AMADOR COUNTY BOARD OF SUPERVISORS COUNTY ...

AMADOR COUNTY BOARD OF SUPERVISORS COUNTY ADMINISTRATION CENTER BOARD OF SUPERVISORS CHAMBERS 810 Court Street Jackson, CA 95642 Please Note: All Board of Supervisors meetings are tape-recorded.

Anyone who wishes to address the Board must speak from the podium and should print their name on the Board Meeting Speaker list, which is located on the podium. The Clerk will collect the list at the end of the meeting. Public hearing items will commence no sooner than the times listed on the agenda. Closed Session agenda items may be heard before or after scheduled public hearings, dependent upon progression of the agenda.

REGULAR MEETING AGENDA

DATE: TIME: LOCATION:

Tuesday, January 23, 2018 9:00 AM COUNTY ADMINISTRATION CENTER BOARD OF SUPERVISORS CHAMBERS 810 Court Street Jackson, CA 95642

CLOSED SESSION **8:30 A.M.** may be called for labor negotiations (pursuant to Government Code §54957.6), personnel matters (pursuant to Government Code §54957), real estate negotiations/acquisitions (pursuant to Government Code §54956.8), and/or pending or potential litigation (pursuant to Government Code §54956.9). 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS: County Negotiators: Charles T. Iley, County Administrative Officer; Jon Hopkins, General Services Director 1.a. County Negotiators: Brian Oneto, Lynn Morgan, Jon Hopkins & Chuck Iley Property: APN: 044-540-010 Negotiating Parties: Mark Cunningham Under Negotiation: Terms & Conditions Suggested Action: Discussion and possible action 2. CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to Government Code Section 54957.6. 2.a. Conference with Labor Negotiators: Pursuant to Government Code Section 54957.6: County Negotiators: Greg Gillott, County Counsel, Chuck Iley, County Administrative Officer, Judy Dias, Human Resources Director and Darrell P. Murray, IEDA. Employee Organization:; All Units Suggested Action: Discussion and possible action

(AGENDA)

(January 23, 2018)

3. CONFERENCE WITH COUNTY COUNSEL: EXISTING LITIGATION - {Government Code 54956.9(d) 3.a. County of Amador v. The United States Department of the Interior; In the United States Court of Appeal, Ninth Circuit, Case No. 15-17253 Suggested Action: Discussion and possible action relative to the existing litigation (Government Code 54956.9(d)(1)) 3.b. County of Amador v. Department of the Interior, et al: In the United States Court of Appeal, District of Columbia Circuit, Case No. 16-5082 Suggested Action: Discussion and possible action relative to the existing litigation. {Government Code 54956.9 (d)(1)} 4. CONFERENCE WITH COUNTY COUNSEL: ANTICIPATED LITIGATION - {Government Code 54956.9(d) (2)} 4.a. Buena Vista Rancheria Suggested Action: Discussion and possible action relative to the anticipated litigation (Government Code 54956.9(d)(2) 5.

CONFIDENTIAL MINUTES: 5.a. Confidential Minutes Suggested Action: Review and possible approval of the January 23, 2018 Confidential Minutes

REGULAR SESSION **9:00 A.M.** PLEDGE OF ALLEGIANCE: PUBLIC MATTERS NOT ON THE AGENDA: Discussion items only, no action to be taken. Any person may address the Board at this time upon any subject within the jurisdiction of the Amador County Board of Supervisors; however, any matter that requires action may be referred to staff and/or Committee for a report and recommendation for possible action at a subsequent Board meeting. Please note - there is a three (3) minute limit per person. APPROVAL OF AGENDA: Approval of agenda for this date; any and all off-agenda items must be approved by the Board (pursuant to §54954.2 of the Government Code.) APPROVAL OF ITEMS ON THE CONSENT AGENDA: Items listed on the consent agenda (#8) are considered routine and may be enacted by one motion. Any item may be removed for discussion and possible action, and made a part of the regular agenda at the request of a Board member(s). 6.

REGULAR AGENDA: 6.a. General Services Administration: Discussion and possible action related to responses to the Grand Jury Report for FY 16/17 Suggested Action: Discussion and Possible action to 1) Adopt changes made to Purchasing Policy 5-100 as submitted and; 2) Accept the Director of Health and Human Services memo as a response to R3 and; 3) Authorize the General Services Director to notify departments of the change in policy and to provide training and; 4) Authorize County Counsel to begin the

(AGENDA)

(January 23, 2018)

process to amend Municipal Code Title 3 Revenue and Finance Chapter 3.08 to aligning it with Purchasing Policy 5-100 reflecting current changes and changes made in 2014. DRAFT Multiple Year Agreements Contracts Draft Purchasing Policy 5-100 Foley Memo quantifiable measurements Policy Memo for Grand Jury Response 6.b. General Services Administration: Discussion and possible action to update the Nexus Study for the Jail Suggested Action: Based upon Board feedback; 1) Adopt the Updated Nexus Study by Goodwin Consulting Group and; 2) Approve the resolution to adjust the CFF in accordance with the updated Nexus Study dated January 4, 2018 using a 1.5% cost of escalation, effective January 23, 2018, with adjustments for inflation annually thereafter by the change in the CCI, as reported in the Engineering News Record for the twelve-month period ending October of the prior year. Resolution for the updated Nexus Study 1.4.18.pdf 2016-2017 CFF Updated Study BOS Summary Memo 11.29.17.pdf Amador Sheriff Jail Facilities Fee Updated Nexus Study 1.4.18.pdf Attachment A Fee Comparisons 1.4.18.pdf Attachment B Budget Estimates 1.4.18.pdf Future 20 Bed Expansion Conceptual Drawing 1.4.18.pdf 6.c. General Services Administration: Discussion and possible action regarding the differences between an Airport Land Use Plan (ALUP) Hazardous Wildlife Attractants on or Near Airports and the Airport Wildlife Hazard Assessment Suggested Action: Discussion and possible action Memo WHA vs ALUCP 1.16.18. Advisory Circular 50 5200 36a 1.16.18.pdf Memo WHA vs ALUCP 1.16.18. Advisory Circular 150 5200 33b 1.16.18.pdf Memo WHA vs ALUCP 1.16.18.pdf 6.d. Minutes: Review and possible approval of the January 9, 2018 Board of Supervisors Meeting Minutes Suggested Action: Approval 7.

PUBLIC HEARING: **10:30 A.M.** 7.a. General Services Administration: Capital Facility Fee Annual Disclosure Review and Annual Adjustment Suggested Action: Based upon Board feedback; (1) Approve the resolution to accept the 2016/17 Annual Disclosure and Review increasing the CFF by the 3.7% CCI for the County Administration Center portion only and; (2) adjust the CFF in accordance with the updated Nexus Study dated January 4, 2018 for the Jail portion only, effective January 23, 2018, with adjustments for inflation annually thereafter by the change in CCI, as reported in the Engineering News Record for the twelve-month period ending October of the prior year. CFF Report FY16-17.pdf 2016-2017 CFF BOS Annual Disclosure Review Summary Memo 11.30.17.pdf Attachment A Table 1 2 3 FY 16-17.pdf Attachment B_20 City CCI_10.2017.pdf CFF BOS Resol 17-XX 1.10.17.pdf

(AGENDA)

(January 23, 2018)

7.b. Proposed Building Department Fee Schedule Revision Suggested Action: Discussion and possible action relative to a Public Hearing to consider revisions to the Building Department Fee Schedule. BldgDeptStaffReport_Fees_01.23.18.pdf BldgStaffReportAttachments_01.23.18.pdf 7.c. Ordinance Revising Amador County Code Chapter 7.42 - Environmental Health Department Fees Suggested Action: Continue public hearing from January 9, 2018, for comment and direct staff based on the outcome of the hearing. Draft FeeOrd17b.doc staff memo.pdf 8. CONSENT AGENDA: Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion and possible action, and made a part of the regular agenda at the request of a Board member(s). 8.a. Assessor Secured Roll Correction Request for approval of roll correction value being decreased over $150,000. Suggested Action: Approve Roll Corrections.pdf 8.b. Building Department: Agreement to Limit Use of Agricultural Structure for Byron S. Main & Vicki R. Main. AG01054 Suggested Action: Adopt the resolution and authorize the Chairman to sign the "Agreement to Limit Uses of Agricultural Structure". Agreement.Notarized-Main.pdf Resolution-Main.docx 8.c. Public Health: Emergency Preparedness Grant Amendment 14-10492 05. The purpose of this grant amendment for FY 2014 through 2018 is to shift emergency preparedness grant funds between categories to better compensate the contractor for actual services performed, outlined in the scope of work. There is no change in the total funding amount, it remains at $923,271.00. Suggested Action: Approve Amendment Amador 14-10492 Amendment A05.pdf CCC DGS.doc 8.d. Behavioral Health Advisory Board: Re-appointment of Dr. Arnold Zeiderman to a three year term to expire January 31, 2021. Suggested Action: Approve re-appointment 8.e. Commission on Aging: Re-appointment of Susan Tomasich for a term of three years to expire February 28, 2021 Suggested Action: Approve Re-appointment 8.f.

(AGENDA)

Juvenile Justice Commission: Resignation of Gail Sweet Suggested Action: Accept resignation

(January 23, 2018)

8.g. General Services Administration: Consideration to utilize CA 911 funds to upgrade the current 911 telephone system at the Sheriff's Office Suggested Action: 1) Approve the Scope of Work for four VESTA 9-1-1 positions utilizing State Contract 4156-6 and; 2) Authorize the Sheriff to sign the Scope of Work on the County's behalf and; 3) Authorize the Purchasing Agent to sign a Purchase Order allowing State Emergency Telephone Number Account funds to be expended on the County's behalf. 911 MEMO 911 Sample P.O. & S.O.W 911 IFB 8.h. General Services Administration: RFP 17-28 Contract Services for Outreach and Engagement for Behavioral Health Department Suggested Action: 1) Award RFP 17-28 to Nexus Youth & Family Services for Proposal ABuilding Blocks of Resiliency Program in an amount not to exceed $40,000.00, and Proposal B- Community Outreach & Engagement in an amount not to exceed $140,000.00, and Proposal C- Promotores de Salud Program in an amount not to exceed $34,000, and Proposal D- Youth Empowerment Program/Project SUCCESS in an amount not to exceed $46,000.00, and for Proposal E- Substance Abuse Prevention Program in an amount not to exceed $84,276.00, and 2) Authorize the Health and Human Services Director, and County Counsel to negotiate final terms and conditions and develop a contract based upon the Sample Agreement with Nexus Youth & Family Services. RFP receipt log RFP 17-28 Memo to Board regarding recommendations RFP 17-28 Outreach and Engagement RFP 17-28 Sample Services Agreement RFP 17-28 WEIGHTED a-PCIT 8.i.

General Services Administration: Invitation to Bid 17-37 for the purchase of various herbicide chemicals for use by the Agricultural/Public Works departments Suggested Action: Award ITB 17-37 for the purchase of various herbicide chemicals for use by the Agricultural/Public Works Department to Agri-Turf Distributing in an amount not to exceed $29,374.85. ITB 17-37 bid recpt_001 ITB 17-37 Ag Chemicals Memo

8.j.

Public Health: Increase in the Medicinal Marijuana Card (MMIC) Fee Schedule for Amador County Residents from $60 for non-Medi-Cal applicants and $30 for Medi-Cal recipients to $100 for non-Medi-Cal applicants and $50 for Medi-Cal recipients which is the fee allowed by the State. Suggested Action: Approve increase in the fee schedule for the issuance of Medicinal Marijuana Identification (MMIC) cards BOS memo for change in MMIC fee charges.doc

8.k. Public Works: New York Ranch Road / Ridge Road Intersection Improvement Project Final Agreement and Release of Claims with Vinciguerra Construction Suggested Action: 1. Authorize the Chair to sign Agreement and Release of Claims 5515-5535_BOS_Final Release.pdf NYRR Agreement and Release of Claims_Corresp.pdf NYRR Project_Final Payment Request.pdf (AGENDA)

(January 23, 2018)

8.l.

Heat Illness Prevention Program Suggested Action: Approve the Heat Illness Prevention Program. California Code of Regulations, Title 8,section 3395 Heat Illness Prevention_.pdf Heat Illness Prevention Program -Revision final 01082018.pdf Memo for BOS meeting 01232018.pdf

ADJOURNMENT: Until Tuesday, February 13, 2018, at 8:30 a.m.

In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in this meeting, please contact the Clerk of the Board staff, at (209) 223-6470 or (209) 257-0619 (fax). Requests must be made as early as possible and at least one-full business day before the start of the meeting. Assisted hearing devices are available in the Board Chambers for public use during all public meetings. Pursuant to Government Code 54957.5, all materials relating to an agenda item for an open session of a regular meeting of the Board of Supervisors which are provided to a majority or all of the members of the Board by Board members, staff or the public within 72 hours of but prior to the meeting will be available for public inspection, at and after the time of such distribution, in the office of the Clerk of the Board of Supervisors, 810 Court Street, Jackson, California 95642, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., except for County holidays. Materials distributed to a majority or all of the members of the Board at the meeting will be available for public inspection at the public meeting if prepared by the members of the Board or County staff and after the public meeting if prepared by some other person. Availability of materials related to agenda items for public inspection does not include materials that are exempt from public disclosure under Government Code sections 6253.5, 6254, 6254.3, 6254.7, 6254.15, 6254.16, or 6254.22.

(AGENDA)

(January 23, 2018)

Board of Supervisors Agenda Item Report Submitting Department: General Services Administration Meeting Date: January 23, 2018 SUBJECT County Negotiators: Brian Oneto, Lynn Morgan, Jon Hopkins & Chuck Iley Property: APN: 044-540-010 Negotiating Parties: Mark Cunningham Under Negotiation: Terms & Conditions Recommendation: Discussion and possible action 4/5 vote required: No Distribution Instructions: Chuck Iley, CAO ATTACHMENTS 

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Board of Supervisors Agenda Item Report Submitting Department: Board of Supervisors Meeting Date: January 23, 2018 SUBJECT Conference with Labor Negotiators: Pursuant to Government Code Section 54957.6: County Negotiators: Greg Gillott, County Counsel, Chuck Iley, County Administrative Officer, Judy Dias, Human Resources Director and Darrell P. Murray, IEDA. Employee Organization:; All Units Recommendation: Discussion and possible action 4/5 vote required: No Distribution Instructions: None ATTACHMENTS 

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Board of Supervisors Agenda Item Report Submitting Department: County Counsel Meeting Date: January 23, 2018 SUBJECT County of Amador v. The United States Department of the Interior; In the United States Court of Appeal, Ninth Circuit, Case No. 15-17253 Recommendation: Discussion and possible action relative to the existing litigation (Government Code 54956.9(d)(1)) 4/5 vote required: No Distribution Instructions: BOS ATTACHMENTS 

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Board of Supervisors Agenda Item Report Submitting Department: County Counsel Meeting Date: January 23, 2018 SUBJECT County of Amador v. Department of the Interior, et al: In the United States Court of Appeal, District of Columbia Circuit, Case No. 16-5082 Recommendation: Discussion and possible action relative to the existing litigation. {Government Code 54956.9 (d)(1)} 4/5 vote required: No Distribution Instructions: BOS ATTACHMENTS 

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Board of Supervisors Agenda Item Report Submitting Department: County Counsel Meeting Date: January 23, 2018 SUBJECT Buena Vista Rancheria Recommendation: Discussion and possible action relative to the anticipated litigation (Government Code 54956.9(d)(2) 4/5 vote required: No Distribution Instructions: BOS ATTACHMENTS 

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Board of Supervisors Agenda Item Report Submitting Department: Board of Supervisors Meeting Date: January 23, 2018 SUBJECT Confidential Minutes Recommendation: Review and possible approval of the January 23, 2018 Confidential Minutes 4/5 vote required: No Distribution Instructions: None ATTACHMENTS 

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Board of Supervisors Agenda Item Report Submitting Department: General Services Administration Meeting Date: January 23, 2018 SUBJECT General Services Administration: Discussion and possible action related to responses to the Grand Jury Report for FY 16/17 Recommendation: Discussion and Possible action to 1) Adopt changes made to Purchasing Policy 5-100 as submitted and; 2) Accept the Director of Health and Human Services memo as a response to R3 and; 3) Authorize the General Services Director to notify departments of the change in policy and to provide training and; 4) Authorize County Counsel to begin the process to amend Municipal Code Title 3 Revenue and Finance Chapter 3.08 to aligning it with Purchasing Policy 5-100 reflecting current changes and changes made in 2014. 4/5 vote required: Yes Distribution Instructions: Chuck Iley, CAO ATTACHMENTS  DRAFT Multiple Year Agreements Contracts  Draft Purchasing Policy 5-100  Foley Memo quantifiable measurements  Policy Memo for Grand Jury Response

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GENERAL SERVICES ADMINISTRATION MAIL: 12200-B Airport Road, Jackson, CA 95642 LOCATION: 12200-B Airport Road, Martell, CA PHONE: (209) 223-6759 FAX: (209) 223-0749 E-MAIL: [email protected]

MEMORANDUM

To:

All Department Heads, Elected Officials, Mid Management Personnel

From:

Jon Hopkins, GSA Director

Date:

January 12, 2018

Subject:

Multiple Year Agreements/Contracts & 3-year contract review process.

As a result of the Grand Jury’s report for FY 16/17 the Board of Supervisors has amended Purchasing Policy (5-100) for all multiple year agreements/contracts to include a 3-year contract review process. This memo is a reminder that agreements/contracts should normally not exceed the fiscal year unless sufficient justification has been providing to either the Purchasing Agent and/or Board of Supervisors and appropriate funding has been encumbered. Additionally, no agreement/contract for goods or services shall extend, either by original agreement/contract or by renewals or amendments, for more than a total period of thirty-six (36) months unless competitive bids have been sought or a Request for Proposal (RFP) has been processed. (New) In the third year, and prior to any agreement/contract extension, the Department shall review its needs for contract services including mandatory requirements, funding, type of contract, and their specific needs. Third year reviews shall be approved by the Purchasing Agent if less than $25,000.00, or the Board of Supervisors if over $25,000.00. Should you have any questions please contact me.

cc:

Chuck lley, County Administrative Officer Danielle Whitaker, Fiscal Officer Beverly Folena, Purchasing Assistant file

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PURPOSE The County of Amador is committed to centralized control, when cost effective, over the expenditures of County funds for supplies, materials, equipment and contractual services. Achieving this goal, requires the cooperation of many individuals, the department requiring the commodity, the individual preparing the purchase requisition form, the individual authorizing the expenditure, the people that make the purchase, and the individual that pays for the commodity. The following are the goals of the Purchasing Department:    

SCOPE

provide the right materials and/or services to the departments provide the right quantity at the right time to the right place provide the right source (a responsive and reasonable supplier) provide the best price/value without affecting quality

This policy is applicable to all employees, without exception. POLICY

The purchasing requirements for Amador County have been established by ordinance in the Amador County Municipal Code by the Board of Supervisors, and by the State of California through the State Government Code. The Purchasing Department is physically located at 12200-B Airport Road, Martell, CA 95642-9527. RESPONSIBILITY FOR ADMINISTERING PURCHASING

The Amador County Board of Supervisors, 810 Court Street, Jackson, CA 95642, has the ultimate authority and responsibility for this department. The Board, by appointment, authorizes the Purchasing Agent to perform all those functions described by federal, state and local laws to purchase and/or sell all goods and services for the County. The Director of the General Services Administration is the Purchasing Agent for Amador County. Any questions regarding purchasing and/or selling should be directed to the Amador County General Services Administration, Purchasing Division.

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PURCHASING DOLLAR LIMITS Any purchase less than $500.00 may be acquired by any County Department with the Department Head’s authority without obtaining three (3) quotes or completing a requisition.

Listed below are the dollar limitations for each category. These are used to determine the need to use the informal or formal bid process to obtain competitive prices. Vehicles, services, etc.

Requisition Dollar Amount

furniture, Under $25,000.00

Construction/Structures, repairs, remodeling, etc. Construction/bridges, roads, etc. INFORMAL BIDS

Category & Price Requirements

Over $25,000.00 Under $6,500.00

Must obtain three (3) informal competitive prices. Must advertise for formal bids. Must obtain three (3) prices.

Over $25,000.00

Must advertise for formal bids.

Over $6,500.00 Under $25,000.00

Must advertise for formal bids. Must obtain three (3) prices.

As a general rule, most items valued at less than $25,000.00 can be procured through an informal bid. Informal bids require the Purchasing Division, or a delegated department to obtain at least three (3) price quotes. Two (2) methods are used to secure these quotes, quotation forms are sent via Email to prospective vendors, or quotes are requested via telephone. FORMAL BIDS

As a general rule, most items valued at $25,000.00 or greater are required to be advertised in an adjudicated County newspaper of general circulation and authorized for legal publications. All formal bids shall be compiled and solicited by the Purchasing Division.

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REQUEST FOR PROPOSALS As a general rule, a Request for Proposal is required when the item or service being requested exceeds $25,000 in value.

All Requests for Proposals shall be compiled by the Purchasing Division and shall be based on information provided by the requesting department.

The Purchasing Agent shall form an RFP/RFQ evaluation committee, made up of at least two (2) individuals having sufficient knowledge in the area of the goods, services, or construction procured. Evaluators may include individuals from an outside department/agency, including the Purchasing Division, if required to avoid conflict of interests. The evaluation committee may negotiate an agreement for goods or services with the top ranked respondent for contracts/agreements less than $25,000.00 when approved by the Purchasing Agent. Agreements shall be forwarded to County Counsel for approval as to form. Board approval is required for any contract over $25,000.00 OBTAINING QUOTES AND ESTIMATES

Estimates are how much the seller thinks the goods or services may cost; Quotes are an offer to provide goods or services for an exact price. Under the direction of the Purchasing Agent departments are to acquire three (3) quotes for goods and services. Requisitions must be completed in full providing a sum for all costs including freight, fees, taxes and all charges to arrive at a total price. All requisitions are to be submitted to General Services for approval and issuance of a Purchase Order. Splitting of purchases or contracts in order to avoid the competitive bidding requirements prescribed by law, regulation or policy is prohibited.

Departments must identify their “buyers” who are strictly prohibited from accepting any gift or anything of value and shall strictly comply with the “Prohibited Actions” of this policy and all Federal, State, and local laws. Buyers shall attend annual training provided by the Purchasing Agent. TRAINING

Contract Administrators and Buyers shall attend annual training and/or refresher training provided by the Purchasing Agent. Training shall include a review of the Rules of Conduct and Information and Conflict of Interest information provided to individuals who serve as procurement evaluators.

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EXCEPTIONS RELATED TO AGREEMENTS/CONTRACTS 1. Competitive bids or Requests for Proposals (RFP’s) or qualifications (RFQ’s) should be secured for all agreements/contracts except those types which are exempt as described herein. 2. The competitive bids or proposals may be waived in any of the following cases:

A. In an emergency when goods or services are immediately necessary for the preservation of the public health, welfare or safety, or for the protection of County property. B. When the agreement/contract is with a state, federal or local government entity.

C. When the Purchasing Agent presents findings to the Board of Supervisors and requests an exemption when the Purchasing Agent is able to illustrate that the cost of preparing and administering a competitive bidding process in a particular case is not warranted. In making this determination, County staff time, as well as other costs, need to be considered. This exemption requires Board approval. D. When an agreement/contract provides only for payment of per diem and travel expenses and there is no payment for services rendered.

E. When obtaining the services of expert witnesses for litigation or special counsel to assist the County.

F. When the Board of Supervisors or the Purchasing Agent within his/her contract authority determines that there is but a single source from which the goods or services may be acquired. G. When in unusual or extraordinary circumstances, the Board of Supervisors determines that the best interests of the County would be served by not securing competitive bids or issuing a request for proposal.

SOLE SOURCE JUSTIFICATION

Both State Code and County Code require the Purchasing Agent to utilize competitive procurement practices unless only one source exists or is known. To justify a non-competitive purchase, the material or services required must be available from only one source. Brand names or personal

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preference are not justification for sole source. Historical use is not a basis for source sole. Examples of authorized sole source justifications are:  Requirements which must interface with existing equipment.  Requirements which are obtainable from only one manufacturer & one vendor.  Requirements which could normally be obtained from several sources, but because of an emergency situation, must be obtained from a specified vendor.

When specifying a brand name as a requirement, the requisitioner must state in the justification why an “or equal” item will not meet the requirements. All sole source requirements must contain full justification signed by the Department Head. CONFIRMING ORDERS

The purchase order may be used for purchases of fixed assets, supplies, and services where the conditions are very simple in nature and delivery can be clearly recognized and defined for purposes of knowing when completion has occurred, and/or payment is to be made (i.e., photocopy equipment, maintenance, linen service, plumbing repairs). Normally, only the Purchasing Agent is authorized to commit County funds. Purchases of material, supplies, and services by anyone else are authorized only to meet bonafide emergencies, and should be authorized by the Department Head or designated personnel. When an emergency requirement arises, one of the following methods should be utilized:  Petty Cash Fund: Intended to meet small-dollar requirements for immediate, non-recurring purchases.

 Approval: The Purchasing Agent can approve an emergency purchase in advance by telephone or email. The primary reason for obtaining Purchasing’s approval is to ensure that the purchase is made from a competitive source, if possible. When this method is utilized, a note on the confirming requisition citing the date of the telephone call to the person approving purchase is adequate justification. If the purchasing agent is not immediately available, the requesting department may proceed with the emergency purchase, however, the requesting department must subsequently obtain within five (5) days either approval of the County Chief Administrative Officer or the Board of Supervisors.

 Emergency Purchase: Emergency purchases are authorized to meet bona fide emergency situations. If advance approval of the Purchasing Agent is not deemed feasible, the

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requisition for a “confirming” purchase order must contain a full justification of the emergency purchase, approved by the Department head or his/her Deputy. Lack of planning on the part of the requisitioner does not constitute an emergency on the part of Purchasing.

Requisitions for confirming orders which have not been approved in advance, or which do not contain justification for the emergency purchase action, will be returned. Unauthorized commitments of County funds may require return of the material to the vendor or payment to the vendor by the person placing the order. ENCUMBERING FUNDS

When a purchase order is issued, the information is sent electronically to the Auditor’s accounting system to commit (encumber) those funds from the budget specified for that purchase. The auditor’s accounting system also determines whether or not there are sufficient funds for that purchase order. It is the responsibility of the requesting department to ensure that there are sufficient funds available prior to submitting the purchase requisition.

All purchase orders six (6) months or older will be automatically canceled and will not be acceptable for use in paying for that transaction. GSA establishes the end of year cut-off 15 business days prior to the end of each fiscal year June 30. End of Fiscal Year Carry-over of Funds: Purchase orders are not meant to be used as a means to carry over unused funds from one fiscal year to another. A carryover encumbrance request must be handled through the budget process and require approval of the Board of Supervisors.

EXEMPTIONS

Some items and/or services are considered a sole source and do not require a purchase order. The following commodities and services are exempt and do not require purchase orders:      

Background checks on prospective employees. Blood alcohol analysis. Blood draws. Credit checks. Commodities or services between Amador County departments. Emergency fuel reimbursements.

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               

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Finger print services. Freight costs (U.P.S., truck, air, etc.) Legal advertising. Membership dues. Permit fees. Petty cash reimbursements less than $25.00 per expenditure or receipt. Postage. Process serving. Professional Services, if there is a current agreement or contract signed by the Board of Supervisors. Registration fees. Taxes. Transcripts of court proceedings. Travel allowance. Utilities (PG&E, water, sewer, telephones, and garbage service). Witness fees. Animal Control and Public Health prescription medications & syringes.

BLANKET PURCHASE ORDERS

Blanket purchase orders may be issued when it is known that a certain commodity and/or service is of an ongoing nature and it has been determined that the vendor meets all the criteria set forth in this policy. Blanket purchase orders must be made out to a particular vendor and must show an estimated dollar amount expected to be spent during the term of the purchase order (six (6) months or less). Various Vendors: Blanket purchase orders may not be made out to various vendors.

CONTRACTS/AGREEMENTS

In general, any expenditure of County funds requires a purchase order, a contract or an agreement unless it is specifically exempted herein this policy. Procuring services or making purchases on behalf of the County of Amador without the proper authority may result in the individual being held personally responsible for any obligation or liability created by their action. A “County Contract” is an agreement through which the County, a County Department, or a County officer/employee (a) agrees to expend or receive County funds or to establish or eliminate a County obligation, (b) in exchange for something of value, (c) which agreement is enforceable by a court.

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An Agreement which is not a contract is an agreement which does not involve the County’s and a non-County party’s commitments to exchange things of value. Examples of non-contractual agreements are agreements involving social obligations, County communications to a non-County part of the County’s mere intention to do something not requiring the non-County to gear up to respond to the County’s stated intention, and the County’s communication to a non-County part of a statement of County policy. DRAFTING AN AGREEMENT/CONTRACT

All contracts shall be prepared and guided by the following criteria and contain the following as standard language: All “Agreements” shall be referred to County Counsel for review and determination as to whether it is a contract or an “Agreement.” 1. A clear and accurate identification of the parties.

2. A statement of the intent of the parties in entering into this agreement/contract.

3. A clear and complete statement of the work, service or product to be performed, rendered or provided.

4. Amount to be paid. The agreement/contract must clearly express the maximum amount and basis upon which payment is to be made (e.g., fixed amount agreement/contract regardless of time spent, billing based upon time spent at a specified rate plus actual expenses, etc.). 5. The time for performance and completion of the agreement/contract.

6. Non-retroactive. It is mutually acknowledged that payment under this contract is accepted, approved, and fully executed by the Board of Supervisors.

7. Nature of Relationship of Parties; Indemnity. It is mutually acknowledged and understood that in the performance of duties under this contract, contractor is acting as an independent contractor, and not as an agent, employee, or partner of the County of Amador. Contractor agrees to indemnify and hold harmless the County and their respective officers and employees

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from and against any cost, liability, or expense arising out of contractor’s performance of this contract.

8. Insurance. (Refer to County Policy No. 4-400 “Insurance Requirements for Contracts and Agreements” for guidance. Because not all the contracts are the same, contact the Risk Manager for the appropriate insurance language to be used in each contract.)

9. Term of Contract: This contract shall become effective when executed by all parties, and shall continue until __________________, 20______, subject to earlier termination by any party giving not less than ten (10) days’ written notice of termination to the other parties.

10. Only Board May Amend. With respect to the County, only the Board of Supervisors, and not any individual County officer or official, may amend this contract, except for those contracts issued by the Purchasing Agent. 11. Non discrimination. Contractor agrees hereby to provide services without discrimination based on race, creed, color, ethnic, or linguistic identification, gender or sexual preference, disability or handicap or any other basis prohibited by law. 12. Compensation (Typical Methods)

A. A lump sum or fixed price for the total project.

B. Hourly rate, plus cost reimbursement, with a ceiling on the total project or agreement/contract amount. The contractor agrees to charge only for hours utilized at an agreed rate of compensation and reimbursement or costs.

C. Daily compensation, plus cost reimbursement, to work “when requested” during the term of the agreement/contract for daily rate plus cost reimbursement, with a ceiling on the total cost. This type of agreement/contract should be avoided if a given result can be contracted for. D. Net rate agreements/contracts where compensation is based on an agreed rate per unit of service rendered.

E. Progress Payments

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If it is essential that progress payments be made, they shall be made not more frequently than monthly in arrears or at clearly identifiable stages of progress, based on written progress reports submitted with the contractor’s invoices on a format required by the County.

GENERAL RULES ASSOCIATED WITH AGREEMENTS/CONTRACTS 1.

2.

3.

Submission of Agreement/Contract

Whenever an agreement/contract is required, approval shall be obtained prior to commencement of services or the purchase of any item. The submission of an agreement/contract for approval after the date performance has begun or after the date the service has been completed is prohibited. Contracts shall be routed to Risk Management, County Counsel and the Purchasing Agent for approval prior to being submitted to the Board for consideration. Contracts must be signed by both parties prior to the delivery of goods or services. Special Procedures for Federal Grants

For any grant or contract involving Federal funds, Amador County shall review the Federal Excluded Parties List System (EPLS) to ensure compliance with the Federal procurement program policies and requirements prior to entering into any agreement or contract, or purchasing equipment utilizing Federal grant funding. Prior to authorizing a requisition for equipment purchases utilizing Federal grant funds, the Federal debarment listing must be reviewed to ensure vendor(s) are not listed. The debarment listing is available online at http://www.epls.gov/epls/search.do Documentation of search must be maintained to ensure the intended vendor is not listed and for verification. County Compliance with Federal and State Requirements for Grant Projects

For any agreement or contract involving Federal funds or grants or any project subject to Federal law, the County of Amador shall, as applicable:

Comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed requirements for merit systems for programs funded under one of 19 statutes or regulations specified in Appendix A of OPM’s Standards for a Merit System Personnel Administration (5C.F.R. 900, Subpart F).

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Comply with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally assisted construction sub agreements, and the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328). Comply with the Federal Fair Labor Standards Act (29 U.S.C. §201) regarding wages and hours of employment. Refrain from using grant funds to promote or deter Union/labor organizing activities.

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 Comprehensive 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 290 ee 3), as amended, relating to the confidentiality of alcohol and drug abuse patient records; (h) Title VII 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; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made;(j) the requirements of any other nondiscrimination statute(s) which may apply to the application; and (k) (P.L. 93-348) regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. Comply or demonstrate prior compliance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91646), which provide 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.

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Comply with environmental standards that 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 floodplains 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 et seq.) ; (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176 (c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93205); and (i) Flood Disaster Protection Act of 1973 §102 (a) 9P.L. 93-234).

Comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

Comply with the Lead Based Paint and Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. Comply with the Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.) which restores and maintains the chemical, physical and biological integrity of the Nation’s waters.

Ensure that any facilities under its ownership, lease or supervision that are utilized in the accomplishment of any Federal grant project are not listed on the Environmental Protection Agency’s (EPA) list of violating facilities, and notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in such project is under consideration for listing by the EPA. Ensure that the project is in compliance with the California Environmental Quality Act (CEQA), Public Resources Code §21000 et seq. Comply with the Energy Policy and Conservation Act (P.L. 94-163, 89 Stat 871).

Comply with the provision of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 U.S.C. 3501 et seq.), which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System.

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Comply 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 the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.).

Comply with the Federal Drug-Free Workplace Act of 1988, (41 U.S.C. §701) Title 28 Code of Federal Regulations (CFR) part 67; the California Drug-Free Workplace Act of 1990, CA Gov’t Code §§8350-8357.

Comply with Title 28 C.F.R. Volume 67, Number 228, regarding Suspension and Debarment, and submit a Certification Regarding Debarment as required by Executive Order 12549 and any amendment thereto. Comply with the Laboratory Animal Welfare Act of 1966, as amended (P.L. 89-544, 7 U.S.C. §§ et seq.).

4.

Comply with The Americans with Disabilities Act of 1990, as amended (“ADA”), which (Public Law 101-336), commonly referred to as the "ADA", makes it unlawful to discriminate against individuals on the basis of disability in the employment, services, programs, or activities of the state. The ADA extends the prohibition of discrimination on the basis of disability, established by Section 504 of the Federal Rehabilitation Act of 1973, as amended, to all state and local governments and all places of public accommodation, regardless of receipt of federal financial assistance. By law, the U.S. Department of Justice's Title II regulations adopt the general prohibitions of discrimination established under Section 504 and incorporate specific prohibitions of discrimination from the ADA. Prohibited Actions

State of California Government Code Section 1090 prohibits any County employee or officer from having any financial interest in any contract made by them in their official capacity or by anybody or board of which they are members. It also prohibits County employees or officers from being "purchasers at any sale or vendors at any purchase made by them in their official capacity.” No officer or employee shall be interested directly or indirectly in any contract or transaction with the County. No officer or employee shall receive any commission, money, or thing of value, or derive any profit, benefit or advantage directly or indirectly, from or by reason of any dealings with, or service for the County, by himself/herself or otherwise, except his lawful compensation as such officer or employee. State of California Government Code Section 1126 prohibits County employees or officers

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from engaging in any activity for compensation that is "inconsistent, incompatible, in conflict with, or inimical to his or her duties as a local agency officer or employee or with the duties, functions, or responsibilities of his or her appointing power or the agency by which he or she is employed."

Any officer, board member, elected official or employee of the County accepting any noncounty employment or undertaking any activity which otherwise creates a conflict of interest between such non-county employment and the employee's duties as a county employee is prohibited. In order to avoid any actual or apparent conflict of interest, any officer, board member, elected official or employee shall avoid making award decisions that affect their personal financial interest or that of a family member. Any such financial interest in a County supplier, proposer or bidder must be disclosed to the Purchasing Division immediately who will take action to have that person abstain from any further involvement in that acquisition.

MULTIPLE YEAR AGREEMENTS/CONTRACTS

Agreements/contracts for goods or services should normally not exceed the fiscal year unless sufficient justification has been provided to either the Purchasing Agent and/or Board of Supervisors and appropriate money funding has been encumbered. Multiple year agreements/contracts must include provisions for early termination and must be contingent on available funding. Unless exempted, as provided for above, no agreement/contract for goods or services shall extend, either by original agreement/contract or by renewals or amendments, for more than a total period of thirty-six (36) months unless competitive bids have been sought or a Request for Proposal (RFP) has been processed. In the third year, and prior to any agreement/contract extension, the Department shall review its needs for contract services including mandatory requirements, funding, type of contract, and their specific needs. Third year reviews shall be approved by the Purchasing Agent if less than $25,000.00, or the Board of Supervisors if over $25,000.00. COMMENCEMENT DATE OF SERVICES No agreement/contract shall be commenced prior to approval by the Board of Supervisors or for agreements/contracts subject to the Purchasing Agent’s authority. No agreement/contract may be back-dated prior to Board approval. Contractors and vendors shall be advised by the responsible Department Head that performance under the agreement/contract may not commence prior to such approval. No payment shall be made prior to this approval. The County is not responsible for

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any obligations associated with an agreement/contract that has not been formally approved by the board of Supervisors. Procuring agreement/contracts on behalf of the County of Amador without proper authority may result in the individual being held personally responsible for any obligation or liability created by their action. CHECKLIST FOR APPROVAL OF AGREEMENTS OR CONTRACTS Copies:

Federal Tax ID: License Status:

Insurance & Bonds:

A minimum of 3 agreements/contracts with original signatures affixed prior to routing to Board. (Exception: Federal or State contracts most likely will not have signatures prior to being routed to the Board).

NOTE: If the contractor sends only one signed copy of the agreement/contract to the department, make two additional copies before routing to the Board. The Chairman will sign all three copies, the Board will retain the original document and return the copies to the department for routing.

This is required to be affixed on ALL contracts, with the exception of those with the State or Federal contracts. When required, all agreements/contracts from departments shall determine all required certifications and licensing requirements have been met and are in good standing prior to being routed to the Board/Purchasing Agent or prior to authorizing work.

All departments shall determine all required minimum insurance and bonding requirements have been met including verification those insurance and bonding companies are admitted to conduct business in the State of California prior to being routed to the Board/Purchasing Agent or prior to authorizing work.

Corporations & L.L.C.’s & L.P.’s: All departments are required to check the business status of Corporations with the Secretary of State to ensure they are in good standing prior to being routed to the Board/Purchasing Agent agreements/contracts. EPLS:

All departments requesting an agreement/contract receiving federal funding shall check the Excluding Parties List System (EPLS) to check if contractors, businesses or

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entities are allowed to receive federal funding prior to being routed to the Board/Purchasing Agent.

Procurement, Awards, Agreements, Contracts having any Federal Assistance

Whenever Federal financial assistance is awarded or granted to the County from any Federal Agency 2 C.F.R. Part 200.§§ 200.317 to 200.326, including but not limited to, APPENDIX II TO PART 200—CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS shall apply and be implemented in all procurements and agreements/contracts utilizing Federal financial assistance. This policy is not limited to only to the regulations referenced ose sections listed above and shall include any specific Federal requirements that apply as a condition of the Federal assistance.from any other Federal Agency requiring additional specific procurement or agreement/contract requirements. CLAIMS FOR PAYMENT In order to process your claims efficiently and expediently it is necessary to follow procedures listed below: 1. All claims must be sent to the Auditor’s Office. RESPONSIBLE DEPARTMENTS/AGENCIES

GENERAL SERVICES ADMINISTRATION – Purchasing Division COUNTY COUNSEL ADMINISTRATIVE AGENCY – Risk Management AUDITOR-CONTROLLER REFERENCES

BOS Policy Resolution No. 02-370 BOS Ordinance No. 1440

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BEHAVIORAL HEALTH DEPARTMENT 10877 Conductor Boulevard, Suite 300 • Sutter Creek, CA 95685 • Phone (209) 223-6412 • Fax (209) 223-0920 • Toll Free Number (888) 310-6555

October 24, 2017 To the Board of Supervisors: Re: Grand Jury recommendation R# 3 (Quantifiable Measurements) Contracts monitored by HHS do have quantifiable measurements of performance for contractors. Most contracts include specific "deliverables", and in fact, reports on those measurements are often required before payment is given to the contractor. Each contract has its own set of measurements. Some require the contractor meet with a specific number of clients, some require groups be formed and specific numbers of clients receive services (sign in sheets required), some contracts require that certain types of materials be disseminated publicly, etc. Other contracts require that state mandated data is entered into statewide databases. Reports are provided to the county by the contractors along with the requests for payment. The quantifiable measurements are reviewed by the person in charge of monitoring that specific contract then, if approved, the payment request is forwarded to the financial officer who arranges payment. The state (through various departments) mandates specific data be gathered and reported on. For instance - Behavioral health is audited by the EQRO (External Quality Review Organization) and DHCS also audits aspects of the county provided programming. Hundreds of pages of statistics are produced analyzing the way money is spent and what client groups have benefited. MHSA programs result in many pages of data (quantifiable measurements) that are shared with any interested citizen in open meetings. From that data new programming directions are chosen. The MHSA 3 year plan was recently released. These data are provided to the Behavioral Health Advisory Board which is an advisory board made up of concerned citizens. That group also produces a large Data Notebook (just completed 38 pages) giving aggregated data of all programming across strata of client groups / ages / gender / orientation / ethnicity, etc. James A. Foley, LCSW HHS Director Amador County 31

GENERAL SERVICES ADMINISTRATION

MAIL: 12200-B Airport Road, Jackson, CA 95642 LOCATION: 12200-B Airport Road, Martell, CA PHONE: (209) 223-6744 FAX: (209) 223-0749 E-MAIL: [email protected]

SUMMARY MEMORANDUM TO:

Board of Supervisors

FROM:

Jon Hopkins, GSA Director

DATE:

January 12, 2018

SUBJECT:

Responses related to Grand Jury Report for FY 16/17

Background: On September 18, 2017 the Board of Supervisors discussed the Grand Jury Report for FY 16/17. There were 14 recommendations made by the Grand Jury relative to contracting policies and practices. The Board took under analysis two (2) recommendations from the Grand Jury, R1 and R3, and agreed to implement two (2) of the recommendations, R2 and R4. Policy changes also included other proposed changes for clarification and changes required by the Federal Government when the County engages in work that has Federal funding. Subject or Key Issue: Results of the two (2) recommendations (R1 and R3) analyzed and implementation of two (2) recommendations (R2 and R4) Analysis: The Board assigned the Chair and Vice Chair (Administrative Committee), CAO, Director of Health and Human Services, GSA Director and County Counsel to review the recommendations made by the Grand Jury; specifically those identified by the Board as needing further analysis or that would be implemented. Below are the results of the analysis for R1 and R3, and how implementation of the R2 and R4 are recommended. R1:

County restructure the bid process involving members of other counties to develop a conflict-free formation of Request for Proposals and Evaluations. (Findings 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16)

Analysis: Purchasing Policy 5-100 was reviewed and is attached showing the proposed changes to the RFP/RFQ evaluation process that now clearly identifies by policy that evaluating members of other counties may be included to avoid conflicts of interests (page 3 of 16). If approved, no further analysis is recommended. R2.

Re-establish a formal 3-year contract review process. (Findings 2, 4, 5, 12,)

Implementation: Purchasing Policy 5-100 was reviewed and is attached showing the proposed changes to the Multiple Year Agreements/Contracts section (page 14 of 16). In addition, please see the attached memorandum from the Purchasing Agent. This memo is recommended to be distributed to all Department Heads, Elected Officials and Mid-Management personnel and no further action is recommended if approved.

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R3.

Develop quantifiable measurements of performance for contractors, and use other counties employees to audit. (Findings 3, 14, 16)

Analysis: Upon review of quantifiable measurements specifically related to the Health and Human Services contracts identified by the Grand Jury; please see the following memorandum from James Foley, Director of Health and Human Services. The memo clearly outlines for the Board quantifiable measurements used by this agency and no further action is recommended. R4.

