ticket sales and food sales must stop one half hour prior to the scheduled carnival closing time. Promoter agrees to pay a $500 penalty per day for each violation of this section. 21. PORTABLE RESTROOMS — Promoter shall provide a minimum of seven (7) portable toilets, with one of those toilets designed specifically for disabled persons. The toilets shall be placed no later than noon on the Thursday prior to the event and must be removed by 2:00 pm on the Monday following the conclusion of the event. Two (2) of the portable toilets must be delivered by the Tuesday prior to the event for use by Carnival workers during event set up. Promoter is responsible for arranging for portable toilets to be serviced (waste removal by the portable restroom company) a minimum of once per day or twice per day for capacity crowds. 21. SALE, ADVERTISING AND CONSUMPTION OF BEER, ALCOHOL OR CIGARETTES Promoter agrees that there shall be no beer, alcohol or cigarettes sold or consumed at any of the proposed events, nor shall there be any inflatables, balloons, or banners advertising beer, alcohol or cigarettes at any of the proposed events. Promoter agrees to pay a $500 penalty per day for each violation of this section. 16 206'20 23. NATURE OF CARNIVAL GAMES AND /OR ACTIVITIES — Promoter agrees that no games or activities involving the shooting of a gun or weapon, simulated or real, shall be used in any of the entertainment, including game booths, with the exception of water guns that are clearly recognizable as such. Promoter also understands and agrees that any gambling games or games of chance shall be subject to review and removal by the Santa Ana Police Department, who will ensure that they are fair and legal in nature, and in compliance with any applicable statutes. A determination by the Santa Ana Police Department that any particular game is in violation of any statute shall result in the removal of the game. Any City decision to remove a game will be final. 24. SIZE OF CARNIVAL RIDES — Promoter must bring a list and photos of their proposed rides to the pre -event meetings. The carnival ride list must be pre- approved by the Park Superintendent. In addition to minimizing the damage to park property, the City desires a balance between the number of small, medium and spectacular rides in order to maintain a family and community environment at these events. Although promoters will be encouraged to provide only small and medium rides, depending on the venue, up to two spectacular rides may be allowed. The Park Superintendent must approve the final ride list at, or any time before, the pre -event meeting. All carnival rides used in City parks shall comply with State permitting requirements. 25. EVENT STAFF, OFFICE AND SECURITY PARKING — Promoter agrees that there shall be no overnight camping or privately owned vehicles for the purpose of overnight camping at the park site. All vehicles (cars, motor homes, trailers, tractor trailers with sleeping accommodations, motorcycles, etc.) must be parked outside of the park before, during and after carnival operation hours. The Park Superintendent will identify authorized parking areas at the pre -event meeting. Promoter is permitted one vehicle within the park site for security personnel and one vehicle for office purposes. Promoter shall pay a $500 penalty per day for each violation of this section. 26. DELIVERIES OF SUPPLIES TO VENDORS — Promoter shall be responsible for making certain the booth vendors are well stocked. Once the event is underway, all deliveries of food, drink and supplies must be carried via hand trucks or small Daihatsu or Cushman type vehicles to the booth sites. No trucks or automobiles will be allowed in the program area during programming hours. Loading and unloading of vendors equipment should be done prior to and after the event. 27. PERSONNEL TO PLACE AND COLLECT TRAFFIC BARRICADING EQUIPMENT — Promoter shall provide personnel to assist in placing and collecting the traffic barricades and equipment, under the supervision of the Police Department, before and after each day's event. Failure by the promoter to place and /or collect traffic barricades and /or equipment will result in City staff or a separate contractor completing this work at Promoter's expense. 28. RENTAL OF TRAFFIC CONTROL EQUIPMENT — Promoter shall be required to pay for the rental of specific traffic control equipment, as required by the Police Department. 29. PERSONNEL PARKING - Promoter shall instruct all personnel to park in areas indicated on the approved plot plan. Promoter personnel who fail to park vehicles in pre- approved designated areas may be subject to citation and /or towing at the vehicle owner's expense. 206 -21 30. EVENT PARKING AND REQUIRED SIGNAGE - Promoter shall be required to post signs before the start of the event in both English and Spanish stating "No Event Parking" at the entrances to the local neighborhoods and businesses during the full duration of the carnival. Promoter shall ensure that these signs remain in place through the duration of the event. Promoter shall pay a $500 penalty for each violation of this section. 31. PERSONNEL AT ENTRANCES TO NEIGHBORHOOD — Promoter must provide soft security personnel (licensed as specified in Item V.A.15.) to work at designated neighborhood entrances in close proximity to the park. A minimum of two (2) persons, plus necessary directional signage, shall be stationed at each of the housing tract entrances during all event program hours in order to deter event participants from parking in the residential areas adjacent to the event. Promoter agrees to pay a $500 penalty per day for each violation of this section. 32. POLICE DEPARMENT REQUIREMENTS — Santa Ana Police Department officers will be required during event hours to enhance the security of the event. The number of officers needed will be based on factors such as the size of the event, expected attendance, and recent area activity. Promoter will be informed of the number of additional officers needed at the pre -event meeting described in Item IV.A.18. The Police Department will arrange the necessary police staffing for the event. Promoter is responsible for all Santa Ana Police Department regular and overtime costs for the event. In the event that the event is rained out or otherwise cancelled on short notice, the promoter will be responsible for a minimum of 4 hours of over -time costs. 33. LIGHTING — Where applicable, the City will turn on ball field and safety lighting to help light the carnival. Promoter is responsible for providing all other lighting to ensure that all areas of the carnival are adequately lit throughout the duration of the event. Promoter agrees to pay a $500 penalty per day for each violation of this section. 34. NEIGHBORHOOD BOOTHS — Promoter shall provide the local neighborhood associations with a booth for marketing and fundraising. This booth will be in addition to the 20 booths described in Section II. No sales are allowed at these booths. Booth shall include a 10x10 canopy, one 6 foot table, two chairs and adequate lighting. 35. ANIMALS — No petting zoos, pony rides, or any other animals are allowed at the carnival. 36. MASSAGE — No massage booths or massages are allowed at the carnival. 37. DISSALLOWED ITEMS — Blow horns, slingshots, knifes, and adult items (sexual in nature). Zoe -ii NON - EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT, made and entered into this 6"' day of February, 2011 by "O" Entertainment, Inc., a California corporation (hereinafter "Promoter "), 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 On December 7, 2011, the City issued Request for Proposals, No. 11 -068 - PRCSA, seeking carnival Promoters to provide carnivals at specified City owned parks. Promoter submitted a proposal to provide carnival services. Promoter represents that Promoter is able and willing to provide carnival services to the City as specified in the Request for Proposals No. 11 -068 -PRCSA and any addendums thereto. In undertaking the performance of this Agreement, Promoter represents that it is knowledgeable in its field and that any services performed by Promoter under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival Promoter in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. PREMISES AND USE (A) The City of Santa Ana owns the following community parks ( "Parks ") within its boundaries: Jerome Park, located at 726 S. Center St., Santa Ana. City hereby grants to the Promoter a non - exclusive, revocable user agreement to encroach upon the specific areas of the above stated Parks ( "Carnival Areas ") delineated in the renderings of the Parks attached hereto and collectively referenced as Exhibit "A ", for the purpose of providing carnivals and for no other purpose. Promoter shall provide one (1) carnival ( "Carnival Event ") at each location during the term of this Agreement on dates approved by the Executive Director of Parks, Recreation and Community Services Agency, as set forth in Section 3 hereof. (B) The right and permission of Promoter is subordinate to the prior and paramount right of the City to use the City owned Parks described herein above in its entirety for public purposes to which it presently is and may, at the option of the City, be devoted. Promoter agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parks by the City, its residents and guests. (C) Promoter hereby acknowledges that title to the Parks is vested in the City and agrees never to assail or challenge the same, and further agrees that Promoter's use and occupancy of the Carnival Area within the Parks shall be limited solely to the permission for such use and occupancy granted herein. (D) As a covenant to this Agreement, Promoter agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in the Request for Proposals, RFP 11 -068 - PRCSA, issue date December 7, 2011 , and Addendum No. 1 thereto (hereinafter, collectively "RFP ") attached hereto as Exhibit "B" and incorporated herein by reference. Any failure to adhere to and comply with the terms, conditions and responsibilities enumerated in the RFP shall be deemed a breach of this Agreement and of the RFP. Zoe -23 (E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Promoter alternative dates for the conducting of the Carnival Events within the term of this Agreement. If Promoter desires to obtain alternative dates as provided in this paragraph, Promoter must timely request the same from City. 2. SCOPE OF SERVICES Promoter shall provide at each of the Parks identified a full service carnival complete with the rides, equipment and services as set forth in the RFP (Exhibit B) to this Agreement. Provider, if it contracts with an Operator to provide carnival attractions, shall require such Operator to fully comply with all the terms and conditions of this Agreement regarding the provision of carnival services, including insurance requirements. Not later than sixty (60) days prior to the staging of any carnival event, Promoter shall obtain the written approval of the Executive Director of Parks, Recreation and Community Services, of any such Operator. Promoter shall not utilize a different operator without first obtaining the written permission of the Executive Director. 3. FEES/DEPOSITS/PERMITS/LICENSES At least 10 days prior to the commencement date of each Carnival as set forth below, Promoter shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Promoter agrees to pay the City and City agrees to accept from Promoter the following fees per Carnival Event. Park/ Carnival Dates Fee Max Event Size Jerome Park March 11 -13 $8,250.00 16 Carnival Rides Jerome Park August 10 -12 $7,000.00 16 Carnival Rides $15,250.00 *Note: Each carnival may host 12 Game Booths and 20 food / information booths. One booth is equal to one 10x10 canopy area. A maximum ten 10 x 10 cooking booths will be allowed (or five 10 x 20). The remainder can be non - profit, commercial or sponsorship booths. Please include in your plot plan what goods and services each of these booths will offer and the dimension of each booth. The City must approve all goods and services sold at commercial booths. Massage booths are not allowed In addition to the fees set forth herein, Promoter shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit B hereto. All fees and deposits shall be due and payable as set forth in the RFP. Additionally, failure to pay the cleanup /damage deposit and/ or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day. The vendor will not be allowed to start an event if there is an unpaid balance. Vendor is subject to other monetary penalties for failure to perform as set forth throughout the RFP. 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Promoter shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Promoter of all the terms, covenants, and conditions of 2 20B -24 this Agreement to be kept and performed by Promoter during the Term of this Agreement, or any extension thereof, and including the removal of Promoter's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within the RFP, the security deposit, or any remaining portion thereof, and any unused fees shall be returned within 60 days of the final carnival activity provided for in the RFP. 5. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2012 unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended for an additional 1 year term at the City's sole discretion through a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 6. NON - POSSESSORY INTEREST City retains full possession of the Park and Carnival Area and Promoter will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Promoter will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 7. NON RECORDING Neither party shall record this Agreement E:�:7�K� : 1 . 9 D ' ► : ►I 1 : 11 A. Promoter shall establish and maintain separate accounting records for each Carnival Event at the specified Parks. Promoter's accounting system shall conform to generally- accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Park Carnival Events. B. All Promoter's records of revenues and repairs pertaining to the Carnival Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by City upon request 9. INDEPENDENT CONTRACTOR Promoter 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 Promoter performs the services which are the subject matter of this Agreement; however, the services to be provided by Promoter shall be provided in a manner consistent with all applicable standards and regulations governing such services. Promoter 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. 10. INSURANCE Prior to undertaking performance of any work relative to a Carnival Event under this Agreement, Promoter shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 3 20B -25 a. Commercial General Liability Insurance. Promoter and each of its operators and subcontractors 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 the operations or performance of this Agreement by Promoter, its operators or subcontractors, 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 $5,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. A. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. B. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Promoter, if Promoter 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, Promoter agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. C. The following requirements apply to the insurance to be provided by Promoter pursuant to this section: i. Promoter 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; and shall state as follows: "The above detailed coverage is not subject to any deductible or self - insured retention, or any other form of similar type limitation. " iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. V. If the certificate of insurance is in the name of the carnival Promoter it shall include the name of the carnival promoter as additionally insured. E. If Promoter 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. Promoter agrees to indemnify the City for any work performed prior to approval of insurance by the City. 4 20B -26 11. INDEMNIFICATION Promoter agrees to and shall protect, defend, indemnify and save and hold harmless the City, its officers, agents, employees, special counsel, and representatives from liability, loss, damage, expense or cost: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Promoter or its operators, contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Agreement or by reason of the terms of, or effects, arising from this Agreement. The Promoter further agrees to defend, 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 challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Promoter shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Promoter's performance of this Agreement or any failure to comply with any of Promoter's obligations contained in this Agreement by Promoter, its officers, agents, employees or contractors. 12. TRASH/UTILITIES /CLEANUP Promoter is responsible for the collection and disposal of all trash as specified in the RFP (Exhibit B) including the providing of the required 40 yard roll -off dumpsters. Promoter is responsible for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to this Agreement as set forth in the RFP. The area to be cleaned includes the parking lots and the surrounding neighborhood and streets. Further, with the exception of the City supplying two (2) potable water hookups as set forth in the RFP, Promoter is responsible for supplying all utilities to be used during the Carnival Events, including supplying the required portable toilets as specified in the RFP. Persons performing clean -up shall be employees or subcontractors of the vendor. 13. HAZARDOUS MATERIALS Promoter represents and warrants that its use of the Carnival Area herein will not generate any hazardous substance, and Promoter will not store or dispose on the Park and /or Carnival Area nor transport to or over the Park and /or Carnival Area any hazardous substance. Promoter further agrees to clean -up and remediate any hazardous substance on the Park and /or Carnival Area and Property, and hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from 5 206'27 time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 14. WASTE OR NUISANCE Promoter shall not commit or permit the commission by others of any waste on the Park or Carnival Areas. Promoter shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and /or Section 3480 of the California Civil Code on the Park or Carnival Areas; and Promoter shall not use or permit the use of the Park or Carnival Areas for any unlawful purpose. 15. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Carnival Event in the event of public necessity or emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. 16. ON -SITE OFFICE One (1) trailer -type vehicle will be allowed to park in the Carnival Area, in a location pre- determined by the Park Superintendent, to be used exclusively as a business office by Promoter. This vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to be used for sleeping accommodations while on Park premises. The office vehicle will be allowed on the premises for the period provided for all other carnival equipment pursuant to the RFP. Promoter shall be at the carnival site during the entire event, including set -up and take -down. If Promoter is must be absent from the site, he shall ensure a supervisor, authorized to act on behalf of Promoter, is present. 17. LIENS Promoter will not permit any mechanics' or materialmens' or other liens to stand against the City Park or Carnival Area by reason of any use or occupancy by Promoter, or any person claiming under Promoter. 18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION In the event of any damage, destruction or condemnation of the Park and /or Carnival Area, which renders the Park and / or Carnival Area unusable or inoperable in Promoter's judgment, Promoter shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Carnival Area by giving written notice to the City within thirty (30) days after such damage, destruction or condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Park and / or Carnival Area is no longer adequate for Promoter to continue its operations, or any repairs to the Park and / or Carnival Area to remedy such damage, destruction or condemnation have not been completed or cannot reasonably be completed outside of forty-five (45) days from the date of the up coming scheduled carnival, City may terminate this Agreement upon thirty (30) days written notice to Promoter. In the event of condemnation, unless Promoter is allowed by the condemning authority to continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Promoter is required to cease its operations, whichever is Mime." earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to City. 19. TERMINATION This Agreement may be terminated by the City without cause upon thirty (30) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 20. DEFAULT BY PROMOTER Should Promoter default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement and the attached RFP, re -enter and regain possession of the Carnival Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. 21. INSOLVENCY OF PROMOTER The insolvency of Promoter as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Promoter, or the making of a general assignment for the benefit of creditors by Promoter, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re -enter and regain possession of the Carnival Area. 22. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 23. WAIVER OF BREACH The waiver by City of any breach by Promoter of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Promoter either of the same or another provision of this Agreement. 24. CONFLICT OF INTEREST CLAUSE Promoter 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. 25. 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, addressed to the party concerned as follows: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 7 20B -29 With courtesy copies to: and Fax 714 - 647 -6956 Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714 - 647 -6515 To Promoter: "O" Entertainment Attn: Troy Hassett 539 E. Bixby Road, Suite 59 Long Beach, CA 90807 Fax 562- 495 -5961 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. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 26. CONTRACT ADMINISTRATOR The Executive Director of Parks Recreation and Community Services Agency, or his /her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 27. COMPLIANCE WITH LAWS Promoter shall obtain and maintain a permit issued by the Division of Industrial Safety of the Department of Industrial Relations of the State of California. In addition, Promoter shall, at Promoter's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Promoter's use and occupancy of the Park and Carnival Area and Promoter's facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Promoter in a proceeding brought against Promoter by any government entity, that Promoter has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Promoter and shall be considered grounds for termination of this Agreement by City. Promoter will obtain all permits and other governmental approvals, required in connection with Promoter's activities hereunder, and update such permits /approvals as necessary. 8 20B -30 28. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Promoter, 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, including the RFP, 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 Promoter. 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 parties, which are not embodied herein. 29. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Promoter, Promoter 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 Promoters retained by City. 30. NON - DISCRIMINATION Promoter 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. Promoter affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 31. 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. 32. ATTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 33. PROFESSIONAL LICENSES Promoter 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. Promoter shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 9 20B -31 34. BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 35. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive 36. 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: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager `O' ENTERTAINMENT, INC. TROY HASSETT Vice - President Tax ID # Zoe -32 EXHIBIT A PARK LOCATION MAPS 11 20B -33 EXHIBIT B A. PROMOTER'S RESPONSIBILITIES REQUIRED CLEANUP /DAMAGE DEPOSIT - Upon selection, Promoter must provide a $5,000 refundable damage /clean -up deposit to the City of Santa Ana, Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the start date of the event. Monies will be deducted from the deposit for repair of any damages incurred, cleanup of the park, unforeseen security or staff costs, or any other charges caused by the event. Any remaining monies from the deposit will be refunded to Promoter at the conclusion of the carnival season. Should costs incurred by the City (as stated above) be greater than the total deposit, the Promoter will be invoiced for the balance due. The Promoter will be required to submit the balance due 10 days prior to conducting another event. The deposit balance shall remain at $5,000 during the term of the agreement. Promoter agrees that failure to pay the cleanup /damage deposit and /or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day penalty. Promoter will not be allowed to start an event if there is an unpaid balance due. 2. CLEANUP DURING AND AFTER THE EVENT — Promoter agrees that it has full responsibility for continuously cleaning the park by removing all trash and debris on the ground, removing trash from the park receptacles and replacing liners and cleaning /sanitizing restrooms from the time the first Promoter employee arrives at the park site for set up until the last Promoter employee leaves the park. Furthermore, Promoter agrees to be responsible for cleanup of the event site and the surrounding areas after the event. Promoter agrees to arrange for trash pick -up in the parking lots and surrounding neighborhood after each day at Promoter's expense. Persons performing clean -up shall be employees or subcontractors of the Promoter. Failure to provide continuous clean -up will result in dispatching City staff to perform this work at Promoter's expense or the City hiring a private contractor to perform the work at Promoter's expense plus a $500 penalty for each day Promoter fails to perform this responsibility. 3. STREET SWEEPING —If street sweeping is necessary due to trash left from pedestrian and vehicular traffic and Promoter fails to perform as required above, the City will arrange for the parking lots and major streets surrounding the park to be swept on the day following the last day of the event at Promoter's expense. Furthermore, Promoter agrees to pay a $500 penalty for failure to perform this responsibility. 4. DUMPSTERS — Promoter is responsible for providing the appropriate number of 40 yard roll -off dumpster(s) to collect trash for the event. The dumpster(s) must be removed by 3:00 p.m. of the second day following the conclusion of the event. Promoter agrees to pay a penalty of $500 per day that the dumpsters are not provided and removed as indicated. 5. REQUIRED PLOT PLAN AND PLAN CHECK PROCESS — Promoter must provide a plot plan utilizing the land use certificate format for the overall equipment set up by a minimum of ten (10) business days before the event. The plot plan must include entrances, exits, all necessary barricading, detailed location of all rides, booths, restrooms, electrical equipment, 12 20B -34 etc. Promoter shall indicate number and name of rides on the plot plan, and the name and number of other types of carnival units such as repair and supply units they would like to have on the park. This plot plan is required by the Police Department, the Fire Department, the Planning and Building Agency (Electrical Division), the Parks, Recreation and Community Services Agency, and the Orange County Health Department. Promoter must walk the plot plan through the City Planning and Building Agency -Plan Check Section, 20 Civic Center Plaza, Ross Annex. For further information on the plan check process, please contact the Santa Ana Police Department at (714) 245 -8718 or (714) 245 -2709. Copy of approved plot plan must be provided to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency. Promoter agrees to pay a $500 penalty per day for each day late in providing the plot plan. 6. CARNIVAL LICENSE FEE— Promoter shall pay the required carnival license fees a minimum 10 days prior to each event. Checks shall be made payable to "The City of Santa Ana ". 7. FIRE AND ELECTRICAL INSPECTION — Ten (10) business days prior to the event, Promoter shall schedule appointments with the Santa Ana Fire Department and the Santa Ana Planning and Building Agency for an electrical inspection of all generators, carnival equipment, and booths to be used at the carnival. Promoter agrees to pay a $500 penalty per day for each day late in scheduling appointments as indicated. No more than ten (10) 10 x 10 cooking booths will be allowed (or five 10 x 20). Complete event rules and regulations will be provided to Promoter at plan check and copies shall be provided to each booth operator by Promoter. Promoter shall provide all event electricity. Hookups to park electrical outlets will not be permitted. All vendors must be set -up and ready for inspection by 4:00 p.m. on the first day of the carnival. Promoter agrees to pay a $500 penalty per day for each violation. O.C. HEALTH DEPARTMENT REQUIREMENTS — Promoter must obtain food permits and food booth inspections from the Orange County Health Department a minimum of ten (10) business days before the event. Any booths or vendors not receiving prior approval from the Orange County Health Department will not be allowed to operate. Food booths are only allowed to operate for the duration of the event during event hours only. To obtain food permits and schedule booth inspections, Promoter must contact the Orange County Health Department at (714) 667 -3610. Promoter agrees to pay a $500 penalty per day for each day late in securing food permits and food booth inspections. Furthermore, Promoter shall pay a $500 penalty per day for each food booth discovered operating without prior approval of the O.C. Health Department. Parks and Recreation will provide two (2) potable water hookups during the entire event. These water hookups are to be used ONLY for sanitation purposes in compliance with the Orange County Department of Health regulations, and are not for camping or refreshment preparation use. Promoter shall pay a $500 penalty per day for each violation. 9. REQUIRED PERMIT FROM BUSINESS LICENSE OFFICE FOR BOOTH VENDORS (BUSINESSES AND /OR NON - PROFIT ORGANIZATIONS) — Promoter is responsible for supplying the Business License Office with a list of pre- approved potential vendors before sending vendors to the Business License Office, in order to avoid unapproved vendors from vending during the event, or Promoter may collect all the necessary information and fees from the vendors and submit the entire packet to the Business License Office a minimum of 13 20B -35 five (5) days prior to the commencement of the event. Promoter shall pay a $500 penalty per day for each day late in submitting /paying the packet to the Business License Office. All vendors, business or non - profit organizations (selling or information only), which vend on City Property are required to possess a City of Santa Ana Business License. Businesses who do not have a current City of Santa Ana Business License can obtain a One -Day Peddler /Solicitor license. Non -Profit Organizations are required to obtain a Fee - Exempt status through the Business Tax Office. This is a once a year registration fee. For more information the Business Tax Office can be contacted at (714) 647 -5447. The Business Tax Office is located at 20 Civic Center Plaza, Rm. 1100, Santa Ana, CA 92702. Promoter agrees to pay a $500 penalty per day for each booth operating without a City Business License. 10. CONTACT WITH NEIGHBORHOOD ORGANIZATIONS — Promoter shall send a letter to the neighborhood associations adjacent to the park where the carnival is to be conducted informing them of the event and to gain their organization's support for the planned activity at the park during the scheduled times and dates, a minimum of ten (10) business days before the event. The Community Development Agency will provide contact information to the Promoter for a particular neighborhood upon request. Promoter shall submit copy of signed letter, on the organization's letterhead, to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the event. The Community Development Agency can be contacted by calling (714) 647 -5360. Promoter agrees to pay a $500 penalty for each violation of this section. 11. CONTACT WITH NEIGHBORHOOD RESIDENTS — At least 72 hours prior to each carnival event, Promoter must post a sign or send flyers to the neighborhood surrounding the park informing them that the event will take place. Signs or flyers must be in English and Spanish. Promoter shall pay a $500 penalty for each violation of this section. 12. CONTACT WITH BUSINESS ORGANIZATIONS - Promoter must send a letter a minimum of ten (10) business days before the event to each business owner within a quarter mile radius of the carnival site, notifying them of the dates and times of the event, and what precautions should be taken to prevent program participants from parking in the surrounding business parking lots. Promoter shall pay a $500 penalty for each violation of this section. 13. REQUIRED EVENT PERSONNEL — A minimum number of uniformed, state licensed security personnel contracted through a private bonded security company will be required each day of the event. Promoter shall provide the designated amount of soft security as specified by the Santa Ana Police Department prior to or on the date of the pre -event meeting. The Santa Ana Police Department may modify the number of security required as it sees fit, due to specifications in the scale and activities to be held at the event, and /or recent activity in the park and surrounding areas. Security personnel must be present 30 minutes prior to the beginning of the event each day and must stay a minimum of one (1) hour after the completion of the event each day or until the park is clear, to help prevent any possible disruptions. All security officers must carry two -way radio equipment to enable them to communicate with all other security personnel. All security personnel must wear highly visible attire (security vest, jacket) identifying them as security officers. None of the security company personnel may be armed. A copy of the signed agreement with the security company must be provided a minimum of ten (10) business days prior to the event. Promoter shall pay a $500 penalty per day for each violation of this section. Furthermore, if it is 14 20B -36 discovered that the security deployment is less than the City's mandated level of security the City may elect to dispatch, at Promoter's expense SAPD and /or Park Ranger's to bring the security levels up to the agreed upon level. 14. REQUIRED LICENSE FOR SOFT SECURITY - The soft security organization must obtain clearance from the City of Santa Ana Police Department. Arrangements for clearance to be obtained can be made by calling (714) 245 -8718 or (714) 245 -2709. Promoter agrees to pay a $500 penalty for failure to perform this responsibility. 15. POLICE DEPARTMENT REQUIREMENTS — The security company to be used by the promoter must be pre- approved by the Santa Ana Police Department. Promoter must provide the Police Department with the names of the contact persons representing the carnival vendor and contracted security company. At least one of those security company contacts must have access to a cell phone to be used in case the Santa Ana Police Department needs to be called for assistance. The promoter will be required to turn in a completed Land Use Certificate form, site plan and Security Guard contract to the Police Department. The security Guard contract shall include the following supplemental information: The Security Officer in charge, name and cell number A list of names, guard card numbers and copy of guard cards of the security officers assigned to the event. Guards will be required to produce their guard card on demand during the event if requested by the Police Officers assigned to the carnival. If the guard fails to provide said card he shall be immediately replaced by the contracted guard company with an officer who has a guard card. Promtoer must also have a minimum of two (2) Santa Ana Police Department Officers present at all carnivals during agreed upon hours of event operation. In addition, one (1) motor officer will be required at Jerome and Cesar Chavez /Campesino locations. If the number of officers required exceeds two officers, Promoter shall not be responsible for the payment of costs for more than four officers. Promoter will also provide the Police Department with a booth at these events. The Police Department will coordinate necessary police assistance for the event at Promoters' expense. 16. ADDITIONAL POLICE /FIRE /PARK PERSONNEL — Promoter agrees that if a disturbance occurs due to the operations of the carnival and additional Police, Fire or Parks personnel assistance is required, promoter will pay those additional expenses. 17. PRE -EVENT AND POST EVENT INSPECTIONS WITH PARK PERSONNEL — Promoter must arrange to meet with the Park Supervisor by calling (714) 448 -9127, to schedule a walk through the park before and after the event. The pre- inspection and post- inspection meetings will determine the condition of the sites before and after the event. A pre- inspection meeting must occur on the Tuesday prior to the carnival event. Promoter must bring the proposed plot plan to this meeting. Promoter shall not set up until pre- inspection has been completed. Set up prior to event date and /or before the pre- inspection meeting will result in a fine of $1,000 per day and may lead to a suspension of future events. A post- inspection meeting shall be completed on the second day following the carnival activity at 2:00 pm., unless otherwise stipulated by representatives of the Santa Ana Police 15 20B -37 Department and the Parks, Recreation and Community Services Agency. Failure to do so will result in a fine of $1,000 per day and may lead to a suspension of future events. Promoter agrees that the Park Supervisor shall be the final authority regarding interpretations of the sites existing conditions both before and after the event. Failure by the promoter to set and attend these meetings will result in the Park Supervisor performing the walk through of the park site without the promoter and all conditions recorded by the Park Supervisor shall be deemed as accurate and final. 18. PROTECTION OF FIELD AND TURF — Promoter shall be responsible for placing the carnival equipment in a way as not to cause damage to the park turf or irrigation system (sprinkler heads, etc). Such precautions may include painting around or covering the sprinkler heads with a "metal disk ", or whatever efforts are necessary to protect the irrigation equipment at Promoter's expense. Funds to repair damages incurred to the turf or irrigation equipment due to the carnival event will be deducted from the security deposit. In the event that the cost of damages exceeds the deposit amount, Promoter must pay the balance within ten (10) days of the conclusion of the event. All concerns must be resolved prior to continuing with future events. Failure to do so may result in the suspension and or voiding of contract with Promoter. 19. CARNIVAL EQUIPMENT SET UP AND REMOVAL - None of the equipment may be moved into the park prior to the completion of the pre -event inspection meeting and /or 9:00 am on the Tuesday before a carnival event is to be held. All equipment must be removed no later than 2:00 pm on the Tuesday following the conclusion of a carnival event, unless approved in writing by the Park, Recreation and Community Services Agency. No carnival equipment may be stored on City streets or parks. There will be a $1,000 fee per day for equipment arriving earlier or left in the park later than the above stated times. 20. CARNIVAL HOURS — The carnival may not operate earlier than noon each day and no later than 11:00 p.m. on Thursday (if applicable), Friday and Saturday and no later than 10:00 p.m. on Sunday. Carnivals operating on Monday may play until 11:00 p.m. on Sunday night and 10:00 p.m. on Monday night. Ticket sales and food sales must stop one half hour prior to the scheduled carnival closing time. Promoter agrees to pay a $500 penalty per day for each violation of this section. 21. PORTABLE RESTROOMS — Promoter shall provide a minimum of seven (7) portable toilets, with one of those toilets designed specifically for disabled persons. The toilets shall be placed no later than noon on the Thursday prior to the event and must be removed by 2:00 pm on the Monday following the conclusion of the event. Two (2) of the portable toilets must be delivered by the Tuesday prior to the event for use by Carnival workers during event set up. Promoter is responsible for arranging for portable toilets to be serviced (waste removal by the portable restroom company) a minimum of once per day or twice per day for capacity crowds. 21. SALE, ADVERTISING AND CONSUMPTION OF BEER, ALCOHOL OR CIGARETTES Promoter agrees that there shall be no beer, alcohol or cigarettes sold or consumed at any of the proposed events, nor shall there be any inflatables, balloons, or banners advertising beer, alcohol or cigarettes at any of the proposed events. Promoter agrees to pay a $500 penalty per day for each violation of this section. 16 20B -38 23. NATURE OF CARNIVAL GAMES AND /OR ACTIVITIES — Promoter agrees that no games or activities involving the shooting of a gun or weapon, simulated or real, shall be used in any of the entertainment, including game booths, with the exception of water guns that are clearly recognizable as such. Promoter also understands and agrees that any gambling games or games of chance shall be subject to review and removal by the Santa Ana Police Department, who will ensure that they are fair and legal in nature, and in compliance with any applicable statutes. A determination by the Santa Ana Police Department that any particular game is in violation of any statute shall result in the removal of the game. Any City decision to remove a game will be final. 24. SIZE OF CARNIVAL RIDES — Promoter must bring a list and photos of their proposed rides to the pre -event meetings. The carnival ride list must be pre- approved by the Park Superintendent. In addition to minimizing the damage to park property, the City desires a balance between the number of small, medium and spectacular rides in order to maintain a family and community environment at these events. Although promoters will be encouraged to provide only small and medium rides, depending on the venue, up to two spectacular rides may be allowed. The Park Superintendent must approve the final ride list at, or any time before, the pre -event meeting. All carnival rides used in City parks shall compy with State permitting requirements. 25. EVENT STAFF, OFFICE AND SECURITY PARKING — Promoter agrees that there shall be no overnight camping or privately owned vehicles for the purpose of overnight camping at the park site. All vehicles (cars, motor homes, trailers, tractor trailers with sleeping accommodations, motorcycles, etc.) must be parked outside of the park before, during and after carnival operation hours. The Park Superintendent will identify authorized parking areas at the pre -event meeting. Promoter is permitted one vehicle within the park site for security personnel and one vehicle for office purposes. Promoter shall pay a $500 penalty per day for each violation of this section. 26. DELIVERIES OF SUPPLIES TO VENDORS — Promoter shall be responsible for making certain the booth vendors are well stocked. Once the event is underway, all deliveries of food, drink and supplies must be carried via hand trucks or small Daihatsu or Cushman type vehicles to the booth sites. No trucks or automobiles will be allowed in the program area during programming hours. Loading and unloading of vendors equipment should be done prior to and after the event. 27. PERSONNEL TO PLACE AND COLLECT TRAFFIC BARRICADING EQUIPMENT — Promoter shall provide personnel to assist in placing and collecting the traffic barricades and equipment, under the supervision of the Police Department, before and after each day's event. Failure by the promoter to place and /or collect traffic barricades and /or equipment will result in City staff or a separate contractor completing this work at Promoter's expense. 28. RENTAL OF TRAFFIC CONTROL EQUIPMENT — Promoter shall be required to pay for the rental of specific traffic control equipment, as required by the Police Department. 29. PERSONNEL PARKING - Promoter shall instruct all personnel to park in areas indicated on the approved plot plan. Promoter personnel who fail to park vehicles in pre- approved designated areas may be subject to citation and /or towing at the vehicle owner's expense. 17 20B -39 30. EVENT PARKING AND REQUIRED SIGNAGE - Promoter shall be required to post signs before the start of the event in both English and Spanish stating "No Event Parking" at the entrances to the local neighborhoods and businesses during the full duration of the carnival. Promoter shall ensure that these signs remain in place through the duration of the event. Promoter shall pay a $500 penalty for each violation of this section. 31. PERSONNEL AT ENTRANCES TO NEIGHBORHOOD — Promoter must provide soft security personnel (licensed as specified in Item V.A.15.) to work at designated neighborhood entrances in close proximity to the park. A minimum of two (2) persons, plus necessary directional signage, shall be stationed at each of the housing tract entrances during all event program hours in order to deter event participants from parking in the residential areas adjacent to the event. Promoter agrees to pay a $500 penalty per day for each violation of this section. 32. POLICE DEPARMENT REQUIREMENTS — Santa Ana Police Department officers will be required during event hours to enhance the security of the event. The number of officers needed will be based on factors such as the size of the event, expected attendance, and recent area activity. Promoter will be informed of the number of additional officers needed at the pre -event meeting described in Item IV.A.18. The Police Department will arrange the necessary police staffing for the event. Promoter is responsible for all Santa Ana Police Department regular and overtime costs for the event. In the event that the event is rained out or otherwise cancelled on short notice, the promoter will be responsible for a minimum of 4 hours of over -time costs. 33. LIGHTING — Where applicable, the City will turn on ball field and safety lighting to help light the carnival. Promoter is responsible for providing all other lighting to ensure that all areas of the carnival are adequately lit throughout the duration of the event. Promoter agrees to pay a $500 penalty per day for each violation of this section. 34. NEIGHBORHOOD BOOTHS — Promoter shall provide the local neighborhood associations with a booth for marketing and fundraising. This booth will be in addition to the 20 booths described in Section II. No sales are allowed at these booths. Booth shall include a 10x10 canopy, one 6 foot table, two chairs and adequate lighting. 35. ANIMALS — No petting zoos, pony rides, or any other animals are allowed at the carnival. 36. MASSAGE — No massage booths or massages are allowed at the carnival. 37. DISSALLOWED ITEMS — Blow horns, slingshots, knifes, and adult items (sexual in nature). 18 20B -40 NON - EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS THIS AGREEMENT, made and entered into this 6th day of February, 2011 by Robert Acosta & Associates (hereinafter "Promoter "), 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 On December 7, 2011, the City issued Request for Proposals, No. 11 -068 - PRCSA, seeking carnival Promoters to provide carnivals at specified City owned parks. Promoter submitted a proposal to provide carnival services. Promoter represents that Promoter is able and willing to provide carnival services to the City as specified in the Request for Proposals No. 11-068 -PRCSA and any addendums thereto. In undertaking the performance of this Agreement, Promoter represents that it is knowledgeable in its field and that any services performed by Promoter under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival Promoter in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. PREMISES AND USE (A) The City of Santa Ana owns the following community parks ( "Parks ") within its boundaries: Rosita Park, located at 706 N. Newhope, Santa Ana; Cesar Chavez / Campesino Park, located at 3311 W. 5th St, Santa Ana; and Delhi Park, located at 2314 S. Halladay St., Santa Ana. City hereby grants to the Promoter a non - exclusive, revocable user agreement to encroach upon the specific areas of the above stated Parks ( "Carnival Areas ") delineated in the renderings of the Parks attached hereto and collectively referenced as Exhibit "A ", for the purpose of providing carnivals and for no other purpose. Promoter shall provide one (1) carnival ( "Carnival Event ") at each location during the term of this Agreement on dates approved by the Executive Director of Parks, Recreation and Community Services Agency, as set forth in Section 3 hereof. (B) The right and permission of Promoter is subordinate to the prior and paramount right of the City to use the City owned Parks described herein above in its entirety for public purposes to which it presently is and may, at the option of the City, be devoted. Promoter agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parks by the City, its residents and guests. (C) Promoter hereby acknowledges that title to the Parks is vested in the City and agrees never to assail or challenge the same, and further agrees that Promoter's use and occupancy of the Carnival Area within the Parks shall be limited solely to the permission for such use and occupancy granted herein. (D) As a covenant to this Agreement, Promoter agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in the Request for Proposals, RFP 11 -068 - PRCSA, issue date December 7, 2011 , and Addendum No. 1 thereto (hereinafter, collectively "RFP ") attached hereto as Exhibit "B" and incorporated herein by reference. Any failure to adhere to and comply with the terms, conditions and responsibilities enumerated in the RFP shall be deemed a breach of this Agreement and of the RFP. 1 20B -41 (E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Promoter alternative dates for the conducting of the Carnival Events within the term of this Agreement. If Promoter desires to obtain alternative dates as provided in this paragraph, Promoter must timely request the same from City. SCOPE OF SERVICES Promoter shall provide at each of the Parks identified a full service carnival complete with the rides, equipment and services as set forth in the RFP (Exhibit B) to this Agreement. Provider, if it contracts with an Operator to provide carnival attractions, shall require such Operator to fully comply with all the terms and conditions of this Agreement regarding the provision of carnival services, including insurance requirements. Not later than sixty (60) days prior to the staging of any carnival event, Promoter shall obtain the written approval of the Executive Director of Parks, Recreation and Community Services, of any such Operator. Promoter shall not utilize a different operator without first obtaining the written permission of the Executive Director. 3. FEES/DEPOSITS/PERMITS/LICENSES At least 10 days prior to the commencement date of each Carnival as set forth below, Promoter shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Promoter agrees to pay the City and City agrees to accept from Promoter the following fees per Carnival Event. Park/ Carnival Dates Fee Max Event Size Rosita Park June 8 -10 $4,500.00 16 Carnival Rides Cesar Chaves /Cam esino October 7 -9 $4,500.00 14 Carnival Rides Delhi Park October 21 -23 $4,500.00 14 Carnival Rides $13,500.00 *Note: Each carnival may host 12 Game Booths and 20 food / information booths. One booth is equal to one 10x10 canopy area. A maximum ten 10 x 10 cooking booths will be allowed (or five 10 x 20). The remainder can be non - profit, commercial or sponsorship booths. Please include in your plot plan what goods and services each of these booths will offer and the dimension of each booth. The City must approve all goods and services sold at commercial booths. Massage booths are not allowed In addition to the fees set forth herein, Promoter shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit B hereto. All fees and deposits shall be due and payable as set forth in the RFP. Additionally, failure to pay the cleanup /damage deposit and/ or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day. The vendor will not be allowed to start an event if there is an unpaid balance. Vendor is subject to other monetary penalties for failure to perform as set forth throughout the RFP. 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Promoter shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Promoter of all the terms, covenants, and conditions of 2 20B -42 this Agreement to be kept and performed by Promoter during the Term of this Agreement, or any extension thereof, and including the removal of Promoter's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within the RFP, the security deposit, or any remaining portion thereof, and any unused fees shall be returned within 60 days of the final carnival activity provided for in the RFP. 5. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2012 unless tenninated earlier in accordance with this Agreement. The term of this Agreement may be extended for an additional 1 year term at the City's sole discretion through a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 6. NON - POSSESSORY INTEREST City retains full possession of the Park and Carnival Area and Promoter will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Promoter will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 7. NON RECORDING Neither party shall record this Agreement 8. RECORD KEEPING AND AUDIT A. Promoter shall establish and maintain separate accounting records for each Carnival Event at the specified Parks. Promoter's accounting system shall conform to generally- accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Park Carnival Events. B. All Promoter's records of revenues and repairs pertaining to the Carnival Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by City upon request 9. INDEPENDENT CONTRACTOR Promoter 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 Promoter performs the services which are the subject matter of this Agreement; however, the services to be provided by Promoter shall be provided in a manner consistent with all applicable standards and regulations governing such services. Promoter 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. 