Revise County and Purchasing Conflict of Interest Policies to include periodic review and admonishment of key employees who can influence financial commitments to outside entities. (Findings 2, 3, 5, 6, 8, 13, 14, 15,)

Implementation: Purchasing Policy 5-100 was reviewed and is attached showing the proposed changes to the Training section (page 3 of 16). No further action is recommended if approved. Alternatives: The Board always has the option to modify or reject any recommendation. Fiscal or Staffing Impacts: N/A 4/5ths vote: Yes Recommendation(s): Discussion and Possible action to 1) Adopt changes made to Purchasing Policy 5100 as submitted and; 2) Accept the Director of Health and Human Services memo as a response to R3 and; 3) Authorize the General Services Director to notify departments of the change in policy and to provide training and; 4) Authorize County Counsel to begin the process to amend Municipal Code Title 3 Revenue and Finance Chapter 3.08 to aligning it with Purchasing Policy 5-100 reflecting current changes and changes made in 2014.

c:

Chuck Iley, CAO file

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Board of Supervisors Agenda Item Report Submitting Department: General Services Administration Meeting Date: January 23, 2018 SUBJECT General Services Administration: Discussion and possible action to update the Nexus Study for the Jail Recommendation: Based upon Board feedback; 1) Adopt the Updated Nexus Study by Goodwin Consulting Group and; 2) Approve the resolution to adjust the CFF in accordance with the updated Nexus Study dated January 4, 2018 using a 1.5% cost of escalation, effective January 23, 2018, with adjustments for inflation annually thereafter by the change in the CCI, as reported in the Engineering News Record for the twelve-month period ending October of the prior year. 4/5 vote required: Yes Distribution Instructions: Chuck Iley, CAO; Undersheriff Wegner; Auditor ATTACHMENTS  Resolution for the updated Nexus Study 1.4.18.pdf  2016-2017 CFF Updated Study BOS Summary Memo 11.29.17.pdf  Amador Sheriff Jail Facilities Fee Updated Nexus Study 1.4.18.pdf  Attachment A Fee Comparisons 1.4.18.pdf  Attachment B Budget Estimates 1.4.18.pdf  Future 20 Bed Expansion Conceptual Drawing 1.4.18.pdf

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BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF AMADOR, STATE OF CALIFORNIA IN THE MATTER OF: RESOLUTION AUTHORIZING ADOPTION OF ) THE UPDATED NEXUS STUDY FOR THE ) JAIL )

RESOLUTION NO. 018-XXXX

WHEREAS, the existing Nexus Study for the Jail applied to a new facility at the County owned Wicklow Way property APN 044-100-027-00; and, WHEREAS, the Board of Supervisors approved updating the Nexus Study for the Jail on January 10, 2017 to ensure changes that methodologies, assumptions and calculations were accounted for appropriately; and, WHEREAS, the Updated Nexus Study for the Jail has since been moved to the County owned Jail property APN 020-200-021-00; and, WHEREAS, the need for an expanded adult detention facility has been identified by a Title 24 needs assessment completed in July 2015; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Amador that this Board hereby: 1. Adopt a Final Updated Nexus Study for the Jail based upon the Draft Nexus Study for the Jail prepared by Goodwin Consulting Group dated January 4, 2018 contingent upon (1) any changes made by the Board, and (2) approval by County Counsel and the County Administrative Officer. 2. Board of Supervisors adopts the revised fees shown in the Draft Nexus Study for the Jail Table ES-1 entitled “Proposed Jail Fee” BE IT FURTHER RESOLVED by the Board of Supervisors of the County of Amador, State of California hereby declares as follows; The foregoing resolution was duly passed and adopted by the Board of Supervisors of the County of Amador at a regular meeting thereof, held on the 23rd day of January 2018, by the following vote:

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AYES: NOTES:

None

ABSENT:

None

ATTEST:

_____________________________ Chairman, Board of Supervisors

JENNIFER BURNS, Clerk of the Board of Supervisors, Amador County, California By: __________________________

36

GENERAL SERVICES ADMINISTRATION

MAIL: 12200-B Airport Road, Jackson, CA 95642 LOCATION: 12200-B Airport Road, Martell, CA PHONE: (209) 223-6744 FAX: (209) 223-0749 E-MAIL: [email protected]

SUMMARY MEMORANDUM TO:

Board of Supervisors

FROM:

Jon Hopkins, GSA Director

DATE:

November 29, 2017

SUBJECT:

Updated Nexus Study for the Jail

Background: On November 12, 2015 the Board of State and Community Corrections approved funding recommendations of the Senate Bill (SB) 863 Executive Steering Committee which resulted in the County receiving a conditional award of $17,179,000.00 for the Jail Expansion Project. As discussed in the past, the Nexus Studies completed for determining the Jail Capital Facilities Fee (CFF) are living documents in where various factors (i.e. revised facility standards, receipt of funding from alternative sources, revised costs, changes in demographics, County’s land uses, etc.) may trigger updating the Nexus Study in relation to changes that arise. The original Nexus Study and all changes to the study have been performed by Goodwin Consulting Group as they are the most familiar with the County’s Detention and Law Enforcement Master Plan, the Jail Needs Assessment(s) and all updates conducted since 2004. Due to the conditional award, changes in population projections and changes in the location of future jail facilities, affected the amount of future beds needed and associated fees requiring an updated Nexus Study. Attached for the Board’s consideration is a Updated Nexus Study from Goodwin Consulting Group that takes into consideration the 40 beds being developed under SB 863 and an additional 20 beds anticipated by 2034 (see attached future 20 bed expansion conceptual drawing & budget estimates). Subject or Key Issue: Updated Nexus Study for the Jail. Analysis: Each year the Board of Supervisors is presented with the annual disclosure of the CFF and a recommendation to adjust the fee based on the 20-City Construction Cost Index (CCI). The purpose of the fee is to fund the expansion of current facilities or the construction of new facilities to meet future growth needs. The County has conducted two (2) previous studies. The first study was adopted in March of 2005 and was predicated on future development through 2023; the needs assessment was conducted by Daniel Smith & Associates in 2004. The total portion of cost allocated to future development was $12,206,000.00 for a 42,000 square foot 120 bed facility; total construction cost was estimated at $18,778,000.00. At the time the fees were implemented in 2005, no site had been identified. In December of 2007 the County actively sought funding from the State in accordance with Assembly Bill (AB) 900 and submitted an application based on a new needs assessment conducted by TRG consulting to construct a new 62,612 square foot 165 bed facility at a cost of $30,282,677.00 by 2011; On November 13, 2008 the County received notice of their AB 900 conditional award from the State Corrections Standards Authority in the amount of $22,712,000.00. As a condition to the award, the County was required to own a site in fee simple title for which the Jail would be located. During 2009 while looking for Jail property a developer had defaulted on a 201.37 acre project located on property known as Wicklow Way. The County ultimately purchased the property with the intent to construct the 165 bed Jail, yet found that plan could not be realized. As a result, the County adopted an Updated Nexus Study dated October 25, 2011. The updated study targeted a total portion of costs allocated to future Page 1 of 3

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development by 2040 of $18,748,000.00 for a 82,460 square foot 217 bed facility; total construction cost was estimated at $56,503,000.00. From 2007 through 2014 the county actively pursued a property site to locate a new facility, yet struggled with the decline in the economy, increases in site development and project costs, combined with the amount of capital debt with projected operational and staffing costs that simply could not be absorbed. On August 14, 2014 the County relinquishment its AB900 conditional award, but maintained plans to construct a new 217 bed facility on Wicklow Way. On June 10, 2015 the Board of State and Community Corrections released another source of funding for Jail construction under Senate Bill (SB) 863. As a result the Board ultimately hired Nacht & Lewis (Architect of Record) to assist in developing a response to the State’s RFP. As required by SB 863, an updated Jail Needs Assessment was conducted by Nacht & Lewis in 2014/15. This needs assessment carefully reviewed information used in the TGG consulting needs assessment(s), past State Department of Finance population projections, existing Jail arrests, bookings and adult daily populations (ADP), the average length of Jail stay (ALS), and other impacts such as Proposition 109 (Safety Realignment that changed the definition of a felony and shifted low level offenders and parolees from State prison to local Jails), Proposition 47 (reduced classification of most non-serious and non-violent property and drug crimes from a felony to misdemeanor), and the lack of another casino being built. Historical trend data resulted in significant changes ultimately estimating the following Jail needs: Year 2015-19 2020-24 2025-34 2030-34

Projected ADP 110 111 123 125

Peak & Inmate Classification Factor 13 14 15 15

Total 123 125 138 140

On July 28, 2015 the Board adopted the needs assessment and changes in the previous projections. Since then the County has been conditionally awarded $17,179,000.00 from the State to construct an additional 40 bed facility on the current Jail site at a total cost of $17,788,000.00. Due to past variations the Board waited to make any changes to the CFF until after the project was formally established by The State Public Works Board which occurred on July 15, 2016. As a result of all changes, the recommendation from the Board was to have the Jail Committee, General Services, County Counsel, Sheriff and CAO review this information and return with a recommendation and to update the Nexus Study. Proposed is to abate the 217 bed Jail project contemplated in the October 25, 2011 Nexus Study and target an additional 20 bed facility to meet future needs on site (see attached conceptual drawing). Further, Goodwin Consulting Group has updated the Nexus Study based upon this information and is attached for review and consideration. In comparison, the 2011 updated study projected an additional population growth of 25,361 by 2040, this study projects additional population growth of 3,610 by 2034. Escalation: Included with this report is Attachment A Fee Comparisons (Exhibits A through D) that shows the impacts of cost escalation. Table 3 represents the current fee. Exhibit A represents what the fee would be applying the 3.7% CCI to the current fee. Exhibit B uses a 1.5% cost escalation as recommended by the Jail Committee. Exhibit C demonstrates what the fee would be using a 2.5% cost escalation. Exhibit D represents what the fee would be applying a 5% cost escalation as required for all State funded projects and recommended by Nacht & Lewis. The recommended fee using a 1.5% cost escalation took in to consideration recommendations from the Jail Committee, current fees in place, the current economic climate, uncertainty of future impacts to the Jail by 2034, and the change in venue for future Jail expansion. This approach keeps the current fees fairly similar to the existing fees with a slight reduction compared to this year’s annual CCI increase. Also included is Attachment B Budget Estimates, which highlights the cost of construction for an additional 20 beds and how those cost estimates affect the Jail fee. It should be noted that the average percentage for the past ten (10) years for the CCI has been 3.2%. Page 2 of 3

38

Alternatives: Keep the existing Nexus Study in place pursuing the construction of a 217 bed Jail facility by the year 2040 at Wicklow Way; or consider some other option for future Jail construction. Fiscal or Staffing Impacts: There are no fiscal or staffing impacts related to the annual increase to the CFF or to the recommended fee adjustment for the jail other then what is contemplated in the study. 4/5ths vote: Yes Recommendation(s): Based upon Board feedback; 1) Adopt the Updated Nexus Study by Goodwin Consulting Group and; 2) Approve the resolution to adjust the CFF in accordance with the updated Nexus Study dated January 4, 2018 using a 1.5% cost of escalation, effective January 23, 2018, with adjustments for inflation annually thereafter by the change in the CCI, as reported in the Engineering News Record for the twelve-month period ending October of the prior year. Attachments: Updated Nexus Study dated 1/4/18 Future 20 Bed Expansion Conceptual Drawing 1/4/18 Attachment A Fee Comparisons 1/4/18 Attachment B Budget Estimates dated 1/4/18 Resolution for the updated Nexus Study 1/4/18 cc:

Chuck Iley, CAO file

39

Page 3 of 3

COUNTY OF AMADOR CAPITAL FACILITIES FEE PROGRAM SHERIFF JAIL FACILITY FEE UPDATE NEXUS STUDY

DRAFT REPORT

January 4, 2018

40

333(University(Ave,(Suite(160(•(Sacramento,(CA(95825 Phone:(d916l(561-0890(•(Fax:(d916l(561-0891 www.goodwinconsultinggroup.net

COUNTY OF AMADOR CAPITAL FACILITIES FEE PROGRAM SHERIFF JAIL FACILITY FEE UPDATE NEXUS STUDY TABLE OF CONTENTS

Section

Page

Executive Summary

i

I.

Introduction

1

II.

Fee Methodology

5

III.

Population and Land Use Categories

8

IV.

Sheriff Jail Facility Fee

10

V.

Fee Summary

14

VI.

Ongoing Administration of the Jail Fee Program

15

Appendix - Sheriff Jail Facility Fee Calculation Summary Tables

41

Sheriff Jail Facility Fee Update Nexus Study Executive Summary BACKGROUND As residential and nonresidential growth occurs within the County of Amador (“County”), the County’s jail facility will need to be expanded to handle the increase in inmate growth that will occur with development in the County. The Amador County jail has a rated capacity of 76 beds. However, because the average daily population (ADP) at the jail has been as high as 88 inmates with a peak rate of 110 inmates in 2016, jail staff has added triple bunk beds to the facility’s dayrooms to handle this overcrowding. To address the severe overcrowding, the County has applied through the SB 863 Adult Local Criminal Justice Facilities Construction Financing Program to fund an expansion of the County jail. The expansion will add 40 maximum security beds along with programming and medical/dental and mental health treatment services space. Once constructed, the expansion will increase the rated bed capacity from 76 beds to 116 beds. In December 2014, the County hired Nacht & Lewis, Vanir Construction Management, and the Criminal Justice Research Foundation (CJRF) to prepare the Amador County Sheriff’s Office Jail Needs Assessment Update (“2015 Jail Needs Assessment”). The 2015 Jail Needs Assessment projected peak jail populations of 123 inmates by 2019 and 140 inmates by 2034. Assuming these projections are accurate, then the current 40 bed expansion will be sufficient to serve the County’s existing inmate population but a second future jail expansion will be needed to house the additional inmates projected by 2034. Although formal plans have not been drafted, County staff has indicated that an additional 20 bed housing pod will be necessary to house inmates through 2034. PURPOSE OF NEXUS STUDY Amador County retained Goodwin Consulting Group to assist it in establishing the original Amador County Capital Facilities Fee Program. In 2005, Goodwin Consulting Group prepared the CFF Program Nexus Study (“2005 Nexus Study”). The 2005 Nexus Study included proposed fees for a County administration center and a sheriff jail facility. In 2011 Goodwin Consulting Group updated 42 County of Amador Sheriff Jail Facility Fee Update Nexus Study

i

the Sheriff Jail Facility Fee Component of the 2005 Nexus Study (“2011 Nexus Study”) to incorporate an updated jail facility based on Amador County’s Jail Needs Assessment, dated May 2009 (“2009 Jail Needs Assessment”). This Sheriff Jail Facility Fee Update Nexus Study (“Nexus Study”) incorporates the most current population and employee forecasts and future inmate projection for Amador County, as presented in the 2015 Jail Needs Assessment report. Based on the 2015 Jail Needs Assessment and County staff’s estimate of the required jail facilities needed to address future inmate housing, this Nexus Study proposes updated fees to fund these jail facilities. The proposed Sheriff Facility Jail Fee (“Jail Fee”) calculated in this Nexus Study complies with the law set forth in the Mitigation Fee Act, commonly known as AB 1600, and ensures that a reasonable relationship exists between the impact from future development and the proposed Jail Fee. This Nexus Study also ensures that a reasonable relationship exists between the Jail Fee and the cost of the jail facility attributable to future development on which the fee will be imposed. PROPOSED JAIL EXPANSION County staff estimate that once the current 40 bed expansion is constructed and the existing jail overcrowding is eliminated, planning for a new 20 bed housing pod will be necessary to address the future housing needs projected in the 2015 Jail Needs Assessment. By 2034 the 2015 Jail Needs Assessment projects the County will be housing 140 inmates during peak periods. Nacht & Lewis estimate the cost of a 20 bed housing unit is approximately $11.95 million. Table 3 in the Appendix of this report shows a breakdown of this jail facility cost. SUMMARY OF THE PROPOSED JAIL FEE A summary of the updated Jail Fee is presented in Table ES-1. The fees shown in Table ES-1 are the maximum fee rates that the County can charge development based on this Nexus Study. It is the County’s discretion to charge fees that are lower than those shown in Table ES-1; however, the County cannot charge fees higher than those justified in this Nexus Study. A 2.0% County administration fee is included in the fee to pay for the administrative duties associated with maintaining the fee program.

43 County of Amador Sheriff Jail Facility Fee Update Nexus Study

ii

Table ES-1 Proposed Jail Fee Land Use

Jail Fee

Administration Fee (2.0%)

Total Fee

Residential Fee per Unit

Single Family

$2,168

$43

$2,211

Multi-Family

$1,474

$30

$1,504

Non-Residential Fee per Square Foot

Commercial

$0.41

$0.01

$0.42

Office

$0.52

$0.01

$0.53

Industrial

$0.21

$0.01

$0.22

Table ES-2 compares the proposed Jail Fee to Amador County’s current jail fee. Table ES-2 Proposed Jail Fee Compared to Amador County Current Jail Fee

Land Use

Proposed Jail Fee

Current Jail Fee

Percent Change

Residential Fee per Unit

Single Family

$2,211

$2,184

1.2%

Multi-Family

$1,504

$1,485

1.3%

Non-Residential Fee per Square Foot

Commercial

$0.42

$0.41

2.5%

Office

$0.53

$0.51

Industrial

$0.22

$0.21

4.0% 4.7%

FEE ADJUSTMENTS The Jail Fee may be adjusted in future years to reflect revised jail facility standards, receipt of funding from alternative sources (i.e., state or federal grants), revised costs, or changes in demographics, or inmate projections. In addition to such adjustments, the fee will be inflated automatically each year by a predetermined index. The County’s building department will determine the specific characteristics of the development at the time development fees are to be levied in order to categorize the development into the proper land use category and to determine the applicable fee. 44 County of Amador Sheriff Jail Facility Fee Update Nexus Study

iii

I.

Introduction

The Amador County Jail was constructed in 1984 with a design capacity of 42 beds. The Board of State Community Corrections (BSCC) rates the jail capacity at 76 beds. Over time the County has accommodated growth in the prison population by placing double bunks in the jail cells and triple bunks in the dayrooms. This increased the housing capacity to 105 beds but severely impacted programming opportunities for the inmates as well as the safety of jail employees and inmates. In 2014 the County hired the consultant team of Nacht & Lewis, Vanir Construction Management, and the Criminal Justice Research Foundation to prepare the Amador County Sheriff’s Office Jail Needs Assessment Update. The report was commissioned to support the County’s SB 863 jail construction application for funding an expansion to the County jail. JAIL NEEDS ASSESSMENT REPORT The original Amador County Jail Needs Assessment, dated May 26, 2009 reviewed existing County jail facilities and projected requirements for future jail facilities by 2040. However, since the 2009 Jail Needs Assessment was completed, two major legislative actions have significantly changed the environment regarding inmate housing in the State of California. The first legislative action was the passage of AB 109, the 2011 Public Safety Realignment Act, by the State Legislature in April 2011. AB 109 essentially shifts the housing of certain low level offenders from State prisons to local county jails. This action in effect significantly increases the housing burden on county jail systems. The 2015 Jail Needs Assessment report states that approximately 24% of the County jail inmate population was comprised of felons housed in the jail as a result of the AB 109 Realignment. The second legislative action was the passage of Proposition 47 on November 4, 2014 by California voters. Proposition 47 reduces the classification of non-serious and non-violent property and drug crimes from felony to misdemeanor offenses. In essence, this legislative action is meant to ease the housing burden on County jails by reducing the prison population. Due to the timing of the implementation of Proposition 47, the 2015 Jail Needs Assessment had only a three month period of data to analyze regarding the impact of Proposition 47. But based on the information gathered, the report states that the new law will likely have a minimal impact on long-term inmate housing needs for the County. 45 County of Amador Sheriff Jail Facility Fee Update Nexus Study

1

In addition to evaluating the overcrowding at the County jail in support of the County’s application for State funding of a 40 bed expansion, the consultant team also ran models to project the inmate ADP over a twenty year period from 2014 to 2034. The projection estimates that by 2019, peak ADP will be 123 inmates and by 2034 the peak ADP will result in 140 inmates. The 2034 projection of 140 inmates supports the need for an additional expansion beyond the 40 bed expansion that will be funded through the SB 863 funding program. CHANGES TO THE NEXUS STUDY This Nexus Study incorporates the following changes compared to the 2011 Nexus Study: 

This Nexus Study incorporates the most current California Department of Finance residential population projection for Amador County. The projection shows residential growth in the County by 2034 to be slower than was previously expected in the 2011 Nexus Study. For example, the County population growth rate in this Nexus Study is approximately 0.5% per year. The 2011 Nexus Study included an annual growth rate that was over 1.0%.



The California County-Level Economic Forecast 2017-2050, dated September 2017, was produced by The California Economic Forecast for Caltrans and is used in this Nexus Study to estimate future employment growth in Amador County. Similar to residential growth, the report’s projections show employment growth in the County to be slower than was presented in the 2011 Nexus Study. The employment growth rate in this Nexus Study is approximately 0.4% per year compared to the 2011 Nexus Study which had an annual employment growth rate that was over 1.0%.



Future jail facility needs included in this Nexus Study are based on the 2015 Jail Needs Assessment peak inmate ADP by 2034, which is projected to be 140 inmates. This current projection of inmate ADP is much lower than the projected peak ADP used in the 2011 Nexus Study, which relied on the ADP number in the 2009 Jail Needs Assessment. The projected peak ADP in the 2011 Nexus Study was much higher with an ADP of 217 inmates by 2040.



Due to the lower projected number of inmates in this Nexus Study compared to the 2011 Nexus Study, the size of the future jail facility included in this Nexus Study is of a much smaller scope than the jail facility included in the 2011 Nexus Study. For example, this

46 County of Amador Sheriff Jail Facility Fee Update Nexus Study

2

Nexus Study assumes a need for a 20-bed expansion to the existing County jail at a cost of approximately $11.9 million. The 2011 Nexus Study assumed the need for a new 217 bed jail that would replace the existing County jail at a cost of approximately $56.5 million. JAIL FEE NEXUS REQUIREMENTS (AB 1600) Assembly Bill (AB) 1600, which was enacted by the State of California in 1987, created Section 66000 et. seq. of the Government Code. AB 1600, formally known as the Mitigation Fee Act, requires that all public agencies satisfy the following requirements when establishing, increasing, or imposing a fee as a condition of approval for a development project: 1. 2. 3.

Identify the purpose of the fee. Identify the use to which the fee will be put. Determine how there is a reasonable relationship between: A. The fee’s use and the type of development project on which the fee is imposed. B. The need for the public facility and the type of development project on which the fee is imposed. C. The amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.

The purpose of this 2017 Updated Nexus Study is to demonstrate that the Jail Fee complies with AB 1600. The assumptions, methodology, facility standards, costs, and cost allocation factors that were used to establish the nexus between the updated Jail Fee and the development on which it will be levied are summarized in the subsequent sections of this report.

47 County of Amador Sheriff Jail Facility Fee Update Nexus Study

3

ORGANIZATION OF REPORT The remainder of this report has been organized into the following sections: Section II

Provides a detailed explanation of the methodology used to calculate the impact fee for the sheriff jail facility.

Section III

Identifies the demographics and land use categories to be used in the calculation of the fees.

Section IV

Provides the details of the costs and fee calculation for the sheriff jail facility.

Section V

Provides a summary of the nexus findings and the impact fees calculated in this Nexus Study.

Section VI

Addresses future fee adjustments, fee implementation and administrative responsibilities required by the fee program.

48 County of Amador Sheriff Jail Facility Fee Update Nexus Study

4

II.

Fee Methodology

When development impact fees are calculated, an analysis must be presented in enough detail to demonstrate that a logical, thorough consideration was applied to the process of determining how the fee relates to the impacts from new development. Findings must be made to ensure that there is a need for the facilities, as well as a reasonable relationship between the fee amount and the cost of the facilities attributable to the types of development on which that impact fees will be imposed. The methodology used to establish this reasonable relationship is defined in the following section of this report. FEE METHODOLOGY The County’s 2015 Jail Needs Assessment report analyzes existing jail facilities, current levels of service, and the projected future inmates. This information was analyzed in conjunction with projections of future development in the County. This information was then used to develop the Jail Fee. The fee calculation methodology is summarized below. The steps used to calculate the Jail Fee include the following: Step 1.

Identify existing development within the County and estimate future growth projections for residential and nonresidential development.

Step 2.

Determine the jail facility size that will be needed to serve the projected growth of County jail inmates through 2034. County staff has indicated that constructing a 20-bed pod will be sufficient to address the projected ADP increase through 2034.

Step 3.

Estimate the cost of the jail facility that will be needed to serve the County through 2034. Determine that portion of the total facility and its cost that is attributable to future growth. The cost of the portion of the facility that can be attributed to the existing County population, or that will cure an existing deficiency, cannot be funded by fee revenue from future development and therefore, this portion of the facility cost cannot be included in the calculation of the fee. Only that portion of the facility and its cost that is attributable to future development can be used to determine the Jail Fee. 49

County of Amador Sheriff Jail Facility Fee Update Nexus Study

5

Step 4.

Subtract any revenues available, or expected to be available, from alternative funding sources such as Federal, State, County, or other funding source, from the total facility cost to determine a net facilities cost that will be allocated to future development.

Step 5.

Identify the demand variable that will be used to allocate facilities costs on a benefit basis to each land use. Facility costs in this Nexus Study are first allocated between future developments in the County, based on the projected number of beds needed. Once the total cost is allocated between future developments, a persons served (residents plus employees) methodology is used to allocate the cost to different types of developments such as residential and nonresidential.

Step 6.

Estimate the total amount of persons served that will be generated by future development land use categories by multiplying the land uses by their assigned demand variable and calculate the sum total of all the demand variables.

Step 7.

Divide the cost of the facility allocated to future development by the total of the demand variables projected for future development to calculate a cost per person served.

Step 8.

Multiply the cost per person served by the persons served factor for each land use category to determine the impact fee for that land use category.

50 County of Amador Sheriff Jail Facility Fee Update Nexus Study

6

AREA OF BENEFIT The area of benefit for the Jail Fee is the entire County since this facility will serve not only the unincorporated County but also cities within the County. The cost of these facilities has been allocated to the estimated future development occurring throughout the entire County to the year 2034. To the extent that the County does not have agreements with cities for the collection of County-imposed development impact fees or should cities within the County not adopt the Jail Fee, revenues from alternative funding sources will be necessary to make up the shortfall. DEMAND VARIABLE The Mitigation Fee Act requires that a reasonable relationship exist between the amount of the fee and the cost of the facility attributable to future development. A demand variable is used to establish a reasonable relationship between the fee amount and the type of development. For this Nexus Study the demand variable chosen is the persons served. For residential development, the persons served are the residents, or specifically, the average number of persons per household for single and multifamily units. For nonresidential development, the persons served are the employees. However, because employees generally do not require the same level of service as residents, a weighted resident equivalent ratio was calculated in order to determine the relative impact of an employee compared to that of a resident. In this case the employee’s impact relative to a resident’s impact equals 0.24 residents. This ratio was calculated by comparing the average number of hours spent on the job per week (40 hours) for an employee versus the total number of hours in a week (40 hours ÷ 168 hours = 0.24).

51 County of Amador Sheriff Jail Facility Fee Update Nexus Study

7

III. Population and Land Use Categories The Nexus Study incorporates current and projected population and employment estimates from the California Department of Finance (“DOF”) and the California County-Level Economic Forecast 2017-2050 report from the California Economic Forecast. POPULATION Based on the population data from the DOF, the County has a population of 38,382 in 2017 and is projected to grow slowly at an annual rate of 0.5% to 41,785 by the 2034. The California Economic Forecast report, which provides demographic and economic forecasting for all fifty-eight counties in the State, estimates that Amador County has 12,420 jobs as of 2017. The report projects the County will experience slow job grow at an annual rate of 0.4%, or a total of 13,290 jobs in 2034. LAND USE CATEGORIES The Mitigation Fee Act requires that a reasonable relationship exist between the need for public facilities and the type of development on which an impact fee is imposed. The need for public facilities is related to the level of service demanded, which varies in proportion to the number of residents or employees generated by a particular land use type. Therefore, land use categories have been defined in order to distinguish between relative impacts on facilities. The Jail Fee has been calculated per dwelling unit for residential land use categories and per square foot of building space for non-residential land use categories. The following land use categories are identified for purposes of the Jail Fee: Single Family:

Includes all single family residential development categories, including duplex units

Multi-Family:

Consists of all multi-family residential development categories, including residential buildings with three or more units

Commercial:

Comprises all retail and service businesses, including but not limited to, shopping centers, general commercial, restaurants, car sales, supermarkets, and gas stations 52

County of Amador Sheriff Jail Facility Fee Update Nexus Study

8

Office:

Includes, but is not limited to, buildings in which professional, banking, insurance, real estate, administrative or in-office medical or dental activities are conducted

Industrial:

Includes industrial-type businesses such as manufacturing, fabrication, and warehousing

County staff will make the final determination as to which land use category a particular development type will be assigned. Staff will determine the land use category that corresponds most directly to the development or alternatively, can determine that none of the land use categories in this Nexus Study adequately correspond to the development in question and may work in conjunction with the building department to determine the applicable fee amount through an ad hoc fee calculation.

53 County of Amador Sheriff Jail Facility Fee Update Nexus Study

9

IV. Sheriff Jail Facility Fee This section of the report discusses the nexus findings required pursuant to Government Code 66000 et. seq. In addition this section identifies the facility, cost, and fees required to fund an expansion of the current sheriff jail facility that will serve the County through 2034. The Jail Fee calculated in this report meets the Mitigation Fee Act nexus requirements as outlined below. NEXUS FINDINGS Purpose of Fee The purpose of the Jail Fee is to fund the County jail facilities identified in this Nexus Study that are needed to mitigate the impacts from new development through 2034. Use of Fee Jail Fee revenue will be used to fund a 20 bed expansion to the County jail. In addition, the new facility will add programming, medical, dental, and mental health treatment services space. This facility and its corresponding cost is presented in Table 3 in the Appendix of this Nexus Study. Reasonable Relationship Between the Fee's Use and the Type of Development Jail Fee revenue from residential and nonresidential development in the County will fund a proportionate amount of the cost of constructing the future sheriff jail expansion. The expansion is needed to accommodate projected growth in the prison population as a result of future growth in the County. Funding for this facility will come from Jail Fee revenue. Reasonable Relationship Between the Need for the Facility and the Type of Development New residential and commercial development will generate additional residents and employees in the County. As the population and more businesses start up in the County, crimes will increase as will the jail inmate population. This will increase demand for additional sheriff jail facilities. Additional inmates cannot be housed at the existing overcrowded jail facility. The planned 40-bed expansion will help overcrowding at the jail but this expansion will mainly serve the existing population and will not be sufficient to serve all of the future inmate population by 2034. Therefore a second 20 bed jail facility expansion will be needed. Fee revenue collected from new development and contributions from the County and possibly the State will be used to fund this expansion. Only a fair-share portion of the total facility cost will be allocated to future development based on persons served methodology.

54 County of Amador Sheriff Jail Facility Fee Update Nexus Study

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Reasonable Relationship Between the Amount of the Fee and the Cost of the Facility The relationship between the amount of the Jail Fee and the portion of the facility cost attributable to future development is based on the number of persons served. Residents and employees are the beneficiaries of jail facilities since having sufficient housing space at the jail will keep lawbreakers incarcerated and thus keep the community safer. The cost of the jail facility expansion has been allocated in this Nexus Study to both residential and nonresidential land uses based on the estimated number of persons generated from various types of land use development. The number of persons served equals the future residents plus a weighted share of future employees. The weighted share for employees is based on their estimated impact on jail facilities, which is relative to that of a resident’s impact on the facilities. Based on the estimated impact from future develop, as identified in the 2015 Needs Assessment, a proportionate share of the cost of the jail expansion is allocated to future residential and nonresidential development types. This cost allocation, shown in Table 5 in the Appendix, establishes a fee per resident and per employee. The fee per resident or employee is then converted to a fee per housing unit for residential development and a fee per square foot of building space for each nonresidential land use category. This ensures that a reasonable relationship is established between the Jail Fee and the portion of the cost of the jail facility that is attributed to each development type. EXISTING AND PLANNED JAIL FACILITIES Existing County Jail Facility The County’s only jail is located at 700 Court Street in Jackson California. The jail was constructed in 1984 and at that time was considered to be a small, but efficiently designed facility. The facility has 42 cells and has a BSCC rated capacity of 76 beds. Due to the growth in inmate ADP over the years, the 42 cells have all been double bunked; also, triple bunks have been placed in the dayrooms of the housing pods to increase the bed capacity of the jail to 105. However, this is not a good solution to address the overcrowding as it impacts the programing for the inmates and creates an unsafe environment as inmates of various security classifications are housed together. The 2015 Needs Assessment states that the jail is unable to appropriately segregate inmates due to peak population levels and lacks secure custody housing to segregate inmates that should be housed in higher security single cells. Additionally, the study states that the jail’s infrastructure has become antiquated and that some systems need to be replaced.

55 County of Amador Sheriff Jail Facility Fee Update Nexus Study

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Jail Expansion - 40 Beds Amador County has secured State grant funding through the SB 863 Adult Local Criminal Justice Facilities Construction Financing Program. The State grant will fund a jail expansion that will add 40 maximum security beds along with programming and medical/dental and mental health treatment services space. Once completed, the expansion will increase the jail’s rated bed capacity from 76 to 116 beds. Construction on the facility is expected to begin toward the end of 2017 and be completed in early 2019. The expansion will become operational in June 2019. The facility expansion will solve the current facility overcrowding problem; however, its housing capacity is insufficient to address housing for future inmates out to 2034, as identified in the 2015 Needs Assessment, which estimates that peak ADP will be 140 inmates by 2034. Future Jail Facility Expansion - 20 Beds To address future jail housing needs, County staff has identified a second jail expansion that would add a 20 bed pod to house the additional inmates through 2034. The housing pod will be approximately 7,500 square feet and include 20 beds, and food, medical, and administrative facilities. The total estimated cost of the expansion is approximately $11.9 million dollars and is presented in more detail in Table 3 in the Appendix. Future Buena Vista Rancheria Casino The 2015 Needs Assessment report projects a peak ADP of 140 inmates by 2034. The report also states that part of the increase in ADP is due to the assumption that a second gaming casino will be constructed in the County by 2034. The report states that the future Buena Vista Rancheria Casino will likely create a similar impact on the Amador County jail as does the Jackson Rancheria Casino. Based on the analysis in the report, Jackson Rancheria Casino contributes approximately 13 ADP inmates to the County jail. Assuming that the future casino will be of similar size to the Jackson Rancheria Casino, the 2015 Needs Assessment includes 13 ADP inmates contributed by the future casino in its projection of 140 peak ADP inmates by 2034. However, the Intergovernmental Services Agreement between the County and the Me-Wuk Indian Tribe, the future casino’s owners, states that the Tribe’s financial contribution to the County jail expansion will ultimately be based on the actual impact, as measured by casino-related incarcerations. SHERIFF JAIL FACILITY FEE The total cost of the future jail facility expansion is $11.9 million. This total cost is allocated between the two major sources of development that will generate new inmates based on the 2015 56 County of Amador Sheriff Jail Facility Fee Update Nexus Study

12

Needs Assessment report. These ADP estimates from the 2015 Jail Needs Assessment report translate into the allocation of beds identified in Table 4 in the Appendix. Specifically, it is estimated that 13 beds, or 65% of the 20 bed jail expansion, will be needed as a result of the estimated inmate impact from the future casino. The remaining 7 beds or 35% of the 20 bed housing expansion will house inmates that will be generated as a result of future residential and commercial development in the County by 2034. Multiplying these percentages by the total $11.9 million cost allocates the cost of the jail expansion to these two development categories. For example, 35%, or approximately $4.2 million of the total jail cost is allocated to future residential and commercial development in the County by 2034 and is therefore included in the calculation of the Jail Fee. Pursuant to Mitigation Fee Act, new development can only fund its fair share of the total cost. The remainder of the total cost, $7.8 million, is allocated to the future casino. The County will determine how this portion of the cost will be funded, whether it will be the casino that provides this funding or it is funded through other sources. The bottom section of Table 5 shows the calculation of the Jail Fee. County staff estimates that approximately $1.0 million in the Sheriff Jail Fee fund will be available to fund the future jail facility. This will be used to offset against the $4.2 million needed for the County’s share of the 20 bed expansion. Subtracting the $1.0 million from the $4.2 million will leave approximately $3.2 million to be funded. Dividing the $3.2 million by the estimated 3,610 persons served from future development provides a cost allocation of $867 per person served. Applying the $867 cost per person served to the average number of persons per household for each residential land use category yields fee rates of $2,211 per single family unit and $1,504 per multi-family unit, including the 2.0% administrative fee. For non-residential development, multiplying the person served cost of $867 by 0.24 to account for the reduced impact from employees produces a cost of $206 per employee. Dividing $206 by the average number of building square feet per employee for each nonresidential land use category produces Jail Fee rates of $0.42 per square foot of commercial space, $0.53 per square foot of office space, and $0.22 per square foot of industrial space, including the 2.0% administrative fee. Alternative Funding The County does not know at this time if it will secure a State grant for the future 20 bed housing expansion and therefore funding from this potential source was not include in the calculation of the Jail Fee. 57 County of Amador Sheriff Jail Facility Fee Update Nexus Study

13

V.

Fee Summary

Table V-1 below summarizes the Jail Fee as calculated in this report. A 2.0% County administration fee is included to pay for the administrative duties associated with maintaining the Jail Fee. Table V-1 Jail Fee

Land Use

Jail Fee

Administration Fee (2.0%)

Total Fee

Residential Fee per Unit

Single Family

$2,168

$43

$2,211

Multi-Family

$1,474

$30

$1,504

Non-Residential Fee per Square Foot

Commercial

$0.41

$0.01

$0.42

Office

$0.52

$0.01

$0.53

Industrial

$0.21

$0.01

$0.22

58 County of Amador Sheriff Jail Facility Fee Update Nexus Study

14

VI. Ongoing Administration of the Jail Fee Program FEE ADJUSTMENTS The Jail Fee will be adjusted in future years to reflect revised facility standards, receipt of funding from alternative sources (i.e., state or federal grants), revised costs, or changes in demographics or land use projections. In addition to such adjustments, in January of each calendar year, the Jail Fee for each type of development should automatically be adjusted by the change in the 20-City Construction Cost Index (CCI), as reported in the Engineering News Record for the twelve-month period ending October of the prior year. For example, the adjustment for January 2019 will be determined by calculating the change from October 2017 to October 2018 in the 20-City CCI. Alternatively, the County may decide to use another inflation adjustment methodology. The fee categories summarized in the prior section may not be applicable to specialized development projects in the County. For example, development of a golf course would not fall under the fee categories in this Nexus Study. For specialized or unique development projects, the County staff will review the impacts on the County jail from the specialized development and decide on an applicable fee rate. ANNUAL ADMINISTRATIVE DUTIES The Government Code requires the County to report every year and every fifth year certain financial information regarding the fees. The County must make available within 180 days after the last day of each fiscal year the following information for the prior fiscal year: (a) A brief description of the type of fee in the account or fund (b) The amount of the fee (c) The beginning and ending balance in the account or fund (d) The amount of the fee collected and the interest earned (e) An identification of each public improvement for which fees were expended and the amount of expenditures (f) An identification of an approximate date by which time construction on the improvement 59 County of Amador Sheriff Jail Facility Fee Update Nexus Study

15

will commence if it is determined that sufficient funds exist to complete the project (g) A description of each interfund transfer or loan made and when it will be repaid (h) Identification of any refunds made once it is determined that sufficient monies have been collected to fund all fee-related projects The County must make this information available for public review and must also present it at the next regularly scheduled public meeting not less than 15 days after this information is made available to the public. For the fifth fiscal year following the first deposit into the account or fund, and every five years thereafter, the County must make the following findings with respect to any remaining funds in the fee account, regardless of whether those funds are committed or uncommitted: (a) Identify the purpose to which the fee is to be put (b) Demonstrate a reasonable relationship between the fee and the purpose for which it is charged (c) Identify all sources and amounts of funding anticipated to complete financing any incomplete improvements (d) Designate the approximate dates on which funding in item (c) above is expected to be deposited into the fee account As with the annual disclosure, the five-year report must be made public within 180 days after the end of the County's fiscal year and must be reviewed at the next regularly scheduled public meeting. The County must make these findings; otherwise, the law requires that the County refund the money to the then current record owners of the development projects on a prorated basis.

60 County of Amador Sheriff Jail Facility Fee Update Nexus Study

16

APPENDIX Jail Fee Calculation Summary Tables

61

Table 1 Sheriff Jail Fee Comparison - Proposed vs. Current Fees

Land Use

Proposed Jail Fee /1

Residential

Current Jail Fee/1

Difference

Per Unit

Single Family

$2,211

$2,184

$27

Multifamily

$1,504

$1,485

$19

Nonresidential

Per Building SF

Commercial

$0.42

$0.41

$0.01

Office

$0.53

$0.51

$0.02

Industrial

$0.22

$0.21

$0.01

/1 Includes 2% county administrative fee. Source: County of Amador; Goodwin Consulting Group, Inc.

62

Table 2 Population and Employment Projections Existing Development as of 2017

Residential

Population 38,382

Nonresidential

Employees 12,420

Additional Development thru 2034

Residential

Population 3,403

Nonresidential

Employees 870

Total Existing & Future Development By 2034

Residential

Population 41,785

Nonresidential

Employees 13,290

Source: Goodwin Consulting Group, Inc., California Department of Finance County Population Forecast, California County Level Economic Forecast 2017-2050

63

Table 3 Proposed Sheriff Jail 20-Bed Facility Expansion Cost Amador County Jail Future Expansion (20 Beds) Cost of Escalation to 2034 (1.5% annually) Subtotal Contingency (20%)

Gross Building Area 7500

Cost/SF

Total Construction Cost Estimate

$810

$6,076,125 $1,579,793 $7,655,918

Total Future Expansion Construction Cost

$1,531,184 $9,187,101

Estimated Project Soft Costs (30%)

$2,756,130

Total Future Expansion Construction Cost Total Cost (rounded)

$11,943,231 $11,950,000

Source: Nacht & Lewis

64

Table 4 Projected Additional Beds Needed By Year 2034 (1) Beds Required To Serve County Residents

Beds Required To Serve Future Casino

Total Beds Required

2018 (2)

120

0

120

2034 (3)

127

13

140

7

13

20

Year

Additional Beds Required by 2034

(1) Based on the County's Jail Needs Assessment Update. (2) Includes the current planned 40-bed jail expansion. (3) Includes the future 20-bed jail expansion. Source: Amador County Sheriff's Office Jail Needs Assessment Update ; Goodwin Consulting Group, Inc.

65

Table 5 Proposed Sheriff Jail Facility Fee

2017

Additional By 2034

Future Total

Estimated Amador County Population

38,382

3,403

41,785

Estimated Jobs in Amador County Employee Weighting Factor (1) Resident-Equivalent Employees

12,420 0.24 2,957

870 0.24 207

13,290 0.24 3,164

Total Persons Served

41,339

3,610

44,949

1. Assumptions

2. Jail Facility Expansion and Cost Assumptions Sheriff Detention 20-Bed Expansion (in square feet) Estimated Construction Cost ($810/sf) Facility Cost Escalation Subtotal - Hard Costs

7,500 $6,076,125 $1,579,793 $7,655,918

Project Contingency Cost @ 20% Soft Costs (30%) Total Cost (In 2017 $)

3. Cost Allocation - Based on Estimated Total Beds Required by 2034 Proposed Future Casino Future Residential and Non-Residential Development Total Beds

$1,531,184 $2,756,130 $11,950,000

Beds 13 7 20

Percent Allocation 65.0% 35.0% 100.0%

Future Development Beds Needed For Future Development Percent of Future Facility Cost Allocated Based on Beds Needed

Cost Allocation $7,768,000 $4,182,000 $11,950,000

7 35.0%

Portion of Total Cost Allocated to Future County Development Less: Sheriff Jail Fee Fund Revenue Portion of Remaining Cost Allocated to Future County Development

$4,182,000 $1,052,122 $3,129,878

Cost Per Additional Person Served

$867

4. Impact Fee Calculation Persons per Household

Cost per Person Served

Impact Fee per Unit

Single Family Multifamily

2.50 1.70

$867 $867

$2,168 $1,474

Nonresidential

Sq Ft per Employee

Cost per Employee

Impact Fee per SF

500 400 1,000

$206 $206 $206

$0.41 $0.52 $0.21

Residential

Commercial Office Industrial

(1) An employee is assumed to have an impact that is equal to 0.24 residents.