10. INSURANCE Prior to undertaking performance of any work relative to a Carnival Event under this Agreement, Promoter shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 3 20B -43 a. Commercial General Liability Insurance. Promoter and each of its operators and subcontractors 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 the operations or performance of this Agreement by Promoter, its operators or subcontractors, 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 $5,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. A. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. B. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Promoter, if Promoter 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, Promoter agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. C. The following requirements apply to the insurance to be provided by Promoter pursuant to this section: i. Promoter 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; and shall state as follows: "The above detailed coverage is not subject to any deductible or self - insured retention, or any other form of similar type limitation. " iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. V. If the certificate of insurance is in the name of the carnival Promoter it shall include the name of the carnival promoter as additionally insured. E. If Promoter 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. Promoter agrees to indemnify the City for any work performed prior to approval of insurance by the City. 4 20B -44 11. INDEMNIFICATION Promoter agrees to and shall protect, defend, indemnify and save and hold harmless the City, its officers, agents, employees, special counsel, and representatives from liability, loss, damage, expense or cost: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Promoter or its operators, contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Agreement or by reason of the terms of, or effects, arising from this Agreement. The Promoter further agrees to defend, 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 challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Promoter shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Promoter's performance of this Agreement or any failure to comply with any of Promoter's obligations contained in this Agreement by Promoter, its officers, agents, employees or contractors. 12. TRASH/UTILITIES /CLEANUP Promoter is responsible for the collection and disposal of all trash as specified in the RFP (Exhibit B) including the providing of the required 40 yard roll -off dumpsters. Promoter is responsible for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to this Agreement as set forth in the RFP. The area to be cleaned includes the parking lots and the surrounding neighborhood and streets. Further, with the exception of the City supplying two (2) potable water hookups as set forth in the RFP, Promoter is responsible for supplying all utilities to be used during the Carnival Events, including supplying the required portable toilets as specified in the RFP. Persons performing clean -up shall be employees or subcontractors of the vendor. 13. HAZARDOUS MATERIALS Promoter represents and warrants that its use of the Carnival Area herein will not generate any hazardous substance, and Promoter will not store or dispose on the Park and /or Carnival Area nor transport to or over the Park and /or Carnival Area any hazardous substance. Promoter further agrees to clean -up and remediate any hazardous substance on the Park and /or Carnival Area and Property, and hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from 5 20B -45 time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 14. WASTE OR NUISANCE Promoter shall not commit or permit the commission by others of any waste on the Park or Carnival Areas. Promoter shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and /or Section 3480 of the California Civil Code on the Park or Carnival Areas; and Promoter shall not use or permit the use of the Park or Carnival Areas for any unlawful purpose. 15. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Carnival Event in the event of public necessity or emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. 16. ON -SITE OFFICE One (1) trailer -type vehicle will be allowed to park in the Carnival Area, in a location pre- determined by the Park Superintendent, to be used exclusively as a business office by Promoter. This vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to be used for sleeping accommodations while on Park premises. The office vehicle will be allowed on the premises for the period provided for all other carnival equipment pursuant to the RFP. Promoter shall be at the carnival site during the entire event, including set -up and take -down. If Promoter is must be absent from the site, he shall ensure a supervisor, authorized to act on behalf of Promoter, is present. 17. LIENS Promoter will not permit any mechanics' or materialmens' or other liens to stand against the City Park or Carnival Area by reason of any use or occupancy by Promoter, or any person claiming under Promoter. 18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION In the event of any damage, destruction or condemnation of the Park and /or Carnival Area, which renders the Park and / or Carnival Area unusable or inoperable in Promoter's judgment, Promoter shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Carnival Area by giving written notice to the City within thirty (30) days after such damage, destruction or condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Park and / or Carnival Area is no longer adequate for Promoter to continue its operations, or any repairs to the Park and / or Carnival Area to remedy such damage, destruction or condemnation have not been completed or cannot reasonably be completed outside of forty-five (45) days from the date of the up coming scheduled carnival, City may terminate this Agreement upon thirty (30) days written notice to Promoter. In the event of condemnation, unless Promoter is allowed by the condemning authority to continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Promoter is required to cease its operations, whichever is • earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to City. 19. TERMINATION This Agreement may be terminated by the City without cause upon thirty (30) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 20. DEFAULT BY PROMOTER Should Promoter default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement and the attached RFP, re -enter and regain possession of the Carnival Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. 21. INSOLVENCY OF PROMOTER The insolvency of Promoter as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Promoter, or the making of a general assignment for the benefit of creditors by Promoter, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re -enter and regain possession of the Carnival Area. 22. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 23. WAIVER OF BREACH The waiver by City of any breach by Promoter of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Promoter either of the same or another provision of this Agreement. 24. CONFLICT OF INTEREST CLAUSE Promoter 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. 25. 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, addressed to the party concerned as follows: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 7 20B -47 Fax 714- 647 -6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714 - 647 -6515 To Promoter: Robert Acosta & Associates Attn: Robert Acosta 74450 Fairview Drive Palm Desert, CA 92660 Fax 760 - 836 -0410 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. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 26. CONTRACT ADMINISTRATOR The Executive Director of Parks Recreation and Community Services Agency, or his /her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 27. COMPLIANCE WITH LAWS Promoter shall obtain and maintain a permit issued by the Division of Industrial Safety of the Department of Industrial Relations of the State of California. In addition, Promoter shall, at Promoter's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Promoter's use and occupancy of the Park and Carnival Area and Promoter's facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Promoter in a proceeding brought against Promoter by any government entity, that Promoter has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Promoter and shall be considered grounds for termination of this Agreement by City. Promoter will obtain all permits and other governmental approvals, required in connection with Promoter's activities hereunder, and update such permits /approvals as necessary. W 28. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Promoter, 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, including the RFP, 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 Promoter. 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 parties, which are not embodied herein. 29. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Promoter, Promoter 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 Promoters retained by City. 30. NON - DISCRIMINATION Promoter 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. Promoter affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 31. 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. 32. ATTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 33. PROFESSIONAL LICENSES Promoter 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. Promoter shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 34. BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 35. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive 36. 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: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager ROBERT ACOSTA & ASSOCIATES ROBERT ACOSTA Owner Tax ID # 10 20B -50 EXHIBIT A PARK LOCATION MAPS 11 20B -51 EXHIBIT B A. PROMOTER'S RESPONSIBILITIES REQUIRED CLEANUP /DAMAGE DEPOSIT - Upon selection, Promoter must provide a $5,000 refundable damage /clean -up deposit to the City of Santa Ana, Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the start date of the event. Monies will be deducted from the deposit for repair of any damages incurred, cleanup of the park, unforeseen security or staff costs, or any other charges caused by the event. Any remaining monies from the deposit will be refunded to Promoter at the conclusion of the carnival season. Should costs incurred by the City (as stated above) be greater than the total deposit, the Promoter will be invoiced for the balance due. The Promoter will be required to submit the balance due 10 days prior to conducting another event. The deposit balance shall remain at $5,000 during the term of the agreement. Promoter agrees that failure to pay the cleanup /damage deposit and /or any other outstanding balances and fees a minimum of ten (10) business days prior to the start of the event will result in a penalty of $500 per day penalty. Promoter will not be allowed to start an event if there is an unpaid balance due. 2. CLEANUP DURING AND AFTER THE EVENT — Promoter agrees that it has full responsibility for continuously cleaning the park by removing all trash and debris on the ground, removing trash from the park receptacles and replacing liners and cleaning /sanitizing restrooms from the time the first Promoter employee arrives at the park site for set up until the last Promoter employee leaves the park. Furthermore, Promoter agrees to be responsible for cleanup of the event site and the surrounding areas after the event. Promoter agrees to arrange for trash pick -up in the parking lots and surrounding neighborhood after each day at Promoter's expense. Persons performing clean -up shall be employees or subcontractors of the Promoter. Failure to provide continuous clean -up will result in dispatching City staff to perform this work at Promoter's expense or the City hiring a private contractor to perform the work at Promoter's expense plus a $500 penalty for each day Promoter fails to perform this responsibility. 3. STREET SWEEPING —If street sweeping is necessary due to trash left from pedestrian and vehicular traffic and Promoter fails to perform as required above, the City will arrange for the parking lots and major streets surrounding the park to be swept on the day following the last day of the event at Promoter's expense. Furthermore, Promoter agrees to pay a $500 penalty for failure to perform this responsibility. 4. DUMPSTERS — Promoter is responsible for providing the appropriate number of 40 yard roll -off dumpster(s) to collect trash for the event. The dumpster(s) must be removed by 3:00 p.m. of the second day following the conclusion of the event. Promoter agrees to pay a penalty of $500 per day that the dumpsters are not provided and removed as indicated. 5. REQUIRED PLOT PLAN AND PLAN CHECK PROCESS — Promoter must provide a plot plan utilizing the land use certificate format for the overall equipment set up by a minimum of ten (10) business days before the event. The plot plan must include entrances, exits, all necessary barricading, detailed location of all rides, booths, restrooms, electrical equipment, 12 20B -52 etc. Promoter shall indicate number and name of rides on the plot plan, and the name and number of other types of carnival units such as repair and supply units they would like to have on the park. This plot plan is required by the Police Department, the Fire Department, the Planning and Building Agency (Electrical Division), the Parks, Recreation and Community Services Agency, and the Orange County Health Department. Promoter must walk the plot plan through the City Planning and Building Agency -Plan Check Section, 20 Civic Center Plaza, Ross Annex. For further information on the plan check process, please contact the Santa Ana Police Department at (714) 245 -8718 or (714) 245 -2709. Copy of approved plot plan must be provided to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency. Promoter agrees to pay a $500 penalty per day for each day late in providing the plot plan. 6. CARNIVAL LICENSE FEE— Promoter shall pay the required carnival license fees a minimum 10 days prior to each event. Checks shall be made payable to "The City of Santa Ana ". 7. FIRE AND ELECTRICAL INSPECTION — Ten (10) business days prior to the event, Promoter shall schedule appointments with the Santa Ana Fire Department and the Santa Ana Planning and Building Agency for an electrical inspection of all generators, carnival equipment, and booths to be used at the carnival. Promoter agrees to pay a $500 penalty per day for each day late in scheduling appointments as indicated. No more than ten (10) 10 x 10 cooking booths will be allowed (or five 10 x 20). Complete event rules and regulations will be provided to Promoter at plan check and copies shall be provided to each booth operator by Promoter. Promoter shall provide all event electricity. Hookups to park electrical outlets will not be permitted. All vendors must be set -up and ready for inspection by 4:00 p.m. on the first day of the carnival. Promoter agrees to pay a $500 penalty per day for each violation. O.C. HEALTH DEPARTMENT REQUIREMENTS — Promoter must obtain food permits and food booth inspections from the Orange County Health Department a minimum of ten (10) business days before the event. Any booths or vendors not receiving prior approval from the Orange County Health Department will not be allowed to operate. Food booths are only allowed to operate for the duration of the event during event hours only. To obtain food permits and schedule booth inspections, Promoter must contact the Orange County Health Department at (714) 667 -3610. Promoter agrees to pay a $500 penalty per day for each day late in securing food permits and food booth inspections. Furthermore, Promoter shall pay a $500 penalty per day for each food booth discovered operating without prior approval of the O.C. Health Department. Parks and Recreation will provide two (2) potable water hookups during the entire event. These water hookups are to be used ONLY for sanitation purposes in compliance with the Orange County Department of Health regulations, and are not for camping or refreshment preparation use. Promoter shall pay a $500 penalty per day for each violation. 9. REQUIRED PERMIT FROM BUSINESS LICENSE OFFICE FOR BOOTH VENDORS (BUSINESSES AND /OR NON - PROFIT ORGANIZATIONS) — Promoter is responsible for supplying the Business License Office with a list of pre- approved potential vendors before sending vendors to the Business License Office, in order to avoid unapproved vendors from vending during the event, or Promoter may collect all the necessary information and fees from the vendors and submit the entire packet to the Business License Office a minimum of 13 20B -53 five (5) days prior to the commencement of the event. Promoter shall pay a $500 penalty per day for each day late in submitting /paying the packet to the Business License Office. All vendors, business or non - profit organizations (selling or information only), which vend on City Property are required to possess a City of Santa Ana Business License. Businesses who do not have a current City of Santa Ana Business License can obtain a One -Day Peddler /Solicitor license. Non - Profit Organizations are required to obtain a Fee - Exempt status through the Business Tax Office. This is a once a year registration fee. For more information the Business Tax Office can be contacted at (714) 647 -5447. The Business Tax Office is located at 20 Civic Center Plaza, Rm. 1100, Santa Ana, CA 92702. Promoter agrees to pay a $500 penalty per day for each booth operating without a City Business License. 