66

Attachment A AMADOR COUNTY

FEE COMPARISONS Table 3

Current Capital Facilities Fee (Effective January 1, 2017) Land Use

Increase

Residential Single Family Multi-Family Commercial Commercial (SF) Office (SF) Industrial (SF)

CAC

Sheriff Detention

Admin. Fee (2%)

Total CFF

$ $

1,495.00 1,015.52

$ $

2,141.30 1,455.72

$ $

72.73 49.42

$ $

3,709.03 2,520.67

$ $ $

0.30 0.36 0.12

$ $ $

0.40 0.50 0.21

$ $ $

0.01 0.02 0.01

$ $ $

0.72 0.88 0.34

EXHIBIT A

Capital Facilities Fee - Annual Fee Adjustment by CCI Land Use

Residential Single Family Multi-Family Commercial Commercial (SF) Office (SF) Industrial (SF)

Increase

CAC

Sheriff Jail (Wicklow Way)

Admin. Fee (2%)

Total CFF

3.7% 3.7%

$ $

1,550.32 1,053.09

$ $

2,220.53 1,509.58

$ $

75.42 51.25

$ $

3,846.27 2,613.92

3.7% 3.7% 3.7%

$ $ $

0.31 0.37 0.12

$ $ $

0.41 0.52 0.22

$ $ $

0.01 0.02 0.01

$ $ $

0.73 0.91 0.35

EXHIBIT B

Capital Facilities Fee - Annual Fee Adjustment for CAC by CCI w/Jail Updated Nexus Study New Fees at 1.5% Land Use

Residential Single Family Multi-Family Commercial Commercial (SF) Office (SF) Industrial (SF)

CAC (3.7% CCI)

Sheriff Jail (1.5% esc.)

Admin. Fee (2%)

Total CFF

$ $

1,550.32 1,053.09

$ $

2,168.00 1,474.00

$ $

74.36 50.54

$ $

3,792.68 2,577.63

$ $ $

0.31 0.37 0.12

$ $ $

0.41 0.52 0.21

$ $ $

0.01 0.02 0.01

$ $ $

0.73 0.91 0.34

EXHIBIT C

Capital Facilities Fee - Annual Fee Adjustment for CAC by CCI w/Jail Updated Nexus Study New Fees at 2.5% Land Use

Residential Single Family Multi-Family Commercial Commercial (SF) Office (SF) Industrial (SF)

CAC (3.7% CCI)

Sheriff Jail (2.5% esc.)

Admin. Fee (2%)

Total CFF

$ $

1,550.32 1,053.09

$ $

2,568.00 1,746.00

$ $

82.36 55.98

$ $

4,200.68 2,855.07

$ $ $

0.31 0.37 0.12

$ $ $

0.49 0.61 0.25

$ $ $

0.02 0.02 0.01

$ $ $

0.82 1.00 0.38

EXHIBIT D

Capital Facilities Fee - Annual Fee Adjustment for CAC by CCI w/Jail Updated Nexus Study New Fees at 5% Land Use

Residential Single Family Multi-Family Commercial Commercial (SF) Office (SF) Industrial (SF)

CAC (3.7% CCI)

Sheriff Jail (5% esc.)

Admin. Fee (2%)

Total CFF

$ $

1,550.32 1,053.09

$ $

3,562.00 2,422.00

$ $

102.24 69.50

$ $

5,214.56 3,544.59

$ $ $

0.31 0.37 0.12

$ $ $

0.68 0.85 0.34

$ $ $

0.02 0.02 0.01

$ $ $

1.01 1.24 0.47

67 (Attachment A)

Attachment B Y1502 Amador Jail Expansion: Future Expansion Budget Estimate Amador County Jail

Future Expansion (20beds) Escalation Duration (Months) Escalation Rate (per Month)

Gross Building Area

Cost/SF

7,500

$810.15

Cost of Escalation Contingency (20%) Total Future Expansion Construction Cost Estimated Project Soft Costs (30% of Construction Cost)

Total Construction Estimate with 5% Escalation Nacht & Lewis $6,076,125

Total Construction Estimate with 2.5% Escalation Goodwin $6,076,125

Total Construction Estimate with 1.5% Escalation

Estimate Date

$6,076,125

3/7/2017

208

208

208

7/1/2034

0.42%

0.21

0.13%

Monthly

$5,306,123 $2,276,450

$2,631,584 $1,741,542

$1,579,793 $1,531,184

$13,658,698

$10,449,251

$9,187,101

$4,097,609

$3,134,775

$2,756,130

Comments

Based on July 2014/2015 Jail Needs Assessment Nacht & Lewis uses the State of California mandated 5% annual escalation rate. Goodwin runs the numbers without escalation and; with a conservative .025 escalation rate.

Total Future Expansion Project Cost Figures Rounded up

$17,756,307

$13,584,026

$11,943,231

Project cost at occupancy in July 2034

$18,000,000

$13,600,000

$12,000,000

Figures Rounded up

7 Bed @ 35% of Total Costs

$6,300,000

$4,760,000

$4,200,000

Refer to tables for CFF fee comparisons

$3,562

$2,568

$2,168

CFF Fee per Single Family Dwelling

68

69

Board of Supervisors Agenda Item Report Submitting Department: General Services Administration Meeting Date: January 23, 2018 SUBJECT General Services Administration: Discussion and possible action regarding the differences between an Airport Land Use Plan (ALUP) Hazardous Wildlife Attractants on or Near Airports and the Airport Wildlife Hazard Assessment Recommendation: Discussion and possible action 4/5 vote required: No Distribution Instructions: Chuck Iley, CAO ATTACHMENTS  Memo WHA vs ALUCP 1.16.18. Advisory Circular 50 5200 36a 1.16.18.pdf  Memo WHA vs ALUCP 1.16.18. Advisory Circular 150 5200 33b 1.16.18.pdf  Memo WHA vs ALUCP 1.16.18.pdf

70

U.S. Department of Transportation Federal Aviation Administration

Subject: Qualifications for Wildlife Biologist Conducting Wildlife Hazard Assessments and Training Curriculums for Airport Personnel Involved in Controlling Wildlife Hazards on Airports

Advisory Circular Consolidated AC includes Change 1

Date: 01/31/2012 Initiated by: AAS-300

AC No: 150/5200-36A Change:

1. Purpose. This Advisory Circular (AC) has two purposes. First, this AC describes the qualifications for wildlife biologists who conduct Wildlife Hazard Assessments (WHA) for airports certificated under Title 14, Code of Federal Regulations, Part 139 (14 CFR Part 139), and at non-certificated airports funded by a Federal Aviation Administration (FAA) Airport Improvement Program (AIP) or Passenger Facility Charge (PFC) Program. We recommend that airports, at a minimum, consult with a qualified airport wildlife biologist when developing a Wildlife Hazard Management Plan (WHMP). Second, this AC addresses the minimum wildlife hazard management curriculum for the initial and recurrent training of airport personnel who implement an FAA-approved WHMP. 2. Applicability. The standards and practices in this AC for public-use airports and for those who conduct Wildlife Hazard Assessments and conduct required training are: a. Mandatory for airports certificated under Title 14, Code of Federal Regulations, Part 139 (14 CFR Part 139). b. Highly recommended for airports that have accepted AIP or the Passenger Facility Charge (PFC) Program funds. c. Highly recommended for all other airports that independently fund Wildlife Hazard Assessments. 3. Cancellation. This AC cancels AC 150/5200-36, Qualifications for Wildlife Biologist Conducting Wildlife Hazard Assessments and Training Curriculums for Airport Personnel Involved in Controlling Wildlife Hazards on Airports, dated June 28, 2006. 4. Background. Wildlife biologists conducting Wildlife Hazard Assessments or training airport personnel actively involved in implementing FAA-approved Wildlife Hazard Management Plans at

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certificated airports must have professional training and experience in wildlife hazard management at airports [§139.337(c) and (f)(7)]. Airport personnel actively involved in overseeing or implementing FAA-approved Wildlife Hazard Management Plans must receive initial training and recurrent training every 12 consecutive months [§139.303(c) and (e) (Personnel)]. 5. Related Reading Material. Please review the most recent versions of the following documents: a. FAA AC 150/5200-18, Airport Safety Self-Inspection. b. FAA AC 150/5200-32, Reporting Wildlife Aircraft Strikes. c. FAA AC 150/5200-33, Hazardous Wildlife Attractions On or Near Airports. d. FAA AC 150/5200-34, Construction or Establishment of Landfills Near Public Airports. e. FAA AC 150/5210-20 Ground Vehicle Operations on Airports f. FAA AC 150/5220-25 Airport Avian Radar Systems g. FAA AC 150/5300-13 Airport Design h. FAA AC 150/5340-1K Standards for Airport Markings i. FAA AC 150/5340-18F Standards for Airport Sign Systems j. FAA Office of Safety and Standards, Certalert no. 98-05, Grasses Attractive to Hazardous Wildlife. k. FAA Office of Safety and Standards, Certalert no. 04-09, Relationship Between FAA and WS. l. FAA Office of Safety and Standards, Certalert no. 04-16, Deer Hazard to Aircraft and Deer Fencing. m. Cleary, E. C. and Archie Dickey. 2010. Guidebook for Addressing Aircraft/Wildlife Hazards at General Aviation Airports. Airport Cooperative Research Program Report #32. n. Cleary, E. C. and R. A. Dolbeer. 2005. Wildlife Hazard Management at Airports: A Manual for Airport Personnel. 2nd Ed. FAA, Office of Airport Safety and Standards, Washington, DC. o. Dolbeer, R. A., S. E. Wright, J.R. Weller and M.J. Begier. 2009. Wildlife Strikes to Civil Aircraft in the United States, 1990 – 2008. FAA National Wildlife Aircraft Strike Database Serial Report #15. p. Dolbeer, R. A. et al. Ranking the Hazard Level of Wildlife Species to Civil Aviation in the United States: Update #1. Special Report for the Federal Aviation Administration, July 2, 2003.

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q. Report to Congress: Potential Hazards to Aircraft by Locating Waste Disposal Sites in the Vicinity of Airports, April 1996, DOT/FAA/AS/96-1. r. Title 14, Code of Federal Regulation, Part 139, Certification of Airports. s. Title 40, Code of Federal Regulation, Part 258, Criteria for Municipal Solid Waste Landfills. t. FAA Grant Assurance No. 34, Policies, Standards, and Specifications u. FAA Passenger Facility Charge (PFC) Assurance No. 9, Standards and Specifications v. Aeronautical Information Manual (AIM) Some of these documents and other information on wildlife management, including FAA Certalerts and guidance on siting hazardous wildlife attractants such as landfills, are available on the FAA website at http://www.faa.gov/airports/ and http://wildlife.faa.gov/. 6. Professional Qualifications of Wildlife Biologists Conducting Wildlife Hazard Assessments and Wildlife Hazard Management Training at FAA Certificated Airports. a. Wildlife biologists conducting airport Wildlife Hazard Assessments must meet certain

education, training, and experience standards.

§139.337(c) reads: Wildlife Hazard Assessment required in paragraph (b) of this section shall be conducted by a wildlife damage management biologist who has professional training and/or experience in wildlife hazard management at airports or an individual working under direct supervision of such an individual. b. Airports with a FAA-approved Wildlife Hazard Management Plan must provide employees the training needed to carryout the Plan.

§139.337(f)(7) reads: A training program conducted by a qualified wildlife damage management biologist to provide airport personnel with the knowledge and skills needed to successfully carry out the Wildlife Hazard Management Plan required by paragraph (d) of this section. c. To meet the requirements of §139.337(c) and (f)(7), a wildlife damage management

biologist (from now on referred to as a “qualified airport wildlife biologist”) must:

(1) Have the necessary academic coursework from accredited institutions and work experience to meet the qualifications of a GS-0486 series wildlife biologist as defined by the U.S. Office of Personnel Management classification standards (Appendix A) or be designated as a Certified Wildlife Biologist by The Wildlife Society (http://www.wildlife.org) and,

Have taken and passed an airport wildlife hazard management training course acceptable to the FAA Administrator (Appendix C), and; (2)

(3) While working under the direct supervision of a qualified airport wildlife biologist, have conducted at least one Wildlife Hazard Assessment acceptable to the FAA Administrator (as described in §139.337(c)). and,

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Have successfully completed at least one of the following within five years of their initial FAA approved airport wildlife hazard management training course, and every five years thereafter: (4)

(i) An airport wildlife hazard management training course that is acceptable to the FAA Administrator (Appendix C) or, (ii) Attendance, as a registered participant, at a joint Bird Strike Committee– USA/Bird Strike Committee–Canada annual meeting or, (iii) Other training acceptable to the FAA Administrator. d. Individuals who work under the direct supervision of a qualified airport wildlife biologist are allowed to conduct Wildlife Hazard Assessments if the airport sponsor and the qualified airport wildlife biologist agree in writing to determine how the qualified airport wildlife biologist will: (1)

Supervise how the individual(s) will conduct the Wildlife Hazard Assessment; and

(2)

Report progress of the Wildlife Hazard Assessment; and

(3)

Supervise the Wildlife Hazard Assessment report production.

e. Certificate Holders or Airport Sponsors must obtain documentation verifying the qualifications outlined in c (1) – (3) above of any person(s) conducting wildlife hazard assessments or providing requisite training. f. Holders of Airport Operating Certificates issued under Part 139 must retain records documenting the airport wildlife biologist(s) qualifications to conduct Wildlife Hazard Assessments and Wildlife Hazard Management Plans. These records must be retained for 10 years. If an airport conducts another WHA before the ten year expiration, the airport must maintain the qualification records for the previous WHA one year after the new WHA is completed.

7. Initial and Recurrent Training for Airport Personnel Actively Involved in Managing Hazardous Wildlife On or Near Airports. a. Personnel actively involved in implementing FAA-approved Wildlife Hazard Management Plans are subject to the requirements of 14 CFR Part 139.303. Section 139.303 requires a specific training regimen for all airport personnel. Section 139.303(c) and (e) require the holder of an Airport Operating Certificate issued under Part 139 to provide initial training and, every 12 months thereafter, recurrent training in wildlife hazard management to airport personnel actively involved in implementing FAA-approved Wildlife Hazard Management Plans. The required training must include “Any additional subject areas required under … §139.337” [§139.303(c)(5)] and, “As appropriate, comply with the following training requirements of this part … §139.337, Wildlife Hazard Management” [§139.303(e)(5)]. b. Appendix D outlines the minimum training requirements for airport personnel who carry out an airport’s Wildlife Hazard Management Plan. Depending on local wildlife and environmental issues, additional topics or more in-depth coverage of listed topics might be needed. 74 4

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c. §139.337(f)(1) requires the Wildlife Hazard Management Plan to include a list of the individuals having authority and responsibility for implementing each aspect of the plan. This list identifies the individuals who must complete the required training. d. §139.337(f) does not prohibit holders of Airport Operating Certificates from using a “train-the-trainer” approach when providing the requisite training, provided the trainers receive and successfully complete their initial and recurrent training from a qualified airport wildlife biologist. Trainers who are not qualified airport wildlife biologists are limited to providing training to their airport employees. e. Holders of Airport Operating Certificates issued under Part 139 are required to make and keep records of all training for airport personnel involved in controlling wildlife hazards for at least 24 consecutive calendar months.[ §139.301(b)(1) and §139.303(d)].

Michael J. O’Donnell Director, Office of Airport Safety and Standards

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Appendix A. U.S. Office of Personnel Management Qualification Standards for GS-0486 Series Wildlife Biologists. To be qualified as a GS-0486 series wildlife biologist, a candidate must have the following: 1. A degree in biological science that includes— a. At least nine semester hours in such wildlife subjects as mammalogy, ornithology, animal ecology, and wildlife management or research courses in the field of wildlife biology; and b. At least 12 semester hours in zoology in such subjects as general zoology, invertebrate zoology, vertebrate zoology, comparative anatomy, physiology, genetics, ecology, cellular biology, parasitology, and entomology or research courses in these subjects (excess courses in wildlife biology may be used to meet the zoology requirements where appropriate); and c. At least nine semester hours in botany or the related plant sciences; or 2. A combination of education and experience equivalent to a major in biological science (i.e., at least 30 semester hours), with at least nine semester hours in wildlife subjects, 12 semester hours in zoology, and nine semester hours in botany or related plant science, as shown in Paragraph 1 above, plus appropriate experience or additional education; or 3. Be designated as a Certified Wildlife Biologist by The Wildlife Society (http://www.wildlife.org).

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Appendix B. Training Resource Requirements and Instructor Qualifications. The following training resource requirements and instructor qualifications are for any individual wishing to: 

Provide an airport wildlife hazard management course acceptable to the FAA Administrator, for personnel conducting Wildlife Hazard Assessments; or



Provide training to airport personnel actively involved in implementing FAA approved Wildlife Hazard Management Plans.

1. Training Resources and Requirements. a. A list of training program providers acceptable to the FAA Administrator can be found on the FAA’s wildlife strike website: http://wildlife.faa.gov/. b. Links to the most recent versions of FAA regulations, FAA Advisory Circulars, Certalerts, and other documents relevant to wildlife hazard management issues can be found at http://www.faa.gov/airports/ and http://wildlife.faa.gov/. c. Those proposing to establish a program to train qualified airport wildlife biologists to meet the requirements of 14 CFR §139.337 must submit a complete training syllabus and instructor resume to the FAA. The syllabus must include all lesson plans, student handouts, and graphic presentations that include as a minimum all curriculum provided in Appendix C. Submit the materials to: FAA National Wildlife Biologist, AAS-300 Office of Airport Safety and Standards Federal Aviation Administration, 800 Independence Ave SW Washington DC 20591 d. The goal of the training must be to provide the knowledge, skills, and abilities needed by a GS-0486 wildlife biologist to conduct Wildlife Hazard Assessments [§139.337(c)] and to conduct wildlife hazard training [§139.337(f)(7)]. To be acceptable to the FAA, the course must be at least 24 hours in length and include the curriculum items listed in Appendix C. 2. Instructor Qualifications. The lead instructor for the training should: a. Be a qualified airport wildlife biologist. b. Have academic credits in education or instructor/teaching experience. c. Have a minimum of 2 years experience in all aspects of managing hazardous wildlife on or near airports.

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Appendix C. Training Curriculum Outline for Any Individual Wishing to Provide an Airport Wildlife Hazard Management Course Acceptable to the FAA Administrator, for Personnel Conducting Wildlife Hazard Assessments. 1. Training Curriculum Outline. The goal of the training must be to provide the knowledge, skills, and abilities needed by a GS0486 wildlife biologist to conduct Wildlife Hazard Assessments [§139.337(c)] and to conduct wildlife hazard training [§139.337(f)(7)]. To be acceptable to the FAA, the course must be at least 24 hours in length and include the curriculum items listed below. a. Training goals and process b. Airport familiarization (1) Introduction to the National Plan of Integrated Airport Systems (2) Airport design and layout (AC 150/5300-13 Airport Design) (3) Navigation aids and Air Traffic Control (Aeronautical Information Manual [AIM]) (4) Airport operations and safety (AIM) (5) Signs, marking, and lighting (AC 150/5340-1K Standards for Airport Markings and AC 150/5340-18F Standards for Airport Sign Systems) (6) Ground vehicle operator communication (AC 150/5210-20 Ground Vehicle Operations on Airports) c. Aircraft familiarization (1) Physics of a strike (2) Aircraft nomenclature (3) Civil aviation aircraft categories (4) Aircraft engines (a) Reciprocating (b) Turbo (5) Aircraft certification standards d. Preview of wildlife hazards to aviation (1) History of major strikes (2) Aviation losses (a) Worldwide (b) United States e. Controlling laws, regulations, and policies (1) Migratory Bird Treaty Act of 1918, as amended 78 8

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(2) Animal Damage Control Act of 1931, as amended (3) Bald Eagle Protection Act of 1940, as amended (4) Federal Insecticide, Fungicide, and Rodenticide Act of 1948, as amended (5) National Environmental Policy Act of 1969, as amended (6) Endangered Species Act of 1973, as amended (7) Title 14, Code of Federal Regulation, Part 139, Certification of Airports (8) Title 40, Code of Federal Regulations, Part 258, Criteria for Municipal Solid Waste Landfills (9) Title 50, Code of Federal Regulations, Parts 1–199, Wildlife Management (10) Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, Pub. L. No. 106–181 (April 5, 2000), "Structures Interfering with Air Commerce," section 503 (11) Applicable FAA ACs in the 150/5200 series about Airport Wildlife Hazard Management (12) Applicable FAA Airport Certalerts (13) Applicable state and local laws, regulations, and ordinances f. Department of Defense requirements and perspective on military/civilian joint-use airports g. Other Federal and State agency roles and responsibilities (1) U.S. Department of Interior, Fish and Wildlife Service (a) Role and responsibilities related to managing problem wildlife (b) Migratory Bird Depredation Permits (c) Salvage Permits (2) U.S. Department of Agriculture, Wildlife Services (a) Role and responsibilities related to managing problem wildlife (3) Other agencies (a) U.S. Environmental Protection Agency (i) Siting landfills (ii) Pesticide registration and use (b) U.S. Army Corps of Engineers (i) Wetlands mitigation (4) Multi-Federal Agency Memorandum of Agreement (5) Applicable State wildlife regulations h. FAA National Wildlife Aircraft Strike Database (1) Strike reporting 79 9

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(2) Species identification and feather identification (3) Database access i. Environmental issues—working with Federal and State agencies (1) National Environmental Policy Act (2) U.S. Army Corps of Engineers (wetland loss and mitigation issues) j. Initial consultations and Wildlife Hazard Assessments (WHAs) (1) Triggering events for WHAs (2) Duration and contents of WHAs (3) Wildlife surveys at airports to assess wildlife hazards (4) Data analysis and presentation of results (5) Writing a WHA k. FAA review of a WHA and determination of need for a Wildlife Hazard Management Plan (WHMP) l. Drafting and carrying out integrated WHMPs (1) Contents of WHMPs (2) FAA review of WHMPs (3) Endangered Species Act compliance (4) National Environmental Policy Act review m. Integrated wildlife hazard management for airports; survey of basic control strategies and tactics (1) Flight schedule modification (2) Habitat modification and exclusion (3) Wildlife dispersal techniques (4) Wildlife population management n. Addressing off-airport attractants and community planning and involvement o. Outline of field trip (to conduct a “mini” WHA) p. Field trip/site visit q. Final exam r. Post exam review s. Course evaluation t. Presentation of certificates 2. Recommendations. a. Exams or tests may be oral, written, practical demonstrations, or a combination of each. 80 10

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b. Passing grade/evaluation should be recorded and retained as instructor’s records. c. Instructors should retain course attendance records for a period of three years.

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Appendix D. Training Curriculum Outline for Airport Personnel Actively Involved in Implementing FAA-Approved Wildlife Hazard Management Plans. 1. Training Curriculum Outline. The goal of the training course must be to provide the knowledge, skills, and abilities needed by airport personnel to safely, accurately, and effectively implement relevant portions of an FAAapproved Wildlife Hazard Management Plan. To be acceptable to the FAA, initial and recurrent training must include the following agenda items: a. General survey of wildlife hazards to aviation based on the most recent annual FAA National Wildlife Strike Database Serial Report b. Review of wildlife strikes, control actions, and observations at the airport over at least the past 12 months c. Review of the airport’s Wildlife Hazard Assessment is to include— (1) Existing wildlife hazards and trends in wildlife abundance (2) Status of any open or unresolved recommended action items for reducing identified wildlife hazards to air carrier operations within the past 12 months d. Review of the airport’s Wildlife Hazard Management Plan, to include the following: (1) Airport-specific wildlife attractants, including man-made and natural features and habitat management practices of the last 12 months. (2) Review of the airport’s wildlife permits (local, State, and Federal) (3) Review of other airport-specific items: (a) Wildlife hazard management strategies, techniques, and tools: (i) Flight schedule modification (ii) Habitat modification, exclusion (iii) Repelling methods (iv) Wildlife population management (b) Responsibilities of airport personnel for— (i) Reporting wildlife strikes, control actions, and wildlife observations (ii) Communicating with personnel who conduct wildlife control actions or who see wildlife hazards and air traffic control tower personnel and others who may require notification, such as airport operations or maintenance departments (iii) Documenting and reporting wildlife hazards seen during patrols and inspections and follow-up control efforts inspections

(iv) Documenting and reporting when no hazards are seen during patrols and

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e. Basic bird and mammal identification, stressing local hazardous and rare or endangered species of concern f. For any airport personnel using pyrotechnic launchers or firearms, training on the following topics from a qualified individual2: (1) Safety, parts, and operation of pyrotechnic launchers (2) Fundamentals of using pyrotechnics to safely and effectively disperse wildlife (3) Personnel protective equipment (4) Cleaning, storage, and transport of firearms and pyrotechnic launchers (5) Applicable local, State, and Federal regulations on firearms, pyrotechnic launchers, and pyrotechnics3 (6) Live fire training with pyrotechnic launchers including strategies for dispersing wildlife away from runways and aircraft movement corridors (7) For any airport personnel using firearms, live fire training. This training is highly recommended from a qualified individual but not a requirement for this training program2. g. Any other training required by local, State, or Federal regulations 2. Recommendations. a. Exams or tests may be oral, written, practical demonstrations, or a combination of all three. b. The Trainer should retain passing grades/evaluations records. c. The Trainer should retain course attendance records for a period of three years. d. Airport personnel responsible for the airport’s wildlife hazard management program should retain records of those to whom instruction in airport wildlife hazard management has been given for the period of time during which the employees conduct hazardous wildlife management activity on the airport and for six months after termination of employment.

1

State Certificated Hunter Safety Instructors, police officers, firearms instructors and other personnel who have been professionally trained in firearms safety should be qualified to teach firearm safety and possibly the safe use of pyrotechnic launchers. Pyrotechnics are classified as high explosives by the Bureau of Alcohol Tobacco and Firearms (ATF) and as Division 1.4 explosives by the U.S. Department of Transportation. There are numerous regulations, security considerations, and ATF licensing requirements that apply to pyrotechnics. 2

Airport personnel actively involved with the use of firearms for the mitigation of wildlife hazards should receive and maintain current firearms training from either a licensed National Rifle Association (NRA) instructor or other qualified individual. This training should include type and caliber of weapon used at the airport.

3

Bureau of Alcohol, Tobacco and Firearms provides information on Federal explosive requirements for explosive pest control devices at: http://www.atf.gov/explosives/how-to/documents/epcd-flyer.pdf.

83 13

U.S. Department of Transportation Federal Aviation Administration Subject: HAZARDOUS WILDLIFE ATTRACTANTS ON OR NEAR AIRPORTS

Advisory Circular Date: 8/28/2007

AC No: 150/5200-33B

Initiated by: AAS-300

Change:

1. PURPOSE. This Advisory Circular (AC) provides guidance on certain land uses that have the potential to attract hazardous wildlife on or near public-use airports. It also discusses airport development projects (including airport construction, expansion, and renovation) affecting aircraft movement near hazardous wildlife attractants. Appendix 1 provides definitions of terms used in this AC. 2. APPLICABILITY. The Federal Aviation Administration (FAA) recommends that public-use airport operators implement the standards and practices contained in this AC. The holders of Airport Operating Certificates issued under Title 14, Code of Federal Regulations (CFR), Part 139, Certification of Airports, Subpart D (Part 139), may use the standards, practices, and recommendations contained in this AC to comply with the wildlife hazard management requirements of Part 139. Airports that have received Federal grant-in-aid assistance must use these standards. The FAA also recommends the guidance in this AC for land-use planners, operators of noncertificated airports, and developers of projects, facilities, and activities on or near airports. 3. CANCELLATION. This AC cancels AC 150/5200-33A, Hazardous Wildlife Attractants on or near Airports, dated July 27, 2004. 4. PRINCIPAL CHANGES. This AC contains the following major changes, which are marked with vertical bars in the margin: a.

Technical changes to paragraph references.

b.

Wording on storm water detention ponds.

c.

Deleted paragraph 4-3.b, Additional Coordination.

5. BACKGROUND. Information about the risks posed to aircraft by certain wildlife species has increased a great deal in recent years. Improved reporting, studies, documentation, and statistics clearly show that aircraft collisions with birds and other wildlife are a serious economic and public safety problem. While many species of wildlife can pose a threat to aircraft safety, they are not equally hazardous. Table 1 84

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ranks the wildlife groups commonly involved in damaging strikes in the United States according to their relative hazard to aircraft. The ranking is based on the 47,212 records in the FAA National Wildlife Strike Database for the years 1990 through 2003. These hazard rankings, in conjunction with site-specific Wildlife Hazards Assessments (WHA), will help airport operators determine the relative abundance and use patterns of wildlife species and help focus hazardous wildlife management efforts on those species most likely to cause problems at an airport. Most public-use airports have large tracts of open, undeveloped land that provide added margins of safety and noise mitigation. These areas can also present potential hazards to aviation if they encourage wildlife to enter an airport's approach or departure airspace or air operations area (AOA). Constructed or natural areas—such as poorly drained locations, detention/retention ponds, roosting habitats on buildings, landscaping, odorcausing rotting organic matter (putrescible waste) disposal operations, wastewater treatment plants, agricultural or aquaculture activities, surface mining, or wetlands—can provide wildlife with ideal locations for feeding, loafing, reproduction, and escape. Even small facilities, such as fast food restaurants, taxicab staging areas, rental car facilities, aircraft viewing areas, and public parks, can produce substantial attractions for hazardous wildlife. During the past century, wildlife-aircraft strikes have resulted in the loss of hundreds of lives worldwide, as well as billions of dollars in aircraft damage. Hazardous wildlife attractants on and near airports can jeopardize future airport expansion, making proper community land-use planning essential. This AC provides airport operators and those parties with whom they cooperate with the guidance they need to assess and address potentially hazardous wildlife attractants when locating new facilities and implementing certain land-use practices on or near public-use airports. 6. MEMORANDUM OF AGREEMENT BETWEEN FEDERAL RESOURCE AGENCIES. The FAA, the U.S. Air Force, the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, and the U.S. Department of Agriculture - Wildlife Services signed a Memorandum of Agreement (MOA) in July 2003 to acknowledge their respective missions in protecting aviation from wildlife hazards. Through the MOA, the agencies established procedures necessary to coordinate their missions to address more effectively existing and future environmental conditions contributing to collisions between wildlife and aircraft (wildlife strikes) throughout the United States. These efforts are intended to minimize wildlife risks to aviation and human safety while protecting the Nation’s valuable environmental resources.

DAVID L. BENNETT Director, Office of Airport Safety and Standards ii

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Table 1. Ranking of 25 species groups as to relative hazard to aircraft (1=most hazardous) based on three criteria (damage, major damage, and effect-on-flight), a composite ranking based on all three rankings, and a relative hazard score. Data were derived from the FAA 1 National Wildlife Strike Database, January 1990–April 2003. Ranking by criteria Species group Deer

Damage 4 1

Major damage 5 Effect on flight 6 1

1

Composite ranking 2

Relative hazard score 3

1

100

Vultures

2

2

2

2

64

Geese

3

3

6

3

55

Cormorants/pelicans

4

5

3

4

54

Cranes

7

6

4

5

47

Eagles

6

9

7

6

41

Ducks

5

8

10

7

39

Osprey

8

4

8

8

39

Turkey/pheasants

9

7

11

9

33

Herons

11

14

9

10

27

Hawks (buteos)

10

12

12

11

25

Gulls

12

11

13

12

24

Rock pigeon

13

10

14

13

23

Owls

14

13

20

14

23

H. lark/s. bunting

18

15

15

15

17

Crows/ravens

15

16

16

16

16

Coyote

16

19

5

17

14

Mourning dove

17

17

17

18

14

Shorebirds

19

21

18

19

10

Blackbirds/starling

20

22

19

20

10

American kestrel

21

18

21

21

9

Meadowlarks

22

20

22

22

7

Swallows

24

23

24

23

4

Sparrows

25

24

23

24

4

Nighthawks

23

25

25

25

1

1

Excerpted from the Special Report for the FAA, “Ranking the Hazard Level of Wildlife Species to Civil Aviation in the USA: Update #1, July 2, 2003”. Refer to this report for additional explanations of criteria and method of ranking. 2 Relative rank of each species group was compared with every other group for the three variables, placing the species group with the greatest hazard rank for > 2 of the 3 variables above the next highest ranked group, then proceeding down the list. 3 Percentage values, from Tables 3 and 4 in Footnote 1 of the Special Report, for the three criteria were summed and scaled down from 100, with 100 as the score for the species group with the maximum summed values and the greatest potential hazard to aircraft. 4 Aircraft incurred at least some damage (destroyed, substantial, minor, or unknown) from strike. 5 Aircraft incurred damage or structural failure, which adversely affected the structure strength, performance, or flight characteristics, and which would normally require major repair or replacement of the affected component, or the damage sustained makes it inadvisable to restore aircraft to airworthy condition. 6 Aborted takeoff, engine shutdown, precautionary landing, or other. iii

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Table of Contents

SECTION 1. GENERAL SEPARATION CRITERIA FOR HAZARDOUS WILDLIFE ATTRACTANTS ON OR NEAR AIRPORTS. ........................................................................................................................... 1 1-1.

INTRODUCTION................................................................................................................. 1

1-2.

AIRPORTS SERVING PISTON-POWERED AIRCRAFT ................................................... 1

1-3.

AIRPORTS SERVING TURBINE-POWERED AIRCRAFT................................................. 1

1-4.

PROTECTION OF APPROACH, DEPARTURE, AND CIRCLING AIRSPACE.................. 1

SECTION 2. LAND-USE PRACTICES ON OR NEAR AIRPORTS THAT POTENTIALLY ATTRACT HAZARDOUS WILDLIFE .............................................................................................................................. 3 2-1.

GENERAL ........................................................................................................................... 3

2-2.

WASTE DISPOSAL OPERATIONS.................................................................................... 3

2-3.

WATER MANAGEMENT FACILITIES ................................................................................ 5

2-4.

WETLANDS ........................................................................................................................ 8

2-5.

DREDGE SPOIL CONTAINMENT AREAS ........................................................................ 9

2-6.

AGRICULTURAL ACTIVITIES ............................................................................................ 9

2-7.

GOLF COURSES, LANDSCAPING AND OTHER LAND-USE CONSIDERATIONS ...... 10

2-8.

SYNERGISTIC EFFECTS OF SURROUNDING LAND USES ........................................ 11

SECTION 3. PROCEDURES FOR WILDLIFE HAZARD MANAGEMENT BY OPERATORS OF PUBLIC-USE AIRPORTS ........................................................................................................................... 13 3.1.

INTRODUCTION............................................................................................................... 13

3.2.

COORDINATION WITH USDA WILDLIFE SERVICES OR OTHER QUALIFIED WILDLIFE DAMAGE MANAGEMENT BIOLOGISTS ....................................................... 13

3-3.

WILDLIFE HAZARD MANAGEMENT AT AIRPORTS: A MANUAL FOR AIRPORT PERSONNEL .................................................................................................................... 13

3-4.

WILDLIFE HAZARD ASSESSMENTS, TITLE 14, CODE OF FEDERAL REGULATIONS, PART 139 .............................................................................................. 13

3-5.

WILDLIFE HAZARD MANAGEMENT PLAN (WHMP) ..................................................... 14

3-6.

LOCAL COORDINATION ................................................................................................. 14

3-7.

COORDINATION/NOTIFICATION OF AIRMEN OF WILDLIFE HAZARDS .................... 14

SECTION 4. FAA NOTIFICATION AND REVIEW OF PROPOSED LAND-USE PRACTICE CHANGES IN THE VICINITY OF PUBLIC-USE AIRPORTS ..................................................................... 15 4-1.

FAA REVIEW OF PROPOSED LAND-USE PRACTICE CHANGES IN THE VICINITY OF PUBLIC-USE AIRPORTS ........................................................................................... 15

4-2.

WASTE MANAGEMENT FACILITIES .............................................................................. 15

4-3.

OTHER LAND-USE PRACTICE CHANGES .................................................................... 16

APPENDIX 1. DEFINITIONS OF TERMS USED IN THIS ADVISORY CIRCULAR .................................. 19

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SECTION 1. GENERAL SEPARATION CRITERIA FOR HAZARDOUS WILDLIFE ATTRACTANTS ON OR NEAR AIRPORTS. 1-1. INTRODUCTION. When considering proposed land uses, airport operators, local planners, and developers must take into account whether the proposed land uses, including new development projects, will increase wildlife hazards. Land-use practices that attract or sustain hazardous wildlife populations on or near airports can significantly increase the potential for wildlife strikes. The FAA recommends the minimum separation criteria outlined below for land-use practices that attract hazardous wildlife to the vicinity of airports. Please note that FAA criteria include land uses that cause movement of hazardous wildlife onto, into, or across the airport’s approach or departure airspace or air operations area (AOA). (See the discussion of the synergistic effects of surrounding land uses in Section 2-8 of this AC.) The basis for the separation criteria contained in this section can be found in existing FAA regulations. The separation distances are based on (1) flight patterns of pistonpowered aircraft and turbine-powered aircraft, (2) the altitude at which most strikes happen (78 percent occur under 1,000 feet and 90 percent occur under 3,000 feet above ground level), and (3) National Transportation Safety Board (NTSB) recommendations. 1-2. AIRPORTS SERVING PISTON-POWERED AIRCRAFT. Airports that do not sell Jet-A fuel normally serve piston-powered aircraft. Notwithstanding more stringent requirements for specific land uses, the FAA recommends a separation distance of 5,000 feet at these airports for any of the hazardous wildlife attractants mentioned in Section 2 or for new airport development projects meant to accommodate aircraft movement. This distance is to be maintained between an airport’s AOA and the hazardous wildlife attractant. Figure 1 depicts this separation distance measured from the nearest aircraft operations areas. 1-3. AIRPORTS SERVING TURBINE-POWERED AIRCRAFT. Airports selling Jet-A fuel normally serve turbine-powered aircraft. Notwithstanding more stringent requirements for specific land uses, the FAA recommends a separation distance of 10,000 feet at these airports for any of the hazardous wildlife attractants mentioned in Section 2 or for new airport development projects meant to accommodate aircraft movement. This distance is to be maintained between an airport’s AOA and the hazardous wildlife attractant. Figure 1 depicts this separation distance from the nearest aircraft movement areas. 1-4. PROTECTION OF APPROACH, DEPARTURE, AND CIRCLING AIRSPACE. For all airports, the FAA recommends a distance of 5 statute miles between the farthest edge of the airport’s AOA and the hazardous wildlife attractant if the attractant could cause hazardous wildlife movement into or across the approach or departure airspace. 1

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un w ay

Figure 1. Separation distances within which hazardous wildlife attractants should be avoided, eliminated, or mitigated.

R

Taxiway

Taxiway Runway

Apron

Parking Area

PERIMETER A

PERIMETER B

PERIMETER C

PERIMETER A: For airports serving piston-powered aircraft, hazardous wildlife attractants must be 5,000 feet from the nearest air operations area. PERIMETER B: For airports serving turbine-powered aircraft, hazardous wildlife attractants must be 10,000 feet from the nearest air operations area. PERIMETER C: 5-mile range to protect approach, departure and circling airspace.

2

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SECTION 2. LAND-USE PRACTICES ON OR NEAR AIRPORTS THAT POTENTIALLY ATTRACT HAZARDOUS WILDLIFE. 2-1. GENERAL. The wildlife species and the size of the populations attracted to the airport environment vary considerably, depending on several factors, including land-use practices on or near the airport. This section discusses land-use practices having the potential to attract hazardous wildlife and threaten aviation safety. In addition to the specific considerations outlined below, airport operators should refer to Wildlife Hazard Management at Airports, prepared by FAA and U.S. Department of Agriculture (USDA) staff. (This manual is available in English, Spanish, and French. It can be viewed and downloaded free of charge from the FAA’s wildlife hazard mitigation web site: http://wildlife-mitigation.tc.FAA.gov.). And, Prevention and Control of Wildlife Damage, compiled by the University of Nebraska Cooperative Extension Division. (This manual is available online in a periodically updated version at: ianrwww.unl.edu/wildlife/solutions/handbook/.) 2-2. WASTE DISPOSAL OPERATIONS. Municipal solid waste landfills (MSWLF) are known to attract large numbers of hazardous wildlife, particularly birds. Because of this, these operations, when located within the separations identified in the siting criteria in Sections 1-2 through 1-4, are considered incompatible with safe airport operations. a. Siting for new municipal solid waste landfills subject to AIR 21. Section 503 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Public Law 106-181) (AIR 21) prohibits the construction or establishment of a new MSWLF within 6 statute miles of certain public-use airports. Before these prohibitions apply, both the airport and the landfill must meet the very specific conditions described below. These restrictions do not apply to airports or landfills located within the state of Alaska. The airport must (1) have received a Federal grant(s) under 49 U.S.C. § 47101, et. seq.; (2) be under control of a public agency; (3) serve some scheduled air carrier operations conducted in aircraft with less than 60 seats; and (4) have total annual enplanements consisting of at least 51 percent of scheduled air carrier enplanements conducted in aircraft with less than 60 passenger seats. The proposed MSWLF must (1) be within 6 miles of the airport, as measured from airport property line to MSWLF property line, and (2) have started construction or establishment on or after April 5, 2001. Public Law 106-181 only limits the construction or establishment of some new MSWLF. It does not limit the expansion, either vertical or horizontal, of existing landfills. NOTE: Consult the most recent version of AC 150/5200-34, Construction or Establishment of Landfills Near Public Airports, for a more detailed discussion of these restrictions. 92 3

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b. Siting for new MSWLF not subject to AIR 21. If an airport and MSWLF do not meet the restrictions of Public Law 106-181, the FAA recommends against locating MSWLF within the separation distances identified in Sections 1-2 through 1-4. The separation distances should be measured from the closest point of the airport’s AOA to the closest planned MSWLF cell. c. Considerations for existing waste disposal facilities within the limits of separation criteria. The FAA recommends against airport development projects that would increase the number of aircraft operations or accommodate larger or faster aircraft near MSWLF operations located within the separations identified in Sections 1-2 through 1-4. In addition, in accordance with 40 CFR 258.10, owners or operators of existing MSWLF units that are located within the separations listed in Sections 1-2 through 1-4 must demonstrate that the unit is designed and operated so it does not pose a bird hazard to aircraft. (See Section 4-2(b) of this AC for a discussion of this demonstration requirement.) d. Enclosed trash transfer stations. Enclosed waste-handling facilities that receive garbage behind closed doors; process it via compaction, incineration, or similar manner; and remove all residue by enclosed vehicles generally are compatible with safe airport operations, provided they are not located on airport property or within the Runway Protection Zone (RPZ). These facilities should not handle or store putrescible waste outside or in a partially enclosed structure accessible to hazardous wildlife. Trash transfer facilities that are open on one or more sides; that store uncovered quantities of municipal solid waste outside, even if only for a short time; that use semi-trailers that leak or have trash clinging to the outside; or that do not control odors by ventilation and filtration systems (odor masking is not acceptable) do not meet the FAA’s definition of fully enclosed trash transfer stations. The FAA considers these facilities incompatible with safe airport operations if they are located closer than the separation distances specified in Sections 1-2 through 1-4. e. Composting operations on or near airport property. Composting operations that accept only yard waste (e.g., leaves, lawn clippings, or branches) generally do not attract hazardous wildlife. Sewage sludge, woodchips, and similar material are not municipal solid wastes and may be used as compost bulking agents. The compost, however, must never include food or other municipal solid waste. Composting operations should not be located on airport property. Off-airport property composting operations should be located no closer than the greater of the following distances: 1,200 feet from any AOA or the distance called for by airport design requirements (see AC 150/5300-13, Airport Design). This spacing should prevent material, personnel, or equipment from penetrating any Object Free Area (OFA), Obstacle Free Zone (OFZ), Threshold Siting Surface (TSS), or Clearway. Airport operators should monitor composting operations located in proximity to the airport to ensure that steam or thermal rise does not adversely affect air traffic. On-airport disposal of compost by-products should not be conducted for the reasons stated in 2-3f. 93 4

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f. Underwater waste discharges. The FAA recommends against the underwater discharge of any food waste (e.g., fish processing offal) within the separations identified in Sections 1-2 through 1-4 because it could attract scavenging hazardous wildlife. g. Recycling centers. Recycling centers that accept previously sorted non-food items, such as glass, newspaper, cardboard, or aluminum, are, in most cases, not attractive to hazardous wildlife and are acceptable. h. Construction and demolition (C&D) debris facilities. C&D landfills do not generally attract hazardous wildlife and are acceptable if maintained in an orderly manner, admit no putrescible waste, and are not co-located with other waste disposal operations. However, C&D landfills have similar visual and operational characteristics to putrescible waste disposal sites. When co-located with putrescible waste disposal operations, C&D landfills are more likely to attract hazardous wildlife because of the similarities between these disposal facilities. Therefore, a C&D landfill co-located with another waste disposal operation should be located outside of the separations identified in Sections 1-2 through 1-4. i. Fly ash disposal. The incinerated residue from resource recovery power/heatgenerating facilities that are fired by municipal solid waste, coal, or wood is generally not a wildlife attractant because it no longer contains putrescible matter. Landfills accepting only fly ash are generally not considered to be wildlife attractants and are acceptable as long as they are maintained in an orderly manner, admit no putrescible waste of any kind, and are not co-located with other disposal operations that attract hazardous wildlife. Since varying degrees of waste consumption are associated with general incineration (not resource recovery power/heat-generating facilities), the FAA considers the ash from general incinerators a regular waste disposal by-product and, therefore, a hazardous wildlife attractant if disposed of within the separation criteria outlined in Sections 1-2 through 1-4. 2-3. WATER MANAGEMENT FACILITIES. Drinking water intake and treatment facilities, storm water and wastewater treatment facilities, associated retention and settling ponds, ponds built for recreational use, and ponds that result from mining activities often attract large numbers of potentially hazardous wildlife. To prevent wildlife hazards, land-use developers and airport operators may need to develop management plans, in compliance with local and state regulations, to support the operation of storm water management facilities on or near all public-use airports to ensure a safe airport environment. a. Existing storm water management facilities. On-airport storm water management facilities allow the quick removal of surface water, including discharges related to aircraft deicing, from impervious surfaces, such as pavement and terminal/hangar building roofs. Existing on-airport detention ponds collect storm water, protect water quality, and control runoff. Because they slowly release water 94 5

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after storms, they create standing bodies of water that can attract hazardous wildlife. Where the airport has developed a Wildlife Hazard Management Plan (WHMP) in accordance with Part 139, the FAA requires immediate correction of any wildlife hazards arising from existing storm water facilities located on or near airports, using appropriate wildlife hazard mitigation techniques. Airport operators should develop measures to minimize hazardous wildlife attraction in consultation with a wildlife damage management biologist. Where possible, airport operators should modify storm water detention ponds to allow a maximum 48-hour detention period for the design storm. The FAA recommends that airport operators avoid or remove retention ponds and detention ponds featuring dead storage to eliminate standing water. Detention basins should remain totally dry between rainfalls. Where constant flow of water is anticipated through the basin, or where any portion of the basin bottom may remain wet, the detention facility should include a concrete or paved pad and/or ditch/swale in the bottom to prevent vegetation that may provide nesting habitat. When it is not possible to drain a large detention pond completely, airport operators may use physical barriers, such as bird balls, wires grids, pillows, or netting, to deter birds and other hazardous wildlife. When physical barriers are used, airport operators must evaluate their use and ensure they will not adversely affect water rescue. Before installing any physical barriers over detention ponds on Part 139 airports, airport operators must get approval from the appropriate FAA Regional Airports Division Office. The FAA recommends that airport operators encourage off-airport storm water treatment facility operators to incorporate appropriate wildlife hazard mitigation techniques into storm water treatment facility operating practices when their facility is located within the separation criteria specified in Sections 1-2 through 1-4. b. New storm water management facilities. The FAA strongly recommends that offairport storm water management systems located within the separations identified in Sections 1-2 through 1-4 be designed and operated so as not to create aboveground standing water. Stormwater detention ponds should be designed, engineered, constructed, and maintained for a maximum 48–hour detention period after the design storm and remain completely dry between storms. To facilitate the control of hazardous wildlife, the FAA recommends the use of steep-sided, rip-rap lined, narrow, linearly shaped water detention basins. When it is not possible to place these ponds away from an airport’s AOA, airport operators should use physical barriers, such as bird balls, wires grids, pillows, or netting, to prevent access of hazardous wildlife to open water and minimize aircraft-wildlife interactions. When physical barriers are used, airport operators must evaluate their use and ensure they will not adversely affect water rescue. Before installing any physical barriers over detention ponds on Part 139 airports, airport operators must get approval from the appropriate FAA Regional Airports Division Office. All vegetation in or around detention basins that provide food or cover for hazardous wildlife should be eliminated. If soil conditions and other requirements allow, the FAA encourages 95 6

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the use of underground storm water infiltration systems, such as French drains or buried rock fields, because they are less attractive to wildlife. c. Existing wastewater treatment facilities. The FAA strongly recommends that airport operators immediately correct any wildlife hazards arising from existing wastewater treatment facilities located on or near the airport. Where required, a WHMP developed in accordance with Part 139 will outline appropriate wildlife hazard mitigation techniques. Accordingly, airport operators should encourage wastewater treatment facility operators to incorporate measures, developed in consultation with a wildlife damage management biologist, to minimize hazardous wildlife attractants. Airport operators should also encourage those wastewater treatment facility operators to incorporate these mitigation techniques into their standard operating practices. In addition, airport operators should consider the existence of wastewater treatment facilities when evaluating proposed sites for new airport development projects and avoid such sites when practicable. d. New wastewater treatment facilities. The FAA strongly recommends against the construction of new wastewater treatment facilities or associated settling ponds within the separations identified in Sections 1-2 through 1-4. Appendix 1 defines wastewater treatment facility as “any devices and/or systems used to store, treat, recycle, or reclaim municipal sewage or liquid industrial wastes.” The definition includes any pretreatment involving the reduction of the amount of pollutants or the elimination of pollutants prior to introducing such pollutants into a publicly owned treatment works (wastewater treatment facility). During the site-location analysis for wastewater treatment facilities, developers should consider the potential to attract hazardous wildlife if an airport is in the vicinity of the proposed site, and airport operators should voice their opposition to such facilities if they are in proximity to the airport. e. Artificial marshes. In warmer climates, wastewater treatment facilities sometimes employ artificial marshes and use submergent and emergent aquatic vegetation as natural filters. These artificial marshes may be used by some species of flocking birds, such as blackbirds and waterfowl, for breeding or roosting activities. The FAA strongly recommends against establishing artificial marshes within the separations identified in Sections 1-2 through 1-4. f. Wastewater discharge and sludge disposal. The FAA recommends against the discharge of wastewater or sludge on airport property because it may improve soil moisture and quality on unpaved areas and lead to improved turf growth that can be an attractive food source for many species of animals. Also, the turf requires more frequent mowing, which in turn may mutilate or flush insects or small animals and produce straw, both of which can attract hazardous wildlife. In addition, the improved turf may attract grazing wildlife, such as deer and geese. Problems may also occur when discharges saturate unpaved airport areas. The resultant soft, muddy conditions can severely restrict or prevent emergency vehicles from reaching accident sites in a timely manner. 96 7

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2-4. WETLANDS. Wetlands provide a variety of functions and can be regulated by local, state, and Federal laws. Normally, wetlands are attractive to many types of wildlife, including many which rank high on the list of hazardous wildlife species (Table 1). NOTE: If questions exist as to whether an area qualifies as a wetland, contact the local division of the U.S. Army Corps of Engineers, the Natural Resources Conservation Service, or a wetland consultant qualified to delineate wetlands. a. Existing wetlands on or near airport property. If wetlands are located on or near airport property, airport operators should be alert to any wildlife use or habitat changes in these areas that could affect safe aircraft operations. At public-use airports, the FAA recommends immediately correcting, in cooperation with local, state, and Federal regulatory agencies, any wildlife hazards arising from existing wetlands located on or near airports. Where required, a WHMP will outline appropriate wildlife hazard mitigation techniques. Accordingly, airport operators should develop measures to minimize hazardous wildlife attraction in consultation with a wildlife damage management biologist. b. New airport development. Whenever possible, the FAA recommends locating new airports using the separations from wetlands identified in Sections 1-2 through 1-4. Where alternative sites are not practicable, or when airport operators are expanding an existing airport into or near wetlands, a wildlife damage management biologist, in consultation with the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers, and the state wildlife management agency should evaluate the wildlife hazards and prepare a WHMP that indicates methods of minimizing the hazards. c. Mitigation for wetland impacts from airport projects. Wetland mitigation may be necessary when unavoidable wetland disturbances result from new airport development projects or projects required to correct wildlife hazards from wetlands. Wetland mitigation must be designed so it does not create a wildlife hazard. The FAA recommends that wetland mitigation projects that may attract hazardous wildlife be sited outside of the separations identified in Sections 1-2 through 1-4. (1) Onsite mitigation of wetland functions. The FAA may consider exceptions to locating mitigation activities outside the separations identified in Sections 1-2 through 1-4 if the affected wetlands provide unique ecological functions, such as critical habitat for threatened or endangered species or ground water recharge, which cannot be replicated when moved to a different location. Using existing airport property is sometimes the only feasible way to achieve the mitigation ratios mandated in regulatory orders and/or settlement agreements with the resource agencies. Conservation easements are an additional means of providing mitigation for project impacts. Typically the airport operator continues to own the property, and an easement is created stipulating that the property will be maintained as habitat for state or Federally listed species.

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Mitigation must not inhibit the airport operator’s ability to effectively control hazardous wildlife on or near the mitigation site or effectively maintain other aspects of safe airport operations. Enhancing such mitigation areas to attract hazardous wildlife must be avoided. The FAA will review any onsite mitigation proposals to determine compatibility with safe airport operations. A wildlife damage management biologist should evaluate any wetland mitigation projects that are needed to protect unique wetland functions and that must be located in the separation criteria in Sections 1-2 through 1-4 before the mitigation is implemented. A WHMP should be developed to reduce the wildlife hazards. (2) Offsite mitigation of wetland functions. The FAA recommends that wetland mitigation projects that may attract hazardous wildlife be sited outside of the separations identified in Sections 1-2 through 1-4 unless they provide unique functions that must remain onsite (see 2-4c(1)). Agencies that regulate impacts to or around wetlands recognize that it may be necessary to split wetland functions in mitigation schemes. Therefore, regulatory agencies may, under certain circumstances, allow portions of mitigation to take place in different locations. (3) Mitigation banking. Wetland mitigation banking is the creation or restoration of wetlands in order to provide mitigation credits that can be used to offset permitted wetland losses. Mitigation banking benefits wetland resources by providing advance replacement for permitted wetland losses; consolidating small projects into larger, better-designed and managed units; and encouraging integration of wetland mitigation projects with watershed planning. This last benefit is most helpful for airport projects, as wetland impacts mitigated outside of the separations identified in Sections 1-2 through 1-4 can still be located within the same watershed. Wetland mitigation banks meeting the separation criteria offer an ecologically sound approach to mitigation in these situations. Airport operators should work with local watershed management agencies or organizations to develop mitigation banking for wetland impacts on airport property. 2-5. DREDGE SPOIL CONTAINMENT AREAS. The FAA recommends against locating dredge spoil containment areas (also known as Confined Disposal Facilities) within the separations identified in Sections 1-2 through 1-4 if the containment area or the spoils contain material that would attract hazardous wildlife. 2-6. AGRICULTURAL ACTIVITIES. Because most, if not all, agricultural crops can attract hazardous wildlife during some phase of production, the FAA recommends against the used of airport property for agricultural production, including hay crops, within the separations identified in Sections 1-2 through 1-4. . If the airport has no financial alternative to agricultural crops to produce income necessary to maintain the viability of the airport, then the airport shall follow the crop distance guidelines listed in the table titled "Minimum Distances between Certain Airport Features and Any OnAirport Agricultural Crops" found in AC 150/5300-13, Airport Design, Appendix 17. The cost of wildlife control and potential accidents should be weighed against the income produced by the on-airport crops when deciding whether to allow crops on the airport. 98 9

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a. Livestock production. Confined livestock operations (i.e., feedlots, dairy operations, hog or chicken production facilities, or egg laying operations) often attract flocking birds, such as starlings, that pose a hazard to aviation. Therefore, The FAA recommends against such facilities within the separations identified in Sections 1-2 through 1-4. Any livestock operation within these separations should have a program developed to reduce the attractiveness of the site to species that are hazardous to aviation safety. Free-ranging livestock must not be grazed on airport property because the animals may wander onto the AOA. Furthermore, livestock feed, water, and manure may attract birds. b. Aquaculture. Aquaculture activities (i.e. catfish or trout production) conducted outside of fully enclosed buildings are inherently attractive to a wide variety of birds. Existing aquaculture facilities/activities within the separations listed in Sections 1-2 through 1-4 must have a program developed to reduce the attractiveness of the sites to species that are hazardous to aviation safety. Airport operators should also oppose the establishment of new aquaculture facilities/activities within the separations listed in Sections 1-2 through 1-4. c. Alternative uses of agricultural land. Some airports are surrounded by vast areas of farmed land within the distances specified in Sections 1-2 through 1-4. Seasonal uses of agricultural land for activities such as hunting can create a hazardous wildlife situation. In some areas, farmers will rent their land for hunting purposes. Rice farmers, for example, flood their land during waterfowl hunting season and obtain additional revenue by renting out duck blinds. The duck hunters then use decoys and call in hundreds, if not thousands, of birds, creating a tremendous threat to aircraft safety. A wildlife damage management biologist should review, in coordination with local farmers and producers, these types of seasonal land uses and incorporate them into the WHMP. 2-7. GOLF COURSES, LANDSCAPING AND OTHER LAND-USE CONSIDERATIONS. a. Golf courses. The large grassy areas and open water found on most golf courses are attractive to hazardous wildlife, particularly Canada geese and some species of gulls. These species can pose a threat to aviation safety. The FAA recommends against construction of new golf courses within the separations identified in Sections 1-2 through 1-4. Existing golf courses located within these separations must develop a program to reduce the attractiveness of the sites to species that are hazardous to aviation safety. Airport operators should ensure these golf courses are monitored on a continuing basis for the presence of hazardous wildlife. If hazardous wildlife is detected, corrective actions should be immediately implemented. b. Landscaping and landscape maintenance. Depending on its geographic location, landscaping can attract hazardous wildlife. The FAA recommends that airport operators approach landscaping with caution and confine it to airport areas not associated with aircraft movements. A wildlife damage management biologist should review all landscaping plans. Airport operators should also monitor all landscaped areas on a continuing basis for the presence of hazardous wildlife. If 10

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AC 150/5200-33B

is

detected,

corrective

actions

should

be

immediately

Turf grass areas can be highly attractive to a variety of hazardous wildlife species. Research conducted by the USDA Wildlife Services’ National Wildlife Research Center has shown that no one grass management regime will deter all species of hazardous wildlife in all situations. In cooperation with wildlife damage management biologist, airport operators should develop airport turf grass management plans on a prescription basis, depending on the airport’s geographic locations and the type of hazardous wildlife likely to frequent the airport Airport operators should ensure that plant varieties attractive to hazardous wildlife are not used on the airport. Disturbed areas or areas in need of re-vegetating should not be planted with seed mixtures containing millet or any other large-seed producing grass. For airport property already planted with seed mixtures containing millet, rye grass, or other large-seed producing grasses, the FAA recommends disking, plowing, or another suitable agricultural practice to prevent plant maturation and seed head production. Plantings should follow the specific recommendations for grass management and seed and plant selection made by the State University Cooperative Extension Service, the local office of Wildlife Services, or a qualified wildlife damage management biologist. Airport operators should also consider developing and implementing a preferred/prohibited plant species list, reviewed by a wildlife damage management biologist, which has been designed for the geographic location to reduce the attractiveness to hazardous wildlife for landscaping airport property. c. Airports surrounded by wildlife habitat. The FAA recommends that operators of airports surrounded by woodlands, water, or wetlands refer to Section 2.4 of this AC. Operators of such airports should provide for a Wildlife Hazard Assessment (WHA) conducted by a wildlife damage management biologist. This WHA is the first step in preparing a WHMP, where required. d. Other hazardous wildlife attractants. Other specific land uses or activities (e.g., sport or commercial fishing, shellfish harvesting, etc.), perhaps unique to certain regions of the country, have the potential to attract hazardous wildlife. Regardless of the source of the attraction, when hazardous wildlife is noted on a public-use airport, airport operators must take prompt remedial action(s) to protect aviation safety. 2-8. SYNERGISTIC EFFECTS OF SURROUNDING LAND USES. There may be circumstances where two (or more) different land uses that would not, by themselves, be considered hazardous wildlife attractants or that are located outside of the separations identified in Sections 1-2 through 1-4 that are in such an alignment with the airport as to create a wildlife corridor directly through the airport and/or surrounding airspace. An example of this situation may involve a lake located outside of the separation criteria on the east side of an airport and a large hayfield on the west side of an airport, land uses that together could create a flyway for Canada geese directly across the airspace of the airport. There are numerous examples of such situations; 100 11

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therefore, airport operators and the wildlife damage management biologist must consider the entire surrounding landscape and community when developing the WHMP.

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SECTION 3. PROCEDURES FOR WILDLIFE HAZARD MANAGEMENT BY OPERATORS OF PUBLIC-USE AIRPORTS. 3.1. INTRODUCTION. In recognition of the increased risk of serious aircraft damage or the loss of human life that can result from a wildlife strike, the FAA may require the development of a Wildlife Hazard Management Plan (WHMP) when specific triggering events occur on or near the airport. Part 139.337 discusses the specific events that trigger a Wildlife Hazard Assessment (WHA) and the specific issues that a WHMP must address for FAA approval and inclusion in an Airport Certification Manual. 3.2. COORDINATION WITH USDA WILDLIFE SERVICES OR OTHER QUALIFIED WILDLIFE DAMAGE MANAGEMENT BIOLOGISTS. The FAA will use the Wildlife Hazard Assessment (WHA) conducted in accordance with Part 139 to determine if the airport needs a WHMP. Therefore, persons having the education, training, and expertise necessary to assess wildlife hazards must conduct the WHA. The airport operator may look to Wildlife Services or to qualified private consultants to conduct the WHA. When the services of a wildlife damage management biologist are required, the FAA recommends that land-use developers or airport operators contact a consultant specializing in wildlife damage management or the appropriate state director of Wildlife Services. NOTE: Telephone numbers for the respective USDA Wildlife Services state offices can be obtained by contacting USDA Wildlife Services Operational Support Staff, 4700 River Road, Unit 87, Riverdale, MD, 20737-1234, Telephone (301) 734-7921, Fax (301) 734-5157 (http://www.aphis.usda.gov/ws/). 3-3. WILDLIFE HAZARD MANAGEMENT AT AIRPORTS: A MANUAL FOR AIRPORT PERSONNEL. This manual, prepared by FAA and USDA Wildlife Services staff, contains a compilation of information to assist airport personnel in the development, implementation, and evaluation of WHMPs at airports. The manual includes specific information on the nature of wildlife strikes, legal authority, regulations, wildlife management techniques, WHAs, WHMPs, and sources of help and information. The manual is available in three languages: English, Spanish, and French. It can be viewed and downloaded free of charge from the FAA’s wildlife hazard mitigation web site: http://wildlife-mitigation.tc.FAA.gov/. This manual only provides a starting point for addressing wildlife hazard issues at airports. Hazardous wildlife management is a complex discipline and conditions vary widely across the United States. Therefore, qualified wildlife damage management biologists must direct the development of a WHMP and the implementation of management actions by airport personnel. There are many other resources complementary to this manual for use in developing and implementing WHMPs. Several are listed in the manual's bibliography. 3-4. WILDLIFE HAZARD ASSESSMENTS, TITLE 14, CODE OF FEDERAL REGULATIONS, PART 139. Part 139.337(b) requires airport operators to conduct a Wildlife Hazard Assessment (WHA) when certain events occur on or near the airport. 102 13

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Part 139.337 (c) provides specific guidance as to what facts must be addressed in a WHA. 3-5. WILDLIFE HAZARD MANAGEMENT PLAN (WHMP). The FAA will consider the results of the WHA, along with the aeronautical activity at the airport and the views of the airport operator and airport users, in determining whether a formal WHMP is needed, in accordance with Part 139.337. If the FAA determines that a WHMP is needed, the airport operator must formulate and implement a WHMP, using the WHA as the basis for the plan. The goal of an airport’s Wildlife Hazard Management Plan is to minimize the risk to aviation safety, airport structures or equipment, or human health posed by populations of hazardous wildlife on and around the airport. The WHMP must identify hazardous wildlife attractants on or near the airport and the appropriate wildlife damage management techniques to minimize the wildlife hazard. It must also prioritize the management measures. 3-6. LOCAL COORDINATION. The establishment of a Wildlife Hazards Working Group (WHWG) will facilitate the communication, cooperation, and coordination of the airport and its surrounding community necessary to ensure the effectiveness of the WHMP. The cooperation of the airport community is also necessary when new projects are considered. Whether on or off the airport, the input from all involved parties must be considered when a potentially hazardous wildlife attractant is being proposed. Airport operators should also incorporate public education activities with the local coordination efforts because some activities in the vicinity of your airport, while harmless under normal leisure conditions, can attract wildlife and present a danger to aircraft. For example, if public trails are planned near wetlands or in parks adjoining airport property, the public should know that feeding birds and other wildlife in the area may pose a risk to aircraft. Airport operators should work with local and regional planning and zoning boards so as to be aware of proposed land-use changes, or modification of existing land uses, that could create hazardous wildlife attractants within the separations identified in Sections 1-2 through 1-4. Pay particular attention to proposed land uses involving creation or expansion of waste water treatment facilities, development of wetland mitigation sites, or development or expansion of dredge spoil containment areas. At the very least, airport operators must ensure they are on the notification list of the local planning board or equivalent review entity for all communities located within 5 miles of the airport, so they will receive notification of any proposed project and have the opportunity to review it for attractiveness to hazardous wildlife. 3-7 COORDINATION/NOTIFICATION OF AIRMEN OF WILDLIFE HAZARDS. If an existing land-use practice creates a wildlife hazard and the land-use practice or wildlife hazard cannot be immediately eliminated, airport operators must issue a Notice to Airmen (NOTAM) and encourage the land–owner or manager to take steps to control the wildlife hazard and minimize further attraction. 103 14

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SECTION 4. FAA NOTIFICATION AND REVIEW OF PROPOSED LAND-USE PRACTICE CHANGES IN THE VICINITY OF PUBLIC-USE AIRPORTS 4-1. FAA REVIEW OF PROPOSED LAND-USE PRACTICE CHANGES IN THE VICINITY OF PUBLIC-USE AIRPORTS. a. The FAA discourages the development of waste disposal and other facilities, discussed in Section 2, located within the 5,000/10,000-foot criteria specified in Sections 1-2 through 1-4. b. For projects that are located outside the 5,000/10,000-foot criteria but within 5 statute miles of the airport’s AOA, the FAA may review development plans, proposed land-use changes, operational changes, or wetland mitigation plans to determine if such changes present potential wildlife hazards to aircraft operations. The FAA considers sensitive airport areas as those that lie under or next to approach or departure airspace. This brief examination should indicate if further investigation is warranted. c. Where a wildlife damage management biologist has conducted a further study to evaluate a site's compatibility with airport operations, the FAA may use the study results to make a determination. 4-2.

WASTE MANAGEMENT FACILITIES.

a. Notification of new/expanded project proposal. Section 503 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Public Law 106-181) limits the construction or establishment of new MSWLF within 6 statute miles of certain public-use airports, when both the airport and the landfill meet very specific conditions. See Section 2-2 of this AC and AC 150/5200-34 for a more detailed discussion of these restrictions. The Environmental Protection Agency (EPA) requires any MSWLF operator proposing a new or expanded waste disposal operation within 5 statute miles of a runway end to notify the appropriate FAA Regional Airports Division Office and the airport operator of the proposal (40 CFR 258, Criteria for Municipal Solid Waste Landfills, Section 258.10, Airport Safety). The EPA also requires owners or operators of new MSWLF units, or lateral expansions of existing MSWLF units, that are located within 10,000 feet of any airport runway end used by turbojet aircraft, or within 5,000 feet of any airport runway end used only by piston-type aircraft, to demonstrate successfully that such units are not hazards to aircraft. (See 4-2.b below.) When new or expanded MSWLF are being proposed near airports, MSWLF operators must notify the airport operator and the FAA of the proposal as early as possible pursuant to 40 CFR 258. 104 15

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b. Waste handling facilities within separations identified in Sections 1-2 through 1-4. To claim successfully that a waste-handling facility sited within the separations identified in Sections 1-2 through 1-4 does not attract hazardous wildlife and does not threaten aviation, the developer must establish convincingly that the facility will not handle putrescible material other than that as outlined in 2-2.d. The FAA strongly recommends against any facility other than that as outlined in 2-2.d (enclosed transfer stations). The FAA will use this information to determine if the facility will be a hazard to aviation. c. Putrescible-Waste Facilities. In their effort to satisfy the EPA requirement, some putrescible-waste facility proponents may offer to undertake experimental measures to demonstrate that their proposed facility will not be a hazard to aircraft. To date, no such facility has been able to demonstrate an ability to reduce and sustain hazardous wildlife to levels that existed before the putrescible-waste landfill began operating. For this reason, demonstrations of experimental wildlife control measures may not be conducted within the separation identified in Sections 1-2 through 1-4. 4-3. OTHER LAND-USE PRACTICE CHANGES. As a matter of policy, the FAA encourages operators of public-use airports who become aware of proposed land use practice changes that may attract hazardous wildlife within 5 statute miles of their airports to promptly notify the FAA. The FAA also encourages proponents of such land use changes to notify the FAA as early in the planning process as possible. Advanced notice affords the FAA an opportunity (1) to evaluate the effect of a particular land-use change on aviation safety and (2) to support efforts by the airport sponsor to restrict the use of land next to or near the airport to uses that are compatible with the airport. The airport operator, project proponent, or land-use operator may use FAA Form 74601, Notice of Proposed Construction or Alteration, or other suitable documents similar to FAA Form 7460-1 to notify the appropriate FAA Regional Airports Division Office. Project proponents can contact the appropriate FAA Regional Airports Division Office for assistance with the notification process. It is helpful if the notification includes a 15-minute quadrangle map of the area identifying the location of the proposed activity. The land-use operator or project proponent should also forward specific details of the proposed land-use change or operational change or expansion. In the case of solid waste landfills, the information should include the type of waste to be handled, how the waste will be processed, and final disposal methods. a. Airports that have received Federal grant-in-aid assistance. Airports that have received Federal grant-in-aid assistance are required by their grant assurances to take appropriate actions to restrict the use of land next to or near the airport to uses that are compatible with normal airport operations. The FAA recommends that airport operators to the extent practicable oppose off-airport land-use changes or practices within the separations identified in Sections 1-2 through 1-4 that may attract hazardous wildlife. Failure to do so may lead to noncompliance with applicable grant assurances. The FAA will not approve the placement of airport 105 16

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development projects pertaining to aircraft movement in the vicinity of hazardous wildlife attractants without appropriate mitigating measures. Increasing the intensity of wildlife control efforts is not a substitute for eliminating or reducing a proposed wildlife hazard. Airport operators should identify hazardous wildlife attractants and any associated wildlife hazards during any planning process for new airport development projects.

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APPENDIX 1. DEFINITIONS OF TERMS USED IN THIS ADVISORY CIRCULAR. 1. GENERAL. This appendix provides definitions of terms used throughout this AC. 1.

Air operations area. Any area of an airport used or intended to be used for landing, takeoff, or surface maneuvering of aircraft. An air operations area includes such paved areas or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiways, or apron.

2.

Airport operator. The operator (private or public) or sponsor of a public-use airport.

3.

Approach or departure airspace. The airspace, within 5 statute miles of an airport, through which aircraft move during landing or takeoff.

4.

Bird balls. High-density plastic floating balls that can be used to cover ponds and prevent birds from using the sites.

5.

Certificate holder. The holder of an Airport Operating Certificate issued under Title 14, Code of Federal Regulations, Part 139.

6.

Construct a new MSWLF. To begin to excavate, grade land, or raise structures to prepare a municipal solid waste landfill as permitted by the appropriate regulatory or permitting agency.

7.

Detention ponds. Storm water management ponds that hold storm water for short periods of time, a few hours to a few days.

8.

Establish a new MSWLF. When the first load of putrescible waste is received on-site for placement in a prepared municipal solid waste landfill.

9.

Fly ash. The fine, sand-like residue resulting from the complete incineration of an organic fuel source. Fly ash typically results from the combustion of coal or waste used to operate a power generating plant.

10. General aviation aircraft. Any civil aviation aircraft not operating under 14 CFR Part 119, Certification: Air Carriers and Commercial Operators. 11. Hazardous wildlife. Species of wildlife (birds, mammals, reptiles), including feral animals and domesticated animals not under control, that are associated with aircraft strike problems, are capable of causing structural damage to airport facilities, or act as attractants to other wildlife that pose a strike hazard 12. Municipal Solid Waste Landfill (MSWLF). A publicly or privately owned discrete area of land or an excavation that receives household waste and that is not a land application unit, surface impoundment, injection well, or waste pile, as those terms are defined under 40 CFR § 257.2. An MSWLF may receive 108 19

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other types wastes, such as commercial solid waste, non-hazardous sludge, small-quantity generator waste, and industrial solid waste, as defined under 40 CFR § 258.2. An MSWLF can consist of either a stand alone unit or several cells that receive household waste. 13. New MSWLF. A municipal solid waste landfill that was established or constructed after April 5, 2001. 14. Piston-powered aircraft. Fixed-wing aircraft powered by piston engines. 15. Piston-use airport. Any airport that does not sell Jet-A fuel for fixed-wing turbine-powered aircraft, and primarily serves fixed-wing, piston-powered aircraft. Incidental use of the airport by turbine-powered, fixed-wing aircraft would not affect this designation. However, such aircraft should not be based at the airport. 16. Public agency. A State or political subdivision of a State, a tax-supported organization, or an Indian tribe or pueblo (49 U.S.C. § 47102(19)). 17. Public airport. An airport used or intended to be used for public purposes that is under the control of a public agency; and of which the area used or intended to be used for landing, taking off, or surface maneuvering of aircraft is publicly owned (49 U.S.C. § 47102(20)). 18. Public-use airport. An airport used or intended to be used for public purposes, and of which the area used or intended to be used for landing, taking off, or surface maneuvering of aircraft may be under the control of a public agency or privately owned and used for public purposes (49 U.S.C. § 47102(21)). 19. Putrescible waste. Solid waste that contains organic matter capable of being decomposed by micro-organisms and of such a character and proportion as to be capable of attracting or providing food for birds (40 CFR §257.3-8). 20. Putrescible-waste disposal operation. Landfills, garbage dumps, underwater waste discharges, or similar facilities where activities include processing, burying, storing, or otherwise disposing of putrescible material, trash, and refuse. 21. Retention ponds. Storm water management ponds that hold water for several months. 22. Runway protection zone (RPZ). An area off the runway end to enhance the protection of people and property on the ground (see AC 150/5300-13). The dimensions of this zone vary with the airport design, aircraft, type of operation, and visibility minimum. 23. Scheduled air carrier operation. Any common carriage passenger-carrying operation for compensation or hire conducted by an air carrier or commercial 109 20

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operator for which the air carrier, commercial operator, or their representative offers in advance the departure location, departure time, and arrival location. It does not include any operation that is conducted as a supplemental operation under 14 CFR Part 119 or as a public charter operation under 14 CFR Part 380 (14 CFR § 119.3). 24. Sewage sludge. Any solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge includes, but is not limited to, domestic septage; scum or solids removed in primary, secondary, or advanced wastewater treatment process; and a material derived from sewage sludge. Sewage does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works. (40 CFR 257.2) 25. Sludge. Any solid, semi-solid, or liquid waste generated form a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility or any other such waste having similar characteristics and effect. (40 CFR 257.2) 26. Solid waste. Any garbage, refuse, sludge, from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material, including, solid liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved material in irrigation return flows or industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880), or source, special nuclear, or by product material as defined by the Atomic Energy Act of 1954, as amended, (68 Stat. 923). (40 CFR 257.2) 27. Turbine-powered aircraft. Aircraft powered by turbine engines including turbojets and turboprops but excluding turbo-shaft rotary-wing aircraft. 28. Turbine-use airport. Any airport that sells Jet-A fuel for fixed-wing turbinepowered aircraft. 29. Wastewater treatment facility. Any devices and/or systems used to store, treat, recycle, or reclaim municipal sewage or liquid industrial wastes, including Publicly Owned Treatment Works (POTW), as defined by Section 212 of the Federal Water Pollution Control Act (P.L. 92-500) as amended by the Clean Water Act of 1977 (P.L. 95-576) and the Water Quality Act of 1987 (P.L. 100-4). This definition includes any pretreatment involving the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. (See 40 CFR Section 403.3 (q), (r), & (s)). 110 21

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30. Wildlife. Any wild animal, including without limitation any wild mammal, bird, reptile, fish, amphibian, mollusk, crustacean, arthropod, coelenterate, or other invertebrate, including any part, product, egg, or offspring thereof (50 CFR 10.12, Taking, Possession, Transportation, Sale, Purchase, Barter, Exportation, and Importation of Wildlife and Plants). As used in this AC, wildlife includes feral animals and domestic animals out of the control of their owners (14 CFR Part 139, Certification of Airports). 31. Wildlife attractants. Any human-made structure, land-use practice, or humanmade or natural geographic feature that can attract or sustain hazardous wildlife within the landing or departure airspace or the airport’s AOA. These attractants can include architectural features, landscaping, waste disposal sites, wastewater treatment facilities, agricultural or aquaculture activities, surface mining, or wetlands. 32. Wildlife hazard. A potential for a damaging aircraft collision with wildlife on or near an airport. 33. Wildlife strike. A wildlife strike is deemed to have occurred when: a. A pilot reports striking 1 or more birds or other wildlife; b. Aircraft maintenance personnel identify aircraft damage as having been caused by a wildlife strike; c. Personnel on the ground report seeing an aircraft strike 1 or more birds or other wildlife; d. Bird or other wildlife remains, whether in whole or in part, are found within 200 feet of a runway centerline, unless another reason for the animal's death is identified; e. The animal's presence on the airport had a significant negative effect on a flight (i.e., aborted takeoff, aborted landing, high-speed emergency stop, aircraft left pavement area to avoid collision with animal) (Transport Canada, Airports Group, Wildlife Control Procedures Manual, Technical Publication 11500E, 1994). 2. RESERVED.

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GENERAL SERVICES ADMINISTRATION MAIL: 12200-B Airport Road, Jackson, CA 95642 LOCATION: 12200-B Airport Road, Martell, CA PHONE: (209) 223-6744 FAX: (209) 223-0749 E-MAIL: [email protected]

SUMMARY MEMORANDUM TO:

Board of Supervisors

FROM:

Jon Hopkins, GSA Director

DATE:

January 16, 2018

SUBJECT:

Discussion and possible action regarding the differences between an Airport Land Use Plan (ALUP) Hazardous Wildlife Attractants on or Near Airports and the Airport Wildlife Hazard Assessment

Background: Amador County Planning Department began the update of the Existing Airport Land Use Compatibility Plan (ALUCP) prior to June 11, 2012. The Planning Dept. hired Environmental Science Associates (ESA) to prepare the ALUCP using information provided by Caltrans Division of Aeronautics and Federal Aviation Administration (FAA) Advisory Circulars relevant to the ALUCP. The Hazardous Wildlife Attractants is a portion of the ALUCP update and is managed by the Planning Department. On September 12, 2017, the Board of Supervisors approved a Grant Offer from the FAA to conduct a Wildlife Hazard Assessment of the Airport property. This project is to assess mitigation measures to keep wildlife away from the runway and is managed by the Airport. Subject or Key Issue: Discussion and possible action regarding distinctions between both projects especially in regards to their overall effect. Analysis: The Hazardous Wildlife Attractants portion of the ALUCP update and the Wildlife Hazard Assessment of the Airport property are two separate projects controlled by two different County departments. Both of these projects are subject to compliance with the FAA Advisory Circulars specific to each project. The Advisory Circular (AC) associated with the Hazardous Wildlife Attractants is AC 150/5200-33B Hazardous Wildlife Attractants on or Near Airports (see attached). The purpose is to assess and determine the possibility of land uses within five (5) miles of the Airport as to whether the land uses will attract wildlife (specifically birds) that could transition across the Airport’s approach, departure and circling airspace. The AC Associated with the Airport’s Wildlife Hazard Assessment is AC No. 150/5200-36A Qualifications for Wildlife Biologist Conducting Wildlife Hazard Assessments and Training curriculums for Airport Personnel involved in Controlling Wildlife Hazards on Airports (see attached). The Airport’s Wildlife Hazard Assessment is an assessment of wildlife on Airport property. Alternatives: N/A Fiscal or Staffing Impacts: N/A 4/5ths vote:

N/A

Recommendation(s): Discussion and possible action c:

Chuck Iley, CAO file

112

Board of Supervisors Agenda Item Report Submitting Department: Board of Supervisors Meeting Date: January 23, 2018 SUBJECT Minutes: Review and possible approval of the January 9, 2018 Board of Supervisors Meeting Minutes Recommendation: Approval 4/5 vote required: No Distribution Instructions: None ATTACHMENTS 

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Amador County Board of Supervisors ACTION MINUTES REGULAR MEETING DATE: TIME: LOCATION:

Tuesday, January 9, 2018 8:30 a.m. County Administration Center, 810 Court Street, Jackson, California

The Board of Supervisors of the County of Amador met at the County Administration Center, 810 Court Street, Jackson, California, on the above date pursuant to adjournment, and the following proceedings were had, to wit:

Present on Roll Call: Richard M. Forster, District II-Chairman Lynn A. Morgan, District III-Vice-Chairman Patrick Crew, District I Frank U. Axe, District IV Brian Oneto, District V

Staff:

Charles T. Iley, County Administrative Officer Gregory Gillott, County Counsel Jennifer Burns, Clerk of the Board

Absent:

None

NOTE: These minutes remain in Draft form until approved by Minute Order at the next regular meeting of the Board of Supervisors. Any packets prepared by County Staff are hereby incorporated into these minutes by reference as though set forth in full. Any staff report, recommended findings, mitigation measures, conditions, or recommendations which are referred to by Board members in their decisions which are contained in the staff reports are part of these minutes by reference only. Any written material, petitions, packets, or comments received at the hearing also become a part of these minutes by reference.

CLOSED SESSION may be called for labor negotiations (pursuant to Government Code §54957.6), personnel matters (pursuant to Government Code §54957), real estate negotiations/acquisitions (pursuant to Government Code §54956.8), and/or pending or potential litigation (pursuant to Government Code §54956.9). At 8:30 a.m., the

Board convened into closed session. January 9, 2018-DRAFT MINUTES

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REGULAR SESSION: At 9:00 a.m., the Board convened into regular session. Chairman Forster reported the following issues were reviewed in closed session: Conference with Real Property Negotiators: County Negotiators: Charles T. Iley, County Administrative Officer; Jon Hopkins, General Services Director Property: APN 044-540-010 (Health and Human Services Building. 10877 Conductor Boulevard, Sutter Creek, CA) Negotiating Parties: Mark Cunningham, Under Negotiation: Terms and Conditions ACTION: Direction given to staff.

Conference with Labor Negotiators: Pursuant to Government Code Section 54957.6. County Negotiator: Greg Gillott, County Counsel, Chuck Iley, County Administrative Officer, Judy Dias, Human Resources Director and Darrell P. Murray, IEDA. Employee Organization: All Units ACTION: Direction given to staff. Conference with County Counsel: Existing Litigation - {Government Code 54956.9(d) Christopher Stone v County of Amador, Workers Compensation Claim No. 20162000113 Suggested Action: Discussion and possible action relative to existing litigation [Government Code 54956.9 (d) (1) ACTION: Direction given to staff.

PLEDGE OF ALLEGIANCE: of Allegiance.

Chairman Forster led the Board and the public in the Pledge

PUBLIC MATTERS NOT ON THE AGENDA: Discussion items only, no action to be taken. Any person may address the Board at this time upon any subject within the jurisdiction of the Amador County Board of Supervisors; however, any matter that requires action may be referred to staff and/or Committee for a report and recommendation for possible action at a subsequent Board meeting. Please note - there is a three (3) minute limit per person. Plymouth Branch Library Re-Opening: Ms. Laura Einstadter, County Librarian, addressed the Board and this time an announced the Plymouth Branch Library will be re-opening today at 12:30 p.m. and staff will be hosting a grand re-opening celebration on February 9th from 4:00-6:00 p.m. She encouraged the Board and those present to attend and visit the new location, meet staff and enjoy music and light refreshments. AGENDA: Approval of agenda for this date; any and all off-agenda items must be approved by the Board (pursuant to §54954.2 of the Government Code.) ACTION#1: Direction given pursuant to the following motion.

January 9, 2018-DRAFT MINUTES

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MOTION#1: It was moved by Supervisor Morgan, seconded by Supervisor Oneto and unanimously carried to approve the agenda as presented. CONSENT AGENDA: Items listed on the consent agenda (see attached) are considered routine and may be enacted by one motion. Any item may be removed for discussion and possible action, and made a part of the regular agenda at the request of a Board member(s) ACTION #1: Direction given pursuant to the following motion. MOTION #1: It was moved by Supervisor Crew, seconded by Supervisor Axe and unanimously carried to approve the Consent Agenda as presented.

REGULAR AGENDA 2018 Chairman and Vice Chairman: Discussion and possible action relative to the election of the 2018 Chairman and Vice Chairman for the Amador County Board of Supervisors. Supervisor Axe raised concern about the current rotation as the way it is currently written he will not have the opportunity to be Chairman during his term. Discussion ensued with the following action being taken. ACTION:

None. Presentation only.

MOTION: It was moved by Supervisor Forster, seconded by Supervisor Crew and carried to elect Supervisor Morgan as Chairman and Supervisor Oneto as Vice-Chairman for 2018. Ayes: Supervisors Forster, Crew, Oneto and Morgan Noes: Supervisor Axe Passing of the Gavel and Presentation: Passing of the gavel to the4 incoming 2018 Chairman of the Board of Supervisors and presentation of a plaque honoring outgoing Chairman Richard Forster. Chairman Forster took this time to pass the gavel to incoming Chairman Morgan. Chairperson Morgan presented outgoing Chairman Forster. ACTION:

None. Presentation only.

2018 Committee Assignments: Discussion and possible action relative to the 2018 Committee Assignments for Board Members.

Chairperson Morgan stated an amendment needs to be made to the Committee Assignment list as proposed, specifically to the Ad Hoc Committee assignments relative to January 9, 2018-DRAFT MINUTES

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Buena Vista Rancheria Litigation and the Ione Band/Plymouth Casino Litigation. Chairperson Morgan pointed out that Supervisor Oneto cannot serve on these Committees as a potential conflict of interest may occur, therefore she is recommending Supervisor Forster be appointed to said Committees in lieu of Supervisor Oneto. Discussion ensued with the following action being taken. ACTION: Direction given pursuant to the following motion. MOTION: It was moved by Supervisor Forster, seconded by Supervisor Axe and unanimously carried to approve the 2018 Committee Assignments as amended. US Forest Service: Discussion and possible action relative to approval of a Memorandum of Understanding (MOU) between Amador County and the US Forest Service. Mr. Rick Hopson, USFS Forest Service District Ranger, summarized the proposed MOU with the Board and provided some history as to how the MOU was originally established. He stated he feels communication has improved by quantity and quality since the execution of this MOU. He explained he did not make any significant changes to this MOU other than amending the County contacts to be Chairman Morgan and Supervisor Oneto as well as CAO Iley. Discussion ensued with Supervisors Axe and Foster pointing out some minor corrections that should be made prior to execution. The following action was taken. Discussion ensued with the following action being taken. ACTION:

Direction given pursuant to the following motion.

MOTION: It was moved by Supervisor Oneto, seconded by Supervisor Crew and unanimously carried to approve the Memorandum of Understanding between Amador County and the US Forest Service with minor amendments. General Services Administration: Discussion and possible action regarding not receiving two (2) State matching grants for the Wildlife Hazard Assessment and Airport Layout Plan projects for Westover Field. Mr. Dave Sheppard, Airport Manager, addressed the Board and summarized this matter. Discussion ensued with the following action being taken.

ACTION:

Direction given pursuant to the following motion.

January 9, 2018-DRAFT MINUTES

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MOTION: It was moved by Supervisor Axe, seconded by Supervisor Oneto and unanimously carried to continue with the Wildlife Hazard Assessment and Airport Layout Plan update projects for Westover Field utilizing Airport budget resources to fund the additional $7,500.00 per project. State Route 88/Pine Grove Corridor Improvement Project: Presentation by Mr. Jerod Reinking, Interim Public Works Director, and Mr. Matt Brogan, Mark Thomas and Company, provided a report relative to the status of the subject project.

ACTION:

None. Presentation only.

General Services Administration: Discussion and possible action regarding procedures for court appointed investigators and legal runners for incarcerated pro per litigants. Ms. Kim Holland, General Services Senior Administrative Analyst, along with Mr. Rob Klotz, Court Executive Officer and Ms. Laura Whitaker, Senior Court Analyst, addressed the Board and reviewed the staff report relative to this matter which is hereby incorporated into these minutes as though set forth in full. In summary Ms. Holland stated Generals Services and the Court have witnessed a steady increase in criminal inmates wishing to represent themselves in the criminal court utilizing the services of private investigators and legal runners at the expense of the County. In researching this concern it was found that there is no agreed upon qualification procedures or payment mechanism for court appointed investigators or legal runners for incarcerated pro per litigants. She stated the General Services and the Court believe there should be a mechanism in place for the Court and the County to follow. The following individuals wished to speak in support of establishing guidelines and procedures specifically as they relate to an application process and fee structure. Mr. John Ambrose, California Licensed Private Investigator Mr. Bob Fuller, Licensed Private Investigator Discussion ensued with the following action being taken. ACTION:

Direction given pursuant to the following motion.

MOTION: It was moved by Supervisor Forster, seconded by Crew and unanimously carried to approve a partnership with the court to establish procedures for legal runners and investigators specifically as it relates to an application process and fee structure; and direction given to staff to bring the draft procedure back to the Board for review and discussion. Administration Agency: Presentation of a ten year history of Public Works revenues and expenditures.