10. CONTACT WITH NEIGHBORHOOD ORGANIZATIONS — Promoter shall send a letter to the neighborhood associations adjacent to the park where the carnival is to be conducted informing them of the event and to gain their organization's support for the planned activity at the park during the scheduled times and dates, a minimum of ten (10) business days before the event. The Community Development Agency will provide contact information to the Promoter for a particular neighborhood upon request. Promoter shall submit copy of signed letter, on the organization's letterhead, to the Santa Ana Police Department and to the Parks, Recreation and Community Services Agency a minimum of ten (10) business days before the event. The Community Development Agency can be contacted by calling (714) 647 -5360. Promoter agrees to pay a $500 penalty for each violation of this section. 11. CONTACT WITH NEIGHBORHOOD RESIDENTS — At least 72 hours prior to each carnival event, Promoter must post a sign or send flyers to the neighborhood surrounding the park informing them that the event will take place. Signs or flyers must be in English and Spanish. Promoter shall pay a $500 penalty for each violation of this section. 12. CONTACT WITH BUSINESS ORGANIZATIONS - Promoter must send a letter a minimum of ten (10) business days before the event to each business owner within a quarter mile radius of the carnival site, notifying them of the dates and times of the event, and what precautions should be taken to prevent program participants from parking in the surrounding business parking lots. Promoter shall pay a $500 penalty for each violation of this section. 13. REQUIRED EVENT PERSONNEL — A minimum number of uniformed, state licensed security personnel contracted through a private bonded security company will be required each day of the event. Promoter shall provide the designated amount of soft security as specified by the Santa Ana Police Department prior to or on the date of the pre -event meeting. The Santa Ana Police Department may modify the number of security required as it sees fit, due to specifications in the scale and activities to be held at the event, and /or recent activity in the park and surrounding areas. Security personnel must be present 30 minutes prior to the beginning of the event each day and must stay a minimum of one (1) hour after the completion of the event each day or until the park is clear, to help prevent any possible disruptions. All security officers must carry two -way radio equipment to enable them to communicate with all other security personnel. All security personnel must wear highly visible attire (security vest, jacket) identifying them as security officers. None of the security company personnel may be armed. A copy of the signed agreement with the security company must be provided a minimum of ten (10) business days prior to the event. Promoter shall pay a $500 penalty per day for each violation of this section. Furthermore, if it is 14 20B -54 discovered that the security deployment is less than the City's mandated level of security the City may elect to dispatch, at Promoter's expense SAPD and /or Park Ranger's to bring the security levels up to the agreed upon level. 14. REQUIRED LICENSE FOR SOFT SECURITY - The soft security organization must obtain clearance from the City of Santa Ana Police Department. Arrangements for clearance to be obtained can be made by calling (714) 245 -8718 or (714) 245 -2709. Promoter agrees to pay a $500 penalty for failure to perform this responsibility. 15. POLICE DEPARTMENT REQUIREMENTS — The security company to be used by the promoter must be pre- approved by the Santa Ana Police Department. Promoter must provide the Police Department with the names of the contact persons representing the carnival vendor and contracted security company. At least one of those security company contacts must have access to a cell phone to be used in case the Santa Ana Police Department needs to be called for assistance. The promoter will be required to turn in a completed Land Use Certificate form, site plan and Security Guard contract to the Police Department. The security Guard contract shall include the following supplemental information: The Security Officer in charge, name and cell number A list of names, guard card numbers and copy of guard cards of the security officers assigned to the event. Guards will be required to produce their guard card on demand during the event if requested by the Police Officers assigned to the carnival. If the guard fails to provide said card he shall be immediately replaced by the contracted guard company with an officer who has a guard card. Promtoer must also have a minimum of two (2) Santa Ana Police Department Officers present at all carnivals during agreed upon hours of event operation. In addition, one (1) motor officer will be required at Jerome and Cesar Chavez /Campesino locations. If the number of officers required exceeds two officers, Promoter shall not be responsible for the payment of costs for more than four officers. Promoter will also provide the Police Department with a booth at these events. The Police Department will coordinate necessary police assistance for the event at Promoters' expense. 16. ADDITIONAL POLICE /FIRE/PARK PERSONNEL — Promoter agrees that if a disturbance occurs due to the operations of the carnival and additional Police, Fire or Parks personnel assistance is required, promoter will pay those additional expenses. 17. PRE -EVENT AND POST EVENT INSPECTIONS WITH PARK PERSONNEL — Promoter must arrange to meet with the Park Supervisor by calling (714) 448 -9127, to schedule a walk through the park before and after the event. The pre- inspection and post- inspection meetings will determine the condition of the sites before and after the event. A pre- inspection meeting must occur on the Tuesday prior to the carnival event. Promoter must bring the proposed plot plan to this meeting. Promoter shall not set up until pre- inspection has been completed. Set up prior to event date and /or before the pre- inspection meeting will result in a fine of $1,000 per day and may lead to a suspension of future events. A post- inspection meeting shall be completed on the second day following the carnival activity at 2:00 pm., unless otherwise stipulated by representatives of the Santa Ana Police 15 20B -55 Department and the Parks, Recreation and Community Services Agency. Failure to do so will result in a fine of $1,000 per day and may lead to a suspension of future events. Promoter agrees that the Park Supervisor shall be the final authority regarding interpretations of the sites existing conditions both before and after the event. Failure by the promoter to set and attend these meetings will result in the Park Supervisor performing the walk through of the park site without the promoter and all conditions recorded by the Park Supervisor shall be deemed as accurate and final. 18. PROTECTION OF FIELD AND TURF — Promoter shall be responsible for placing the carnival equipment in a way as not to cause damage to the park turf or irrigation system (sprinkler heads, etc). Such precautions may include painting around or covering the sprinkler heads with a "metal disk ", or whatever efforts are necessary to protect the irrigation equipment at Promoter's expense. Funds to repair damages incurred to the turf or irrigation equipment due to the carnival event will be deducted from the security deposit. In the event that the cost of damages exceeds the deposit amount, Promoter must pay the balance within ten (10) days of the conclusion of the event. All concerns must be resolved prior to continuing with future events. Failure to do so may result in the suspension and or voiding of contract with Promoter. 19. CARNIVAL EQUIPMENT SET UP AND REMOVAL -None of the equipment may be moved into the park prior to the completion of the pre -event inspection meeting and /or 9:00 am on the Tuesday before a carnival event is to be held. All equipment must be removed no later than 2:00 pm on the Tuesday following the conclusion of a carnival event, unless approved in writing by the Park, Recreation and Community Services Agency. No carnival equipment may be stored on City streets or parks. There will be a $1,000 fee per day for equipment arriving earlier or left in the park later than the above stated times. 20. CARNIVAL HOURS — The carnival may not operate earlier than noon each day and no later than 11:00 p.m. on Thursday (if applicable), Friday and Saturday and no later than 10:00 p.m. on Sunday. Carnivals operating on Monday may play until 11:00 p.m. on Sunday night and 10:00 p.m. on Monday night. Ticket sales and food sales must stop one half hour prior to the scheduled carnival closing time. Promoter agrees to pay a $500 penalty per day for each violation of this section. 21. PORTABLE RESTROOMS — Promoter shall provide a minimum of seven (7) portable toilets, with one of those toilets designed specifically for disabled persons. The toilets shall be placed no later than noon on the Thursday prior to the event and must be removed by 2:00 pm on the Monday following the conclusion of the event. Two (2) of the portable toilets must be delivered by the Tuesday prior to the event for use by Carnival workers during event set up. Promoter is responsible for arranging for portable toilets to be serviced (waste removal by the portable restroom company) a minimum of once per day or twice per day for capacity crowds. 21. SALE, ADVERTISING AND CONSUMPTION OF BEER, ALCOHOL OR CIGARETTES Promoter agrees that there shall be no beer, alcohol or cigarettes sold or consumed at any of the proposed events, nor shall there be any inflatables, balloons, or banners advertising beer, alcohol or cigarettes at any of the proposed events. Promoter agrees to pay a $500 penalty per day for each violation of this section. 16 20B -56 23. NATURE OF CARNIVAL GAMES AND /OR ACTIVITIES — Promoter agrees that no games or activities involving the shooting of a gun or weapon, simulated or real, shall be used in any of the entertainment, including game booths, with the exception of water guns that are clearly recognizable as such. Promoter also understands and agrees that any gambling games or games of chance shall be subject to review and removal by the Santa Ana Police Department, who will ensure that they are fair and legal in nature, and in compliance with any applicable statutes. A determination by the Santa Ana Police Department that any particular game is in violation of any statute shall result in the removal of the game. Any City decision to remove a game will be final. 24. SIZE OF CARNIVAL RIDES — Promoter must bring a list and photos of their proposed rides to the pre -event meetings. The carnival ride list must be pre- approved by the Park Superintendent. In addition to minimizing the damage to park property, the City desires a balance between the number of small, medium and spectacular rides in order to maintain a family and community environment at these events. Although promoters will be encouraged to provide only small and medium rides, depending on the venue, up to two spectacular rides may be allowed. The Park Superintendent must approve the final ride list at, or any time before, the pre -event meeting. All carnival rides used in City parks shall comply with State permitting requirements. 25. EVENT STAFF, OFFICE AND SECURITY PARKING — Promoter agrees that there shall be no overnight camping or privately owned vehicles for the purpose of overnight camping at the park site. All vehicles (cars, motor homes, trailers, tractor trailers with sleeping accommodations, motorcycles, etc.) must be parked outside of the park before, during and after carnival operation hours. The Park Superintendent will identify authorized parking areas at the pre -event meeting. Promoter is permitted one vehicle within the park site for security personnel and one vehicle for office purposes. Promoter shall pay a $500 penalty per day for each violation of this section. 26. DELIVERIES OF SUPPLIES TO VENDORS — Promoter shall be responsible for making certain the booth vendors are well stocked. Once the event is underway, all deliveries of food, drink and supplies must be carried via hand trucks or small Daihatsu or Cushman type vehicles to the booth sites. No trucks or automobiles will be allowed in the program area during programming hours. Loading and unloading of vendors equipment should be done prior to and after the event. 27. PERSONNEL TO PLACE AND COLLECT TRAFFIC BARRICADING EQUIPMENT — Promoter shall provide personnel to assist in placing and collecting the traffic barricades and equipment, under the supervision of the Police Department, before and after each day's event. Failure by the promoter to place and/or collect traffic barricades and/or equipment will result in City staff or a separate contractor completing this work at Promoter's expense. 28. RENTAL OF TRAFFIC CONTROL EQUIPMENT — Promoter shall be required to pay for the rental of specific traffic control equipment, as required by the Police Department. 29. PERSONNEL PARKING - Promoter shall instruct all personnel to park in areas indicated on the approved plot plan. Promoter personnel who fail to park vehicles in pre- approved designated areas may be subject to citation and /or towing at the vehicle owner's expense. 17 20B -57 30. EVENT PARKING AND REQUIRED SIGNAGE - Promoter shall be required to post signs before the start of the event in both English and Spanish stating "No Event Parking" at the entrances to the local neighborhoods and businesses during the full duration of the carnival. Promoter shall ensure that these signs remain in place through the duration of the event. Promoter shall pay a $500 penalty for each violation of this section. 31. PERSONNEL AT ENTRANCES TO NEIGHBORHOOD — Promoter must provide soft security personnel (licensed as specified in Item V.A.15.) to work at designated neighborhood entrances in close proximity to the park. A minimum of two (2) persons, plus necessary directional signage, shall be stationed at each of the housing tract entrances during all event program hours in order to deter event participants from parking in the residential areas adjacent to the event. Promoter agrees to pay a $500 penalty per day for each violation of this section. 32. POLICE DEPARMENT REQUIREMENTS — Santa Ana Police Department officers will be required during event hours to enhance the security of the event. The number of officers needed will be based on factors such as the size of the event, expected attendance, and recent area activity. Promoter will be informed of the number of additional officers needed at the pre -event meeting described in Item IV.A.18. The Police Department will arrange the necessary police staffing for the event. Promoter is responsible for all Santa Ana Police Department regular and overtime costs for the event. In the event that the event is rained out or otherwise cancelled on short notice, the promoter will be responsible for a minimum of 4 hours of over -time costs. 33. LIGHTING — Where applicable, the City will turn on ball field and safety lighting to help light the carnival. Promoter is responsible for providing all other lighting to ensure that all areas of the carnival are adequately lit throughout the duration of the event. Promoter agrees to pay a $500 penalty per day for each violation of this section. 34. NEIGHBORHOOD BOOTHS — Promoter shall provide the local neighborhood associations with a booth for marketing and fundraising. This booth will be in addition to the 20 booths described in Section II. No sales are allowed at these booths. Booth shall include a 10x10 canopy, one 6 foot table, two chairs and adequate lighting. 35. ANIMALS — No petting zoos, pony rides, or any other animals are allowed at the carnival. 36. MASSAGE — No massage booths or massages are allowed at the carnival. 37. DISSALLOWED ITEMS — Blow horns, slingshots, knifes, and adult items (sexual in nature). 18 20B -58 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 6, 2012 TITLE: APPROPRIATION ADJUSTMENT TO TRANSFER FUNDS TO THE SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY Z( iA- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment transferring fund balances from the former Community Redevelopment Agency of the City of Santa Ana to the City, acting as the Successor Agency. DISCUSSION The State Supreme Court's decision on the CRA v Matosantos case upheld State Assembly Bill AB1X 26 and required the dissolution of all redevelopment agencies by February 1, 2012. As part of the dissolution process, on January 9, 2012, City Council adopted a resolution designating the City of Santa to serve as the Successor Agency for the former Community Redevelopment Agency of the City of Santa Ana (RDA). On January 30, 2012, the Redevelopment Agency Board adopted a resolution establishing an amended Enforceable Obligation Payment Schedule to deliver to the Successor Agency. Section 34170.5(a) of the dissolution bill requires the Successor Agency to create a Redevelopment Obligation Retirement Fund within its treasury to administer the former RDA's assets, properties, contracts, and leases. The former RDA fund balances will be transferred to the City, acting as the Successor Agency, in order to continue making payments against the amended Enforceable Obligation Payment Schedule. FISCAL IMPACT Funds will be transferred from the former Redevelopment Agency Fund (various accounting units in the 500 series) and appropriated into the Redevelopment Obligation Retirement Fund (various accounting units in the 600 series). APPROVED AS TO FUNDS AND ACCOUNTS: Nancy T. ards Francisco Gutierrez Interim Exe utive Director Executive Director Community Development Agency Finance & Management Services Agency NTE /SG /mlr 20C -1 20C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 6, 2012 TITLE: CONTRACT AWARD TO EN POINTE TECHNOLOGIES SALES INC FOR CISCO SMARTNET MAINTENANCE RENEWAL (SPEC. NO. 12 -007) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to En Pointe Technologies Sales, Inc. for Cisco SMARTNET Maintenance Renewal in an amount not to exceed $43,200. DISCUSSION The Information Services Division maintains the City's computer network equipment. The City's computer network includes 275 Cisco manufactured pieces of equipment which require maintenance and support to ensure the viability of the network infrastructure. The City's current Cisco contract provides SMARTNET maintenance service for network gear supporting various City agencies including 24x7 maintenance and support services for the Police Department. Services are provided directly by Cisco and sold by its arrangement of resellers. Cisco's SMARTNET support and maintenance is critical to preserving the integrity and minimizing downtime of the City's computer network. A notice inviting bids was advertised on January 4, 2012 and bids were solicited. A summary of the bid invitations and bids received is as follows: 8 Invitations For Bid mailed 4 Bids were received Bids were received and opened January 12, 2012 (Exhibit 1). The bid from En Pointe Technologies Sales, Inc. is responsive to the specifications and meets the City's requirements. 