Mr. Chuck Iley, County Administrative Officer, provided a presentation relative to the ten January 9, 2018-DRAFT MINUTES

5

year history of Public Works revenues and expenditures via Power Point. It should be noted that a complete copy of the report can be viewed online with the agenda materials for this date. The following individuals wished to speak relative to this matter: Mr. Gary Reinoehl, District V resident Mr. Rebecca Brown, District V resident ACTION:

Presentation only.

Minutes: Review and possible approval of the December 5, 2017 and December 19, Board of Supervisors Meeting Minutes. Discussion ensued with the following actions being taken. ACTION #1: Direction given pursuant to the following motion. MOTION #1: It was moved by Supervisor Forster, seconded by Supervisor Crew and unanimously carried to approve the December 5, 2017 Board of Supervisors meeting minutes with minor correction. ACTION #2: Direction given pursuant to the following motion. MOTION #2: It was moved by Supervisor Forster, seconded by Supervisor Axe and unanimously carried to approve the December 19, 2017 Board of Supervisors meeting minutes with minor corrections.

PUBLIC HEARING **10:30 A.M.** Environmental Health: Discussion and possible action relative to a public hearing to consider revising Amador County Code Chapter 7.42. Mr. Mike Israel, Environmental Health Director, addressed the Board and summarized the staff report relative to this matter which is hereby incorporated into these minutes as though set forth in full. In summary he stated, pursuant to Board direction on November 14, 2017, a revised fee ordinance is presented at this time. The revised fee structure will phase in most fee increases over a three-year period. ACTION #1: Public Hearing continued pursuant to the following motion. MOTION #1: It was moved by Supervisor Forster seconded by Supervisor Oneto and January 9, 2018-DRAFT MINUTES

6

unanimously carried to continue this matter to a date certain of January 23, 2018 at 10:30 a.m. at which time staff will present a revised ordinance incorporating language as it relates to fees over 90 days in arrears shall be subject to a 20% late fee and after 190 days 40% shall be incurred. If after nine months no payment has been received or payment plan set up, a hearing to show just cause shall be scheduled. CLOSED SESSION may be called for labor negotiations (pursuant to Government Code §54957.6), personnel matters (pursuant to Government Code §54957), real estate negotiations/acquisitions (pursuant to Government Code §54956.8), and/or pending or potential litigation (pursuant to Government Code §54956.9). At 11:50 a.m., the

Board convened into closed session. Conference with County Counsel: Anticipated Litigation - {Government Code 54956.9(d) (2)} Claim of Julie Thayer ACTION: Claim denied pursuant to the following motion. MOTION: It was moved by Supervisor Oneto, seconded by Supervisor Axe and unanimously carried to deny the subject claim due to liabilities and damages of the County being disputed. Claim of Layla Valdez ACTION: Claim denied pursuant to the following motion. MOTION: It was moved by Supervisor Oneto, seconded by Supervisor Axe and unanimously carried to deny the subject claim due to liabilities and damages of the County being disputed. Confidential Minutes: Approval of the Confidential Minutes of the December 5, 2017 and December 19, 2017 Board Meeting. ACTION: Direction given pursuant to the following motion. MOTION: It was moved by Supervisor Forster, seconded by Supervisor Axe and unanimously carried to approve Confidential Minutes of the December 5, 2017 and December 19, 2017 Board Meeting. At approximately 12:00 p.m., Supervisor Onto left the closed session meeting to avoid any perceived conflict of interest issues due to his family owning property adjacent to the proposed Buena Vista Rancheria Casino site. Upon advice in the form of a letter from the Fair Political Practices Commission (FPPC) informing him that he could not participate in governmental decisions related to the efforts by the Ione Band of Miwoks to take land located near the town of Plymouth into trust for the construction of a proposed casino, Supervisor Onto has recused himself from these matters.

Conference with County Counsel - Existing Litigation {Government Code 54956.9(d)(1)}: January 9, 2018-DRAFT MINUTES

7

County of Amador v. Department of the Interior, et al: In the United States Court of Appeal, District of Columbia Circuit, Case No. 16-5082 ACTION:

Update given.

County of Amador v. The United States Department of the Interior; In the United States Court of Appeal, Ninth Circuit, Case No. 15-17253 ACTION:

Update given.

Conference with County Counsel – Anticipated Litigation {Government Code 54956.9(d) (2)} Buena Vista Rancheria ACTION:

Nothing to report.

REGULAR SESSION: At 12:25 p.m., the Board convened into regular session. Chairperson Morgan reported the above issues were reviewed in closed session.

ADJOURNMENT: Until Tuesday, January 23, 2018, at 8:30 a.m.

_____________________________________ Lynn A. Morgan, Chairperson, Board of Supervisors ATTEST: ______________________________ JENNIFER BURNS, Clerk of the Board of Supervisors, Amador County, California

January 9, 2018-DRAFT MINUTES

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January 9, 2018 Consent Minutes: 8.a. General Services Administration: Approval of Increase to library literacy budget 8.b. Sheriff's Office: Approval of Budget Modification - The Department of Boating and Waterways approved a grant to the Amador County Sheriff's Office in the amount of $12,863.00 for the purchase of side scan sonar support equipment and training aids. We are requesting to increase the projected revenue and expenditure lines equally to facilitate the approved purchases. 8.c. Assessor: Approval of Secured Roll Corrections - value being decreased over $150,000 8.d.

Board of Supervisors: Approval of Updated Resolution declaring a Local State of Emergency in Amador County due to Pervasive Tree Mortality reflecting the increase in the number of trees that have died. (Original resolution adopted on February 23, 2016 and updated on September 13, 2016 and February 28, 2017.) (Resolution #18-001)

8.e. Building Department- Approval of Resolution Authorizing Chairman to sign Agreement to Limit Use of Agricultural Structure for Dennis J. Corelis and Jeanlaurie Ainsworth (Resolution #18-002) 8.f.

Social Services: Approval of Resolution Authorizing the Destruction of Inactive Child Welfare Records from January 1, 1998 through December 31, 1998. (Resolution #18-003)

8.g. Surveying Dept.: Approval of Resolution to set Public Hearing date for a Certificate of Merger and an abandonment of a ten foot (10') wide public utility easement and a Resolution of Intent to Vacate. Assessor Parcel No.'s 23-480-010 and 23-480-011. (Resolution #18-004) 8.h. Treasurer/Tax Collector: Approval of Annual Statement of Investment Policy (Resolution #18-005) 8.i.

Behavioral Health: Approve Agreement with Clean and Sober Recovery Services for FY 2017-2018

8.j.

Behavioral Health: Approve Agreement with Youth for Change dba Strategies Center 04-2017 to 06-2018

8.k. Planning: Approve Third Amendment to Contract - Airport Land Use Compatibility Plan 8.l.

Public Works: Approve Contract Change Order No. 3 - Final Payment 16-03 New York Ranch Road / Ridge Road Intersection Improvement

8.m. Sheriff's Office: Approve contract amendment with California Forensic Medical Group (CFMG) related to dental services to inmates. 8.n. Law Library Committee: Approval of Re-appointment of members for a one-year term ending December 31, 2018: Laura Einstadter; John Allen; Gail S. Smith; Michael T. McEnroe; Andrea C. Sexton. 8.o. Administration: Approval of Appointment of Jered Reinking as Interim Public Works Director effective January 1, 2018 January 9, 2018-DRAFT MINUTES

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8.p. Agriculture: Approval of Records Retention Schedule 8.q. Probation: Approval to Recruit for two open positions of Deputy Probation Officer I/II.

Staff Contacts: Chuck Iley, County Administrative Officer Jennifer Burns, Clerk of the Board Sharon Murphy, Deputy Board Clerk III 810 Court Street, Jackson, California 95642 Telephone (209) 223-6470 FAX# (209) 257-0619 www.amadorgov.org

January 9, 2018-DRAFT MINUTES

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January 9, 2018-DRAFT MINUTES

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January 9, 2018-DRAFT MINUTES

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Board of Supervisors Agenda Item Report Submitting Department: General Services Administration Meeting Date: January 23, 2018 SUBJECT General Services Administration: Capital Facility Fee Annual Disclosure Review and Annual Adjustment Recommendation: Based upon Board feedback; (1) Approve the resolution to accept the 2016/17 Annual Disclosure and Review increasing the CFF by the 3.7% CCI for the County Administration Center portion only and; (2) adjust the CFF in accordance with the updated Nexus Study dated January 4, 2018 for the Jail portion only, effective January 23, 2018, with adjustments for inflation annually thereafter by the change in CCI, as reported in the Engineering News Record for the twelve-month period ending October of the prior year. 4/5 vote required: Yes Distribution Instructions: Chuck Iley, CAO; Auditor-Controller ATTACHMENTS  CFF Report FY16-17.pdf  2016-2017 CFF BOS Annual Disclosure Review Summary Memo 11.30.17.pdf  Attachment A Table 1 2 3 FY 16-17.pdf  Attachment B_20 City CCI_10.2017.pdf  CFF BOS Resol 17-XX 1.10.17.pdf

114

AMADOR COUNTY ANNUAL DISCLOSURE AND REVIEW OF THE CAPITAL FACILITIES FEES (CFF) FY2016-17 INTRODUCTION Government Code Sections 66000, et seq., provides for the establishment and collection of Capital Facilities Fees (CFF) to fund expansion of County facilities to meet growth requirements. On January 27, 2004, the Amador County Board of Supervisors adopted Ordinance No. 1589 establishing a development fee on new construction in the unincorporated areas of the County. The purpose of the fee is to fund the expansion of current facilities or construction of new facilities to meet growth needs. On March 2, 2004, the Capital Facilities Fee Schedule was adopted by Resolution 04-089, effective April 6, 2004, based on the findings contained in the initial study. The study calls for periodic review of the fee structure and recommendations for expenditures of previously collected and anticipated fees. In FY2004/05, the County engaged Goodwin Consulting Group (GCG) to complete a comprehensive review of the County’s CFF rates. At the close of the March 22, 2004, Public Hearing for the County’s Capital Facilities Fee Program Nexus Study, the Board adopted a reduced fee structure (approximately 50% of the justified fees), effective June 13, 2005. At the close of a Public Hearing held on December 20, 2005, the Board adopted the full fees as adjusted for inflation by Resolution 05-524, effective March 1, 2006. In FY 2010/11 the County engaged Goodwin Consulting Group (GCG) to update the Jail Nexus to reflect current factors that now exist and make appropriate adjustments. At the close of a Public Hearing held on October 25, 2011, the Board adopted the Updated Nexus Study for the Jail and the revised fees by Resolution 11131 effective October 25, 2011.

115 Page 1 of 5

CFF 2016-17

The CFF will be adjusted in future years to reflect revised facility standards, receipt of funding from alternative sources (i.e., state and federal grants), revised costs, or changes in demographics or land use projections. In addition to such adjustments, in January of each calendar year, the CFF for each type of development will automatically be adjusted by the change in the 20-City Construction Cost Index (CCI), as reported in the Engineering News Record for the twelve-month period ending October of the prior year (Attachment B). ANNUAL REVIEW - FY2016-17 Government Code Section 66006(b) requires an annual review and disclosure of the Capital Facilities Fees. The disclosure portion of Section 66006(b) requires that within 180 days after the last day of the fiscal year the County shall make available to the public the following information for the past fiscal year: A.

A brief description of the type of fee in the account or fund: The impact fee is used only for expansion of facilities to accommodate growth, not for operating or maintenance costs. Revenue will be used to maintain per capita facility standards for two major facilities:

B.

o

County Administration Center: Fee revenue is being used to fund the portion of the new County Administration Center (CAC), completed in June 2006, which has been identified as future growth (7,710 SF of 52,000 SF).

o

Sheriff Detention Facility: Fee revenue will be used to expand or construct adult detention facilities to accommodate future growth of 33.2% as identified in the Updated Nexus Study for the Jail dated October 25, 2011 (27,377 SF of 82,460 SF).

o

Administrative Fee: The administrative fee component equals 2.0% of the total fee components to manage and report on the CFF Program.

The amount of the fee: Included as Attachment A – Table 1.

C.

The beginning and ending balance of the account or fund: Included as Attachment A – Table 2.

D.

The amount of the fees collected and the interest earned: Included as Attachment A – Table 2.

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CFF 2016-17

E.

An identification of each public improvement on which the fees were expended and the amount of the expenditures; o

County Administration Center: No fees collected for FY 16-17 were expended.

o

Sheriff Detention Facility: No fees collected for FY 16-17 were expended

F.

An identification of an approximate date by which the construction of the improvement will commence if it is determined that sufficient funds exist to complete the project;

G.

o

County Administration Center: The County occupied the new facility at the end of June 2006. Fees totaling $563,818.56 of $2,224,038 growth justified fund amount have been collected as of June 30, 2017.

o

Sheriff Detention Facility: Fees totaling $2,549,617.87 of $18,748,000 growth justified fund amount have been collected as of June 30, 2017. A portion of the fees were utilized to, and will continue to be used for unreimbursed costs for the Jail Expansion Project not covered by the SB 863 Funding awarded to the County on November 12, 2015. Construction of the Jail Expansion Project is scheduled to begin in April 2019.

A description of each inter-fund transfer or loan made from the account and when it will be repaid; No inter-fund transfers or loans have been made.

H.

Identification of any refunds made once it is determined that sufficient monies have been collected to fund all fee-related projects No refunds were required or made.

FUND REPAYMENT

o

Sheriff Jail Facility: The ending balance as of December 2009 was $911,285 and additional $928,715 was transferred from the Capital Facility Fund #101184 on January 26, 2010 by Board action collectively for a total of $1,840,000 to purchase property for the Jail. Of this amount, $1,810,000 was expended on January 27, 2010 to purchase 201.37 acres of raw land located in the unincorporated area known as Martel, Amador County, California, APN 044-100-027-00 for the purpose of securing a Jail site. At the time of purchase,

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CFF 2016-17

it was not anticipated that the 201.37 acres would be used exclusively for a jail; however, the exact purpose of the land that would not have been utilized by the Jail has not been determined. When the use of the property is determined and/or sold the fund will be repaid with interest based upon proportions and valuations assessed at that time. Interest for the fund for the last four quarters has averaged .60% and will be applied to those portions and valuations identified in the future not used for the jail project. Each fiscal year the interest will be adjusted annually thereafter based upon the average of the previous four quarters of interest earned on the fund as reported by the Tax Collector. Average Interest earned:

FY 2016/17

.60 %

ADMINISTRATIVE DUTIES As required by the Government Code, this information was made available to the public, through advertising of a draft of this Report, December 1, 2017. The Government Code requires that this public notice be made available at least 15 days before Board review, so the Public Hearing will be held December 19, 2017. This item is presented for review as required by the Government Code to provide information to the public concerning collections and expenditures of Capital Facilities Fees. As long as the County maintains these fees, this annual review will be required. FEE ADJUSTMENTS In January of each calendar year, the CFF Schedule of Fees will automatically be adjusted by the change in the 20-City Construction Cost Index (CCI), as reported in the Engineering News Record for the twelve-month period ending October of the prior year. The adjustment for January 2018 has been determined to be a 3.7% increase from January 2017 in the 20-City CCI. Refer to Attachment A – Table 3. The CFF can be adjusted in future years to reflect revised facility standards, receipt of funding from alternative sources (i.e. state or federal grants), revised costs, or changes in demographics or land use projections. The County in the future may also evaluate the possibly of including revenue to maintain the per capita facilities standards for other major facility types.

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CFF 2016-17

When new studies are complete and adopted by the Board of Supervisors, staff will approach the five cities of Amador County to request that they join in adopting the Capital Facilities Fee as it applies to their jurisdiction.

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CFF 2016-17

GENERAL SERVICES ADMINISTRATION

MAIL: 12200-B Airport Road, Jackson, CA 95642 LOCATION: 12200-B Airport Road, Martell, CA PHONE: (209) 223-6744 FAX: (209) 223-0749 E-MAIL: [email protected]

SUMMARY MEMORANDUM TO:

Board of Supervisors

FROM:

Jon Hopkins, GSA Director

DATE:

December 19, 2017

SUBJECT:

Capital Facility Fee Annual Disclosure Review and Annual Fee Adjustment

Background: Government Code Section 66006(b) requires an annual review and disclosure of the Capital Facilities Fees (CFF). The required review is being completed in conjunction with the annual automatic fee adjustment that raises the fees by the change in the 20-City Construction Cost Index (CCI), as reported in the Engineering News Record for the twelve-month period ending October of the prior year as stated in the Nexus Study dated March 31, 2005. The Nexus Study was updated October 25, 2011, as growth projections contemplated in 04/05 did not materialize. The 2011 Nexus Study, which considered the future need of the County’s jail facility, determined that a higher number of beds were needed to accommodate anticipated growth, extended the projection date to 2040, and increased the square footage recommendation of the jail facility. However, the 2015 Jail Needs Assessment found that anticipated growth needs had changed significantly, requiring an updated Nexus Study to ensure that jail fees imposed reflect current growth projections. This change is included in Table 3, Exhibit B should the Board choose to accept the recommended changes made in the Updated Nexus Study dated January 4, 2018. Subject or Key Issue(s): (1) CFF Annual Disclosure Review; (2) Annual fee adjustment. Analysis: Each year the Board of Supervisors is presented with the annual disclosure of the CFF and a recommendation to adjust the fee based on the 20-City CCI. The purpose of the fee is to fund the expansion of current facilities or the construction of new facilities to meet future growth needs. Alternatives: The Board of Supervisors has the option to reduce, defer or suspend CFF fees as deemed appropriate. Fiscal or Staffing Impacts: There are no fiscal or staffing impacts related to the annual increase to the CFF or to the recommended fee adjustment for the jail. Staff requests direction from the Board regarding the statement made on page 5 of the CFF Annual Disclosure Review as it relates to inviting the cities to join in adopting the CFF. 4/5ths vote: Yes Recommendation(s): Based upon Board feedback; (1) Approve the resolution to accept the 2016/17 Annual Disclosure and Review increasing the CFF by the 3.7% CCI for the County Administration Center portion only and; (2) adjust the CFF in accordance with the updated Nexus Study dated January 4, 2018 for the Jail portion only, effective January 23, 2018, with adjustments for inflation annually thereafter by the change in CCI, as reported in the Engineering News Record for the twelve-month period ending October of the prior year. c:

Chuck Iley, CAO file

120

Attachment A AMADOR COUNTY

CAPITAL FACILITIES FEE PROGRAM FY2016-17

Table 1

Capital Facilities Fee Schedule History (FY2016-17) Land Use

Residential (prior to 13-Jun-05) Single Family Multi-Family Residential (13-Jun-05 to 28-Feb-06) Single Family Multi-Family Commercial (13-Jun-05 to 28-Feb-06) Commercial (SF) Office (SF) Industrial (SF) Residential (1-Mar-06 to 31-Jan-07) Single Family Multi-Family Commercial (1-Mar-06 to 31-Jan-07) Commercial (SF) Office (SF) Industrial (SF) Residential (1-Feb-07 to 31-Dec-07) Single Family Multi-Family Commercial (1-Feb-07 to 31-Dec-07) Commercial (SF) Office (SF) Industrial (SF) Special Discount (Single Family Waiver Fee) Residential (1-Jan-08 to 31-Dec-08) Single Family Multi-Family Commercial (1-Jan-08 to 31-Dec-08) Commercial (SF) Office (SF) Industrial (SF) Residential (1-Jan-09 to 31-Dec-09) Single Family Multi-Family Commercial (1-Jan-09 to 31-Dec-09) Commercial (SF) Office (SF) Industrial (SF) Residential (1-Jan-10 to 31-Dec-10) Single Family Multi-Family Commercial (1-Jan-10 to 31-Dec-10) Commercial (SF) Office (SF) Industrial (SF) Residential (1-Jan-11 to 31-Dec-11) Single Family Multi-Family

CAC

Sheriff Jail

Admin. Fee (2%)

Total CFF

$ $

136.00 97.00

$ $

747.00 530.00

$ $

17.00 12.00

$ $

900.00 639.00

$ $

529.00 360.00

$ $

2,903.00 1,974.00

$ $

68.00 47.00

$ $

3,500.00 2,381.00

$ $ $

0.10 0.12 0.05

$ $ $

0.55 0.69 0.28

$ $ $

0.01 0.02 0.01

$ $ $

0.66 0.83 0.34

$ $

1,094.00 750.00

$ $

6,054.00 4,113.00

$ $

146.00 97.00

$ $

7,294.00 4,960.00

$ $ $

0.21 0.26 0.10

$ $ $

1.15 1.44 0.58

$ $ $

0.03 0.03 0.01

$ $ $

1.39 1.73 0.69

$ $

1,140.00 782.00

$ $

6,308.00 4,286.00

$ $

149.00 101.00

$ $

7,597.00 5,169.00

$ $ $

0.22 0.27 0.11

$ $ $

1.19 1.49 0.60

$ $ $

0.03 0.04 0.01

$ $ $

1.44 1.80 0.72

$

581.78

$

3,219.15

$

77.57

$

3,878.50

$ $

1,164.00 791.00

$ $

6,440.00 4,376.00

$ $

153.00 103.00

$ $

7,757.00 5,270.00

$ $ $

0.22 0.28 0.11

$ $ $

1.22 1.53 0.61

$ $ $

0.03 0.04 0.01

$ $ $

1.47 1.85 0.73

$ $

1,247.40 847.35

$ $

6,902.28 4,688.67

$ $

166.32 112.98

$ $

8,316.00 5,649.00

$ $ $

0.24 0.30 0.12

$ $ $

1.31 1.64 0.65

$ $ $

0.03 0.04 0.02

$ $ $

1.58 1.98 0.79

$ $

1,243.66 844.81

$ $

6,881.57 4,674.60

$ $

165.82 112.64

$ $

8,291.05 5,632.05

$ $ $

0.24 0.30 0.12

$ $ $

1.31 1.64 0.66

$ $ $

0.03 0.04 0.02

$ $ $

1.58 1.98 0.80

$ $

1,290.92 876.91

$ $

7,143.07 4,852.24

$ $

172.12 $ 8,606.11 121 116.92 $ 5,846.07 CFF 2016-17 (Attachment A)

Attachment A AMADOR COUNTY

CAPITAL FACILITIES FEE PROGRAM Commercial (1-Jan-11 to 31-Dec-11)

FY2016-17

122 CFF 2016-17 (Attachment A)

Attachment A AMADOR COUNTY

CAPITAL FACILITIES FEE PROGRAM FY2016-17

Capital Facilities Fee Schedule History (FY2016-17) Land Use

Increase

Commercial (SF) Office (SF) Industrial (SF) Hartman Payments Residential (1-Jan-12 to 31-Dec-12) Single Family Multi-Family Commercial (1-Jan-12 to 31-Dec-12) Commercial (SF) Office (SF) Industrial (SF) Hartman Payments Residential (1-Jan-13 to 31-Dec-13) Single Family Multi-Family Commercial (1-Jan-13 to 31-Dec-13 Commercial (SF) Office (SF) Industrial (SF) Hartman Payments Office (SF) Industrial (SF) Residential (1-Jan-14 to 31-Dec-14) Single Family Multi-Family Commercial (1-Jan-14 to 31-Dec-14) Commercial (SF) Office (SF) Industrial (SF) Residential (1-Jan-15 to 31-Dec-15) Single Family Multi-Family Commercial (1-Jan-15 to 31-Dec-15) Commercial (SF) Office (SF) Industrial (SF)

CAC

Sheriff Detention

Admin. Fee (2%)

Total CFF

$ $ $ $

0.25 0.31 0.12 24.01

$ $ $ $

1.36 1.71 0.68 132.84

$ $ $ $

0.03 0.04 0.02 3.20

$ $ $ $

1.64 2.06 0.82 160.05

$ $

1,323.19 898.83

$ $

1,895.23 1,288.43

$ $

64.37 43.75

$ $

3,282.79 2,231.01

$ $ $ $

0.26 0.32 0.12 24.01

$ $ $ $

0.36 0.45 0.18 132.84

$ $ $ $

0.01 0.02 0.01 3.20

$ $ $ $

0.63 0.79 0.31 160.05

$ $

1,323.19 898.83

$ $

1,895.23 1,288.43

$ $

64.37 43.75

$ $

3,282.79 2,231.01

$ $ $ $ $ $

0.26 0.32 0.12 24.01 0.32 0.12

$ $ $ $ $ $

0.36 0.45 0.18 132.84 0.45 0.18

$ $ $ $ $ $

0.01 0.02 0.01 3.20 0.02 0.01

$ $ $ $ $ $

0.63 0.79 0.31 160.05 0.78 0.31

3.3% 3.3%

$ $

1,366.86 928.49

$ $

1,957.77 1,330.95

$ $

66.49 45.19

$ $

3,391.12 2,304.63

3.3% 3.3% 3.3%

$ $ $

0.27 0.33 0.12

$ $ $

0.37 0.46 0.19

$ $ $

0.01 0.02 0.01

$ $ $

0.65 0.81 0.32

3.0% 3.0%

$ $

1,407.87 956.34

$ $

2,016.50 1,370.88

$ $

68.49 46.54

$ $

3,492.86 2,373.76

3.0% 3.0% 3.0%

$ $ $

0.29 0.35 0.12

$ $ $

0.39 0.48 0.20

$ $ $

0.01 0.02 0.01

$ $ $

0.69 0.85 0.33

Capital Facilities Current Fee Schedule (FY2016-17) Land Use

Residential (1-Jan-16 to 31-Dec-16) Single Family Multi-Family Commercial (1-Jan-16 to 31-Dec-16) Commercial (SF) Office (SF)

Increase

CAC

Sheriff Detention

Admin. Fee (2%)

Total CFF

2.4% 2.4%

$ $

1,441.66 979.29

$ $

2,064.90 1,403.78

$ $

70.13 47.66

$ $

3,576.69 2,430.73

2.4% 2.4%

$ $

0.29 0.35

$ $

0.39 0.48

$ $

0.01 0.02

$ $

0.69 0.85

Industrial (SF) Residential (10-Jan-17 to 31-Dec-17) Single Family (1-Jan-17) Multi-Family (1-Jan-17) Commercial (10-Jan-17 to 31-Dec-17) Commercial (SF) Office (SF)

2.4%

$

0.12

$

0.20

$

0.01

$

0.33

3.7% 3.7%

$ $

1,495.00 1,015.52

$ $

2,141.30 1,455.72

$ $

72.73 49.43

$ $

3,709.03 2,520.67

3.7% 3.7%

$ $

0.30 0.36

$ $

0.40 0.50

$ $

0.01 0.02

$ $

0.72 0.88

Industrial (SF)

3.7%

$

0.12

$

0.21

$

0.01

$

0.34

CFF 2016-17 (Attachment A)

123

Attachment A AMADOR COUNTY

CAPITAL FACILITIES FEE PROGRAM FY2016-17

Table 2

Capital Facilities Fee Account Summary (FY2016-17) Land Use

Permits/SF

Balance Forward CFF SUMMARY (FY2016-17) Single Family Multi-Family Commercial (SF) - 5 permits Office (SF) Industrial (SF) Regan Payments

21 12,702

CAC

Sheriff Jail

Admin. Fee (2%)

Total CFF

$

63,845.36

$

68,980.52

$

3,766.12

$

136,592.00

$

30,667.79 3,614.71

$

43,925.70 4,884.91

$

1,491.89 127.74

$ $

76,085.38 8,627.36

$

$

$

48,810.61 741.02 49,551.63

$

1,619.63 $ 17.86 1,637.49 $

84,712.74 892.80 85,605.54

$

$

$

Total Fees Collected (FY2016-17)

$

Interest Earned (FY2016-17) Total Fees & Interest (FY2016-17)

$

34,282.50 133.92 34,416.42

TOTAL FEES COLLECTED

$

34,416.42

$

49,551.63

$

1,637.49

$

85,605.54

$

98,261.78

$

118,532.15

$

5,403.61

$

222,197.54

Transferred to CIP (FY2016-17) ENDING BALANCE (FY2016-17)

124 CFF 2016-17 (Attachment A)

Attachment A AMADOR COUNTY

CAPITAL FACILITIES FEE PROGRAM FY2016-17

Table 3

Current Capital Facilities Fee (Effective January 1, 2017) Land Use

Residential Single Family Multi-Family Commercial Commercial (SF) Office (SF) Industrial (SF)

Increase

CAC

Sheriff Detention

Admin. Fee (2%)

Total CFF

$ $

1,495.00 1,015.52

$ $

2,141.30 1,455.72

$ $

72.73 49.42

$ $

3,709.03 2,520.67

$ $ $

0.30 0.36 0.12

$ $ $

0.40 0.50 0.21

$ $ $

0.01 0.02 0.01

$ $ $

0.72 0.88 0.34

Capital Facilities Fee - Annual Fee Adjustment for CAC by CCI and by Jail Updated Nexus Study Fees (Effective Jan. 23, 2018) Land Use

Residential Single Family Multi-Family Commercial Commercial (SF) Office (SF) Industrial (SF)

CAC (3.7% CCI)

Sheriff Jail (1.5% esc.)

Admin. Fee (2%)

Total CFF

$ $

1,550.32 1,053.09

$ $

2,168.00 1,474.00

$ $

74.36 50.54

$ $

3,792.68 2,577.63

$ $ $

0.31 0.37 0.12

$ $ $

0.41 0.52 0.21

$ $ $

0.01 0.02 0.01

$ $ $

0.73 0.91 0.34

125 CFF 2016-17 (Attachment A)

ATTACHMENT B ENR's 20-city average cost indexes, wages and material prices. Historical data and details for ENR's 20 cities can be found at ENR.com/economics Construction Cost Index ANNUAL

1~1'1.Al'Oi'.

+3.7% OCT. 2017

RATE

1913:100

+3.30/o

'

Building Cost Index ANNUAL l\JFLA"lON RATE

OCT. 2017

INDEX VALUE

MONTH

YEAR

CONSTRUCTION COST

10817.1 1

--0.1%

+3.7%

BUILDING COST

5866.92

COMMON LABOR

22949.87

+0.1 %

+3.6%

SKILLED LABOR

10168.05

43.89

+0.1%

+3.6%

WAGE $/HR.

1913=100

+0.71°

Material Cost Index

INDEX VALUE

WAGE $/HR.

55.95

MONTH

OCT. 2017

YEAR

1913=100

--0.1%

+3.3%

MATERIALS COST

+0.1%

+2.2%

CEMENT $/TON

+2.2%

STEEL$/CWT

+0.1%

INDEX VALUE

MONTH

YEAR

3242.58

+0.7%

+2.7%

11 3.98

--0.4%

+2.9%

51.54

- 1.3%

+3.3%

572.44

+1.0%

+12.1 %

LUMBER $/MBF The Construction Cost Index's annual escalation rate fell to 3.7% from 4.0% last month, as the labor cost component increased 0.1%.

The Building Cost Index's annual escalation rate dropped to 3.3%, while the monthly component dropped to 0.1%.

The MCI increased 0.7% this month, with an annual escalation of 2.7%.

///////////////////////////////////////U/////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////

Construction starts in the Chicago metro area are estimated to fall 2.3%, to $12.9 billion, in 2017, · according to Dodge Data & Analytics. The decline is due to a decrease in the residential sector, Dodge says. The firm expects 2018 construction starts to rise 6.4%, to $13.8 billion, overall. Residential construction is expected to see a boost, as well as work in the healthcare sector.

2012

2013

2014

2015

2016

~017

2018

SOURCE: DCDGE DATA & ANALYTCS

ENR's Cost Indexes by City 1913=100 1967=100

R=REVISED

CONSTRUCTION COST OCT. '17:1913

%CHG. YEAR

BUILDING COST

COMMON LABOR

OCI '17:1913

% CHG. YEAR

OCT. '17: 1967

% CHG. YEAR

4366.21

+6.0

825.83

+1.5

ATLANTA

6550.10

+3.9

BALTIMORE

8234.07

+13.9

5115.86

+6.4

1090.86

+14.4

BIRMINGHAM BOSTON

7240.38

+2.9

4383.48

+2.0

978.68

+3.0

13817.76

+2.3

7214.64

+2.1

1500.64

+ 1.6

CHICAGO

15410.16

+1 .2

7361 .61

+5.8

1531 .38

SKILLED LABOR OCI '17: 1967

697 .30

% CHG. YEAR

MATERIALS OCT. '17: 1967

%CHG. YEAR

+2.9

765.12

+9.7

848.44

+2.3

741.80

+12.6

796.91

+ 1.6

662. 74

+2.6

1334.39

+0.5

682.14

+6.4

0.0

1297.03

+4.4

622.79

+9.3

CINCINNATI

10081 .77

+7.2

5271.58

+9.4

1009.23

+4.9

854.96

+5.0

754.19

+16.1

CLEVELAND

12257.72

+1.7

5715.29

+0.3

1094.27

+ 1.9

922.89

0.0

645.28

+0.9

DALLAS

5850.85

+3.9

4460.23

+5.1

742.23

+2.0

738.08

+3.0

695.96

+7.5

DENVER

7378.65

+3.4

4632.99

+1.8

818.18

+4.0

755.64

+1.8

667.31

+1.8

DETROIT

11323.10

+ 1. 7

6106.00

+2.4

995.81

+ 1.0

973.19

+1.2

633.62

+5.1

KANSAS CITY

11152.83

-1.2

5824.27

- 2.3

1297.51

0.0

1208.66

LOS ANGELES

11935.82

+3.6

6269.90

+3.9

1111.66

+3.2

1063.02

MINNEAPOLIS

12789.26

+5.5

6323.94

+8.2

1297.51

+3.5

NEW ORLEANS

5907.47

+0.3

3996.50

+0.5

725.09

0.0

NEW YORK CITY

18509.38

+ 10.4

8857.82

+ 1.5

1469.64

PHILADELPHIA

12973.75

+3.6

6886.23

+3.7

PITTSBURGH

10131.03

+2.4

5730.74

+2.6

ST. LOUIS SAN FRANCISCO SEATTLE

12063.55

+2.3

5879.27

12014.72

+3.8

10719.90

+0.9

26 • ENR • October 9, 2017 enr.com

0.0 .

569.98

- 7.1

+3.1

682.35

+5.4

11 38.79

+2.9

747.56

+18.7

645.29

+0.0

675.06

+1.0

+11.1

1321.18

+0.6

728.25

+5.0

1459.73

+3.3

1226.15

+3.2

733.65

+4.8

1039.46

+1.6

917.40

+1 .1

626.14

+5.5

+0.8

1096.32

+3.0

991 .98

+2.0

681.40

- 11.7

6921.42

+4.1

1025.93

+3.2

1091 .49

+3.0

688.74

+6.7126

6020.38

+2.8

997.24

0.0

1067.58

+1.7

789.49

+5.1

BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF AMADOR, STATE OF CALIFORNIA

IN THE MATTER OF: RESOLUTION APPROVING THE COUNTY) CAPITAL FACILITIES FEE SCHEDULE )

RESOLUTION NO. 18-xxx

WHEREAS, on January 23, 2018 the Board of Supervisors of the County of Amador, State of California, held a public hearing for the purpose of soliciting citizen input on the matter of adopting THE ANNUAL DISCLOSURE AND REVIEW OF THE CAPITAL FACILITIES FEE (CFF) for new residential and commercial development in Amador County as required by Government Code Section 66006(b); and WHEREAS, the CFF Nexus Study requires an automatic adjustment for inflation in January of each year. Effective January 23, 2018, the CFF will be adjusted for the County Administration Center by an increase of 3.7% change in the 20-City Construction Cost Index (CCI), as reported in the Engineering News Record for the twelve-month period ending October of the prior year; and WHEREAS, the CFF Nexus Study requires an automatic adjustment for inflation in January of each year. Effective January 23, 2018, the CFF will be adjusted in accordance with the Sheriff Jail Facility Fee Update Nexus Study dated January 4, 2018 and adjusted for inflation annually thereafter by the 20-City Construction Cost Index (CCI), as reported in the Engineering News Record for the twelve-month period ending October of the prior year; and BE IT FURTHER RESOLVED that the Chairman of said Board be and hereby is authorized to sign and execute said agreement on behalf of the County of Amador. The foregoing resolution was duly passed and adopted by the Board of Supervisors of the County of Amador at a regular meeting thereof, held on the 23rd day of January 2018, by the following vote: AYES: NOES: ABSENT:

Chairman, Board of Supervisors

ATTEST: JENNIFER BURNS, Clerk of the Board of Supervisors, Amador County, California

127 (RESOLUTION NO. 17-xxx)

Board of Supervisors Agenda Item Report Submitting Department: Building Meeting Date: January 23, 2018 SUBJECT Proposed Building Department Fee Schedule Revision Recommendation: Discussion and possible action relative to a Public Hearing to consider revisions to the Building Department Fee Schedule. 4/5 vote required: No Distribution Instructions: Amador County Board of Supervisors ATTACHMENTS  BldgDeptStaffReport_Fees_01.23.18.pdf  BldgStaffReportAttachments_01.23.18.pdf

128

AMADOR COUNTY BUILDING DEPARTMENT

County Administrative Center 810 Court Street Jackson, California 95642 Telephone: (209) 223-6422 Facsimile: (209) 223-6637 Website: www.co.amador.ca.us

STAFF REPORT Agency: Staff Contact: Meeting Date: Topic:

Amador County Building Department Steve Stokes, Amador County Chief Building Official Tuesday Jan. 23, 2018 Proposed Building Department Fee Schedule

Recommendation Approval of ‘step one’ of the proposed Building Department Fee Schedule for adoption. Background/Analysis The current Building Department Fee Schedule has not been updated in many years even though other associated costs have increased over the years which have directly or indirectly resulted in the need for general fund contributions to the Building Department budget. Consequently, staff has been directed to draft a pricing strategy with the goal of total fee recovery. Taking into consideration the anticipated impact on the constituents of the county, supervisors, and staff, it is proposed to achieve the goal of total cost recovery through a strategic plan of incremental price increases in three steps. If approved and adopted, the first step fee increase would be implemented with the intention of continued observation and evaluation of changes in Building Department revenue, the number and types of permit applications received, overall trends in economy and construction in particular, staffing requirements, and other factors which would be considered in the decision to propose moving forward with the implementation of the next two step increases, potentially in the following two fiscal years after the adoption of the first step. Research for the pricing strategy included comparisons to the fee rates of the building departments of nearby and surrounding counties. It was found that, with very few exceptions, the Amador County Building Department fees are substantially lower than the other jurisdictions which were examined, including fees related to single family residential, commercial business, restaurant, and retail permits. The ICC-BVD (International Code Council - Building Valuation Data Table) is a nationally recognized standard for implementing fees that are adjusted for the occupancy group and construction type and are appropriately proportionate in relation to each other based on complexity of design. The attachments to this staff report include some examples of the proposed fees applied to some sample projects, a proposed flat fee/special services table which addresses miscellaneous fees which are not covered in the BVD, a BVD which has been revised to the proposed first step fee rates, and copies of relevant California legislation.

Page 1 of 2

129

Fiscal Impact
Anticipated costs to the county for implementation are none, negligible or not applicable.
Funding Source: The funding source would be directly from the Building Department revenue collected through fees for Building Department services. The anticipated financial impact of the revised Building Department Fee Schedule to the County would be a reduction in the general fund allocation for the Building Department budget, this would be the first of three proposed steps towards the goal of total fee recovery for the Building Department. Alternatives 1. Approve the requested action. 2. Deny the requested action. 3. Continue the requested item for further discussion. Attachments A. Examples of Proposed Fee Increases B. The Proposed Flat Fee/Special Services Table C. The Proposed Adjusted BVD (Building Valuation Data Table) D. Copies of relevant State of California Legislation: SB-861 (SMIP), SB-1473 (Calderon), SB-1222 (Solar), AB-1379 (CASp)

130

Page 2 of 2

AMADOR COUNTY BUILDING DEPARTMENT

County Administrative Center 810 Court Street Jackson, California 95642 Telephone: (209) 223-6422 Facsimile: (209) 223-6637 Website: www.co.amador.ca.us

Amador County Building Department Proposed Step Increase of Fees

The following are examples are for comparison only, based on current Building Department fees (only): Example 1: A one story 1,806 square foot house with a 594 square foot garage and 250 square feet of deck, w/ sprinklers (R-3 – One or Two Family Residential, and U – Utility/Miscellaneous). Current Building Department Permit Fee ≈ $2,479.00 Example 2: A one story 2,520 square foot house with a 576 square foot garage and 488 square feet of deck w/ sprinklers (R-3 – One or Two Family Residential, and U – Utility/Miscellaneous). Current Building Department Permit Fee ≈ $2,796.00 Example 3: A one story 2,700 square foot house with a 634 square foot garage and 123 square feet of porch, w/ sprinkles (R-3 – One or Two Family Residential, and U – Utility/Miscellaneous). Current Building Department Permit Fee ≈ $3,172.00

This proposed fee adjustment for total cost recovery is based on a percentage of increase of revenue needed, in three proposed steps, the sample projects listed above are used as examples. The amount needed for total cost recovery after three proposed step increases is approximately 43% additional. All fees below are approximate.

Sample Projects Example 1 Example 2 Example 3

Building Department Fees: Proposed Step Increases Current Cost Recovery Step 1: Cost Recovery Step 2: Total Cost Recovery: Fees Current Fees x 1.15 Current Fees x 1.30 Current Fees x 1.43 $2,479.00 $2,850.00 $3,222.00 $3,544.00 $2,796.00 $3,215.00 $3,634.00 $3,998.00 $3,172.00 $3,647.00 $4,123.00 $4,535.00

131

Page 1 of 1

15.04.055 Building Department Fee Schedule. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. (2016 CBC 109.3) A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. (2016 CBC 109.1)

Special Service Fees Service

Fee ¹

Miscellaneous Building Department Services Hourly Rate

$108.00 per hour

Re-inspection Fee

$108.00

Demolition Permit (up to $10,000 demo value)

$108.00

Forced Air Unit, Residential

$108.00

Elec. Panel (only) Change Out

$108.00

Temporary Power Pole, Residential

$108.00

Water Heater, Residential

$108.00

Woodstove, Residential

$216.00

Temporary Certificate of Occupancy

$200.00

Reinstatement of Expired Permit or Expired Application, or Transfer Fee ²

$200.00

Residential Rooftop Solar Energy Systems

$500.00 plus $15.00 per kW above 15 kW ³

Commercial Rooftop Solar Energy Systems

$1,000.00 plus $7.00 per kW between 51 kW and 250 kW, plus $5.00 per kW above 250 kW ³

Phased Permit, Foundation Only Permit Fee (in addition to standard permit fee)

$200.00

1. Other fees may be applicable. 2. Requests for Reinstatement of Expired Permits or Applications or Transfers may not be approved if the code cycle has changed or if other issues exist. 3. This fee applies provided that the conditions of CA SB1222 are met by the applicant, additional fees shall be charged for services beyond the minimum standard services, this fee applies only to roof mounted systems, the provisions of SB 1222 remain in effect only until Jan. 1, 2018.

4. Fee adjustments for California SB-1473 (Calderon), SB-861 (SMIP), SB-1222 (Solar), and AB-1379 (CASp) shall be applied as required when applicable.

132

Refunds California Building Code Chapter 1 (Administration), Section 109.6, shall be amended to read as follows: The building official may authorize refunding of a fee paid hereunder which was erroneously paid or collected. The building official may authorize refunding of not more than 80 percent of the Building Department permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the Building Department plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended. The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. (Ord. 1693 §1 (part), 2010).

133

BILL NUMBER: SB 1473 BILL TEXT

CHAPTERED

CHAPTER 719 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2008 APPROVED BY GOVERNOR SEPTEMBER 30, 2008 PASSED THE SENATE AUGUST 30, 2008 PASSED THE ASSEMBLY AUGUST 13, 2008 AMENDED IN ASSEMBLY AUGUST 8, 2008 AMENDED IN SENATE APRIL 21, 2008 AMENDED IN SENATE APRIL 10, 2008 INTRODUCED BY

Senator Calderon FEBRUARY 21, 2008

An act to add Sections 18930.5, 18931.6, 18931.7, and 18938.3 to the Health and Safety Code, relating to building standards.