22A -1 Contract for Cisco SMARTNET Maintenance Renewal February 6, 2012 Page 2 FISCAL IMPACT Funds are available in the Finance Information Systems Strategic Plan Maintenance and Support account (no. 10910147 62300). APPROVED AS TO FUNDS AND ACCOUNT: t Francisco Gutierrez, Executive Director Finance and Management Services Agency EG 22A -2 ABSTRACT OF BIDS CONTRACT AWARD FOR CISCO SMARTNET MAINTENANCE (12 -007) Vendor En Pointe Granite Emgence Technologies Business Sales Inc. Solutions Technologies, Inc Location Gardena, CA Rocklin, CA San Diego, CA Total $40,019.34 $41,726.00 $42,208.00 Vendor PC Mall Gov Inc Location Manassas, VA Total $52,077.00 Exhibit 1 22A -3 22A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 6, 2012 TITLE: CONTRACT AWARD TO DOWNTOWN FORD SALES FOR PROPANE POWERED SEWER PIPE TRUCK (SPEC. NO. 12 -010) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Downtown Ford Sales for one propane powered sewer pipe truck in an amount not to exceed $142,800. DISCUSSION The Public Works Agency Water Resources Division maintains 50,000 water service connections to deliver 40,438 acre -feet of water to businesses and residents in Santa Ana. To perform maintenance and repairs on the City's extensive water distribution system, the PWA requires supplies including 20 foot lengths of copper tubing, equipment to cut and adjust the tubing for installation and trucks to carry crew and materials to the service site. The current truck does not provide the necessary configuration and is inefficient. As such, the PWA discussed with fleet personnel the need to outfit a sewer pipe truck to accommodate the Water Resources crews in the repair and maintenance of the City's Sewer. A task force comprised of Water Resource supervisors and fleet personnel determined that one 1996 1 -ton GMC truck, previously approved for replacement in the current fiscal year budget, has reached its useful lifecycle. A new heavy duty utility truck outfitted with a crane, compressor, pipe rack, hose reel and tailgate lift is needed to perform the day -to -day tasks of the Water Resources Division. In addition, the vehicle will include a propane powered fuel engine to meet the current emission requirement for large trucks under the Air Quality Management District (AQMD) rules. The propane powered fuel engine will reduce annual fuel costs by approximately fifty percent (50 %). This action is in concert with our 5 -Year Alternative Energy Plan of converting 85% of the City fleet to alternative energy, and reduces our carbon footprint, and reduction of green house gases within the community. 22B -1 Contract for Propane Powered Sewer Pipe Truck February 6, 2012 Page 2 Furthermore, the Fleet Maintenance Division applied for grant funds from AQMD and was awarded $210,000 for the replacement of seven diesel powered trucks with alternative energy low emission trucks. This is the first truck recommend for purchase. As such, AQMD will reimburse the City $30,000 for the purchase the sewer pipe truck. A four percent contingency has been included in the award amount. Santa Ana City Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. Downtown Ford Sales, contract was awarded as a result of open, competitive bidding under the State of California Department of Government Services (DGS) guidelines and meets the City's requirements. The utility body and propane conversion on the fuel operation are contract through Downtown Ford Sales. FISCAL IMPACT Funds are available in the Sanitary Sewer Service Machinery & Equipment account (05617640- 66400) for 90 percent at $101,520 and the Equipment Replacement Machinery & Equipment account (07510101- 66400) for 10 percent at $11,280. APPROVED AS TO FUNDS AND ACCOUNT: 1 Raul Godinez II Francisco Gutierrez, Executive Director Executive Director Public Works Agency Finance and Management Services Agency km G I REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 6, 2012 TITLE: CONTRACT RENEWAL TO BADGER METER, INC. FOR COLD WATER METERS (SPEC. NOS. 09 -001 & 09 -035) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contract with Badger Meter, Inc. for the purchase of cold water meters and miscellaneous supplies for a one -year period in an amount not to exceed $170,000. DISCUSSION The Public Works Agency Water Resources regularly performs installation, maintenance, and replacement of residential and commercial water meters. The three types of meters used by the City are positive displacement, multi -jet and turbine meters. Positive displacement meters are used primarily for residential applications. Multi -jet meters are used for multi - family residents, irrigation and commercial applications. Turbine meters are used for high volume water users, including industrials, commercial, irrigation and large multi - family residential applications. There are approximately 45,000 metered service locations in the City. The meters are purchased through the Central Stores warehouse for distribution to the Public Works Agency as needed. Typically, a water meter is replaced every 15 years which has the water crews working on 3,000 meters annually. However, as a result of staffing constraints, only 1,617 meters were replaced during the prior contract year. Consequently, Water Resource crews have been shifted to meet the demands of the recommended annual replacement volume of water meters. On March 2, 2009 the City awarded Badger Meter, Inc. a contract for positive displacement meters and on August 3, 2009 additionally warded to Badger Meters, Inc. a contract for multi -jet and turbine cold water meters for a one -year period with four one -year renewal options. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract with a three percent increase due to higher material cost. The requested increase is below the U.S. Department of Labor announced 12 -month 5.7% increase in the Producer Price Index for Materials for durable manufacturing. Staff recommends the second renewal of the contract. 22C -1 Contract for Cold Water Meters February 6, 2012 Page 2 FISCAL IMPACT Funds are available in the Water Utility System Maintenance and Water Quality & Measurement accounts (06017641 -63001 and 06017644- 63001). r-- .r• Raul Godinez II Executive Director Public Works Agency km APPROVED AS TO FUNDS AND ACCOUNT: ,Cm�nA' , A-., a o Francisco Gutierrez, Executive Director I� Finance and Management Services Agency 220-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 6, 2012 TITLE: AGREEMENT FOR ENVIRONMENTAL SERVICES WITH RBF CONSULTING TO PREPARE AN EIR FOR A PARKING STRUCTURE FOR MATER DEI HIGH SCHOOL AT 1202 WEST EDINGER AVENUE CITY MANAGER 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 Authorize the City Manager and the Clerk of the Council to execute the attached agreement with RBF Consulting for environmental services in an amount not to exceed $164,631 for a new parking structure for Mater Dei High School at 1202 West Edinger Avenue, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION In July 2011, Mater Dei High School submitted a proposal to expand the existing school campus and construct a three -story, 1,000 space parking structure. During the review of the project, it was determined that an environmental impact report (EIR) would be the required environmental document for the development. An environmental impact report is required for this project pursuant to the California Environmental Quality Act. A Request for Proposal (RFP) was circulated to nine qualified environmental firms in October 2011, with five consulting firms responding to the RFP. Based on a review of the proposals, it is recommended that RBF Consulting be awarded this contract to complete the EIR because of its track record in preparing high quality environmental studies, its familiarity with the City, and its background and knowledge about this project. The fee proposal to complete this effort is $164,631, which includes a 10 percent contingency fee. Funding to complete the EIR would be provided by Mater Dei. 25A -1 Agreement with RBF Consulting February 6, 2012 Page 2 FISCAL IMPACT This agreement will not impact any City /Agency funds. Funds in the amount of $164,631 will be deposited by Mater Dei into the Planning and Building Agency account for contractual services (No. 09801001 - 24035) prior to the consultant commencing any work. Trevino Executive Director Planning and Building Agency VF:rb W%reportsNater Dei EIR contract.cc020612 Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agen 25A -2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of , 2012 by and between RBF CONSULTING, a California corporation ( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of professional environmental reports and services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide professional environmental services, including the preparation of an Environmental Impact Report regarding a new parking structure for Mater Dei High School located at 1202 West Edinger Avenue. The scope of services and budget is attached hereto as Exhibit A and is incorporated by this reference to this Agreement. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible With the City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself'and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. EXHIBIT 1 25A -3 3. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services, the cumulative rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $164,631.00 during the term of this Agreement. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards. of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate upon the completion of the Scope of Services or depletion of the maximum contract amount as stated in Section 3 above, unless terminated earlier in accordance with provisions below. The team of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney for the City. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed 2 25A-4 additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required- by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise due to negligent acts, omissions or willful misconduct, fiom the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any 3 25A -5 claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from, and to the extent of Consultant's, negligent acts, omissions or willful misconduct in the performance of this Agreement. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City of Santa Ana C/o Clerk of the Council 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With copy to: Executive Director of PBA City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 4 telefacsimile (714) 973 -1461 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 Consultant:RBF Consulting Glenn La.Ioie, AICP Vice President 14725 Alton Parkway Irvine, CA 92618 telephone (949) 472 -3505 telefacsimile (949) 472 -8373 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any proposal or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement 5 25A -7 shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. NON - DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Aria and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. r1l �7 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees; for any injuries or damages to City in the event that such authority or power is not, in 'fact, held by the signatory or is withdrawn. b. 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: JOSEPH A. STRAKA Interim City Attorney By: Ryan O. Hodge Assistant City Attorney RECOMMENDED FOR APPROVAL: JAY TREVINO Executive Director - PBA CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager RBF CONSULTING GLENN LAJOIE, AICP Vice President 7 EHIBIT A SCOPE OF SERVICES (Attached) 25A -10 I: INTRODUCTION The City of Santa Ana is requesting proposals from planning and environmental consulting firms for preparation of an environmental impact report (EIR) fora new parking structure for Mater Dei High School at 1202 West Edinger Avenue, Santa Ana. The scope of work may include any and all work efforts related to the analysis, preparation, community outreach and related compliance with CEQA and /or NEPA (if required). This will include the preparation of an EIR and required technical studies, on -call consulting on as needed basis, and attendance at public hearings. 11. PROJECT DESCRIPTION Mater Dei High School has submitted a proposal to the City to construct a new parking structure for use by the high school. The proposed structure will be three stories in height (approximately 25 feet), and will accommodate 990 vehicles. Access to the structure will be provided from the existing campus parking lot at the north and from St. Andrew Street at the south. To accommodate the project, Mater Dei will need to acquire 19 privately -owned parcels of land that are currently occupied by single- family residences. Several discretionary actions will be required for the project. In addition to the EIR, the discretionary actions will include a zone change (Amendment Application) and general plan amendment for the 19 single- family residential lots, an amendment to an existing development agreement, and the partial abandonment of three streets. Further, a lot merger to combine the parcels with the Mater Dei campus will be needed. III. SCOPE OF SERVICES The Consultant shall provide technical environmental services under the direction of City staff. The Consultant will be expected to provide experienced and knowledgeable professional staff. The Consultants' Project Manager and staff shall be responsive and maintain excellent working relationships with project applicant, property owners, developers and City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Consultant shall be knowledgeable and very familiar with federal, state and local regulations, policies and procedures as they pertain to CEQA and NEPA services provided. Consultant services may include attendance at appropriate City Commission, City Council _and neighborhood meetings, and preparation of studies and technical reports. If determined necessary, the consultant shall be required to discuss the project with City Staff and applicant within two -weeks of approving proposal and receiving the notice to proceed from the City. At that time staff and applicant will provide all information pertinent to the project. It shall be the responsibility of the selected consultant to prepare the appropriate environmental documentation in conformance with the California Environmental Quality Act. The City staff shall work closely with the consultant in achieving a legally defensible document. As part of the proposed EIR, the following shall be addressed. Please identify the scope of work and related cost estimate by the categories listed below. 25A -11 A. Initiation of the Project/Kick -Off: Attend a kick -off meeting to discuss the project with City staff within five working days of receiving a notice to proceed. At this time, staff will present all information about the project, discuss any project constraints and issues, and refine the scope and responsibilities. B. Preparation of technical studies: Technical studies shall be prepared and.provided by the selected consultant that, at a minimum, are those listed in CEQA Appendix G: Environmental Checklist Form of the CEQA Guidelines. The Public Works Agency is requiring that, at a minimum, the following be included: Provide a Site Traffic Impact Analysis (TIA). The TIA shall include, but shall not be limited to the following: a) A forecast of the amount and distribution of vehicular traffic to be generated by the project and the commutative projects. b) An assessment of the impact the project may have upon adjacent signalized and un- signalized intersections. c) Assessments and recommendations at project access locations, including the ability of project traffic to enter and exit the site, traffic controls, movement restrictions, sight distance and internal circulation. A more detailed scope of work will be provided to the selected consultant. C. Preparation of the environmental impact report: The consultant will prepare the environmental document for the project. This will include meeting with the City for the purpose of obtaining information necessary for preparation of complete project and alternatives descriptions, establishing early communications among the various team members, and familiarizing the consultant with the issues and concerns identified for analysis. In addition, the initial study, notice of preparation, scoping meeting attendance and the preparation of a screencheck and draft EIR shall be included as part of this task. D. Preparation of the final EIR: The consultant shall prepare a final EIR that is consistent with all applicable provisions of the California Environmental Quality Act. This will include the response to comments, findings of fact, statement of overriding considerations (if applicable), the mitigation monitoring and reporting program, and all other related documents. E. Attendance at Meetings: The scope of services requires the selected consultant to work closely with staff in preparing the environmental impact report. The consultant shall budget (at minimum) attendance at the following meetings: 1 Kick -off meeting with City staff 1 Community workshops /stakeholder forums 1 EIR Scoping meeting 8 Monthly progress meetings with staff 2 Planning Commission study sessions 2 25A -12 I Environmental Transportation Committee (ETAC) study session 1 City Council study session 2 Planning Commission hearings 2 City Council hearings F. Deliverables: 10 per submittal Administrative Screencheck Draft EIR (assume three review cycles) 20 Draft EIR (for public review) 10 CD's that contain the Draft EIR 20 Final EIR (with CD's) 1 Electronic files (Print quality pdf, web ready pdf, editable file) Note: Prior to start of work, software and programs used for data collection, documentation and mapping shall be approved by City staff to affirm compatibility with City systems. IV. GENERAL REQUIREMENTS All work shall be performed in conformance with the latest City of Santa Ana, State Office of Planning and Research, State Department of Transportation, OCTA and other involved agencies' policies, procedures, standards and guidelines. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. The minimum standard of appearance, organization and content of the documents shall be that of similar types produced by the City and set forth in related City of Santa Ana and other involved agencies' manuals. The Consultant shall modify its work as necessary to meet the level of acceptability defined by the criteria above.. V. PERFORMANCE PERIOD The contract shall begin upon approval by the City Council, and the Consultant shall commence work after notification to proceed by the City. Unless extended by contract amendment, the contract shall terminate on December 1, 2013. The Consultant is advised that any recommendation for contract award is not binding on the City until the Agreement and all pertinent paperwork are fully executed and approved by the City Council. VF /Mater DeMMater Dei RFP scope only 3 25A -13 Clty of Santa Ana Proposal for the Mater Doi High School Parking Structure �P�„caclo" t t Environmental Impact Report V111. BUDGET TASK 1.0 PROJECTSCOPJNC G.L. 226 A.A. 176 R.G. 145 K.B. 126 E.T. 175 B,M. 200 P.M. 175 GA. 7d 0 50 Total Hours Repro Total Cost $0 1.2a L Ran a Anal is 72b 7 I PM Peak Period Ana Is 72c Traft6 nalWirrantAnatysfs 7.2d Queue Anal sis 1,1 Pre Kick -Off and Fro ed Characteristics 1.2 Research and Invest' ation 1.3 A Consultation L4 Pre ration o[Ihs 1rdt�l Stud 1.5 Notice of Preparation 1.8 Seo Mee ' 2.D PREPARA7lONOFADMINISTttAT )YEDRAF7EIR 4 4 1 1 i 1 8 2 q 4 26 1 8 4 2 5 3 5 10 0 12 7 $2300 $ l 155 5 925 3 34 26 92 $4 0 4 10 $690 $1.950 2.1 Introduction and Purpose 2.2 Executive Suma 2.3 Pr ct Description tion 2.4 Thresholds a[S nficance 2.5 Cumulative Pr eds1Anat is 2.6 E nvironme0lat is 1 2 1 1 1 18 1 4 4 2 2 3 8 8 23 4 7 4170 $980 $980 $3,826 90 31215 A. AesthelicsMewshed B. Airgg( C. Greenfrouse Gas Ana sislClimate Ctrs o. Lard Use end Relevant Plan ' E. Noise F. 'Traffic fficend CirculaGon 2,7 Grmffi Irducement 2.8 AUernallves to the P dAction 2.9 Mi ation Monitoft and RepoqLaa Pro warn 2.10 AddWonal Sections z.11 Graphic Extri6ils 3.0 DRAFT EIR 2 1 1 1 1 2 1 2 1 1 1 2 1 1 1 1 1 2 4 1 1 1 24 20 8 24 4 g 2 75 16 28 24 30 - 60 18 2 0 97 $13125 2 14 30 S5 300 2t 20 101 � 800 0 $5,850 $16475 9 0 10 t8 $1.445 $4 630 $980 S1560 $1,740 $9.530 $4,875 3.1 PfeWflar y Draft EIR 3.2 flat of Ute Orefl EIR 4.0 FINAL ENVIRONMENTALIMPACTREPORT -RUSDOMO 2 2 20 14 24 10 4 3 4 2 2 2 2 80 31 4.1 to Comments 4.2 FWEIR 413 Find slStalementofOverriJ Constderalbns 5.0 PROJECT COORDINATION AND MEETINGS 2 2 2 16 12 18 14 16 10 2 2 2 2 40 $0'630 30 $4.070 55,050 5.1 Poblk; Notices 5.2 Environmental Review Coordination 1 Y4 2 40 40 4 7 $1,155 5.3 Environmental Review Maeu 40 5 01 6,0 ENVIRONMENTAL DELIVERABLES 8 98 WAD $10,350 §� $145,105 TOTAL HOURS 107 238 2t2 $4 104 72 20 28 8611 $4 500 •Portent of Total Labor Hours 12.4% 27.5% 24.5°6 9.756 12.0 °h 8.3% 2.396 3,296 Sut3TOTALLABORCOSTS $24,075 $41650 $30740 $10500 518200 $14,300 $3,500 b2,10D TOTAL COSTS $149664 7.0 OP71ONAL TASK S 7.1 Add'dionalV1suRI81r WJons $1000 rs(mulalian 7.2 Trafftft is 0 50 0 $0 1.2a L Ran a Anal is 72b 7 I PM Peak Period Ana Is 72c Traft6 nalWirrantAnatysfs 7.2d Queue Anal sis 8 6 a 16 5 3 5 10 0 $0 11 9 13 $2,075 $1,725 $2475 26 34,950 G.L. a Gtenn Lejote AA. =Alan AsMmine R.G. =RRa Garda K.B. = Kristen Boque .1N 10- 108391.999 26 E.T. = Eddie Tom B.M. - Bob Matson P.M. - Paul Marlin GA. - Graphic Artist October 27, 2011 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic- Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 0 25A -15 25A -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 6, 2012 TITLE: CONDITIONAL USE PERMIT NO. 2011 -09 (APPEAL NO. 2011 -01) TO AMEND CERTAIN CONDITIONS FOR MARISCOS ZAMORA RESTAURANT AT 3701 WEST MCFADDEN AVENUE, SUITES G-J, JOSEFAT ZAMORA, APPLICANT L i4� CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2'd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving modifications to Conditional Use Permit No. 2011 -09 (Appeal No. 2011 -01). PLANNING COMMISSION ACTION On December 12, 2011, the Planning Commission granted Appeal No. 2011 -01 and adopted a resolution approving modifications to Conditional Use Permit No. 2011 -09 as conditioned by a vote of 5:2 (Acosta, Yrarrazaval opposed) for Mariscos Zamora Restaurant located at 3701 West McFadden Avenue, Suites G -J in the North Harbor Specific Plan (SP -2) zoning district (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. y M. Trevino Executive Director Planning & Building Agency VC:rb vc/reportslappeall1 -01 mod cupl1 -09 Mariscos Zamora ABC.cc Exhibit: A. Planning Commission Staff Report 31A-1 'ki r =v , REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 12, 2011 TITLE: PUBLIC HEARING — APPEAL NO. 2011 -01 FILED BY JOSEFAT ZAMORA TO AMEND CERTAIN CONDITIONS OF CUP NO. 2011-09 FOR MARISCOS ZAMORA AT 3701 WEST MCFADDEN AVENUE, SUITES G -J Prepared by Verny Carvajal Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended • As Amended • Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning 4kager Adopt a resolution denying the applicant's request to extend the hours of alcohol sales until 2:00 a.m. (Appeal No. 2011 -01), thereby confirming the Zoning Administrator's decision of November 2, 2011. °- • Josefat Zamora is requesting approval of an appeal application to modify Conditional Use Permit No. 2011 -09 and allow extended hours of operation for the Mariscos Zamora restaurant. Protect Location and Site Description Mariscos Zamora restaurant is located wkhin an existing, multi- tenant commercial development that is located at the northeast corner of McFadden Avenue and Harbor Boulevard. The site is approximately 247,400 square feet in size and contains 10 single-story buildings ranging in size from 4,900 to 30,600 square feet. The total area for the restaurant is 3,280 square feet. The site has a total of 356 on -site parking spaces (Exhibits 1 and 2). Protect Description The applicant is requesting modifications to Conditional Use Permit No. 2011 -09 to permit karaoke and strolling musicians and to extend hours of alcohol sales from 12:00 a.m. to 2:00 a.m. at the existing restaurant. Specifically, the applicant Is proposing to amend Condition No. 8, which limits the sate of alcohol from 7:00 a.m. to midnight; and Condition No. 9, which prohibits karaoke and strolling musicians. No tenant improvements are proposed as part of this project. The restaurant is a full service, sit -down eating establishment that currently accommodates approximately 76 patrons within its dining room (Exhibits 3 and 4). EXHIBIT A lkii[_i Appeal No. 2011 -01 December 12, 2011 Page 2 Proiect Background and Zoning Administrator Action Mariscos Zamora is an independently owned restaurant specializing in Mexican casual cuisine. This business has been operating at this location since December of 2000. The restaurant was originally approved as the Dos Amigos Restaurant in 1997, which operated under Conditional Use Permit No. 1997 -15 allowing for a Type 41 ABC license covering Suites H and I. The owners of Mariscos Zamora subsequently requested an amendment to the original CUP and it was approved on September 25, 2006. The amended CUP (CUP 1997 -15 Modification) allowed for the expansion of the restaurant into adjacent Suite J. In 2011 the business owner proposed a further expansion into Suite G and also requested an amendment to the existing condition of approval (Police Condition No. 8) to allow for the extension of their hours of alcohol sales until 2:00 a.m. (CUP 2011 -09). A Zoning Administrator hearing to consider the application was held on April 27, 2011. During the public hearing, in addition to the request for extended alcohol sales hours, the applicant requested a modification to Police Condition No. 9 to allow for strolling musicians, karaoke and a jukebox. The Zoning Administrator considered this information and continued the item to May 18, 2011. On May 18, 2011 the Zoning Administrator approved the expansion into Suite G and modified Police Condition No. 9 to permit a jukebox, with the proviso that it not be audible beyond 20 feet of the business. The request for extended hours of alcohol sales, strolling musicians and karaoke was not approved; however, the Zoning Administrator offered to re- review the applicant's request in six months to give the applicant time to establish a track record of compliance with the new conditions. This six -month period would have expired in late December 2011. As is the regular process for such approvals, on June 13, 2011, the Planning Commission confirmed the Zoning Administrator's action as part of the Consent Calendar. However, on August 19, 2011 the applicant contacted the City prior to the established six -month review period to request a review of the existing conditions of approval to allow karaoke, strolling musicians, and extended hours of alcohol sales. The applicant asked that staff consider the request earlier in order to allow the restaurant to remain competitive and meet customer demands during the peak holiday season. Staff agreed to present this information to the Zoning Administrator. A Zoning Administrator hearing was held on October 26, 2011 for Conditional Use Permit No. 2011 -09. Prior to the ZA hearing, two phone calls and a letter were received expressing concerns with noise and public safety related to the proposed live music and extended alcohol sales hours. Additionally, concerns were expressed relating to excessive window signs and exterior advertising promoting the availability of alcoholic beverages, both in violation of the existing CUP. This letter was presented by staff at the ZA hearing and three members of the public were in attendance. Two members were in support of the application and explained the benefit of extended alcohol 31A-4 Appeal No. 2011 -01 December 12, 2011 Page 3 sales hours and options for entertainment, while the other member expressed his issues with the window signs and lack of compliance with the existing conditions of approval. The Zoning Administrator instructed the applicant to comply with existing conditions of approval, and instructed them to remove all unpermitted window signs and temporary flags. He concluded by continuing the item for one week in order to allow the Police Department and Planning Division to verify compliance with all existing conditions. On November 2, 2011 the proposal was reevaluated by the Zoning Administrator. At this meeting, the Planning Division presented photographs of the site showing that the illegal signage had been removed as requested by the Zoning Administrator. The Zoning Administrator expressed his concerns that the applicant had not yet established a strong track record of compliance, but elected to approve the request to further modify Police Condition No. 9 to permit strolling musicians and karaoke and denied the request to amend Police Condition No. 8 to extend the hours of alcohol sales. In summary, with the exception of the extended alcohol sales hours, all of the applicant's requests for modifications to the CUP were approved. On November 7, 2011 the applicant appealed the Zoning Administrator's decision denying the extended hours of alcohol sales (Appeal Application No. 2011 -01). The applicant states that the extended hours of alcohol sales are necessary to remain competitive with other businesses in the area. General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial (GC). General Commercial districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, such as this restaurant. The project site is consistent with this General Plan land use designation. The site is surrounded by commercial uses to the north, south and west, and industrial uses to the east. The parcel is located within the General Commercial sub -zone of the North Harbor Specific Plan (SP -2) zoning district. The SP -2 zoning district allows for retail and service uses, such as restaurants, making the proposed use consistent with the zoning code. Proiect Analysis The following analysis will focus on the issues regarding the extension of the hours for alcohol sales until 2:00 a.m. at Mariscos Zamora. Police Condition No. 8 of CUP 2011 -09 states that: "Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 7.00 a.m. and 92:00 a.m." 31A-5 Appeal No. 2011 -01 December 12, 2011 Page 4 Mariscos Zamora is located within the General Commercial sub -zone of the North Harbor Specific Plan (SP -2). This zone does not require an after -hours permit for restaurants, such as those that are located within 150 feet of residential uses in other commercial zones. Under the existing zoning, and without any additional discretionary approvals, Mariscos Zamora currently has the ability to operate 24 hours. The condition of approval that restricts their hours of operation until 12:00 a.m. only pertains to the sale and service of alcohol. That condition has existed since the time of their original approval in 1997. Therefore, the findings of fact that follow are restricted to the extension of the hours of sales and service of alcohol. The Santa Ana Municipal Code (SAMC) Section 41 -645 establishes a process for appeals. Findings for an appeal are contained in Section 41 -638 of the SAMC. Appeals may be granted when the following findings can be made: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the appeal. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the appeal, staff believes that the following findings of fact warrant denial of the applicant's appeal to extend the hours of alcohol sales. • The request for extended hours of alcohol sales will not provide a service or facility which will contribute to the general well being of the neighborhood or community. Within a one -mile radius of the project address there currently exist 37 ABC licenses. lki_[�Q: Appeal No. 2011 -01 December 12, 2011 Page 5 Type 20 Off -site sale of beer and wine Pacific Market 511 N. Harbor Blvd. 7 Eleven 103 S. Harbor Blvd. Wong Am Pm Inc 2646 W. First St. Cal Va Dairy 4201 W. First St. First & Fair Market 2715 W. First St., A Two Brothers Market 3610 W. First St., A Lucky Center Market 3502 W. Fifth St. R Ranch Market 2521 W. McFadden Ave. 7 Eleven Store 2745 W. McFadden Ave. Wal Mart Store 3600 W. McFadden Ave. Type 21 Off -site sale of beer, wine, and distilled spirits CVS Pharmacy 228 N. Harbor Blvd. Northgate Market 230 N. Harbor Blvd. Susies Liquor Market 914 N. Harbor Blvd., F Nadys Market 652 S. Harbor Blvd. Northgate Market 770 S. Harbor Blvd. Dans Liquor 950 S. Harbor Blvd. Bottle Liquor 4502 W. First St. El Super 3700 W. McFadden Ave. On -site sale of beer only (Type 40) or beer and wine (Type 41) in Type 40, 41 conjunction with a restaurant Lindo Guerrero Bar 2545 W. McFadden Ave. Colima Mexican Restaurant 130 N. Fairview St., A El Nuevo Monterey 601 N. Harbor Blvd. El Rey Del Marisco 914 N. Harbor Blvd., F Alfonsos Mexican Food 650 S. Harbor Blvd. Taqueria Guerrero 938 S. Harbor Blvd. Pho & Che Cali Restaurant & Bakery 120 S. Harbor Blvd., M Favori Restaurant 3502 W. First St. Cay Dua Restaurant Inc 3522 W. First St. Newport Seafood Restaurant 4411 W. First St. Ngoc Duong Restaurant 4504 W. First St. Pho Tau Bay Ltt 3610 W. First St., C Hen Ho Restaurant 4702 W. First St., F Mariscos Ensenada Restaurant Inc 3622 W. Fifth St. Casa Oaxaca 3317 W. First St. On -site sale of beer, wine, and distilled spirits in conjunction with a Type 47 restaurant The Red Turtle 1019 S. Fairview St. Willowick Golf Course 3017 W. Fifth St. On -site public premise sale of beer and wine (Type 42) or beer, Type 42, 48 wine and distilled spirits (Type 48) — no food service required El Fracaso Bar 701 N. Harbor Blvd. El As De Oros 3331 W. First St. The Tenampa Inn 4522 W. First St. 31A-7 Appeal No. 2011 -01 December 12, 2011 Page 6 Of those, 15 are for restaurants that sell beer and wine for on -site consumption (Type 41) similar to Mariscos Zamora. The following table illustrates the restrictions on hours of alcohol sales and service currently existing in the area. Due to the fact that most of these restaurants were approved prior to the establishment of the City's regulations and permitting processes regarding alcohol sales, they have few added conditions of approval and no City restriction on the hours of alcohol sales. It should be noted that ABC limits the sale of alcohol until 2:00 a.m., unless the City imposes more restrictive conditions, in which case, ABC includes the City's condition on the applicant's license. The current table reflects that 80 percent of existing restaurants with a Type 41 alcohol license (12 total) do not have any city- imposed restrictions on the hours of alcohol sales. In addition, there are also three bars (public premise) within a one -mile radius of the proposed project. The request to extend the hours of alcohol sales will not provide an additional service within the area. • The proposed extension of the hours of alcohol sales, service and consumption will, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The sales, service and consumption of alcoholic beverages beyond midnight may attract patrons other than those found as part of a typical sit - down family restaurant. This may be detrimental to the safety and general welfare of both the restaurant patrons and the community at large, as the Police Department has found a strong correlation between the availability of alcohol and additional crime impacts to the community. The restaurant is located within an area that is considered a special enforcement district for prostitution. Since January of 2011 the two reporting districts nearest to the subject location (Reporting Districts 46 and 47) have had over 100 reported incidents of prostitution and /or vice - related crimes. In addition, the Police Department has evaluated the applicant's request to extend the hours of alcohol sales and is concerned that an expansion would create a potential for a nightclub which would require an additional CUP in the SP -2 zoning district. lki Name Restrictions Address 3701 West McFadden, Suites G -J Mariscos Zamora (subject) 7:00 a.m. -12:00 a.m. 