LEGISLATIVE COUNSEL'S DIGEST

SB 1473, Calderon. Building standards. (1) The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval or adoption. This bill would require the commission to adopt, approve, codify, update, and publish green building standards for any occupancy for which no state agency has the authority or expertise to propose those standards. The bill would require each city, county, or city and county to collect a fee from any applicant for a building permit, assessed at the rate of $4 per $100,000 in valuation, as determined by the local building official, with appropriate fractions thereof, but not less than $1. The bill would authorize the city, county, or city and county to retain not more than 10% of the fees collected for related administrative costs and for code enforcement education, including certifications in the voluntary construction inspector certification program. The bill would require the city, county, or city and county to transmit the remainder to the commission for deposit in the Building Standards Administration Special Revolving Fund which the bill would establish in the State Treasury. The bill would establish a state-mandated local program by imposing additional duties on local government. The bill would require that all funds received by the commission under the California Building Standards Law be deposited in the fund and be available, upon appropriation, to the commission for expenditure in carrying out these provisions of existing law and certain other provisions of existing law that relate to building standards, with emphasis placed on the development, adoption, publication, updating, and educational efforts associated with green building standards. The bill would authorize the commission and the Department of Housing and Community Development to use, as the basis for the

134

California Building Standards Code, certain model codes adopted by the commission as the basis for the 2007 triennial edition of the California Building Standards Code. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. (a) It is the intent of the Legislature that this act shall not affect the ability of a city, county, or city and county to adopt changes, modifications, amendments, additions, or deletions to the California Building Standards Code, including, but not limited to, green building standards. (b) It is the intent of the Legislature that the Building Standards Commission and the Department of Housing and Community Development shall submit a joint expenditure plan for the use of funds allocated under this act. (c) It is the intent of the Legislature that any educational programs funded under this act be coordinated to the maximum extent possible with similar efforts so as to expand the reach and effectiveness of each program. SEC. 2. Section 18930.5 is added to the Health and Safety Code, to read: 18930.5. If no state agency has the authority or expertise to propose green building standards applicable to a particular occupancy, the commission shall adopt, approve, codify, update, and publish green building standards for those occupancies. SEC. 3. Section 18931.6 is added to the Health and Safety Code, to read: 18931.6. (a) Each city, county, or city and county shall collect a fee from any applicant for a building permit, assessed at the rate of four dollars ($4) per one hundred thousand dollars ($100,000) in valuation, as determined by the local building official, with appropriate fractions thereof, but not less than one dollar ($1). (b) The city, county, or city and county may retain not more than 10 percent of the fees collected under this section for related administrative costs and for code enforcement education, including, but not limited to, certifications in the voluntary construction inspector certification program, and shall transmit the remainder to the commission for deposit in the Building Standards Administration Special Revolving Fund established under Section 19831.7. (c) The commission may reduce the rate of the fee upon determining that a lesser amount is sufficient to maintain the programs established under this part. SEC. 4. Section 18931.7 is added to the Health and Safety Code, to read: 18931.7. (a) All funds received by the commission under this part shall be deposited in the Building Standards Administration Special Revolving Fund, which is hereby established in the State Treasury. (b) Moneys deposited in the fund shall be available, upon appropriation, to the commission the department, and the Office of the State Fire Marshal for expenditure in carrying out the provisions

135

of this part, and the provisions of Part 1.5 (commencing with Section 17910) that relate to building standards, as defined in Section 18909, with emphasis placed on the development, adoption, publication, updating, and educational efforts associated with green building standards. SEC. 5. Section 18938.3 is added to the Health and Safety Code, to read: 18938.3. With respect to the model codes that are designated in Sections 17922 and 18938 to serve as the basis for the California Building Standards Code but are no longer published, the building standards adopted and approved by the commission shall be those contained in the most recent editions of the model codes adopted or approved by the commission to serve as the basis for the 2007 triennial edition of the California Building Standards Code. Those model codes designated in Sections 17922 and 18938 that continue to be published and updated shall continue to serve as the basis for the California Building Standards Code. With respect to Section 17922, other model codes may be considered for use, proposal, approval, or adoption, or any combination thereof, provided they do not duplicate building standards, as proposed by the Department of Housing and Community Development and adopted by the commission, the subject matter of the model codes which serve as the basis for the 2007 triennial edition of the California Building Standards Code. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

136

CHAPTER 8. Strong-Motion Instrumentation Program [2700-2709.1] (Chapter 8 added by Stats. 1971, Ch. 1152.) § 2700. There is hereby established in the State of California a strong-motion instrumentation program for the purpose of administering the program and of acquiring strong-motion instruments and installing and maintaining such instruments as needed in representative geologic environments and structures throughout the state. (Added by Stats. 1971, Ch. 1152.) § 2701. The division shall organize and monitor the program with the advice of the Seismic Safety Commission. (Amended by Stats. 1976, Ch. 1243.) § 2702. The division shall purchase, install, and maintain instruments in representative structures and geologic environments throughout the state, and shall process the data obtained from such instruments resulting from periodic earthquakes, as deemed necessary and desirable by the Seismic Safety Commission. (Amended by Stats. 1976, Ch. 1243.) § 2703. The division shall maintain and service the strong-motion instruments installed, shall collect and interpret all records from the instruments, and shall make the records, record interpretations, and technical assistance available to the construction industry. (Amended by Stats. 1987, Ch. 783, Sec. 2.) § 2704. It is the intent of the Legislature in enacting this chapter to provide adequate instrumentation throughout California. (Added by Stats. 1971, Ch. 1152.) § 2705. (a) A city, county, and city and county shall collect a fee from each applicant for a building permit. Each fee shall be equal to a specific amount of the proposed building construction for which the building permit is issued as determined by the local building officials. The fee amount shall be assessed in the following way: (1) Group R occupancies, as defined in the California Building Code (Part 2 of Title 24 of the California Code of Regulations), one to three stories in height, except hotels and motels, shall be assessed at the rate of thirteen dollars ($13) per one hundred thousand dollars ($100,000), with appropriate fractions thereof. (2) All other buildings shall be assessed at the rate of twenty-eight dollars ($28) per one hundred thousand dollars ($100,000), with appropriate fractions thereof. (3) The fee shall be the amount assessed under paragraph (1) or (2), depending on building type, or fifty cents ($0.50), whichever is the higher. (b) (1) appropriate fractions thereof, in its basic building permit fee for any Group R occupancy defined in paragraph (1) of subdivision (a), and a rate of twenty-eight dollars ($28) per one

137

hundred thousand dollars ($100,000), with appropriate fractions thereof, for all other building types. A city, county, and city and county electing to collect the fee pursuant to this subdivision need not segregate the fees in a fund separate from any fund into which basic building permit fees are deposited. (2) “Building,” for the purpose of this chapter, is any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. (c) (1) A city, county, and city and county may retain up to 5 percent of the total amount it collects under subdivision (a) or (b) for data utilization, for seismic education incorporating data interpretations from data of the strong-motion instrumentation program and the seismic hazards mapping program, and, in accordance with paragraph (2), for improving the preparation for damage assessment after strong seismic motion events. (2) A city, county, and city and county may use any funds retained pursuant to this subdivision to improve the preparation for damage assessment in its jurisdiction only after it provides the Department of Conservation with information indicating to the department that data utilization and seismic education activities have been adequately funded. (d) Funds collected pursuant to subdivisions (a) and (b), less the amount retained pursuant to subdivision (c), shall be deposited in the Strong-Motion Instrumentation and Seismic Hazards Mapping Fund, as created by Section 2699.5 to be used exclusively for purposes of this chapter, Chapter 7.5 (commencing with Section 2621), and Chapter 7.8 (commencing with Section 2690). (Amended by Stats. 2014, Ch. 35, Sec. 129. Effective June 20, 2014.) § 2705.5. The California Geological Survey shall advise counties and cities as to that portion of the total fees allocated to the Strong-Motion Instrumentation and Seismic Hazards Mapping Fund, so that this information may be provided to building permit applicants. (Amended by Stats. 2006, Ch. 869, Sec. 15. Effective January 1, 2007.) § 2707. The division, upon advice of the Seismic Safety Commission, whenever it determines that an adequate instrumentation program has been achieved, may reduce the fee levied against building permits as provided in Section 2705 to a level sufficient to maintain the program established pursuant to this chapter. (Amended by Stats. 1976, Ch. 1243.) § 2709. Any city or county that has been exempted from the provisions of Section 2705 by Section 2708 may participate in the state strong-motion instrumentation program by a written request to the State Geologist by the governing body of such city or county that its exemption be rescinded. (Added by Stats. 1975, Ch. 47.) § 2709.1. (a) No strong-motion instrumentation shall be installed pursuant to this chapter in the structural types identified in subdivision (b) unless funds proportionate to the construction value as called for under Section 2705 are received from organizations or entities representing these structural types, or the instrumentation is specifically called for by the Seismic Safety Commission in urgency situations. (b) The structural types subject to this section include all of the following:

138

(1) Hospitals. (2) Dams. (3) Bridges. (4) Schools. (5) Powerplants. (c) The Strong-Motion Instrumentation and Seismic Hazards Mapping Fund may accept funds from sources other than the permit fees identified in this chapter. The priority of installations performed under this chapter shall be determined by the Seismic Safety Commission. (Amended by Stats. 2003, Ch. 240, Sec. 9. Effective August 13, 2003. Operative July 1, 2004, by Sec. 43 of Ch. 240.)

139

Senate Bill No. 1222

CHAPTER 614

An act to add and repeal Chapter 7.5 (commencing with Section 66015) of Division 1 of Title 7 of the Government Code, relating to solar energy.

[

Approved by Governor September 27, 2012. Filed with Secretary of State September 27, 2012. ]

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) Rooftop solar energy systems are a leading renewable energy technology that will help this state reach its energy and environmental goals. (b) It is anticipated that more than 1,000,000 additional rooftop solar energy systems will be deployed in this state in the coming years. (c) Various reports show that the permitting costs associated with the installation of rooftop solar energy systems varies widely across jurisdictions in this state. (d) High permitting fees increase the costs of installation and reduce the ability for solar to be deployed across all income spectrums. (e) Providing statewide permit fee standards will increase the deployment of solar distributed generation, provide solar customers greater installation ease, improve the state’s ability to reach its clean energy goals, and create jobs in this state.

SEC. 2. Chapter 7.5 (commencing with Section 66015) is added to Division 1 of Title 7 of the Government Code, to read: CHAPTER 7.5. Fees for Rooftop Solar Energy Systems 66015. (a) For a residential rooftop solar energy system that produces direct current electricity: (1) A city, county, city and county, or charter city shall not charge a residential permit fee that exceeds the estimated reasonable cost of providing the service for which the fee is charged. Except as provided in

140

paragraph (2), that fee shall not exceed five hundred dollars ($500) plus fifteen dollars ($15) per kilowatt for each kilowatt above 15kW. (2) Notwithstanding paragraph (1), a city, county, city and county, or charter city may charge a residential permit fee for a rooftop solar energy system that exceeds the fees specified in paragraph (1) if, as part of a written finding and an adopted resolution or ordinance, it provides substantial evidence of the reasonable cost to issue the permit. (b) For a commercial rooftop solar energy system that produces direct current electricity: (1) A city, county, city and county, or charter city shall not charge a commercial permit fee that exceeds the estimated reasonable cost of providing the service for which the fee is charged. Except as provided in paragraph (2), the fee shall not exceed one thousand dollars ($1,000) for systems up to 50kW plus seven dollars ($7) per kilowatt for each kilowatt between 51kW and 250kW, plus five dollars ($5) per kilowatt for each kilowatt above 250kW. (2) Notwithstanding paragraph (1), a city, county, city and county, or charter city may charge a commercial permit fee for a rooftop solar energy system that exceeds the applicable fee specified in paragraph (1) if, as part of a written finding and an adopted resolution or ordinance, it provides substantial evidence of the reasonable cost to issue the permit. (c) A written finding adopted pursuant to subdivision (a) or (b) shall include all of the following: (1) A determination that the municipality has adopted appropriate ordinances, permit fees, and processes to streamline the submittal and approval of permits for solar energy systems pursuant to the practices and policies in state guidelines and model ordinances. (2) A calculation related to the administrative cost of issuing a solar rooftop permit. (3) A description of how the higher fee will result in a quick and streamlined approval process. (d) For purposes of this section, “administrative costs” means the costs incurred in connection with the review, approval, and issuance of the permit, and the hourly site inspection and follow-up costs, and may also include an amortization of the costs incurred in connection with producing a written finding and adopting an ordinance or resolution pursuant to subdivision (a) or (b). (e) For purposes of this section, “residential permit fee” means the sum of all charges levied by a city, county, city and county, or charter city in connection with the application for a rooftop solar energy system. (f) It is the intent of the Legislature that a city, county, city and county, or charter city that meets the obligations of subdivisions (a) and (b) receive priority access to state funds for the purposes of distributed energy generation planning, permitting, training, or implementation. (g) This chapter shall remain in effect only until January 1, 2018, and as of that date is repealed.

SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

141

142

143

144

Board of Supervisors Agenda Item Report Submitting Department: Environmental Health Meeting Date: January 23, 2018 SUBJECT Ordinance Revising Amador County Code Chapter 7.42 - Environmental Health Department Fees Recommendation: Continue public hearing from January 9, 2018, for comment and direct staff based on the outcome of the hearing. 4/5 vote required: No Distribution Instructions: Environmental Health ATTACHMENTS  Draft FeeOrd17b.doc  staff memo.pdf

145

AN ORDINANCE REPEALING CHAPTER 7.42 OF THE AMADOR COUNTY CODE AND ADDING A NEW CHAPTER 7.42 OF THE AMADOR COUNTY CODE RELATING TO ENVIRONMENTAL HEALTH DEPARTMENT FEES The Board of Supervisors of the County of Amador, State of California, ordains as follows: SECTION 1. Chapter 7.42 of the Amador County Code is hereby repealed in its entirety. SECTION 2. A new Chapter 7.42 is hereby added to the Amador County Code which shall read as follows:

7.42.010

TITLE

This ordinance shall be known as the Environmental Health Department Fee Ordinance. 7.42.020

PURPOSE

The provisions of this Chapter establishing fees associated with Environmental Health Services are enacted pursuant to the provisions of California Health and Safety Code, Sections 101325 and 101280; California Health and Safety Code, Division 20, Chapter 6.5 (commencing with Section 25100), Chapter 6.7 (commencing with Section 25280), Chapter 6.95 (commencing with Section 25500) and Chapter 6.11 (commencing with Section 25404); California Water Code (commencing with Section 13700), and California Constitution, Article XI, Section 7. 1 146

Fees are necessary as a source of revenue to defray the costs of personnel, materials, support services, and other costs incurred by the County in conducting the regulatory programs established by State and local laws and regulations.

The costs incurred by the County for the

majority of such regulatory purposes are not met by any grants by the State of California. 7.42.030

HOURLY RATE

The term "Hourly Rate" refers to the rate used to calculate the majority of program fees.

The rate is calculated using methodologies approved

by the Amador County Board of Supervisors and the Amador County Auditor’s Office. The Board of Supervisors establishes that the hourly rate for Environmental Health Department services shall be $120.00. The Board may increase or decrease the hourly rate by ordinance revision at any time if it determines that there has been a significant change in program or departmental costs.

The hourly rate shall be

reviewed and, if necessary, revised no less frequently than once every three years. 7.42.040

BASIS FOR FEES

Fees are based on the expected time and materials required to conduct inspections, review plans, program administration, or processing the necessary information for the normal maintenance of records and issuance of those permits or registrations, or other services rendered by the Environmental Health Department.

Unusual circumstances requiring

additional staff time in excess of that budgeted for the adopted fee shall 2 147

require payment of additional fees to be levied by the Department at the hourly rate, based on one half hour increments, at the time the service is rendered.

Cost recovery for materials or services required above and

beyond standard forms, tests, laboratory services, etc., will be charged to the permittee, registrant, or responsible party and shall be due and payable within thirty days of the invoice date.

Specific fee amounts are

itemized in sections 7.42.050 through 7.42.160, inclusive.

Established

fees shall be reviewed for revision no less frequently than every three years.

Fees for calendar years 2018, 2019 and 2020 are hereby

established according to the following schedules.

Fees established for

calendar year 2020 shall remain in effect thereafter unless and until altered by the Amador County Board of Supervisors. 7.42.050

RETAIL FOOD FACILITIES 2018

2019

2020

Bed & Breakfast

$174

$179

$185

1.

Restaurant 0-20 Seats

$182

$196

$210

2.

Restaurant 21-50 Seats

$224

$242

$260

3.

Restaurant 51-100 Seats

$277

$298

$320

4.

Restaurant 101+ Seats

$381

$410

$440

5.

Plus Bar or Catering

$69

$74

$80

Bar Only

$145

$163

$180

1.

Temp Food Facility – Annual

$104

$112

$120

2.

Temp Food Facility – Single Event $41

$51

$60

3.

Event Organizer

$104

$112

$120

1.

Liquor/Convenience Store

$127

$138

$150

2.

Retail Market <1000 Sq. Ft.

$173

$186

$200

A. B.

C. D.

E.

3 148

3.

Retail Market 1000 - 5000 Sq. Ft.

$312

$336

$360

4.

Retail Market >5000 Sq. Ft.

$416

$448

$480

5.

Each Add’l Food Prep

$69

$74

$80

1.

Bakery <1000 Sq. Ft.

$270

$300

$330

2.

Bakery 1000+ Sq. Ft.

$302

$316

$330

G.

Catering

$170

$173

$175

H.

Produce Stand

$149

$155

$160

$173

$186

$200

Mobile Food Facility – No Prep

$130

$140

$150

Commissary

$52

$56

$60

$360

$360

$360

Private School Food Prep Kitchen

$213

$266

$320

2.

Private School Satellite Kitchen

$144

$192

$240

1.

Public School Food Prep Kitchen

$277

$298

$320

2.

Public School Satellite Kitchen

$208

$224

$240

$52

$56

$60

1.

Cottage Food Operation – Class A $57

$58

$60

2.

Cottage Food Operation – Class B $147

$153

$160

Q.

Farmer’s Market

$149

$155

$160

R.

CalCode Water System

$104

$112

$120

F.

Mobile or Stationary/Mobile Food Prep Unit

I. J. K. L. M. N.

1.

O. P.

7.42.051

Major Plan Review and Preopening Inspection – Deposit

Vending Machine – Potentially Hazardous Food

REDUCED ANNUAL FEES

Annual fees are reduced 50% for those facilities opening on or after July 1. 7.42.052

Reduced fees do not apply to businesses closing prior to July 1. PENALTY FOR OPERATING FOOD FACILITY WITHOUT VALID 4 149

PERMIT The penalty for operating without a valid permit shall not exceed three times the normal permit fee per Health and Safety Code Section 114387. 7.42.060

A. B. C. D. E. F. G. H. 7.42.070

A. B. C. D. E. F.

WATER 2018

2019

2020

$720

$720

$720

$355

$377

$400

$248

$274

$300

$182

$196

$210

$360

$360

$360

2018

2019

2020

$156

$168

$180

$104

$112

$120

Public Spa

$139

$149

$160

Beach/Freshwater Bathing Place

$156

$168

$180

Community System - 100+ service $1109 $1109 $1109 connections Community System – 25 - 99 $887 $887 $887 service connections Community System – 15 - 24 $554 $554 $554 service connections Non-Transient, Non-Community Non-Community Without Add’l Permitted Facilities Non-Community With Add’l Permitted Facilities

State Small Water System

Water System Plan Check Deposit

RECREATION

Public Pool

Each Additional Pool or Spa at Same Location

Private Pool Site Inspection and Clearance Public Pool Plan Check & Construction Inspections - Deposit

Hourly Hourly Hourly $360

$360

$360

5 150

7.42.080

HOUSING AND INSTITUTIONS Detention Facility – Approximately 8 Hours/Year Organized Camp (includes noncomm. water system)

A. B.

7.42.090

2018

2019

2020

NC

NC

NC

$659

$710

$760

2018

2019

2020

SOLID WASTE

A.

Permit Processing Deposit

$1000 $1000 $1000

B.

Active Landfill Annual Fee

$2976 $3648 $4320

Closed Landfill Annual Fee (post 1987)

C. D.

Transfer Station Annual Fee

Truck Inspection - Annual License Fee

E. F. 7.42.100

EA Notification Annual Fee

$1872 $2016 $2160 $1248 $1344 $1440 $69

$74

$80

$416

$448

$480

2018

2019

2020

LIQUID WASTE

A.

Septic Tank Pumper Truck

$195

$197

$200

B.

Chemical Toilet Pumper Truck

$120

$120

$120

$260

$280

$300

$218

$229

$240

C.

D.

2.

Onsite Sewage Application and Investigation – New Construction Onsite Sewage Application and Investigation – Repair / Expansion

3.

Winter Groundwater Monitoring

$208

$224

$240

Plan Review Deposit

$312

$336

$360

1.

6 151

E.

1. 2. 3. 4. 5. 6.

F.

1. 2.

G. H. I.

$145

$163

$180

$208

$224

$240

$290

$325

$360

$624

$672

$720

$124

$152

$180

Tank Only Permit OS Permit Renewal/Reactivation – Non-Engineered OS Permit Renewal/Reactivation – Engineered County Service Area #6 Monitoring

$104

$112

$120

$104

$112

$120

$156

$168

$180

$224

$237

$250

Graywater System Application and Site Investigation

$211

$231

$250

$120

$120

$120

Graywater System Permit

$180

$180

$180

Appeal/Variance – Deposit

$360

$360

$360

Holding Tank Use Permit 1. 2.

J.

7.42.101

Onsite Sewage Permit – Conventional Onsite Sewage Permit – NonEngineered with Pump Station Onsite Sewage Permit – Engineered Non-Alternative Onsite Sewage Permit – Alternative Minor Repair Permit

PENALTY FOR CONSTRUCTION WITHOUT PERMIT

The penalty for construction without the required permit is a minimum of 2 hours investigation, $240.00, in addition to any application, plan review, permit, or other fees.

7.42.110

WELLS 2018

2019

2020

A.

Water Supply Well Permit

$292

$296

$300

B.

Well Deepening Permit

$146

$148

$150

Monitoring Well Permit - Initial

$220

$220

$220

C.

1.

7 152

D. E.

2.

Monitoring Well Permit – Each Additional

$30

$30

$30

1.

Soil Boring – Initial

$120

$120

$120

2.

Soil Boring – Each Additional

$30

$30

$30

$214

$217

$220

$69

$74

$80

$130

$140

$150

1. 2.

Ground Source Heat Pump Initial Ground Source Heat Pump – Each Additional

F.

Well Destruction Permit

G.

Lab Fees

7.42.111

At Cost

PENALTY FOR CONSTRUCTION WITHOUT PERMIT

The penalty for construction without the required permit is a minimum of 2 hours investigation, $240.00, in addition to any permit or other fees. 7.42.120

A.

LAND DEVELOPMENT 2018

2019

2020

1.

Parcel Map - Existing PWS

$360

$360

$360

2.

New OSS – Per Undeveloped

$271

$285

$300

Parcel B.

Subdivision – Deposit (Includes

$1,000 $1,000 $1,000

Environmental Document) C.

Zone Change

$176

$208

$240

D.

Gen Plan Amendment

$176

$208

$240

8 153

E. F.

Use Permit

$208

$224

$240

1.

Neg Dec

$144

$192

$240

2.

EIR – Deposit (Includes Project

$1,000 $1,000 $1,000

Processing Fee) G.

BLA – Per Parcel to be

$260

$280

$300

Investigated

7.42.130

A.

B.

C.

UNIFIED PERMITS – CUPA 2018

2019

2020

1.

Lg Bus Plan

$497

$513

$530

2.

Med Bus Plan

$312

$336

$360

3.

Sm BP or Fuel Only

$156

$168

$180

1.

CAL-ARP Initial - Deposit

$1,000 $1,000 $1,000

2.

CAL-ARP Annual

$312

1.

UST PC - Deposit

$1,000 $1,000 $1,000

2.

Annual Fee - 1st Tank

$269

$315

$360

3.

Annual Fee – Add’l Tank

$165

$203

$240

4.

PC – UST/Piping Alterations – Dep

$360

$360

$360

5.

Insp Alterations

hourly

hourly

hourly

$336

$360

9 154

D.

E.

F.

7.42.131

6.

UST Closure

$373

$427

$480

7.

Temp Closure

Same as Annual Fee

1.

Generator CE

$104

$112

$120

2.

Small Generator

$208

$224

$240

3.

Large Generator

$386

$388

$390

1.

AST Eng SPCC

$347

$353

$360

2.

AST Self-Cert SPCC

$163

$202

$240

State Surcharge Fees

At Cost

REDUCED ANNUAL FEES

Annual fees are reduced 50% for those facilities opening on or after July 1.

Reduced fees do not apply to businesses closing prior to July 1.

7.42.140

BODY ART 2018

7.42.141

2019

2020

A.

Facility Annual Permit

$173

$187

$200

B.

Practitioner Annual Registration

$58

$62

$65

REDUCED ANNUAL FEES

Annual fees are reduced 50% for those facilities opening on or after July 1.

Reduced fees do not apply to businesses closing prior to July 1. 10 155

7.42.150 A.

COMPLAINT INVESTIGATIONS Vector, Solid Waste, Housing, and other Nuisance Complaints 1. 2.

Initial Investigation, First Contact, and First Follow Up Inspection Additional Follow Up Visits

No Charge $120.00/hour - one hour minimum – ½ hour increments

7.42.160

ADMINISTRATIVE FEES 2018

A.

1.

Consultation – Office, >10 minutes

2019

2020

$120.00/hour – ½ hour increments

2.

Consultation - Field

$120.00/hour - one hour minimum – ½ hour increments

B.

1.

Copies or scans – up to 5, 11” X

No Charge

17” max 2.

Copies or scans – 6 or more

$0.25 per page

C.

Administrative/Appeal Hearing

$240.00

D.

Late Payment of Annual Fee

20% of outstanding amount at 90 days, 40% of outstanding

11 156

amount at 180 days, hearing to review permit suspension or revocation at 270 days E.

Returned Check Fee

At the Rate Established by the Amador County Treasurer/Tax Collector

F.

Fee Refund Request Processing

$30.00

Charge G.

Replacement Permit

$30.00

H.

Special Inspection or Re-inspection

$120.00/hour - one hour minimum – ½ hour increments

I.

Any services not otherwise identified are to be billed at cost for materials and third party services, and $120.00/hour for staff time – one hour minimum – ½ hour increments.

7.42.170 EMERGENCY INCIDENT RESPONSE Costs incurred by the Director for services provided in the event of a response to hazardous material release, threatened release, or other emergency response incident based on the current hourly rate established pursuant to Section 7.42.030 shall be reimbursed by the Responsible Party for each hour expended or portion thereof per responding Environmental Health Department staff member, plus contractor, laboratory, and materials costs, if any, to mitigate the incident. 7.42.180 STATE SURCHARGE FOR CUPA PROGRAM ELEMENTS For all facilities which fall under one or more CUPA oversight program elements, the applicable State Surcharge in the amount prescribed by or pursuant to law shall be collected in addition to fees established 12 157

pursuant to this ordinance. The State Surcharge fees shall be established by the State of California. 7.42.190 PERMIT OR LICENSE - DENIAL, SUSPENSION, REVOCATION Except as prohibited by Federal or State law or regulation, or local ordinance or regulation, the Director shall be authorized to deny, suspend, revoke, or refuse to renew any permit or license to any party or responsible parties wherein any license, permit, or program cost recovery fees are unpaid and delinquent pursuant to this Chapter. Any decision of the Director to deny, suspend, revoke, or refuse to renew any permit or license may be appealed to the Hearing Authority pursuant to procedures adopted by the Director. Any such appeal shall be in writing, shall state the specific reasons therefore and grounds asserted for relief, and shall be filed with the Director not later than fifteen (15) days after the date of service of any such decision. If an appeal is not filed within the time or in the manner prescribed above, the right to review shall be deemed to have been waived. “Hearing Authority” shall be deemed to refer to the Land Use and Community Development Committee unless or until another body is appointed this duty by the Amador County Board of Supervisors. 7.42.200 NONTRANSFERABILITY Unless specific provision to the contrary is found in law, permits or registrations issued by this office for programs addressed by this ordinance may not be transferred to successors in interest. Exceptions to this section include permits for individual on site wastewater systems and individual water supply wells. 7.42.210 COLLECTION The Department shall be responsible for initial notification and collection of all fees prescribed by this Chapter. Fees over 90 days in arrears shall be subject to late payment penalties and may result in referral to a collections service for further action. Additional costs which may arise in the collection process are not the responsibility of the Department. SECTION 3. This ordinance was introduced and the title thereof read at the regular meeting of the Board of Supervisors on _________________ and on ___________________ further reading was waived by the unanimous vote of the Supervisors present. This ordinance shall take effect and be in full force on and after thirty (30) days from the date of its passage, and before the expiration of fifteen (15) days from the date of its passage it shall be published once with the names of the members of the Board of Supervisors voting for and against the same, said publication to be made in a newspaper of general circulation published in the County of Amador. 13 158

On a motion by Supervisor ____________________, seconded by Supervisor _____________________, the foregoing ordinance was passed and adopted by the Board of Supervisors of the County of Amador, State of California, this ____ day of ______________, 201__, by the following vote: AYES: NOES: ABSENT:

Supervisors, Supervisors, Supervisors, ________________________________________ Chairperson of the Board of Supervisors of Amador County California

ATTEST:________________________ Clerk of the Board of Supervisors

14 159

160

Board of Supervisors Agenda Item Report Submitting Department: Assessor Meeting Date: January 23, 2018 SUBJECT Assessor Secured Roll Correction Request for approval of roll correction value being decreased over $150,000. Recommendation: Approve 4/5 vote required: No Distribution Instructions: Assessor ATTACHMENTS  Roll Corrections.pdf

161

ASR70-3020-005 wRCWorksheets 2.4.003

01/03/2018 7:56:23AM Page 1 of 1

County of AMADOR ASSESSOR ROLL CORRECTION

Asmt

Tax Year

003-360-005-000

R&T 1

R/C #

2017

Roll Value

Land

Fee Parcel

Originating Asmt

From TRA

New TRA

S

003-360-005-000

003-360-005-000

052-038

052-038

A0579

R&T 2

51

Roll Type

N

New Value

Sup From Net

Taxroll Asmt Only

Y

Value History

10 % PP Penalty

Structure

N

Restricted

Growing

N

Timber Preserve

PP MH

N

5151 Interest

Fixtures R/P

N

506 Interest

16,000

000

Supl Info

Sup To Net

N

38,824

Taxability Code

Event From/Thru Dates

Ownership From/Thru Dates

Fixtures

506/5151 From/Thru Dates

Personal Property

From 1

From 2

Thru

HOX Other Exemptions CODE

Net Change

-22,824

Owner KIRKBRIDE THOMAS M Mailing Address 3621 CHARMSTONE WAY IONE CA 95640-9746

Situs

Bill Comments

3631 CHARMSTONE WAY IONE CA

PROP 8 VALUE ADJUSTMENT

Assessor ___________________________________ Signature Date

Supl Change

TaxBill Days R/C Date

Dec 28, 2017

Created By

TM

Appraiser

_______________________

Supv Appr

_______________________

Chief Appr

_______________________

Initials

Initials

Initials

Auditor ________________________________________ Signature Date

Print R/C Wks

C

Print R/C Letter

C

R/C Completed

C

Date

Date

Date

Asmt Clerk

_______________________

Off Mgr

_______________________

Initials

Initials

Date

Date

County Counsel ___________________________________ Signature Date

162

tmilbourne

Board of Supervisors Agenda Item Report Submitting Department: Building Meeting Date: January 23, 2018 SUBJECT Building Department: Agreement to Limit Use of Agricultural Structure for Byron S. Main & Vicki R. Main. AG01054 Recommendation: Adopt the resolution and authorize the Chairman to sign the "Agreement to Limit Uses of Agricultural Structure". 4/5 vote required: No Distribution Instructions: Once Agreement is signed, return to Building Department with certified Resolution and Acknowledgement of the Chairman's signature ATTACHMENTS  Agreement.Notarized-Main.pdf  Resolution-Main.docx

163

164

165

166

167

168

Recording requested by: BOARD OF SUPERVISORS When recorded send to: BUILDING DEPARTMENT

____________________________________________________________________________________________ BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF AMADOR, STATE OF CALIFORNIA IN THE MATTER OF: RESOLUTION AUTHORIZING RECORDATION OF AGREEMENT TO LIMIT USES OF AGRICULTURAL STRUCTURE – BYRON S. MAIN AND VICKI R. MAIN

) ) ) )

RESOLUTION NO. 17-xxxx

WHEREAS Byron S. Main and Vicki R. Main, (“Owner”) desires to construct an agricultural structure on his/her/their Property and have applied for an Agricultural Building Permit Exemption; and WHEREAS, Owner has applied for an Agricultural Exemption and has complied satisfactorily with all other conditions of the Application for the Permit; and WHEREAS, an Agreement to limit uses of the agricultural structure for Permit #AG01054 is required by Amador County Code Chapter 15.04.040 and was authorized by the Board of Supervisors at their January 23, 2018 meeting; and WHEREAS, Owner understands and agrees that the exempted agricultural structure can only be used as provided in said Amador County Code Chapter 15.04.040 and that any violation of the conditions under which the Agricultural Building Permits was granted may void the exemption. THEREFORE, BE IT HEREBY RESOLVED by the Board of Supervisors of the County of Amador that said Board does hereby approve the Agreement to limit uses of an exempt agricultural structure for Building Permit #AG01054 by and between the County of Amador and Byron S. Main and Vicki R. Main, on the terms and conditions contained therein as it relates to Building Permit #AG01054. BE IT FURTHER RESOLVED that the Chairman of said Board is hereby authorized to sign and execute said Agreement on behalf of the County of Amador. The foregoing resolution was duly passed and adopted by the Board of Supervisors of the County of Amador at a regular meeting thereof, held on the 23rd Day of January, 2018 by the following vote: AYES: NOES: ABSENT:

Richard M. Forster Chairman, Board of Supervisors ATTEST: JENNIFER BURNS, Clerk of the Board of Supervisors, Amador County, California By:

169 (Resolution No. 17-xxx)

01/23/2018

Board of Supervisors Agenda Item Report Submitting Department: Public Health Meeting Date: January 23, 2018 SUBJECT Public Health: Emergency Preparedness Grant Amendment 14-10492 05. The purpose of this grant amendment for FY 2014 through 2018 is to shift emergency preparedness grant funds between categories to better compensate the contractor for actual services performed, outlined in the scope of work. There is no change in the total funding amount, it remains at $923,271.00. Recommendation: Approve Amendment 4/5 vote required: No Distribution Instructions: Please return signed documents to Debbie at Public Health to send to the State for final signatures ATTACHMENTS  Amador 14-10492 Amendment A05.pdf  CCC DGS.doc

170

STATE OF CALIFORNIA

STANDARD AGREEMENT AMENDMENT STD 213A (Rev 6/03)

Agreement Number

Check here if additional pages are added: 0 Page(s)

Amendment Number

14-10492

05

Registration Number:

1.

This Agreement is entered into between the State Agency and Contractor named below: State Agency’s Name

Also known as CDPH or the State

California Department of Public Health Contractor’s Name

2. 3. 4.

(Also referred to as Contractor)

Amador County The term of this July 1, 2014 through June 30, 2018 Agreement is: $ 923,271.00 The maximum amount of this Nine Hundred Twenty Three Thousand Two Hundred Seventy One Dollars and No Cents. Agreement after this amendment is: The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein: I.

The purpose of this amendment is to revise Exhibit B, Budget, to shift funds between categories to better compensate contractor for actual services performed. This will allow the contractor to complete the services outlined in the scope of work (SOW) revised in amendment four (A04).

II.

Certain changes made in this amendment are shown as: Text additions are displayed in bold and underline. Text deletions are displayed as strike through text (i.e., Strike through).

III.

Exhibit B – Attachment 4 is hereby replaced in its entirety.

(Continued on next page) All other terms and conditions shall remain the same. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR Contractor’s Name (If other than an individual, state whether a corporation, partnership, etc.)

CALIFORNIA Department of General Services Use Only

Amador County By(Authorized Signature)

Date Signed (Do not type)

 Lynn Morgan, Chairperson, Board of Supervisors -----------------------------------------------------------------Richard Forster, Chairman, Board of Supervisors Printed Name and Title of Person Signing

Address

Public Health Dept., 10877 Conductor Blvd., Ste. 400, Sutter Creek, CA 95685 STATE OF CALIFORNIA Agency Name

California Department of Public Health By (Authorized Signature)

Date Signed (Do not type)

 Printed Name and Title of Person Signing

Exempt per:HSC 101319

Jeff Mapes, Chief, Contracts Management Unit Address

1616 Capitol Avenue, Suite 74.317, MS 1802, P.O. Box 997377, Sacramento, CA 95899-7377

171

Exhibit B - Attachment 4 Amador County Budget Cost Sheet - Year 3 CDC PHEP Base Funds

2016 - 2017 2018 PROJECT BUDGET

Laboratory Trainee Funds

Laboratory Funds

Laboratory Training Assistance Funds

Amador County 14-10492 A05

Cities Readiness Initiative Funds

HPP Funds

TOTALS

GFPF

Personnel Position Title and Number of each

FTE

Salary

Cost

FTE

Salary

Cost

FTE

Salary

Cost

FTE

Salary

Cost

FTE

Salary

Cost

FTE

Salary

Health Educator (2)

30% $

71,911

$21,573

$

-

$0

$

-

$0

$

-

$0

$

-

$0

102% $

Fiscal Officer (1)

10% $

77,402

$1,935

$

-

$0

$

-

$0

$

-

$0

$

-

$0

$

Health Officer (1)

10% $

21,000

$2,100

$

-

$0

$

-

$0

$

-

$0

$

-

$0

$

Administrative Technician (2)

Cost

FTE

Salary

Cost

$60,329

20% $

71,911

$14,382

$

59,146

-

$0

5% $

77,402

$968

$

-

-

$0

10% $

79,200

$2,100

$

100,200

$4,200

120,307

$40,103

59,146

40,104

$60,329 $0

80% $

40,103

$32,082

$

-

$0

$

-

$0

$

-

$0

$

-

$0

15% $

$6,016

5% $

40,100

$2,005

$

Finance Technician (1)

5% $

47,210

$1,770

$

-

$0

$

-

$0

$

-

$0

$

-

$0

$

-

$0

5% $

47,210

$1,770

$

-

$0

Administrative Assistant/Translator (1)

5% $

48,755

$2,438

$

-

$0

$

-

$0

$

-

$0

$

-

$0

$

-

$0

$

-

$0

$

-

$0

PHN Supervisor (1)

5% $

109,920

$5,496

$

-

$0

$

-

$0

$

-

$0

$

-

$0

$

$0

$

-

$0

$

HPP Coordinator (2)

$

-

$0

$

-

$0

$

-

$0

$

-

$0

$

-

$0

65% $

71,912

$46,743

$

-

$0

$

-

$0

Partnership/Coaltion Coordinator (2)

$

-

$0

$

-

$0

$

-

$0

$

-

$0

$

-

$0

25% $

53,884

$13,471

$

-

$0

$

-

$0

PHN II (1)

$

-

$0

$

-

$0

$

-

$0

$

-

$0

$

-

$0

$

-

$0

5% $

$3,838

$

-

$0

$18,536

$

-

$0

$

-

$0

$

-

$0

$

-

$0

$

-

$0

$

$0

$

-

$18,536 $10,613

EP Coordinator (1)

23% $

Fiscal Tech (1)

10% $

66,330

$6,633

$

-

$0

$

-

$0

$

-

$0

$

-

$0

$

-

$0

6% $

5% $

44,600

$2,230

$

-

$0

$

-

$0

$

-

$0

$

-

$0

$

-

$0

$

$0

$

-

$0

$

-

$0

$

-

$0

$

-

$0

$

-

$0

21% $

Office Assist. (1)

80,593

-

76,755 66,333

$5,496

$3,980

$

-

$0

$

-

$2,230

$16,924

$

-

$16,924

-

Pandemic Flu Cood. (1)

$

-

PHN (1) (2)

$

-

$0

$

-

$0

$

-

$0

$

-

$0

$

-

$0

$

-

$0

10% $

19,010

$1,901

$

-

$1,901

Administrative Assistant II (1)

$

-

$0

$

-

$0

$

-

$0

$

-

$0

$

-

$0

$

-

$0

13% $

44,600

$5,798

$

-

$5,798

$

-

$0

$

-

$0

$

-

$0

$

-

$0

$

-

$0

$

-

$0

$

$0

$

-

$67,077 %

Fringe Benefits

%

31.60%

$21,196

Subtotal Personnel and Fringe

Operating Expenses

Equipment (Minor)

$0

Quantity

Unit Price

%

%

%

%

$10,684

$54,329

$43,392

$220,458

$4,119

$0

$0

$0

$0

$7,080

$4,805

$16,004

Total

0.00%

Quantity

Unit Price

$0

Total

33.84%

% $88,793

Quantity Unit Price

$0

$0 $166,130

$0

Total

#DIV/0!

$32,708

$0

Quantity Unit Price

$0

-

$66,344

$0

Total

#DIV/0!

$0

$0

Quantity Unit Price

$0

$0

$88,273

Total

#DIV/0!

$0

80,590

109,920

Quantity

Unit Price

$22,449

Total

32.66%

Quantity

Unit Price

Total

Laser printer

1 $

1,619

$1,619

$0

$0

$0

$0

$0

$0

Desktop computer

1 $

645

$645

$0

$0

$0

$0

$0

$0

$0 $0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

Equipment Subtotal

$0

$0

$0

$0

$0

$0

$0

$0

In State Travel/Per Diem (Be sure travel is referenced in the SOW)

$0

$0

$0

$0

$0

$476

$284

$760

$3,391

$0

$0

$0

$0

$5,831

$0

$9,222

$1,900

$0

$0

$0

$0

$0

$1,900

$3,800

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$1,900

$3,800

Out of State Travel/Per Diem (Be sure OST is referenced in the SOW)

Subcontracts Part-Time Health Officer (SOW PHEP #3)

Subcontract Subtotal

$1,900

172

Exhibit B - Attachment 4 Amador County Budget Cost Sheet - Year 3 2016 - 2017 2018 PROJECT BUDGET

CDC PHEP Base Funds

Laboratory Funds

Laboratory Trainee Funds

Laboratory Training Assistance Funds

Cities Readiness Initiative Funds

Amador County 14-10492 A05 HPP Funds

TOTALS

GFPF

Other Costs Software and Licenses (1 software) Training Exercise Materials Maintenance Agreements

$740

$0

$0

$0

$0

$780

$0

$1,550

$0

$0

$0

$0

$1,200

$0

$2,750

$864

$0

$0

$0

$0

$500

$0

$1,364

$0

$0

$0

$0

$0

$0

$1,575

$1,575

$0

$0

$0

$0

$0

$0

$0

$0

$3,154

$0

$0

$0

$0

$2,480

$0

$5,634

$1,520

$0 Other Costs Subtotal

Total Direct Costs Total Indirect Costs

$100,837

$0

$0

$0

$0

$104,660

$50,381

$255,879

$22,068

$0

$0

$0

$0

$22,198

$10,848

$55,114

$122,905

$0

$0

$0

$0

$126,859

$61,229

$310,993

(15% of Total Direct Costs, 25% of Total Personnel and Fringe Benefits) Total Costs

Out of State Travel: Association of Health Emergency Preparedness Professionals, Las Vegas, NV. Supplies means: consumables office supply these are item that may be destroyed, dissipated, wasted are products that consumers buy recurrently i.e., items which "get used up" or discarded. For example consumable office supplies are such products as paper, pens, file folder, binders, post-it notes, computer disks, and toner or ink cartridges..etc.. Note: Supplies do not include capital goods such as computers, fax machines, and other business machines or office furniture these would need to be set up in there own line item. Note: Budget should link back to the SOW i.e. subcontractors/conferences/meeting/training/travel/printing/major equipment etc.... these types of services must be identified in the SOW (who/what/when and where)

173

CCC 04/2017 CERTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. Contractor/Bidder Firm Name (Printed)

Federal ID Number

By (Authorized Signature) Printed Name and Title of Person Signing Date Executed

Executed in the County of

CONTRACTOR CERTIFICATION CLAUSES 1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.) 2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the 174

certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003. Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State. Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services. 5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, 175

or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a). 7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3. 8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35.

DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (Pub. Contract Code §10410): 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code §10411): 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e)) 176

2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.

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CCC 04/2017 CERTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. Contractor/Bidder Firm Name (Printed)

Federal ID Number

Amador County Public Health Department

94-6000505

By (Authorized Signature) Printed Name and Title of Person Signing Lynn Morgan, Chairperson, Board of Supervisors Date Executed

Executed in the County of Amador

CONTRACTOR CERTIFICATION CLAUSES 1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.) 2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the 178

certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003. Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State. Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services. 5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, 179

or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a). 7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3. 8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35.

DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (Pub. Contract Code §10410): 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code §10411): 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e)) 180

2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.

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Board of Supervisors Agenda Item Report Submitting Department: Board of Supervisors Meeting Date: January 23, 2018 SUBJECT Behavioral Health Advisory Board: Re-appointment of Dr. Arnold Zeiderman to a three year term to expire January 31, 2021. Recommendation: Approve re-appointment 4/5 vote required: No Distribution Instructions: File; Advisory Board; Appointee ATTACHMENTS 

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Board of Supervisors Agenda Item Report Submitting Department: Board of Supervisors Meeting Date: January 23, 2018 SUBJECT Commission on Aging: Re-appointment of Susan Tomasich for a term of three years to expire February 28, 2021 Recommendation: Approve Re-appointment 4/5 vote required: No Distribution Instructions: File; Commission Secretary,; Appointee ATTACHMENTS 

183

Board of Supervisors Agenda Item Report Submitting Department: Board of Supervisors Meeting Date: January 23, 2018 SUBJECT Juvenile Justice Commission: Resignation of Gail Sweet Recommendation: Accept resignation 4/5 vote required: No Distribution Instructions: File; Member; Commission Secretary ATTACHMENTS 

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Board of Supervisors Agenda Item Report Submitting Department: General Services Administration Meeting Date: January 23, 2018 SUBJECT General Services Administration: Consideration to utilize CA 911 funds to upgrade the current 911 telephone system at the Sheriff's Office Recommendation: 1) Approve the Scope of Work for four VESTA 9-1-1 positions utilizing State Contract 4156-6 and; 2) Authorize the Sheriff to sign the Scope of Work on the County's behalf and; 3) Authorize the Purchasing Agent to sign a Purchase Order allowing State Emergency Telephone Number Account funds to be expended on the County's behalf. 4/5 vote required: No Distribution Instructions: Jon Hopkins, GSA Director; Sheriff's Office ATTACHMENTS  911 MEMO  911 Sample P.O. & S.O.W  911 IFB

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Important Notice to Bidders IFB 2015-01911 This IFB/acquisition is being conducted under Public Contract Code §12125, et seq., the Alternative Protest Process. Submission of a bid constitutes consent of the Bidders for participation in the Alternative Protest Process. Any protests filed in relation to the proposed Contract award shall be conducted under the procedures in this document for the Alternative Protest process. A written Notice of Intent to Protest the proposed award of this IFB must be received (Facsimile acceptable) by the Coordinator by the date and time specified in Section 1.7, KEY ACTION DATES. Failure to submit a timely, written Notice of Intent to Protest waives Bidders right to protest. Bidders is to send the Notice of Intent to Protest to:

Hand Delivered Bid, Parcel Post (FedEx, UPS, etc.) Department of Technology Statewide Technology Procurement Division Attn: Alternative Protest Process Coordinator 10860 Gold Center Drive, Suite 200 – Security Desk Rancho Cordova, CA 95670

United States Postal Service (USPS) Department of Technology Statewide Technology Procurement Division Attn: Alternative Protest Process Coordinator Mail Stop Y12 P.O. Box 1810 Rancho Cordova, CA 95741-1810

Fax: (916) 431-5533 Email: [email protected]

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INVITATION FOR BID FOR NEXT GENERATION 9-1-1 SYSTEMS AND SERVICES

IFB 2015-01911 Addendum #6 AUGUST 4, 2016

Issued by: STATE OF CALIFORNIA CALIFORNIA GOVERNOR’S of EMERGENCY SERVICES 3650 Schriever Avenue, Mather, CA 95655

Disclaimer: The original PDF version and any subsequent addendums of the IFB released by the Procurement Official of this bid remain the official version. In the event of any inconsistency between the Bidders versions, articles, attachments, specifications or provisions which constitute the Contract, the official State version of the IFB in its entirety shall take precedence.

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TABLE OF CONTENTS

1

INTRODUCTION AND OVERVIEW SECTION ........................................................ 1 1.1 PURPOSE OF THIS INVITATION FOR BID (IFB) ........................................... 1 1.2 BACKGROUND ............................................................................................... 1 1.3 TERM OF CONTRACT .................................................................................... 2 1.4 SCOPE OF THE IFB AND BIDDERS ADMONISHMENT ................................ 2 1.5 AVAILABILITY ................................................................................................. 2 1.6 PROCUREMENT OFFICIAL AND CONTACT INFORMATION....................... 2 1.7 KEY ACTION DATES ...................................................................................... 3 1.8 AMERICANS WITH DISABILITIES ACT (ada)................................................ 4

2

RULES GOVERNING COMPETITION SECTION .................................................... 6 2.1 IDENTIFICATION AND CLASSIFICATION OF IFB DOCUMENT REQUIREMENTS............................................................................................. 6 2.1.1

Requirements ................................................................................................. 6

2.1.2

Desirable (D) Items......................................................................................... 6

2.2 BIDDING REQUIREMENTS AND CONDITIONS ............................................ 6 2.2.1

General .......................................................................................................... 6

2.2.2

IFB Document ................................................................................................ 6

2.2.3

Examination of the Work................................................................................. 7

2.2.4

Questions Regarding the IFB Document......................................................... 7

2.2.5

Request for Change to Requirement .............................................................. 8

2.2.6

Intent to Bid .................................................................................................... 8

2.2.7

Addenda ......................................................................................................... 8

2.2.8

Plastic Trash Bag Certification Violations........................................................ 8

2.2.9

Bonds ............................................................................................................. 9

2.2.10 Discounts........................................................................................................ 9 2.2.11 Air or Water Pollution Violations ..................................................................... 9 2.2.12 Fair Employment and Housing Commission Regulations................................ 9 2.2.13 Exclusion for Conflict of Interest ....................................................................10 2.2.14 Seller’s Permit ...............................................................................................10 08/04/16 Addendum #6

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2.2.15 Disclosure of Financial Interests ....................................................................10 2.2.16 Unfair Practices Act and Other Laws .............................................................10

2.3 BIDDING STEPS............................................................................................ 11 2.3.1

General .........................................................................................................11

2.3.2

Confidentiality ................................................................................................11

2.3.3

Disposition of Bids .........................................................................................11

2.4 SUBMISSION OF BIDS ................................................................................. 12 2.4.1

Preparation ....................................................................................................12

2.4.2

Bidders Cost ..................................................................................................12

2.4.3

Completion of Bids ........................................................................................12

2.4.4

False or Misleading Statements.....................................................................12

2.4.5

Signature of Bid .............................................................................................12

2.4.6

Delivery of Bids..............................................................................................12

2.4.7

Withdrawal and Resubmission/Modification of Bids .......................................13

2.5 EVALUATION AND SELECTION PROCESS................................................ 13 2.5.1

General .........................................................................................................13

2.5.2

Evaluation Questions .....................................................................................13

2.5.3

Rejection of Bids............................................................................................13

2.5.4

Errors in Final Bid ..........................................................................................13

2.6 Award of Contract ........................................................................................ 14 2.6.1

Debriefing ......................................................................................................15

2.7 Protests ......................................................................................................... 15 2.7.1

Requirements Protests ..................................................................................15

2.7.2

Award Protest ................................................................................................15

2.7.3

Alternative Protest Process ...........................................................................16

2.8 NEGOTIATIONS ............................................................................................ 17 2.9 CONTACTS FOR INFORMATION ................................................................. 17 3

CURRENT ENVIRONMENT ................................................................................... 19 3.1 Current PSAP Locations .............................................................................. 19

4

PROPOSED ENVIRONMENT ................................................................................ 31

5

ADMINISTRATIVE REQUIREMENTS SECTION................................................... 33 5.1 Bidders Administrative Response Documents .......................................... 33

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5.1.1

Response to Administrative Requirements (M) ..............................................33

5.1.2

Secretary of State Certification (M) ................................................................33

5.1.3

Workers Compensation (M) ...........................................................................33

5.1.4

Payee Data Record (M) .................................................................................34

5.1.5

Iran Contracting Act of 2010 (M) ....................................................................34

5.1.6

Confidentiality Statement (M).........................................................................34

5.1.7

Subcontractors (M) ........................................................................................34

5.1.8

Bidder Declaration Form (M)..........................................................................35

5.1.9

Financial Stability (M) ....................................................................................35

5.1.10 Bonds and Other Security Documents (M).....................................................35

5.2 BIDDING PREFERENCE PROGRAMS ......................................................... 36 5.2.1

Cover Letter (M) ............................................................................................36

5.2.2

Disabled Veteran Business Enterprise (DVBE) Program ...............................36

5.2.1.1 DVBE Participation Incentive (O) ..................................................................36 5.2.3

Small Business Preference (O)......................................................................38

5.2.4

Non-Small Business Preference (O) ..............................................................38

5.2.5

Commercially Useful Function (M) .................................................................38

5.2.6

Target Area Contract Preference Act (TACPA) (O)........................................39

5.3 STD 213 IT, STANDARD AGREEMENT (M) ................................................. 39 5.4 Statement of work (M) .................................................................................. 39 5.5 Contract Terms and Conditions (M) ............................................................ 40 5.6 BIDDER RESPONSIBILITY ........................................................................... 40 5.6.1

Ability to Perform (M) .....................................................................................40

5.6.2

Primary Bidder (M) ........................................................................................40

5.6.3

Commercial General Liability Insurance (M) ..................................................40

5.6.4

Seller’s Permit (M) .........................................................................................41

5.7 OTHER ADMINISTRATIVE TERMS AND CONDITIONS .............................. 41 5.7.1

Amendment (M) .............................................................................................41

5.7.2

Availability (M) ...............................................................................................41

5.7.3

Bid Rejection .................................................................................................41

5.8 OTHER ADMINISTRATIVE REQUIREMENTS .............................................. 42 5.8.1

Productive Use (M) ........................................................................................42

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5.8.2

Customer In-Use (M) .....................................................................................42

5.8.3

PUBLIC WORKS REQUIREMENTS (APPLICABLE TO INSTALLATION ONLY) (M) .................................................................................................................43

5.8.4

Laws To Be Observed (M) .............................................................................43

5.8.5

Contractor’s License (M)................................................................................44

5.8.6

Contractor’s Reporting Requirements (M)......................................................45

BUSINESS, FUNCTIONAL AND TECHNICAL REQUIREMENTS SECTION ....... 47 6.1 INTRODUCTION ............................................................................................ 47 6.2 BUSINESS REQUIREMENTS ....................................................................... 47 6.2.1

Qualifications .................................................................................................47

6.2.2

Bidders Qualification Requirements (M).........................................................47

6.2.3

Bidders References (M) .................................................................................48

6.3 MANDATORY NEXT GENERATION 9-1-1 (NG9-1-1) CORE SERVICES REQUIREMENTS........................................................................................... 49 6.3.1

National Emergency Number Association (NENA) i3 Compliance (M) ...........49

6.3.2

Facilitating Carrier Transition (M) ...................................................................49

6.3.3

Core Services Survivability (M) ......................................................................50

6.3.4

Network Operations Center Support (M) ........................................................50

6.3.5

Trouble Ticket System (M) .............................................................................50

6.3.6

Solution Availability (M) .................................................................................51

6.3.7

Alarms, Remote Access (M) ..........................................................................52

6.3.8

Ingress – No Single-Point-of-Failure (M) ........................................................52

6.3.9

Internet Protocol (IP) Packet Delivery (M) ......................................................52

6.3.10 IP Routing Problem Resolution (M)................................................................52 6.3.11 Back-to-Back User Agent (B2BUA) (M) .........................................................53 6.3.12 Border Control Function (BCF) (M) ................................................................53 6.3.13 Public Internet Connection (M) ......................................................................53 6.3.14 Emergency Service Routing Proxy (ESRP) (M) .............................................53 6.3.15 Policy Routing Function (PRF) (M) ................................................................53 6.3.16 PRF Routing (M)............................................................................................53 6.3.17 PRF Policies (M)............................................................................................54 6.3.18 Emergency Call Routing Function (ECRF) (M) ..............................................54 6.3.19 System Timing Standard (M) .........................................................................55

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6.3.20 ECRF General Overview (M) .........................................................................55 6.3.21 Use of Location to Service Translation (LoST) Protocol (M) ..........................55 6.3.22 Support of LoST Queries (M) .........................................................................55 6.3.23 Routing Capability (M) ...................................................................................56 6.3.24 ECRF – Geographic Information System (GIS) Standards Requirement (M) .56 6.3.25 ECRF – GIS Updating (M) .............................................................................56 6.3.26 ECRF – GIS Updates – Frequency (M) .........................................................56 6.3.27 ECRF Expedited Changes (M) ......................................................................57 6.3.28 ECRF Ad Hoc Changes (M)...........................................................................57 6.3.29 ECRF – GIS Data Validation (M) ...................................................................57 6.3.30 ECRF – GIS Administrative Access (M) .........................................................57 6.3.31 NG9-1-1 Core Service Call Transfer Abilities (M)...........................................58 6.3.32 NG9-1-1 Core Service Legacy Call Transfer Abilities (M) ..............................58 6.3.33 Location Validation Function (LVF) (M) ..........................................................58 6.3.34 LVF – Standards (M) .....................................................................................58 6.3.35 Location Validation Function (LVF) – Redundancy (M) ..................................58 6.3.36 LVF – Web Portal (M) ....................................................................................59 6.3.37 LVF – Data Updates (M) ................................................................................59 6.3.38 NG9-1-1 Core Services Network Design (MS – 250 points) ...........................59 6.3.39 Text and Multimedia Messaging (DS) ............................................................61 6.3.40 Location Based Routing (DS) ........................................................................61 6.3.41 Legacy PSAP Gateway (DS) .........................................................................61

6.4 Evergreen network based Turn-Key solution (D) ...................................... 61 6.4.1

Local Line Service (M) ...................................................................................62

6.4.2

Local Line Termination (M) ............................................................................62

6.4.3

Call Metrics Reporting (M) .............................................................................62

6.4.4

Call Display Function (M) ...............................................................................62

6.4.5

Emergency Response Service - Basic Agency Service (M) ...........................62

6.4.6

Independent Emergency Response Service - Agent Services (M) .................62

6.4.7

Emergency Response Service - Enhanced Call Taking Services (M) ............63

6.4.8

Emergency Response Service - Graphic Location Interface (M) ....................63

6.4.9

Emergency Response Service - Supplemental Telephony Interface (M) .......63

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6.4.10 Network Connection Service for Emergency Networks (M) ............................63 6.4.11 Data Analytics For Turn-key Solutions (M).....................................................63 6.4.12 Data Analytics Initial Site Set-up (M)..............................................................63 6.4.13 Data Analytics Package Site/month (M) .........................................................63 6.4.14 Evergreen Network Based Turn-key Solution - System and Call Detail Records (CDR) (M) ......................................................................................................63 6.4.15 Call Detail Record (CDR) Format (M) ............................................................64 6.4.16 CDR Collection Service (M) ...........................................................................65 6.4.17 System Detail Records (M) ............................................................................65 6.4.18 Call Detail Record (CDR) and Quality of Service (QoS) (M)...........................65 6.4.19 Continuing Operation During Installation (M) .................................................65 6.4.20 Software (Other than Operating System Software) (M) ..................................66 6.4.21 Moves, Adds and Changes (MACs) (M) ........................................................66

7

COST SECTION ..................................................................................................... 69 7.1 INTRODUCTION ............................................................................................ 69 7.2 SERVICE COSTS .......................................................................................... 69 7.3 COST WORKSHEETS ................................................................................... 70 7.4 COST WORKSHEET ELEMENTS ................................................................. 70 7.5 Cost Worksheet Instructions ....................................................................... 70 7.6 Sales Tax ....................................................................................................... 72

8

BID AND BID FORMAT SECTION ........................................................................ 74 8.1 BID FORMAT ................................................................................................. 74 8.2 DATE, TIME, AND ADDRESS OF SUBMITTALS ......................................... 74 8.3 PACKAGING AND LABELING...................................................................... 74 8.4 FORMATTING................................................................................................ 75 8.5 FINAL BID FORMAT DETAIL........................................................................ 76

9

8.5.1

Volume I ........................................................................................................76

8.5.2

Volume 2 .......................................................................................................77

8.5.3

Volume 3 .......................................................................................................78

EVALUATION SECTION ....................................................................................... 80 9.1 INTRODUCTION ............................................................................................ 80 9.2 EVALUATION TEAM ..................................................................................... 80

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9.3 EVALUATION OF FINAL BIDS ..................................................................... 80 9.3.1

Receipt and Validation of Documentation ......................................................80

9.3.2

Evaluation of Required Information ................................................................81

9.3.3

Technical Evaluation of Unsolicited Items ......................................................81

9.3.4

SCORING OF BUSINESS AND TECHNICAL REQUIREMENTS ..................82

9.3.5

EVALUATION QUESTIONS ..........................................................................88

9.3.6

RECEIPT .......................................................................................................88

9.3.7

PRELIMINARY REVIEW AND VALIDATION .................................................88

9.3.8

VALIDATION AGAINST REQUIREMENTS ...................................................89

9.4 ADMINISTRATIVE REQUIREMENTS EVALUATION (M) ............................. 89 9.5 BUSINESS REQUIREMENTS EVALUATION ............................................... 89 9.5.1

Mandatory Qualification Requirements Evaluation.........................................89

9.5.2

Bidders References .......................................................................................89

9.6 FUNCTIONAL AND TECHNICAL REQUIREMENTS EVALUATION ............ 90 9.6.1

Technical Evaluation of Unsolicited Items ......................................................92

9.7 COST EVALUATION ..................................................................................... 92 9.7.1

Scoring of Unsolicited Item Costs ..................................................................93

9.7.2

Adjustment of Costs for TACPA .....................................................................95

9.7.3

Cost Conversion to Points .............................................................................96

9.8 Determination of Bidders Qualification for Award .................................... 98

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1 INTRODUCTION AND OVERVIEW SECTION 1.1

PURPOSE OF THIS INVITATION FOR BID (IFB)

The purpose of this Invitation for Bid (IFB) is to obtain bids from qualified Bidders to result in multiple Contracts to Multiple Contractors for Next Generation 9-1-1 (NG9-1-1) Core Services with the California Govenor’s Office of Emergency Services (Cal OES), Public Safety Communications (PSC) CA 9-1-1 Emergency Communications Branch (CA 9-1-1 Branch). The Cal OES, PSC, CA 9-1-1 Branch is responsible for administering the State Emergency Telephone Number Account (SETNA) which provides funding to California Public Safety Answering Points (PSAPs) for 9-1-1 systems and services. The CA 9-1-1 Branch will use the Contract to purchase NG9-1-1 services. The main function of the NG9-1-1 Core Services are to provide PSAPs with voice contact with a 9-1-1 emergency calling party and Telecommunicators. All NG9-1-1 services will be provided to PSAPs. The resulting Contract will provide qualified suppliers from which the State may procure services to process 9-1-1 emergency telephone calls to PSAPs. Responses to this IFB must be submitted for Next Generation 9-1-1 (NG9-1-1) Core Services Business Requirements identified in Section 6.3. Responding to the Evergreen Network Based Turn-key Solution identified in Section 6.4 is Desired Optional. Responses cannot be submitted for only Section 6.4 and not Section 6.3. Throughout this IFB, “Bidder” refers to a firm or entity that is responding to the IFB and “Contractor” refers to any firm or entity that is awarded the Contract. Award(s), if made, will be to multiple Bidders awarded with the methodology defined in Section 9, EVALUATION.

1.2

BACKGROUND

The Cal OES PSC CA 9-1-1 Branch is authorized by statute Government Code (GC) 5310053120 to manage and oversee the statewide 9-1-1 emergency communications system. The authority to oversee the expenditures of SETNA funds is provided in the California Department of Finance’s Manual of State Funds, 0022. The CA 9-1-1 Branch currently procures NG9-1-1 services via tariff rates or CALNET 2 Master Service Agreements (MSAs) 2 (AT&T) and 3 (Verizon) which expire on January 29, 2018.

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TERM OF CONTRACT

Effective upon approval of the California Department of Technology (CDT), Statewide Technology Procurement Division (STPD), the initial Term of the contract will be three (3) years. The State, at its sole discretion, may exercise its option to execute four (4), one (1)-year extensions to continue NG9-1-1 Core Services for a maximum contract term of seven (7) years.

1.4

SCOPE OF THE IFB AND BIDDERS ADMONISHMENT

This IFB is being conducted under the policies and procedures developed by the CDT-STPD as provided under Public Contract Code Section 12102 and 12125 et seq. This IFB contains the instructions governing the requirements for a firm-fixed price to be submitted by interested Bidders. The format that bid information is to be submitted and the material to be included therein follows. This IFB also addresses the requirements that Bidders must meet to be eligible for consideration, as well as addressing Bidders’ responsibilities before and after award. If the Bidder expects to be afforded the benefits of the steps included in this IFB, the Bidder must take the responsibility to: • • • • •

1.5

Carefully read the entire IFB. Ask appropriate questions in a timely manner, if clarification is necessary. Submit all required responses, complete to the best of the Bidder’s ability, by the required dates and times. Make sure that all procedures and requirements of the IFB are accurately followed and appropriately addressed. Carefully re-read the entire IFB before submitting Final Bid.

AVAILABILITY

The selected Contractors must meet the requirements of this IFB and be available to start work upon Contract award specified in Section 1.7, KEY ACTION DATES.

1.6

PROCUREMENT OFFICIAL AND CONTACT INFORMATION

Bidders are directed to communicate with the Procurement Official listed in Table 1-1: Procurement Official and Contact Information to submit questions, deliver Bids, and submit all other formal correspondence regarding this procurement. Robin E. Filpula, Procurement Official Phone: (916) 431-5063 Email: [email protected]

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Table 1-1: Procurement Official and Contact Information Hand Delivered Bid, Parcel Post (FedEx, UPS, etc.)

United States Postal Service (USPS)

Department of Technology Statewide Technology Procurement Division Attn: Robin Filpula, Procurement Official 10860 Gold Center Drive, Suite 200 – Security Desk Rancho Cordova, CA 95670

1.7

Department of Technology Statewide Technology Procurement Division Attn: Robin Filpula, Procurement Official Mail Stop Y12 P.O. Box 1810 Rancho Cordova, CA 95741-1810

KEY ACTION DATES

Listed in Table 1-2: Key Action Dates, are the important actions, dates and times by which the actions must be taken or completed. If the State finds it necessary to change any of these dates, it will be accomplished via an addendum to this IFB. All dates after the Final Bid Submission deadline are approximate and may be adjusted as conditions indicate without addendum to this IFB. Table 1-2: Key Action Dates Step

Action

Date and Time

1.

Release of IFB

05/05/16

2.

Last day to submit EXHIBIT 1, INTENT TO BID, and

05/16/16

EXHIBIT 2, SIGNED CONFIDENTIALITY STATEMENT 3.

Last day to submit written questions and request 05/27/16 changes to IFB requirements

4.

Last day to protest IFB requirements*

07/01/16

5.

Last day to submit Final Bids

08/22/16 2:00 pm PDT

6.

Public Cost Opening

09/09/16 10:00 am PDT

7.

Notification of Intent to Award**

09/26/16

8.

Last day to protest selections***

09/28/16

9.

Contract Award and Execution**

10/07/16

*five (5) business days following the last Addendum that changes the requirements of the IFB **All dates after submission of Final Bids are approximate and may be adjusted as conditions indicate without addendum to this IFB ***See Section 2.7 Protests

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AMERICANS WITH DISABILITIES ACT (ADA)

To comply with the nondiscrimination requirements of ADA, it is the policy of the State to make every effort to ensure that its programs, activities, and services are available to all persons, including persons with disabilities. For persons with a disability needing a reasonable accommodation to participate in the procurement process, or for persons having questions regarding reasonable accommodations of the procurement process, you may contact the Procurement Official identified in Section 1.6. You may also contact the State at the numbers listed below. Important: to ensure that we can meet your need, it is best that we receive your request for reasonable accommodations at least 10 working days before the scheduled event, e.g., meeting, conference, workshop, etc., or deadline due-date for procurement documents. The California Relay Service Telephone Numbers are: Voice: 1-800-735-2922 or 1-888-877-5379 TTY: 1-800-735-2929 or 1-888-877-5378 Speech to Speech: 1-800-854-7784

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2 RULES GOVERNING COMPETITION SECTION 2.1 2.1.1

IDENTIFICATION AND CLASSIFICATION OF IFB DOCUMENT REQUIREMENTS Requirements

The State has established certain requirements with respect to bids to be submitted by prospective Contractors. The use of “shall,” “must,” or “will” (except to indicate simple futurity) in the IFB document indicates a requirement or condition which is mandatory. A deviation from a requirement is material if the deficient response is not in substantial accord with the IFB document requirements, provides an advantage to one Bidder over other Bidders, or has a potentially significant effect on the delivery, quantity or quality of items bid 1, amount paid to the supplier, or on the cost to the State. Material deviations cannot be waived. A deviation, if not material, may be waived by the State 2.1.2

Desirable (D) Items

The words “should” or “may” in the IFB document indicate desirable attributes or conditions, but are non-mandatory in nature. Deviation from, or omission of, such a desirable feature, will not in itself cause rejection of the Bid.

2.2 2.2.1

BIDDING REQUIREMENTS AND CONDITIONS General

This IFB document, the evaluation of responses, and the award of any resultant contract shall be made in conformance with current competitive bidding procedures as they relate to the procurement of goods and services by public bodies in the State of California. A Bidder’s Final Bid is an irrevocable offer for 120 – 180 days following the scheduled date for Submission of Final Bids specified in Section 1.7, KEY ACTION DATES. A Bidder may extend the offer in the event of a delay of contract award. 2.2.2

IFB Document

This IFB document includes, in addition to an explanation of the State’s needs which must be met, instructions which prescribe the format and content of bids to be submitted and the model(s) of the contract(s) to be executed between the State and the successful Bidder(s). If a Bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in this IFB document, the Bidder shall immediately notify the Procurement Official identified in Section 1.6 of such error in writing and request clarification or modification of the document.

1

The word “bid” as used throughout is intended to mean “proposed”, “propose” or “bid” as appropriate.

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Modifications will be made by addenda issued pursuant to Subsection 2.2.7, Addenda. Such modifications shall be given by written notice to all parties who have identified themselves as Bidders to the Procurement Official identified in Section 1.6, without divulging the source of the request for same. Insofar as practicable, the State will give such notices to other interested parties, but the State shall not be responsible therefore. If the IFB document contains an error known to the Bidder, or an error that reasonably should have been known, the Bidder shall bid at its own risk. If the Bidder fails to notify the State of the error prior to the date fixed for submission of bids, and is awarded the contract, the Bidder shall not be entitled to additional compensation or time by reason of the error or its later correction. 2.2.3

Examination of the Work

The Bidder should carefully examine the entire IFB document and any addenda thereto, and all related materials and data referenced in the IFB document or otherwise available to the Bidder, and should become fully aware of the nature and location of the work, the quantities of the work, and the conditions to be encountered in performing the work. Specific conditions to be examined may be listed in Section 5, ADMINISTRATIVE REQUIREMENTS and/or Section 6, BUSINESS, FUNCTIONAL AND TECHNICAL REQUIREMENTS. 2.2.4

Questions Regarding the IFB Document

Bidders requiring clarification of the intent or content of this IFB or on procedural matters regarding the competitive bid process may request clarification by submitting questions utilizing Attachment 1 , Question Submittal Form, in an email or envelope clearly marked “Questions Relating to IFB 2015-01911 Next Generation 9-1-1 Systems and Services”, to the Procurement Official listed in Section 1.6. To ensure a response, questions must be received in writing by the scheduled date(s) given in Section 1.7, KEY ACTION DATES. Question and answer sets will be provided to all Bidders without identifying the submitters. At the sole discretion of the State, questions may be paraphrased by the State for clarity. A Bidder who desires clarification or further information on the content of the IFB, but whose questions relate to the proprietary aspect of that Bidder’s bid and which, if disclosed to other Bidders, would expose that Bidder’s bid, may submit such questions in the same manner as above, but also marked “CONFIDENTIAL,” and not later than the scheduled date specified in Section1.7, KEY ACTION DATES to ensure a response. The Bidder must explain why any questions are sensitive in nature. If the State concurs that the disclosure of the question or answer would expose the proprietary nature of the bid, the question will be answered and both the question and answer will be kept in confidence. If the State does not concur with the proprietary aspect of the question, the question will not be answered in this manner and the Bidder will be so notified. If the Bidder believes that one or more of the IFB requirements is onerous, unfair, or imposes unnecessary constraints to the Bidder in proposing less costly or alternate solutions, the Bidder may request a change to the IFB by submitting, in writing, the recommended change(s) and the facts substantiating this belief and reasons for making the recommended change. Such request

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must be submitted to the Procurement Official by the date specified in Section 1.7, KEY ACTION DATES for submitting a request for change. Oral responses shall not be binding on the State. 2.2.5

Request for Change to Requirement

If the Bidder believes that one or more of the Soliciation requirements is onerous, unfair, or imposes unnecessary constraints to the Bidder in proposing less costly or alternate solutions, the Bidder may request a change to the Soliciation by submitting, Attachment 2, Template for Request for Changes Submittal, the recommended change(s) and the facts substantiating this belief and reasons for making the recommended change Such request must be submitted in an email or envelope clearly marked “Request for Changes Relating to IFB 2015-01911 Next Generation 9-1-1 Systems and Services”, to the Procurement Official listed in Section 1.6, by the date specified in Section 1.7, KEY ACTION DATES for submitting a request for change. Oral responses shall not be binding on the State. Requests for changes and the State’s response will be published as a Question and Answer set. 2.2.6

Intent to Bid

Bidders that want to participate in the IFB should submit a completed Exhibit 1, Intent to Bid by the date specified in Section 1.7, KEY ACTION DATES. This document may be mailed or emailed to the Procurement Official identified in Section 1.6. Only those Bidders acknowledging interest in this IFB will receive correspondence throughout this procurement. Correspondence to a Bidder regarding this IFB will only be given to the Bidder’s designated contact person. It shall be the Bidder’s responsibility to immediately notify the Procurement Official identified in Section 1.6, in writing, regarding any revision to the contact person information. The State shall not be responsible for bid correspondence not received by the Bidder if the Bidder fails to notify the State, in writing, about any change pertaining to the designated contact person. 2.2.7

Addenda

The State may modify the IFB prior to the date fixed for Final Bid Submission by issuance of an addendum to all Bidders who are participating in the bidding process at the time the addendum is issued. Addenda will be numbered consecutively. If a Bidder determines that an addendum unnecessarily restricts its ability to bid, the Bidder is allowed five (5) business days to submit a protest to the addendum according to the instructions contained in Subsection 2.7.1, Requirements Protests. 2.2.8

Plastic Trash Bag Certification Violations

Public Resources Code Section 42290 et seq. prohibits the State from contracting with any supplier, manufacturer, or wholesaler, and any of its divisions, subsidiaries, or successors that have been determined to be noncompliant to the recycled content plastic trash bag certification requirements. This includes award of a State contract or subcontract or renewal, extension, or modification of an existing contract or subcontract. Prior to award the State shall ascertain if the intended awardee or proposed Subcontractor is a business identified on the current California Integrated Waste Management Board noncompliant list(s). In the event of any doubt of the 08/04/16 Addendum #6

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status or identity of the business in violation, the State will notify the Board of the proposed award and afford the Board the opportunity to advise the State. No award will be made when either the Bidder or a Subcontractor has been identified either by published list or by advice from the Board, to be in violation of certification requirements. 2.2.9

Bonds

The State reserves the right to require a performance bond or other security document as specified in the IFB from the Bidder in an amount not to exceed the amount of the contract. In the event a surety bond is required by the State which has not been expressly required by the IFB, the State will reimburse the Bidder, as an addition to the purchase price, in an amount not exceeding the standard premium on such bond. 2.2.10 Discounts In connection with any discount offered, except when a provision is made for a testing period preceding acceptance by the State, time will be computed from the date of delivery of the supplies or equipment as specified, or from date correct invoices are received in the office specified by the State if the latter date is later than the date of delivery. When a provision is made for a testing period preceding Acceptance by the State, the date of delivery shall mean the date the supplies or equipment are accepted by the State during the specified testing period. Payment is deemed made, for the purpose of earning the discount, on the date of mailing the State warrant or check. Cash discounts offered by Bidders for the prompt payment of invoices will not be considered in evaluating offers for award purposes; however, all offered discounts will be taken if the payment is made within the discount period, even though not considered in the evaluation of offers. 2.2.11 Air or Water Pollution Violations Unless the contract is less than $25,000 or with a non-competitively bid Contractor, Government Code Section 4477 prohibits the State from contracting with a person, including a corporation or other business association, who has been determined to be in violation of any state or federal air or water pollution control law. Prior to an award, the State shall ascertain if the intended awardee is a person included in notices from the Boards. In the event of any doubt of the intended awardee’s identity or status as a person who is in violation of any state or federal air or water pollution law, the State will notify the appropriate Board of the proposed award and afford the Board the opportunity to advise the Department that the intended awardee is such a person. No award will be made to a person who is identified either by the published notices or by advice, as a person in violation of state or federal air or water pollution control laws. 2.2.12 Fair Employment and Housing Commission Regulations The California Government Code Section 12990 requires all State contractors to have implemented a Nondiscrimination Program before entering into any contract with the State. The 08/04/16 Addendum #6

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Department of Fair Employment and Housing (DFEH) randomly selects and reviews State contractors to ensure their compliance with the law. DFEH periodically disseminates a list of contractors who have not complied. Any contractor so identified is ineligible to enter into any State contract. 2.2.13 Exclusion for Conflict of Interest No consultant shall be paid out of State funds for developing recommendations on the acquisition of information technology (IT) products or services or assisting in the preparation of a feasibility study, if that consultant is to be a source of such acquisition or could otherwise directly and/or materially benefit from State adoption of such recommendations or the course of action recommended in the feasibility study. Further, no consultant shall be paid out of State funds for developing recommendations on the disposal of State surplus IT products, if that consultant would directly and/or materially benefit from State adoption of such recommendations. A consultant shall not be eligible to serve as the Prime Contractor or Subcontractor pursuant to this IFB if the Contractor/Subcontractor is currently working on the IFB in an Independent Verification and Validation (IV & V) role. 2.2.14 Seller’s Permit This IFB document is subject to all requirements set forth in Sections 6452, 6487, 7101 and 18510 of the Revenue and Taxation Code, and Section 10295 of the Public Contract Code (PCC), requiring contractors to provide a copy of their retailer’s seller’s permit or certification of registration, and, if applicable, the permit or certification of all participating affiliates issued by the State of California’s Board of Equalization. Unless otherwise specified in this IFB document, a copy of the retailer’s seller’s permit or certification of registration, and, if applicable, the permit or certification of all participating affiliates must be submitted within five (5) State business days of the State’s request. 2.2.15 Disclosure of Financial Interests Bids in response to State procurements for assistance in preparation of feasibility studies or the development of recommendations for the acquisition of IT products and services must disclose any financial interests (e.g., service contract, Original Equipment Manufacturer (OEM) agreements, remarketing agreements, etc.) that may foreseeably allow the individual or organization submitting the bid to materially benefit from the State’s adoption of a course of action recommended in the feasibility study or the acquisition recommendations. If, in the State’s judgment, the financial interest will jeopardize the objectivity of the recommendations, the State may reject the bid. 2.2.16 Unfair Practices Act and Other Laws Bidder warrants that its bid complies with the Unfair Practices Act (Business and Professions Code Section 17000 et seq.) and all applicable State and Federal laws and regulations.

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BIDDING STEPS General

Refer to Section 1.7, KEY ACTION DATES to determine which phases and steps are included in this IFB document. The Final Bid is a Mandatory step for all Bidders. All Bidders are strongly encouraged to follow the scheduled steps of this procurement document in order to submit a compliant Final Bid. Costs submitted in any submission other than the Final Bid may preclude the Bidder from continuing in the process. The Final Bid must be complete, including all cost information, required signatures, contract language changes agreed to in writing. Cost data (as identified in Section 8, BID FORMAT SECTION) must be submitted under separate, sealed cover. Changes that appear in the Final Bid, increase the risk that the Final Bid may be found defective. 2.3.2

Confidentiality

Bidder material becomes public only after the notice of Intent to Award is released. If material marked “confidential,” “proprietary,” or “trade secret” is requested pursuant to the Public Records Act, the State will make an independent assessment whether it is exempt from disclosure. If the State disagrees with the Bidder, the State will notify the Bidder and give them a reasonable opportunity to justify their position or obtain a court order protecting the material from disclosure. Bidders should be aware that marking a document “confidential” or “proprietary” in a Final Bid may exclude it from consideration for award and will not keep that document from being released after notice of award as part of the public record, unless a court has ordered the State not to release the document. The content of all working papers and discussions relating to the Bidders bid shall be held in confidence indefinitely, unless the public interest is best served by an item’s disclosure because of its direct pertinence to a decision, agreement or the evaluation of the Bid. Any disclosure of confidential information by the Bidder is a basis for rejecting the Bidders bid and ruling the Bidder ineligible to further participate. Any disclosure of confidential information by a State employee is a basis for disciplinary action, including dismissal from State employment, as provided by Government Code section 19570 et seq. Total confidentiality is paramount; it cannot be over emphasized. 2.3.3

Disposition of Bids

All materials submitted in response to this IFB document will become the property of the State of California and will be returned only at the State’s option and at the Bidders expense. At a minimum, the Master Copy of the Final Bid shall be retained for official files and will become a public record after the Notification of Intent to Award as specified in Section 1.7, KEY ACTION DATES. However, materials the State considers confidential information (such as confidential

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financial information submitted to show Bidder responsibility) will be returned upon request of the Bidder.

2.4

SUBMISSION OF BIDS

The instructions contained herein apply to the Final Bid. 2.4.1

Preparation

Bids are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this IFB document. Expensive bindings, colored displays, promotional materials, etc., are not necessary or desired. Emphasis should be concentrated on conformance to the IFB document instructions, responsiveness to the IFB document requirements, and completeness and clarity of content. 2.4.2

Bidders Cost

Costs for developing bids are the responsibility entirely of the Bidder and shall not be chargeable to the State. 2.4.3

Completion of Bids

Bids must be complete in all respects as required by Section 8, BID AND BID FORMAT. A Final Bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. A Final Bid must be rejected if any such defect or irregularity constitutes a material deviation from the IFB document requirements. The Final Bid must contain all costs as required by Section 7, COST and Section 8, BID AND BID FORMAT. 2.4.4

False or Misleading Statements

Bids which contain false or misleading statements, or which provide references which do not support an attribute or condition claimed by the Bidder, may be rejected. If, in the opinion of the State, such information was intended to mislead the State in its evaluation of the bid, and the attribute, condition, or capability is a requirement of this IFB document, it will be the basis for rejection of the bid. 2.4.5

Signature of Bid

A cover letter (which shall be considered an integral part of the Final Bid) and Standard Agreement STD 213, or any Bid Form shall be signed by an individual who is authorized to bind the bidding firm contractually. The signature block must indicate the title or position that the individual holds in the firm. An unsigned Final Bid may be rejected. 2.4.6

Delivery of Bids

Mail or deliver bids to the Procurement Official listed in Section 1.6. If mailed, it is suggested that you use certified or registered mail with return receipt requested as delivery of documents is at the Bidders own risk of untimely delivery, lost mail, etc. Bids must be received in the number of

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copies stated in the IFB, and not later than the dates and times specified. Refer to Section 8, BID FORMAT SECTION for complete instructions. 2.4.7

Withdrawal and Resubmission/Modification of Bids

A Bidder may withdraw its Final Bid at any time prior to the bid submission date and time specified in Section 1.7, KEY ACTION DATES by submitting a written notification of withdrawal signed by an authorized representative of the Bidder in accordance with Subsection 2.4.5 (Signature of Bid). The Bidder may thereafter submit a new or modified bid prior to such bid submission date and time. Modification offered in any other manner, oral or written, will not be considered. Other than as allowed by law, Final Bids cannot be changed or withdrawn after the date and time designated for receipt, except as provided in the IFB document.

2.5 2.5.1

EVALUATION AND SELECTION PROCESS General

Bids will be evaluated according to the procedures contained in Section 9, EVALUATION. 2.5.2

Evaluation Questions

During the evaluation and selection process, the State may desire the presence of a Bidder’s representative for answering specific questions, orally and/or in writing. During the evaluation of Final Bids, the State may ask the Bidder to clarify their submitted information but will not allow the Bidder to change their bid. 2.5.3

Rejection of Bids

The State may reject any or all bids and may waive any immaterial deviation or defect in a bid. The State’s waiver of any immaterial deviation or defect shall in no way modify the IFB document or excuse the Bidder from full compliance with the IFB document specifications if awarded the contract. 2.5.4

Errors in Final Bid

An error in the Final Bid may cause the rejection of that bid; however, the State may at its sole option retain the bid and make certain corrections. In determining if a correction will be made, the State will consider the conformance of the bid to the format and content required by the IFB document, and any unusual complexity of the format and content required by the IFB document. A. If the Bidder’s intent is clearly established based on review of the complete Final Bid submittal, the State may at its sole option correct an error based on that established intent. B. The State may at its sole option correct obvious clerical errors. C. The State may at its sole option correct errors of omission, and in the following two (2) situations, the State will take the indicated actions if the Bidder’s intent is not clearly established by the complete bid submittal. 08/04/16 Addendum #6

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1) If an item is described in the narrative and omitted from the contract and cost data provided in the bid for evaluation purposes, it will be interpreted to mean that the item will be provided by the Bidder at no cost. 2) If an item is not mentioned at all in the Final Bid, the bid will be interpreted to mean that the item will be provided at no cost. D. If a Bidder does not follow the instructions for computing costs not related to the contract (e.g., State personnel costs), the State may reject the bid, or at its sole option, recompute such costs based on instructions contained in the IFB document. E. If the re-computations or interpretations, as applied in accordance with this section, result in significant changes in the amount of money to be paid to the Bidder (if awarded the contract) or in a requirement of the Bidder to supply a major item at no cost, the Bidder will be given the opportunity to promptly establish the grounds legally justifying relief from its bid. F. It is absolutely essential that Bidders carefully review the cost elements in their Final Bid, since they will not have the option to correct errors after the time for submittal. G. The State may request clarification of items in the Bidder’s response if the meaning is not clear to the State. Responses to requests for clarification must be confirmed in writing by the Bidder as instructed by the State’s Procurement Official at the time of the request.

H. At the State’s sole discretion, it may declare the Final Bid to be a Draft Bid in the event that

the State determines that Final Bid from all Bidders contain material deviations. Bidders may not protest the State’s determination that all bids have material deviations. If all bids are declared noncompliant, the State may issue an addendum to the IFB. Should this occur the State may hold confidential discussions with those Bidders who submitted a Draft Bid and who are interested in continuing to be considered. Each participating Bidder will be notified of the due date for the submission of a new Final Bid to the State. This submission must conform to the requirements of the original IFB as amended by any subsequent addenda. The new Final Bids will be evaluated as required by Section 9, EVALUATION.

2.6

AWARD OF CONTRACT

Award of contract, if made, will be in accordance with Section 9, EVALUATION to a responsive responsible Bidder whose Final Bid complies with all the requirements of the IFB document, except for such immaterial defects as may be waived by the State. Contract Award, if made, will occur pursuant to Section 1.7, KEY ACTION DATES; however the State, at its sole option, may change the Contract Award date. The State reserves the right to modify or cancel in whole or in part its IFB document. Written notification of the State’s Intent to Award will be made to all Bidders submitting a Final Bid. If a Bidder, having submitted a Final Bid, can show that its Bid, should be selected for contract award according to the rules of Section 9, EVALUATION, the Bidder will be allowed to submit a protest to the Intent to Award, according to the instructions contained in Subsection 2.7.2 Award Protests. Any Contract executed as a result of this IFB, may be amended, consistent with the Terms and Conditions (T&Cs) of the contract and by mutual consent of both parties, subject to approval by the Statewide Technology Procurement Division under Public Contracting Code 12100.

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Debriefing

A debriefing may be held after contract award at the request of any Bidder for the purpose of receiving specific information concerning the evaluation. The discussion will be based primarily on the technical and cost evaluations of the Bidder’s Final Bid. A debriefing is not the forum to challenge the IFB document specifications or requirements.