130 North Fairview Street, Suite A Colima Mexican Restaurant No City Restriction 601 North Harbor Boulevard El Nuevo Monterey No City Restriction 914 North Harbor Boulevard, Suite F El Rey Del Marisco No City Restriction 650 South Harbor Boulevard Alfonsos Mexican Grill No City Restriction 938 South Harbor Boulevard Taqueria Guerrero No City Restriction 120 South Harbor Boulevard, Suite M Pho & Che Restaurant No City Restriction 3522 West First Street Cay Dua Restaurant 8 :00 a.m. -12:00 a.m. 3502 West First Street Favori Restaurant No City Restriction 4411 West First Street Newport Seafood Restaurant Unavailable 4504 West First Street Ngoc Duong Restaurant 9 :00 a.m. -12:00 a.m. 3610 West First Street, Suite C Pho Tau bay Restaurant No City Restriction 4702 West First Street, Suite F Hen Ho Restaurant No City Restriction 3317 West First Street Casa Oaxaca No City Restriction 3622 West Fifth Street Mariscos Ensenada No City Restriction The current table reflects that 80 percent of existing restaurants with a Type 41 alcohol license (12 total) do not have any city- imposed restrictions on the hours of alcohol sales. In addition, there are also three bars (public premise) within a one -mile radius of the proposed project. The request to extend the hours of alcohol sales will not provide an additional service within the area. • The proposed extension of the hours of alcohol sales, service and consumption will, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The sales, service and consumption of alcoholic beverages beyond midnight may attract patrons other than those found as part of a typical sit - down family restaurant. This may be detrimental to the safety and general welfare of both the restaurant patrons and the community at large, as the Police Department has found a strong correlation between the availability of alcohol and additional crime impacts to the community. The restaurant is located within an area that is considered a special enforcement district for prostitution. Since January of 2011 the two reporting districts nearest to the subject location (Reporting Districts 46 and 47) have had over 100 reported incidents of prostitution and /or vice - related crimes. In addition, the Police Department has evaluated the applicant's request to extend the hours of alcohol sales and is concerned that an expansion would create a potential for a nightclub which would require an additional CUP in the SP -2 zoning district. lki Appeal No. 2011 -01 December 12, 2011 Page 7 The requested extension of the hours of alcohol sales, service and consumption will adversely impact the economic stability or future economic development of property in the surrounding area by exacerbating the existing condition of a high number of unrestricted alcohol- serving establishments. The Police Department has found a strong correlation between the availability of alcohol and additional crime impacts to the community, which can destabilize an area and make it less attractive as a commercial location and negatively affect the economic well -being of the neighborhood. The denial of this appeal would support Policy 4.5 of the Economic Element of the General Plan which discourages making land use decisions purely on fiscal considerations, but also the qualitative implications of the action. Although the site is outside of the area requiring a separate CUP for after -hours operations, Police Condition No. 8 is specific to the regulation of the hours for sales and service of alcohol. The City has additional standard conditions of approval that are applied to all requests for alcohol sales. By affirming the Zoning Administrator's decision to not modify this condition, the project would be in compliance with similar approvals. The proposed expansion of hours of alcohol sales, service and consumption will conflict with the established goals and policies of the General Plan and the North Harbor Specific Plan. The request for extended hours for the sale of alcoholic beverages is inconsistent with Policy 2.5 of the General Plan, which seeks to balance economic benefits of commercial development with any potential impacts to the community's quality of life. Further, the North Harbor Specific Plan (SP -2) contains goals and objectives that seek to support the adjacent residential neighborhoods. Examples of these objectives include the provision of full service, sit -down, family -style restaurants. The extension of hours for alcohol sales does not serve to strengthen the family -style orientation of the restaurant that is the subject of this application. The Harbor Specific Plan also establishes the goal of providing assertive policing and community service programs to alleviate crime and social problems along the corridor. Upholding the Zoning Administrator's denial of the modification to the condition restricting the hours of alcohol sales would support the goal of alleviating crime and social problems. Police Department Analysis The Police Department evaluated the applicant's request and also concluded that an extension of hours related to the sale of alcohol would create a potential for a nightclub and other uses not covered under the Type 41 ABC license category. Further, the prevalence of prostitution activity in this area and the presence of a large number of unrestricted alcohol serving establishments makes it an unsuitable location for the extension of alcohol sales hours. Mi LAW, Appeal No. 2011 -01 December 12, 2011 Page 8 Public Notification The project site is located within the Santa Anita neighborhood and near the boundaries of the Riverview West neighborhood. The presidents of these Neighborhood Associations were notified by mail 10 days prior to this public hearing. In addition, the District representative from the City's Neighborhood Improvement Division contacted the presidents to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the Neighborhood Association presidents, nor was there a request that the applicant present the project to a meeting of their members. However, members of the public did submit written protests and appeared at one or more of the public hearings that considered the original request. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2011 -32 will be filed for this project. Conclusion Based on the analysis provided within this report, the Zoning Administrator's denial of the extension of the hours of alcohol sales is recommended to be upheld by the Planning Commission, thereby denying the applicant's appeal. Verny Cary al Senior Planner VC:jm vclreporlslappeaN 1.01 mod cup11.09 Mariscos Zamora ABC. 121211.pc Attachments: Exhibit 1 —Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Floor Plan Exhibit 4 — Site Plan ikiiLINK Vince Fregoso, A P Principal Planner -y r- IiA_t_vrj�' `� a 1 SD ii i 1 C1 R2 II �l O ra ' 1rr,w Al_ Rl MI 112 I�H' jl -•.. I� R2•PAD ' .-.-'1 ! R,h a !I_i% 1171 PAO ur--, Il Jt - x n.v 1 SP_ J I fu Al R1 1� -- _- - -J�i= - -- -+� =•1 . ! 2 r R2 R2 = 1 Ft2 A2 A2 at R2 RE-PRD J \C___ WAD _ � 1� JI I JR• � / !1 '1 1f - - - -- Al SP -2 T CZ11 1 no -- C2 1R a. sva SP4 SP-2 sv -2 sA2 �ICd SP -2 ! �. w�Mr Sp -Z ! !Ih CS C2= C2 1 .`� JL ! 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R3 MUUIPLE- FAMRYRESIDENCE CI COMMUNRYCOMAIERCEAL M2 HEAVYINDUSERIAL R4 SUBURSANAPARTMUM CI•MD ODWCOMMEACLU.- MUSEUMDISTWCT MD MWARYOPFRATIONS RE REMIENIIALESTATE C2 GENERALCOMMERGAL O OPENSPACE SD SPECIF)COEYELOPMENT C3 CENIRAL8US:NF55 P PROFESSIONAL SP SPECIFICPIAN C3•A C0fFRA1LK&NESS-ARTISrV1ILAGE PCO FLhNNEDCOMWWTYDEVELOPMENT C4 KANNEDSNOFPINGCENTER PAD KM79D RESIDENTIAL WAIOPMENT CS ARTERIAL COMMERCIAL CUP 11 -09 JOSEFAT ZAMORA e' 3701 WEST MC FADDEN AVENUE, SUITE G J — — =SOOFEET 1' =1000 FEET P L A N N I N G A N D 8 U I L D I N G A G f N C Y EXHIBIT 1 31 A -11 CUP 11 -09 {� r, JOSEFAT ZAMORA 3741 (NEST MC FADDEN AVENUE, SUITE G -J P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 2 31 A -12 COMM E R C I RE 51 ENT1 L qL2 ALLEY u O 13 u Q J < % :�• O a m a :.� I N D U 5 7 R i A L J �f „ts•� O N O O O MC FADDEN AVENUE CDhIMERC1Al C 0 M M E R C I A L CUP 11 -09 {� r, JOSEFAT ZAMORA 3741 (NEST MC FADDEN AVENUE, SUITE G -J P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 2 31 A -12 .0-5v co 16 gR co w co re -mw.: mss. — ��•� -��. —� co 10 s CL sit all ..,: 1 NOR R Al ��1 �� i Ga 6dGfd?f 1199 S111M4 W' 1Lb YJY:1VYlNiST0.W11�1�OSl�'61�� EXHIBIT 4 .. •:vaOwvz sOMM. l —NVMV183*d IS sz JIM Rif b q8 i fa N N M t Q S ! � o� a a r x N ¢ Y � r- 1199 S111M4 W' 1Lb YJY:1VYlNiST0.W11�1�OSl�'61�� EXHIBIT 4 .. •:vaOwvz sOMM. l —NVMV183*d IS sz JIM Rif y'y �n q8 i fa N N M 6 S y'y �n ROH — 12/12/11 RESOLUTION NO. 2011 -18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA MODIFYING CONDITIONAL USE PERMIT NO. 2011 -09 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 3701 WEST MCFADDEN AVENUE, SUITES G -J (APPROVAL OF APPEAL NO. 2011- 01) BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of modification of Conditional Use Permit No. 2011 -09 for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine at the restaurant located at 3701 West McFadden Avenue, Suites G -J. B. Conditional Use Permit No. 2011 -09 came before the Zoning Administrator of the City of Santa Ana on April 27, 2011, for a duly noticed public hearing. On April 27, 2011, the Zoning Administrator of the City of Santa Ana continued the public hearing to May 18, 2011. On May 18, 2011, the Zoning Administrator approved Conditional Use Permit No. 2011 -09. C. Conditional Use Permit No. 2011 -09 again came before the Zoning Administrator of the City of Santa Ana on October 26, 2011, for a duly noticed public hearing. On October 26, 2011, the Zoning Administrator of the City of Santa Ana continued the public hearing to November 2, 2011. On November 2, 2011, the Zoning Administrator approved modification of the condition pertaining to live entertainment, but denied the request for a modification to extend the hours of alcohol sales until 2:00 a.m. D. The applicant is requesting approval of an appeal application to modify Conditional Use Permit No. 2011 -09 and allow extended hours of alcohol sales until 2:00 a.m. for the Mariscos Zamora Restaurant located at 3701 West McFadden Avenue, Suites G -J. E. On December 12, 2011, the Planning Commission held a duly noticed public hearing on Appeal No. 2011 -01 (Conditional Use Permit No. 2011- 09). 31 A -15 Resolution No. 2011 -18 Page 1 of 3 F. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption. G. Santa Ana Municipal Code Sections 41 -649 and 41 -638 authorize the Planning Commission to modify a conditional use permit upon making certain findings: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed use provides a service or facility which will contribute to the general well being of the neighborhood or community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? The proposed use, under the circumstances of the particular case and with conditions of approval, would not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will be beneficial to the present economic stability or future economic development of properties surrounding the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed use complies with the regulations and conditions specified in Chapter 41 for such use. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan or any specific plan of the City. H. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. Categorical Exemption Environmental Review No. 2011 -32 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana hereby approves Appeal No. 2011 -01, thus approving modifications to Conditional Use Permit No. 2011 -09 as conditioned by the Zoning Administrator in Exhibit "A" attached hereto 31 A -16 Resolution No. 2011 -18 Page 2 of 3 and incorporated herein, as well as overturning the Zoning Administrator's decision to deny the request to sell alcohol until 2:00 a.m., thus amending Police Condition number 8 to allow sales of alcohol until 2:00 a.m.. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 12, 2011, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 12th day of December, 2011 by the following vote: AYES: Commissioners: Alderete, Gartner, Mill, Nalle, Turner (5) NOES: Commissioners ABSENT: Commissioners ABSTENTIONS: Commissioners Acosta, Yrarrazaval (2) None (0) None (0) Eric Alderete Chairman APPROVED AS TO FORM: Joseph A. Straka, Interim City Attorney By.-- Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2011 -18 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 12, 2011. Date: Secretary of the Planning Commission City of Santa Ana 31 A -17 Resolution No. 2011 -18 Page 3 of 3 Modified Conditions for Conditional Use Permit No. 2011 -09 Conditional Use Permit No. 2011 -09 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. Conditional Use No. 97 -15 and associated findings and conditions shall become null and void should Conditional Use Permit No. 2011 -09 be approved. 2. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2010 -3. 3. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 4. The restaurant must be maintained as a bona fide eating establishment. An eating establishment as defined by the Alcoholic Beverage Control Board and the Planning Commission must include the following items: a. One conventional range /oven b. An automatic dishwasher C. A double sink d. A 25 cubic foot refrigerator e. A four -foot by six -foot food preparation area 5. The alcoholic beverage storage and display area may not exceed five percent of the restaurant's gross floor area. 6. Submit a planned sign program for review and approval to include regulation of temporary signs, window signs, freestanding and wall signs as permitted by Chapter 41 -860. Exhibit A Page 1 of 4 ikii_[_d_E:� 7. There shall be no gaming devices, such as pool tables, pinball machines, motion picture booths, etc. 8. There shall be no conduct or entertainment allowed on the premises as prohibited by Chapter 12 of the Santa Ana Municipal Code (SAMC). 9. The trash enclosure area must be cleaned and be kept in clean condition at all times. 10. There shall be no parking on designated Fire Department fire lanes or any other prohibited areas. 11. There shall be no outdoor sales or consumption of alcohol. B. Police Department 1. The existing restaurant and the entire parking lot of the restaurant must conform with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, condition 1 must be complied with. 3. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 4. The cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 5. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 6. Window displays and racks must be kept to a maximum height of three feet including merchandise. 7. Install a silent armed robbery alarm. 8. Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 42:00 a.m. (Request for modification by the Planning Commission on December 12, 2011) Exhibit A Page 2 of 4 31 A -19 9. There shall be no live entertainment, amplified music, 6 #011ing m„s-inians- or dancing permitted on the premises at any time. A juke box is allowed as background ambient noise so long as the noise level is not audible beyond twenty (20) feet of the business. In addition, non - amplified acoustic music such as strolling musicians and karaoke are permitted provided that the noise level is not audible beyond twenty (20) feet of the business. (Request for modification by the Zoning Administrator on November 2, 2011) 10. The subject alcoholic beverage license shall not be exchanged for a public premises type of license nor operate as a public premises. 11. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 12. There shall be no coin - operated games or pool table maintained on the premises at any time. 13. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. These records are to be kept no less frequently than on a quarterly basis and shall be made available to the City, if requested. 14. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 15. The sale of beer and /or wine for consumption off the premises is prohibited. 16. All pay telephones shall be located on the interior of the premises. All interior pay telephones must be designed to allow outgoing calls only. 17. The petitioner(s) shall be responsible for maintaining the premises free of litter, including the area adjacent to the premises over which he has control. 18. There shall be no fixed bar or counter at which the service and consumption of alcoholic beverages is allowed. 19. The service of alcoholic beverages shall be by waiter /waitress service only. 20. At all times when the premises are open for business, the sale and service of alcoholic beverages shall be made only in conjunction with the sale and service of food. Exhibit A Page 3 of 4 21. The premises shall be maintained as a bona fide eating establishment and shall provide a menu containing an assortment of foods normally offered in such restaurants. 22. Conditional Use Permit No. 2011 -09 shall be reviewed at six months by the Zoning Administrator and at 90 days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 23. Ancillary music shall not be audible beyond the area under the control of the licensee. 24. Neither the licensee, nor any person or entity operating the premises with the permission of the licensee, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 25. The premises shall not be operated as an adult entertainment business as such term defined in SAMC Section 41- 1701.6. 26. Alcoholic beverages may not be sold through self - service displays or coolers, which are the open display of alcoholic beverages accessible to the public without the assistance of a clerk. 27. This land use authorization is only for a Type 41 on -sale beer and wine, public eating place. Any other license use at this location will require a new land use clearance. 28. A timed - access cash controller or drop safe must be installed. Exhibit A Page 4 of 4 31A-21 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd Floor, Santa Ana, California 92702. I served the foregoing document described as: Resolution No. 2011 -18 Conditional Use Permit No. 2011 -09 ) (ARPeal No. 2011 -0 in this action by placing a true copy thereot enclosed in sealed envelopes addressed as follows: Josafat Zamora Joshua Bereny, Esq. 3701 West McFadden Avenue McFadden Harbor Plaza, LLC Santa Ana, CA 92704 15760 Ventura Blvd., 16th Floor Encino, CA 91436 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ 31A-22