2.7

PROTESTS

There are two (2) types of protests: requirements (initial) protests and award protests. A protest shall be submitted according to the procedure below. Protests regarding any issue other than selection of the “Successful Bidder” are requirements protests and will be heard and resolved by the Deputy Director of the Department of Technology, Statewide Technology Procurement Division (STPD), whose decision will be final. 2.7.1

Requirements Protests

Requirements (initial) Protest: Before a requirements protest is submitted, the Bidder must make full and timely use of the procedures described in this section to resolve any outstanding issue(s) between the Bidder and the State. The procurement procedure is designed to give the Bidder and the State adequate opportunity to submit questions and discuss the requirements, bids and counter bids before the Final Bid is due. The protest procedure is made available in the event that a Bidder cannot reach a fair agreement with the State after exhausting these procedures. All protests of requirements must be made in writing, signed by an individual authorized under Subsection 2.4.5, Signature of Bid, and contain a statement of the reason(s) for protest, citing the law, rule, regulation, or procedures on which the protest is based. The protestant must provide facts and evidence to support the claim. All protests to the IFB requirements must be received by the Deputy Director of the Department of Technology Statewide Technology Procurement Division (STPD) as promptly as possible, but not later than the respective time and date in Section 1.7, KEY ACTION DATES for such protests. Protests must be mailed or delivered to: Table 2-1: Requirements Protest Street Address: Marnell Voss, Deputy Director Department of Technology Statewide Technology Procurement Division 10860 Gold Center Drive, 4th Floor Rancho Cordova, CA 95670

Mailing Address: Marnell Voss, Deputy Director Department of Technology Statewide Technology Procurement Division P.O. Box 1810 MS Y12 Rancho Cordova, CA 95741-1810

Copies of all protests are to be sent to the Procurement Official listed in Section 1.6. 2.7.2

Award Protest

Award Protest: An award protest is where a Bidder has submitted a bid which it believes to be responsive to the requirements of the IFB document and to be the bid that should have been selected according to the evaluation procedure in Section 9, EVALUATION and the Bidder believes the State has incorrectly selected another Bidder for award. 08/04/16 Addendum #6

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Alternative Protest Process

This procurement is being conducted under the provisions of the Alternative Protest Process (Public Contract Code Section 12125 et seq.) Bidder understands that by submitting a bid to this procurement, the Bidder consents to participation in the Alternative Protest Process, and agrees that all protests of the proposed award shall be resolved by binding arbitration pursuant to the California Code of Regulations, Title 1, Division 2, Chapter 5. http://www.dgs.ca.gov/oah/GeneralJurisdiction/BidProtestRegs.aspx A Notice of Intent to Award for this IFB will be publicly posted on the 2nd floor Security Desk of the Department of Technology, 10860 Gold Center Drive, Rancho Cordova, CA and sent via email to any Bidder who submits a written request for notice and provided an email address. During the protest period, any participating Bidder may protest the proposed award on the following grounds: A. For major information technology acquisitions – that there was a violation of the IFB procedure(s) and that the protesting Bidders bid should have been selected; or B. For any other acquisition – that the protesting Bidders bid should have been selected in accordance with the selection criteria in the IFB document. A written Notice of Intent to Protest the proposed award of this IFB must be received (Facsimile acceptable) by the Coordinator by the date and time specified in Section 1.7, KEY ACTION DATES. Failure to submit a timely, written Notice of Intent to Protest waives Bidders right to protest. Bidder is to send the Notice of Intent to Protest to: Table 2-2: Notice of Intent to Protest Address Hand Delivered Bid, Parcel Post (FedEx, UPS, etc.) Department of Technology Statewide Technology Procurement Division Attn: Alternative Protest Process Coordinator 10860 Gold Center Drive, Suite 200 – Security Desk Rancho Cordova, CA 95670

United States Postal Service (USPS) Department of Technology Statewide Technology Procurement Division Attn: Alternative Protest Process Coordinator Mail Stop Y12 P.O. Box 1810 Rancho Cordova, CA 95741-1810

Email: [email protected]

Copies of the protest are to be sent to the Procurement Official listed in Section 1.6. Within seven (7) working days after the last day to submit a Notice of Intent to Protest, the Coordinator must receive from the protesting Bidder the complete protest filing including the signed, written detailed statement of protest including exhibits, filing fee and deposit or small business certification as applicable. Untimely submission of the complete protest filing waives the Bidders right to protest.

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Protest bond requirement: the bond amount for this Alternative Protest Process shall not be less than Ten percent (10%) of the estimated contract value. See California Code of Regulations, Title 1, Section 1418.

2.8

NEGOTIATIONS

The State of California reserves the right to negotiate. Should it be determined that it is in the State’s best interest, the State will conduct negotiations under PCC §6611. The purpose of the Negotiation Process is to maximize the State’s ability to obtain best value, based on the requirements and the evaluation factors set forth in the IFB.

2.9

CONTACTS FOR INFORMATION

Bidders may only contact the Procurement Official listed in Section 1.6 with regard to this IFB document. Oral communications of department officers and employees concerning this IFB document shall not be binding on the State and shall in no way excuse the Bidder of any obligations set forth in this IFB document.

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PAGE INTENTIONALLY LEFT BLANK

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3 CURRENT ENVIRONMENT The CA 9-1-1 Branch oversees over 440 PSAPs that use tariffs to receive their Enhanced emergency call routing functions (9-1-1 services) via traditional Tip-n-ring, dedicated wirelines to deliver enhanced 9-1-1 calls to the proper PSAP via the Selective Router based on the preassigned ESN. Some NG9-1-1 Core Services are procured using the CDT CALNET 2 contract for 37 PSAPs in the Northeast Grant Project.

3.1

Current PSAP Locations

The current list of PSAPs who are funded by the CA 9-1-1 Branch are included in Table 3-1: PSAPs Currently Funded by SETNA. PSAPs may be added or removed from time to time by the State for a variety of reasons. Not all PSAPs request/receive funding from the CA 9-1-1 Branch, therefore, the PSAPs List is not inclusive of all PSAPs in California. The status of NG9-1-1 Core Services Existing, in place today, and planned are designated by CE or CP. Core Services Planned are at those PSAPs involved in a project to plan for NG9-1-1 Core Service implementation. The Evergreen Network based Turn-key Solution existing, in place today, and planned to be implemented are designated by EE or EP. CE – Core Existing CP – Core Planned EE – Evergreen Existing EP – Evergreen Planned TABLE 3.1 PSAPs CURRENTLY FUNDED BY SETNA # 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19.

STATUS

PSAP NAME Alameda County Regional Fire/LLNL Alameda County Sheriff’s Department Alameda Police Department Albany Police Department Alhambra Police/Fire Department Amador County Sheriff’s Department Anaheim Police Department Antioch Police Department Arcadia Police Department Arcata Police Department Arvin Police Department Atascadero Police Department Atherton Police Department Atwater Police Department Auburn Police Department Avalon Fire Department Azusa Police Department Bakersfield Police Department Baldwin Park Police Department

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EP, CP

EP, CP

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LOCATION Livermore San Leandro Alameda Albany Alhambra Jackson Anaheim Antioch Arcadia Arcata Arvin Atascadero Atherton Atwater Auburn Avalon Azusa Bakersfield Baldwin Park

250

State of California CA Governor’s Office of Emergency Services # 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63.

IFB 2015-01911

PSAP NAME Banning Police Department Barstow Police Department Bay Area Rapid Transit (BART) Police Department Bear Valley Police Department Beaumont Police Department Bell Gardens Police Department Bell Police Department Belmont Police Department Benicia Police Department Berkeley Police/Fire Communications Center Beverly Hills Police Department Bishop Police Department Blythe Police Department Brawley Police Department Brea Police Department Buena Park Police Department Burbank Police Department Burlingame Police Department Butte County Sheriff’s Department Calaveras County Sheriff’s Department Calexico Police Department CAL-FIRE Camino (Amador/El Dorado Unit) CAL-FIRE El Cajon (San Diego Unit) CAL-FIRE Felton (San Mateo/Santa Cruz Unit) CAL-FIRE Fortuna (Humboldt/Del Norte Unit) CAL-FIRE Fresno (Fresno/Kings Unit) CAL-FIRE Grass Valley (Nevada/Yuba/Placer Unit) CAL-FIRE Mariposa (Madera/Mariposa/Merced Unit) CAL-FIRE Monterey (San Benito/Monterey Unit) CAL-FIRE Morgan Hill (Santa Clara Unit) CAL-FIRE Oroville (Butte Unit) CAL-FIRE Perris (Riverside Unit) CAL-FIRE Red Bluff (Tehama/Glenn Unit) CAL-FIRE Redding (Shasta/Trinity Unit) CAL-FIRE San Andreas (Tuolumne/Calaveras Unit) CAL-FIRE San Bernardino (San Bernardino Unit) CAL-FIRE San Luis Obispo (San Luis Obispo Unit) CAL-FIRE St Helena (Sonoma/Lake/Napa Unit) CAL-FIRE Susanville (Lassen/Modoc Unit) CAL-FIRE Visalia (Tulare Unit) CAL-FIRE Willits (Mendocino Unit) CAL-FIRE Yreka (Siskiyou Unit) California City Police Department Calistoga Police Department

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STATUS

EP, CP

EE, CP CE

CE CE CE

CE

CE

LOCATION Banning Barstow Oakland Tehachapi Beaumont Bell Gardens Bell Belmont Benicia Berkeley Beverly Hills Bishop Blythe Brawley Brea Buena Park Burbank Burlingame Oroville San Andreas Calexico Camino El Cajon Felton Fortuna Fresno Grass Valley Mariposa Monterey Morgan Hill Oroville Perris Red Bluff Redding San Andreas San Bernardino San Luis Obispo St Helena Susanville Visalia Willits Yreka California City Calistoga

251

State of California CA Governor’s Office of Emergency Services # 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. 106. 107.

IFB 2015-01911 STATUS

PSAP NAME Campbell Police Department Carlsbad Police Department Carmel Police Department Cathedral City Police Department Ceres Police Department Cerritos College Police Department Chico Police Department Chino Police Department Chowchilla Police Department CHP Atwater (Merced) CHP Bakersfield (Kern) CHP Barstow (San Bernardino) CHP Bishop (Inyo) CHP Border Comm Center CHP Capitol Communications Center CHP Chico (Butte) CHP El Centro (Imperial) CHP Eureka (Humboldt) CHP Fresno CHP Indio (Riverside) CHP Inland (San Bernardino) CHP Irvine (Orange) CHP Los Angeles CHP Rancho Cordova (Sacramento) CHP Redding (Shasta) CHP Salinas (Monterey) CHP San Luis Obispo CHP Stockton (San Joaquin) CHP Susanville (Lassen) CHP Truckee (Nevada) CHP Ukiah (Mendocino) CHP Vallejo/Golden Gate (Solano) CHP Ventura CHP Yreka (Siskiyou) Chula Vista Police Department Citrus Heights Police Department Claremont Police Department Cloverdale Police Department Clovis Police Department Coalinga Police Department Colma Police Department Colton Police Department Colusa County Sheriff’s Department Concord Police Department

08/04/16 Addendum #6

CE

CE

CE

CE

CE

CE

Page 21

LOCATION Campbell Carlsbad Carmel Cathedral City Ceres Norwalk Chico Chino Chowchilla Atwater Bakersfield Barstow Bishop San Diego Sacramento Chico Imperial Arcata Fresno Indio Fontana Irvine Los Angeles Rancho Cordova Redding Salinas San Luis Obispo Stockton Susanville Truckee Ukiah Vallejo Ventura Yreka Chula Vista Citrus Heights Claremont Cloverdale Clovis Coalinga Colma Colton Colusa Concord

252

State of California CA Governor’s Office of Emergency Services # 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. 133. 134. 135. 136. 137. 138. 139. 140. 141. 142. 143. 144. 145. 146. 147. 148. 149. 150. 151.

IFB 2015-01911

PSAP NAME CONFIRE - San Bernardino County Fire (Rialto) Contra Costa County Fire Protection District Contra Costa County Sheriff’s Department Corcoran Police Department Corning Fire Department Corning Police Department Corona Police Department Coronado Police Department Costa Mesa Police Department Cotati Police Department Covina Police Department CSU Channel Island Police Department CSU Chico Police Department CSU Dominguez Hills Police Department CSU East Bay Police Department CSU Fresno Police Department CSU Fullerton Police Department CSU Humboldt Police Department CSU Long Beach University Police CSU Los Angeles Police Department CSU Northridge University Police CSU Pomona (Cal Poly) Police Department CSU San Bernardino Police Department CSU San Diego Police Department CSU San Francisco Police Department CSU San Jose Police Department CSU San Luis Obispo (Cal Poly) Police Department CSU San Marcos Police Department CSU Sonoma Police Department Culver City Police/Fire Department Daly City Police Department Davis Police Department Del Norte County Sheriff’s Department Delano Police Department Dinuba Police Department Dos Palos Police Department (Westside Regional CC ) Downey C Fire Department Downey Police Department East Bay Regional Park District El Cajon Police Department El Camino Community College District Police El Centro Police Department El Dorado County Sheriff’s Department El Monte Police Department

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STATUS

CE CE

EP,CP CE

EP,CP

LOCATION Rialto Pleasant Hill Martinez Corcoran Corning Corning Corona Coronado Costa Mesa Cotati Covina Camarillo Chico Carson Hayward Fresno Fullerton Arcata Long Beach Los Angeles Northridge Pomona San Bernardino San Diego San Francisco San Jose San Luis Obispo San Marcos Rohnert Park Culver City Daly City Davis Crescent City Delano Dinuba Dos Palos Downey Downey Castro Valley El Cajon Torrance El Centro Placerville El Monte

253

State of California CA Governor’s Office of Emergency Services # 152. 153. 154. 155. 156. 157. 158. 159. 160. 161. 162. 163. 164. 165. 166. 167. 168. 169. 170. 171. 172. 173. 174. 175. 176. 177. 178. 179. 180. 181. 182. 183. 184. 185. 186. 187. 188. 189. 190. 191. 192. 193. 194. 195.

IFB 2015-01911

PSAP NAME Elk Grove Police Department Emeryville Police Department Escondido Police Department Eureka Police Department Fairfax Police Department Fairfield Police Department Firebaugh Police Department Folsom Police Department Fontana Police Department Fortuna Police Department Foster City Police Department Fountain Valley Police Department Fremont Police Department Fresno County EMS Fresno County Sheriff’s Department Fresno Police Department Fullerton Police Department Galt Police Department Garden Grove Police Department Gilroy Police Communications Glendale Police Department Glendora Police Department Glenn County Sheriff’s Department Gridley Police Department Grover Beach Police Department Hanford Police Department Hayward Police Department Healdsburg Police Department Heartland Communications Facility Authority - Fire Hemet Police Department Hillsborough Police Department Humboldt County Sheriff’s Department Huntington Beach Police Department Huntington Park Police Department Huron Police Department Imperial County Sheriff’s Department Indio Police Department Inglewood Police/Fire Department Communications Inyo County Sheriff’s Department Irvine Police Department Irwindale Police Department Kern County Fire Department Kern County Sheriff’s Department Kings County Sheriff’s Department

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STATUS

EE,CP CE CE

LOCATION Elk Grove Emeryville Escondido Eureka Fairfax Fairfield Firebaugh Folsom Fontana Fortuna Foster City Fountain Valley Fremont Fresno Fresno Fresno Fullerton Galt Garden Grove Gilroy Glendale Glendora Willows Gridley Grover Beach Hanford Hayward Healdsburg El Cajon Hemet Hillsborough Eureka Huntington Beach Huntington Park Huron El Centro Indio Inglewood Independence Irvine Irwindale Bakersfield Bakersfield Hanford

254

State of California CA Governor’s Office of Emergency Services # 196. 197. 198. 199. 200. 201. 202. 203. 204. 205. 206. 207. 208. 209. 210. 211. 212. 213. 214. 215. 216. 217. 218. 219. 220. 221. 222. 223. 224. 225. 226. 227. 228. 229. 230. 231. 232. 233. 234. 235. 236. 237. 238. 239.

IFB 2015-01911

PSAP NAME Kingsburg Police Department La Habra Police Department La Mesa Police Department La Palma Police Department La Verne Police/Fire Department Laguna Beach Police Department Lake County Sheriff’s Department LASD Carson Sheriff’s Station LASD - Century Sheriff’s Station LASD – Cerritos Sheriff’s Station LASD - Compton Sheriff’s Station LASD - Crescenta Valley Sheriff’s Station LASD - East Los Angeles Sheriff’s Station LASD - Industry Sheriff’s Station LASD - Lakewood Sheriff’s Station LASD - Lancaster Sheriff’s Station LASD - Lomita Sheriff’s Station LASD - Lost Hills/Malibu Sheriff’s Station (Agoura) LASD - Marina Del Rey Sheriff’s Station LASD - Metro Transportation Authority LASD - Norwalk Sheriff’s Station LASD - Palmdale Sheriff’s Station LASD - Pico Rivera Sheriff’s Station LASD - San Dimas Sheriff’s Station LASD - Santa Clarita Valley Sheriff’s Station LASD - South Los Angeles Sheriff’s Station LASD - Temple City Sheriff’s Station LASD - Walnut/Diamond Bar Sheriff’s Station LASD - West Hollywood Sheriff’s Station Lassen County Sheriff’s Department Lincoln Police Department Lindsay Police Department Livermore Police Department Livingston Police Department Lodi Police Department Lompoc Police Department Long Beach Fire Department Long Beach Police Department Los Altos Police Department Los Angeles City Fire Department Los Angeles County Fire Los Angeles Police Department Los Banos Police Department Los Gatos Police Communications

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STATUS

EP,CP

CE

LOCATION Kingsburg La Habra La Mesa La Palma La Verne Laguna Beach Lakeport Carson Lynwood Cerritos Compton La Crescenta Los Angeles City of Industry Lakewood Lancaster Lomita Calabasas Marina Del Rey Los Angeles Norwalk Palmdale Pico Rivera San Dimas Valencia Los Angeles Temple City Walnut Los Angeles Susanville Lincoln Lindsay Livermore Livingston Lodi Lompoc Long Beach Long Beach Los Altos Los Angeles Los Angeles Los Angeles Los Banos Los Gatos

255

State of California CA Governor’s Office of Emergency Services # 240. 241. 242. 243. 244. 245. 246. 247. 248. 249. 250. 251. 252. 253. 254. 255. 256. 257. 258. 259. 260. 261. 262. 263. 264. 265. 266. 267. 268. 269. 270. 271. 272. 273. 274. 275. 276. 277. 278. 279. 280. 281. 282. 283.

IFB 2015-01911

PSAP NAME Madera County Sheriff Madera Police Department Manteca Police Department Marin County Fire Department Marin County Sheriff’s Department Mariposa County Sheriff’s Department Martinez Police Department Marysville Police Department McFarland Police Department Mendocino County Sheriff’s Department Menlo Park Police Department Merced County Sheriff’s Department Merced Emergency Medical Services Merced Police Department MetroNet - Metro Cities Fire Authority Comm. Center Milpitas Police Department Modoc County Sheriff’s Department Mono County Sheriff’s Department Monrovia Police Department Montclair Police Department Montebello Police Department Montecito Fire Protection District Monterey County Emergency Communications Monterey Park Police/Fire Department Morgan Hill Police Communications Mountain View Police/Fire Department Mt. Shasta Police Department Murrieta Police Department Napa County Communications NASA AMES Police Department National City Police Department Nevada County Sheriff’s Department Newark Police/Fire Department Newport Beach Police Department North County Dispatch Novato Police Department Oakdale Police Department Oakland Fire Department Oakland Police Department Oceanside Police Department Ontario Fire Department Ontario Police Department Orange County Fire Authority Orange County Sheriff’s Department (Harbor P t l/N tB h)

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STATUS

CE EE,CP

CE EP,CP EP,CP

EP,CP

CE

LOCATION Madera Madera Manteca Woodacre San Rafael Mariposa Martinez Marysville McFarland Ukiah Menlo Park Merced Merced Merced Anaheim Milpitas Alturas Bridgeport Monrovia Montclair Montebello Montecito Salinas Monterey Park Morgan Hill Mountain View Mt Shasta Murrieta Napa Moffett Field National City Nevada City Newark Newport Beach Rancho Santa Fe Novato Oakdale Oakland Oakland Oceanside Ontario Ontario Irvine Corona Del Mar

256

State of California CA Governor’s Office of Emergency Services # 284. 285. 286. 287. 288. 289. 290. 291. 292. 293. 294. 295. 296. 297. 298. 299. 300. 301. 302. 303. 304. 305. 306. 307. 308. 309. 310. 311. 312. 313. 314. 315. 316. 317. 318. 319. 320. 321. 322. 323. 324. 325. 326. 327.

IFB 2015-01911

PSAP NAME Orange County Sheriff’s Department Orange Police Department Oroville Police Department Oxnard Police/Fire Department Palm Springs Police/Fire Department Palo Alto Police Department Palos Verdes Estates Police/Fire Department Paradise Police Department Pasadena Police Department Paso Robles Police Department Petaluma Police Department Piedmont Police Department Pinole Police Department Pismo Beach Police Department Placentia Police Department Placer County Sheriff’s Department Placerville Police Department Pleasant Hill Police Department Pleasanton Police Department Plumas County Sheriff’s Department Pomona Police Department Port Hueneme Police Department Porterville Police Department Red Bluff Police Department Redlands Police Department Redondo Beach Police/Fire Department Redwood City Police Department Reedley Police Department Rialto Police Department Richmond Police Department Ridgecrest Police Department Ripon Police Department Riverside County Sheriff’s Department Riverside County Sheriff’s Department Riverside County Sheriff’s Department Riverside Police Department Rocklin Police Department Rohnert Park Police Department Roseville Police Department Sacramento City Police Department Sacramento County Sheriff’s Department Sacramento Regional Fire Emergency Comm. Center SRFECC San Bernardino County Sheriff’s Department (Ri ltBernardino /V ll ) County Sheriff’s Department San (Vi t ill /D t)

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STATUS

CE CP

CE EE,CP

CE EP,CP

CE

LOCATION Silverado Orange Oroville Oxnard Palm Springs Palo Alto Palos Verdes Paradise Pasadena Paso Robles Petaluma Piedmont Pinole Pismo Beach Placentia Auburn Placerville Pleasant Hill Pleasanton Quincy Pomona Port Hueneme Porterville Red Bluff Redlands Redondo Beach Redwood City Reedley Rialto Richmond Ridgecrest Ripon Blythe Palm Desert Riverside Riverside Rocklin Rohnert Park Roseville Sacramento Elk Grove Sacramento Rialto Hesperia

257

State of California CA Governor’s Office of Emergency Services # 328. 329. 330. 331. 332. 333. 334. 335. 336. 337. 338. 339. 340. 341. 342. 343. 344. 345. 346. 347. 348. 349. 350. 351. 352. 353. 354. 355. 356. 357. 358. 359. 360. 361. 362. 363. 364. 365. 366. 367. 368. 369. 370. 371.

IFB 2015-01911

PSAP NAME San Bernardino Police Department San Bruno Police Department San Diego County Lifeguards San Diego County Sheriff’s Department San Diego Fire Communications San Diego Harbor Police Department San Diego Police Department San Fernando Police Department San Francisco Dept. Emergency Management San Francisco International Airport Police San Gabriel Police Department San Joaquin County Sheriff’s Department (St kt /F h C Communications ) San Jose Police/Fire San Leandro Police Department San Luis Obispo County Sheriff’s Department San Luis Obispo Police Department San Marino Police Department San Mateo County Communications San Mateo Police Department San Rafael Police Department San Ramon Valley Fire Protection District Santa Ana Police Department Santa Barbara County Sheriff’s Department Santa Barbara Police Department Santa Clara County Sheriff’s Department C i tiPolice Department Santa Clara Santa Cruz Regional 9-1-1 Santa Maria Police Department Santa Monica Police Department Santa Paula Police Department Santa Rosa Police Department Scotts Valley Police Department Sebastopol Police Department Selma Police Department Shafter Police Department Shasta County Comm. Center - SHASCOM Sierra County Sheriff’s Department Sierra Madre Police/Fire Department Signal Hill Police Department Simi Valley Police Department Siskiyou County Sheriff’s Department Solano County Sheriff Sonoma County REDCOM Fire & EMS Sonoma County Sheriff’s Department

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STATUS

EP,CP

EP,CP

EP,CP

CE CE EE,CP CP

LOCATION San Bernardino San Bruno San Diego San Diego San Diego San Diego San Diego San Fernando San Francisco South San Francisco San Gabriel French Camp San Jose San Leandro San Luis Obispo San Luis Obispo San Marino Redwood City San Mateo San Rafael San Ramon Santa Ana Santa Barbara Santa Barbara San Jose Santa Clara Santa Cruz Santa Maria Santa Monica Santa Paula Santa Rosa Scotts Valley Sebastopol Selma Shafter Redding Downieville Sierra Madre Signal Hill Simi Valley Yreka Fairfield Santa Rosa Santa Rosa

258

State of California CA Governor’s Office of Emergency Services # 372. 373. 374. 375. 376. 377. 378. 379. 380. 381. 382. 383. 384. 385. 386. 387. 388. 389. 390. 391. 392. 393. 394. 395. 396. 397. 398. 399. 400. 401. 402. 403. 404. 405. 406. 407. 408. 409. 410. 411. 412. 413. 414. 415.

IFB 2015-01911

PSAP NAME Sonora Police Department South Bay Regional Public Comm. Authority South Gate Police Department South Lake Tahoe Police Department South Pasadena Police/Fire Department South San Francisco Police Department St. Helena Police Department Stanislaus Regional 9-1-1 Stockton Fire Department Stockton Police Department Suisun City Police Department Sunnyvale Police Department Sutter County Sheriff’s Department Taft Police Department Tehama County Sheriff’s Department Torrance Police Department Tracy Police Department Trinity County Sheriff’s Department Tulare County Consol. Ambulance Dispatch - TCCAD Tulare County Fire Department Tulare County Sheriff’s Department Tulare Police Department Tuolumne County Sheriff’s Department Turlock Police Department UC Berkeley Police Department UC Davis Police Department UC Irvine Police Department UC Los Angeles Police Department UC Merced Police Department UC Riverside Police Department UC San Diego Police Department UC San Francisco Police Department UC Santa Barbara Police Department UC Santa Cruz Police Department Ukiah Police Department Union City Police Department Upland Police Department US Air Force Beale AFB SFCC US Air Force Edwards AFB Fire Department US Air Force Travis AFB US Air Force Vandenberg AFB Police/Fire Department US Army Fort Hunter Liggett Police Department US Army Fort Irwin Provost Marshall (MP) US Army Presidio of Monterey Dispatch Center

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STATUS

EP,CP

CE CE

CE

EE,CP

LOCATION Sonora Hawthorne South Gate South Lake Tahoe South Pasadena South San Francisco St. Helena Modesto Stockton Stockton Suisun Sunnyvale Yuba City Taft Red Bluff Torrance Tracy Weaverville Tulare Farmersville Visalia Tulare Sonora Turlock Berkeley Davis Irvine Los Angeles Merced Riverside La Jolla San Francisco Santa Barbara Santa Cruz Ukiah Union City Upland Beale AFB * Edwards AFB Travis AFB Vandenberg AFB Ft Hunter Liggett Fort Irwin Presidio of Monterey

259

State of California CA Governor’s Office of Emergency Services # 416. 417. 418. 419. 420. 421. 422. 423. 424. 425. 426. 427. 428. 429. 430. 431. 432. 433. 434. 435. 436. 437. 438. 439. 440. 441. 442. 443.

IFB 2015-01911

PSAP NAME US Park Police Golden Gate NRA US Sequoia National Park US Yosemite National Park USMC Camp Pendleton JECC USMC Logistics Base Barstow - NEBO Provost Marshall USMC Miramar Air Station Police/Fire Dept. USMC Twenty-Nine Palms Combat Center - Fire Vacaville Police Department Vallejo Police Department Valley Regional Emergency Communications Center Ventura County Fire Protection District Ventura County Sheriff’s Department Ventura Police Department Verdugo Fire Department Vernon Police Department Visalia Police Department Walnut Creek Police Department Weed Police Department West Covina Police/Fire Department WEST-COMM - West Cities Police Comm Center Westminster Police Department Whittier Police Department Willits Police Department Willows Fire Department Yolo Emergency Communications Agency YECA Yreka Police Department Yuba City Police Department Yuba County Sheriff’s Department

CE – Core Existing CP – Core Planned EE – Evergreen Existing EP – Evergreen Planned

STATUS

CP EE,CP

CE EP,CP

EE,CP CE CE CE CE

LOCATION San Francisco Three Rivers El Portal Camp Pendleton Barstow San Diego Twenty-Nine Palms Vacaville Vallejo Modesto Camarillo Ventura Ventura Glendale Vernon Visalia Walnut Creek Weed West Covina Seal Beach Westminster Whittier Willits Willows Woodland Yreka Yuba City Marysville

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4 PROPOSED ENVIRONMENT The NG9-1-1 services in California need to meet and exceed all industry standards for our diverse PSAP community, including 58 Counties statewide over a wide ranging geography. NG9-1-1 core services must meet the highest level of resiliency and availability to process all 9-1-1 request for services which can exceed the current thirty million (30,000,000) calls per year. The robust and diverse core network must be able to handle the large 9-1-1 call volume, text, video, pictures, email in an IP environment and provide remote tracking for all information that is processed from insertion to delivery in the network with a 99.999 percent reliability. Rapidly advancing technologies supporting NG9-1-1 services most likely will include: interfaces to high speed broadband access; evergreen network turnkey solutions; specialized; configurable policy routing functions as well as evolving text, multi-media and other data modalities. The CA 9-1-1 Branch will oversee and approve all purchases made under the Contract for NG9-1-1 Core Services and purchase the network connection to PSAPs (last mile) separately via CALNET 3 contract. All other network connections shall be inclusive of the Bidders offering. The result of this IFB will be to award contracts to multiple vendors who will provide a complete, end-to-end NG9-1-1 Core Service offering, which the CA 9-1-1 Branch will use to solicit bids from contractors based on a specific PSAP service location, anywhere, any size, and any call volume throughout the State of California. As technology emerges, the State will consider integrating future services that will benefit the Public and PSAP’s in providing emergency response.

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5 ADMINISTRATIVE REQUIREMENTS SECTION This section contains the Administrative Requirements that must be met in order to be considered responsive to this IFB. All Administrative Requirements listed in this section are denoted as follows: (M) are Mandatory and scored on a pass/fail basis. A “Fail” will result in a bid being deemed nonresponsive and, therefore, will be disqualified. Failure to provide a response to each Mandatory requirement where indicated will result in disqualification. (O) are Optional and are not required to be offered by the Bidders in order to be compliant with the IFB requirements. Bidders may choose whether to meet administrative requirements labeled as (O) such as those relating to preference points. However, if a Bidders offers any of these optional requirements, the Bidders must meet the minimum requirements as stated in this section. The State’s evaluation team will review responses to optional requirements and apply points, if applicable, per criteria stated in Section 9, Evaluation.

5.1 5.1.1

BIDDERS ADMINISTRATIVE RESPONSE DOCUMENTS Response to Administrative Requirements (M)

Bidders must indicate their willingness and ability to satisfy these requirements by marking “Yes” on the “Bidder agrees “Yes/No” column on Exhibit 3, “Response to Administrative Requirements”. Answering “No” to any of the Mandatory Administrative Requirements (M) in the Final Bid will result in the bid being deemed non-responsive, and therefore disqualified. 5.1.2

Secretary of State Certification (M)

If required by law, the Prime Contractor must submit a Certificate of Status from California Secretary of State, showing Prime Contractor is certified with the California Secretary of State (SOS) to do business in the State of California. If the Bidder does not currently have this certification, the firm must be certified before a Contract award can be made, and must provide information in the Final Bid to support the status of its application to be certified to do business in the State of California. Domestic and foreign Corporations, Limited Liability Companies (LLCs), Limited Liability Partnerships (LLPs) and Limited Partnerships (LPs) must be registered with the California SOS to be awarded the Contract. The SOS Certificate of Status must be included with the bid. The required document(s) may be obtained through the SOS, Certification and Records Unit at (916) 657-5448 or through the following website: http://kepler.sos.ca.gov/ (Exhibit 9). 5.1.3

Workers Compensation (M)

The Prime Contractor must maintain statutory Workers’ Compensation for all its employees who will be engaged in the performance of the Contract, and agree to furnish the State satisfactory

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evidence thereof at the time the State may so request. The Bidder is required to sign Exhibit 4, Workers’ Compensation Certification, and submit it with the Bid response. 5.1.4

Payee Data Record (M)

The Payee Data Record (STD.204) indicates the Bidder is subject to state income tax withholdings pursuant to California Revenue and Taxation Code section 18662. Bidders must complete Exhibit 7, Payee Data Record, and submit it with their bid. The Bidder must provide the company’s Federal Employer Identification Number (Business IRS Number) with their final bid submission on this form. The form can be located at the following website: http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf 5.1.5

Iran Contracting Act of 2010 (M)

Division 2, Part 1, Chapter 2.7 of the PCC is the Iran Contracting Act of 2010 (Act). This Act requires at §2203 that no one shall submit a bid for a contract, or enter into or renew a contract, with a public entity for goods or services valued at $1,000,000 or more if that person (i.e., Bidders or Contractor) engages in investment activities of $20,000,000 or more as described in PCC §2202.5 pursuant to all provisions of the Act. The Act, at §2204 requires Bidders to certify at the time the bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of PCC §2203 as a person engaging in investment activities in Iran described in subdivision (a) of PCC §2202.5, or as a person described in subdivision (b) of PCC §2202.5, as applicable. Bidders are therefore required to complete Exhibit 10, Iran Contracting Act of 2010, and submit it with their Final Bid, and again each time their awarded contract is renewed. 5.1.6

Confidentiality Statement (M)

The Bidder engaging in services pertaining to this IFB, requiring contact with confidential State information or State customer information will be required to exercise security precautions for all such data that is made available and must accept full legal responsibility for the protection of this confidential information. This includes all statistical, personal, technical and/or other confidential personal data and information relating to the State’s operations that are designated confidential by the State. The Bidder must submit Exhibit 2, Confidentiality Statement, for the Bidder’s firm. The completed Confidentiality Statement must be submitted with the Intent to Bid, Exhibit 1. The Bidder will also be required, upon Contract Award, to submit a signed Confidentiality Statement from all employees and Subcontractor staff assigned to the awarded Contract. 5.1.7

Subcontractors (M)

It is the Bidder’s responsibility to ensure any Subcontractor that the Bidder chooses to use in fulfilling the requirements of this IFB, which is expected to receive more than ten percent (10%) of the value of the Contract, must also meet all Administrative, Business, Functional and Technical Requirements of the IFB, as applicable to the services provided by the Subcontractor. 08/04/16 Addendum #6

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Nothing contained in the resulting contract shall create any relationship between the State and any Subcontractors, and no subcontract shall relieve the Bidder of its responsibilities and obligations. The Bidder is fully responsible to the State for the acts and omissions of its Subcontractors and of persons either directly or indirectly employed by them. The Contractor shall not change Subcontractor(s) and/ or DVBE Subcontractor(s) if such changes conflict with the work to be performed under this contract. For DVBE Subcontractor changes, the Contractor shall utilize another DVBE Subcontractor. The State recognizes that changes to Subcontractor(s) may be necessary and in the best interests of the State, however, advance notification of a contemplated change and the reasons for such change must be made to the State no less than seven (7) business days prior to the existing Subcontractor’s termination. If this should occur, the Contractor should be aware that the State contract administrator or designee must approve any changes to the Subcontractor(s) prior to the termination of the existing Subcontractor(s). This also includes any changes made between submittal of the Final Bid and actual start of the contract. The State will not compensate the Contractor for any of the Contractor’s time or effort to educate or otherwise make the new Subcontractor(s) ready to begin work on the contract. The Bidder’s obligation to pay its subcontracts is an independent obligation from the State’s obligation to pay or to enforce the payment of any money to any subcontractor. Contractor is solely responsible for any payments to or claims made by Subcontractors. 5.1.8

Bidder Declaration Form (M)

All Bidders must complete Exhibit 13, Bidder Declaration GSPD-05-105, and include it with the bid. When completing the declaration, the Bidder must identify all Subcontractors proposed for participation in the Contract. The Bidder awarded the Contract is contractually obligated to use the Subcontractors for the corresponding work identified, unless the Department agrees to a substitution and it is incorporated, in writing. If the Bidder is not using Subcontractors, complete the form with “Not Applicable” and the Bidders signature. The form is also available at: www.documents.dgs.ca.gov/pd/poliproc/MASTEr-BidDeclar08-09.pdf 5.1.9

Financial Stability (M)

In order to minimize the potential risk of default due to financial issues, the State reserves the right to request additional documentation throughout the life of the awarded contract. The State must be assured that the Bidder continues to have the financial resources to sustain their operations during potentially long system development and implementation phases including the time required for the Customer to pay the Bidder after project acceptance. 5.1.10 Bonds and Other Security Documents (M) Bidders may be required by the user agency to submit proof of Bondability from a surety admitted in California, which states the surety unconditionally offers to guarantee up to value of

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an individual project, the Bidder’s performance in all respects of the terms and conditions and provisions of this Contract.

5.2 5.2.1

BIDDING PREFERENCE PROGRAMS Cover Letter (M)

A cover letter must be submitted on Company Letterhead with the Final Bid and contain the following information: 1) Legal name of the Bidding organization. 2) Address of the Bidder’s organization. 3) A statement that the bid response is the Bidder’s binding offer, good for 120 – 180 calendar days from scheduled Contract Award date, as noted in Section 1.7, KEY ACTION DATES. 4) A statement indicating that the Bidder agrees to the terms and conditions of this IFB and accepting responsibility as the Prime Contractor if awarded the Contract resulting from this IFB. 5) A statement indicating that the Bidder has available staff with the appropriate skills to complete the Contract for all services and provide all deliverables as described in this IFB. 6) Be signed by an individual who is authorized to bind the bidding firm contractually. The individual’s name must also be typed, and include the title or position that the individual holds in the firm. An unsigned Final Bid may be rejected. 7) Email and phone number of the person signing the letter. 8) Date signed. 5.2.2

Disabled Veteran Business Enterprise (DVBE) Program

The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State contracts are established in Public Contract Code (PCC), Section 10115 et seq., Military and Veterans Code (MVC), Section 999 et seq., and California Code of Regulations (CCR), Title 2, Section 1896.60 et seq. For the purpose of this solicitation the DVBE program participation requirement has been waived, but the DVBE Incentive is still applicable.

5.2.1.1 DVBE Participation Incentive (O) DVBE incentives will be applied pursuant to California Code of Regulations (CCR), Title 2, §§1896.99.100 and 1896.99.120. The incentive will be applied during the evaluation process,

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and will only be applied to responsive bids from responsible Bidders providing at least one percent (1.00%) DVBE participation. The incentive amount is based on a scale under which Bidders obtaining higher levels of participation qualify for greater incentive amounts, according to the DVBE Incentive Scale, below. The minimum incentive amount for this RFP is one percent (1.00%) of the total available points not including points for socioeconomic incentives or preferences, with a maximum incentive amount of five percent (5%) of those total available points. Table 5-1:DVBE Incentive Scale

Confirmed DVBE Participation of: 5% or Over 4% to 4.99% inclusive 3% to 3.99% inclusive 2% to 2.99% inclusive 1% to 1.99% inclusive

DVBE Incentive Points

50 40 30 20 10

The awarded DVBE incentive will be applied by adding the qualifying points to the responsive bid submitted by a responsible Bidder. The computation is for evaluation purposes only. Application of the incentive shall not displace an award to a Small Business with a Non-Small Business. If the highest scoring responsive bid is from a responsible California certified Small Business, the only Bidders eligible for the incentive will be California certified Small Businesses. Claiming a DVBE Incentive is optional on the part of the Bidder (not mandatory), is for Bid evaluation purposes only, and does not alter the amount of the awarded Contracts. Bidders claiming a DVBE incentive must complete Exhibit 12, GSPD-05-105 Bidder Declarations, also available at www.documents.dgs.ca.gov/pd/poliproc/MASTEr-BidDeclar08-09.pdf, and Exhibit 13, STD 843 Disabled Veteran Business Enterprise Declaration, also available at www.documents.dgs.ca.gov/pd/poliproc/STD-843FillPrintFields.pdf. Bidders who are claiming the DVBE Incentive based on subcontracting to DSG certified DVBEs must also complete and submit as part of the Final Bid response, an Exhibit 18, Commercially Useful Function Statement, for each DVBE subcontractor. A separate STD 843 must be completed by California-certified DVBE owners and managers of each DVBE firm that will be participating in the awarded purchase document. A Bidder claiming the DVBE Incentive by using DGS certified DVBE Subcontractors shall be contractually obligated to use those Subcontractors for the corresponding work identified, unless the State agrees in writing to a substitution. See Section 9, EVALUATION, for details on the amount and application of the incentive during bid evaluation.

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5.2.3

IFB 2015-01911

Small Business Preference (O)

Sections 14835, et seq. of the California Government Code requires that a five percent (5%) preference be given to Bidders who are certified by the Department of General Services (DGS) as a Small Business. The rules and regulations of this law, including the definition of a Small Business are in California Code of Regulations, Title 2, Section 1896, et seq. Small Business Nonprofit Veteran Service Agency (SB/NVSA) prime Bidders that are California Small Business certified and meet the requirements under Military and Veterans Code sections 999.50, et seq. are eligible for the five percent (5%) Small Business preference. More information regarding the Small Business preference may be found at: www.dgs.ca.gov/pd/Programs/OSDS.aspx Bidders claiming the preference must complete Exhibit 12, Bidding Preferences and Incentives. 5.2.4

Non-Small Business Preference (O)

A five percent (5%) bid preference is available to Bidders who qualify as a non-small business claiming at least 25 percent (25%) California certified small business Subcontractor participation. A Bidder claiming the Small Business Preference by using DGS certified Small Business Subcontractors shall be contractually obligated to use those Subcontractors for the corresponding work identified, unless the State agrees in writing to a substitution per 2 CCR §1896.10. Certification applications and required support documents must be submitted to the DGS Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. on the Final Bid due date; and the OSDS must be able to approve the application as submitted. Bidders may contact the OSDS at (916) 375-4940 for any information or questions concerning certification. The Small Business Preference is optional on the part of the Bidder (not mandatory), is for Bid evaluation purposes only, and does not alter the amount of the awarded Contracts. If using Small Business Subcontractors, the Bidder must complete and submit Exhibit 13, GSPD05-105 Bidder Declaration. 5.2.5

Commercially Useful Function (M)

If the Bidder is a California-Certified SB, in accordance with AB 669 (Chapter 623, Statutes of 2003), the Bidder must address specific aspects of the legislation that requires Certified Small Businesses to perform a Commercially Useful Function as defined by Government Code Sections 14837, 14838.6, 14839, 14842, and 14842.5. A Contractor, Subcontractor, or supplier will not be considered to perform a Commercially Useful Function if the Contractor’s, Subcontractor’s, or supplier’s role is limited to that of an extra

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participant in the transaction, the awarded Contract, or project through which funds are passed to obtain the appearance of small business or micro business participation. Bidders must complete Exhibit 18, Commercially Useful Function (CUF) Certification. All Bidders and Subcontractors identified in the bid response to fulfill the requirements for one (1) or more of the socio-economic programs (DVBE and small business) must perform a commercially useful function (CUF) in the resulting contract. CUF is defined pursuant to Military and Veterans Code section 999(b)(5)(B) and Government Code section 14837(d)(4)(A) for the DVBE and small business programs, respectively. Bidders claiming one (1) or more of the socio-economic programs must complete and submit as part of the Final Bid response, Exhibit 13, GSPD-05-105 Bidder Declaration, also available at: www.documents.dgs.ca.gov/pd/poliproc/MASTEr-BidDeclar08-09.pdf. If Bidder is not using Subcontractors, complete and sign Exhibit 13 with “Not Applicable”. Bidder may be required to submit additional written clarifying information regarding CUF (Exhibit 18, Commercially Useful Function Certification). Failure to submit the requested written information as specified may be grounds for bid rejection. 5.2.6

Target Area Contract Preference Act (TACPA) (O)

Target Area Contract Preference will be granted to California-based firms in accordance with Government Code Section 4530 whenever contracts for goods or services are in excess of $100,000 and the Bidder meets certain requirements as defined in the California Administrative Code (Title 2, Section 1896.30 et seq.) regarding labor needed to produce the goods or provide the services being procured. The Target Area Preference is optional on the part of the Bidder (not mandatory), is for Bid evaluation purposes only, and does not alter the amount of the awarded Contracts. Bidders desiring to claim Target Area Contract Preference Act (TACPA) preference shall complete Exhibit 14, STD 830 Target Area Contract Preference Act – Preference Request for Goods and Services, and submit it with the Final Bid. STD 830 is also available at http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf. Additional instructions are provided on the form.

5.3

STD 213 IT, STANDARD AGREEMENT (M)

The STD 213 IT, Standard Agreement must be signed by a party authorized to bind the firm contractually. Bidders shall complete Exhibit 15, STD 213 IT Standard Agreement and attach the Statement of Work, Appendix A.

5.4

STATEMENT OF WORK (M)

Appendix A, Statement of Work, identifies and describes the tasks and responsibilities of the Contractor and responsibilities of the State during the development, implementation, and operations phases of the Next Generation 9-1-1 Systems and Services project. The Statement of Work is attached to the STD 213 IT Contract.

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5.5

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CONTRACT TERMS AND CONDITIONS (M)

The following terms and conditions apply to this IFB and the resulting Agreement: General Provisions – Information Technology (GSPD-401IT, 09/05/14) http://www.documents.dgs.ca.gov/pd/poliproc/GSPD401IT14_0905.pdf

5.6 5.6.1

BIDDER RESPONSIBILITY Ability to Perform (M)

Prior to award of the Contract, the State must be assured that the Bidder selected has all of the resources to successfully perform under the Contract. This includes, but is not limited to, personnel in the numbers and with the skills required; equipment of appropriate type and in sufficient quantity; financial resources sufficient to complete performance under the Contract; and experience in similar endeavors. If, during the evaluation process, the State is unable to assure itself of the Bidder’s ability to perform under the Contract, if awarded, the State has the option of requesting from the Bidder any information that the State deems necessary to determine the Bidder’s responsibility. If such information is required, the Bidder will be so notified and will be permitted five (5) State business days to submit the information requested in writing. Examples of the type of financial responsibility information requested may include annual reports and current audited balance sheets for the Bidder firm. 5.6.2

Primary Bidder (M)

An award, if made, will be to a Primary Bidder. The selected Primary Bidder will be responsible for successful performance of all Subcontractors and support services offered in response to this Bid. All State policies, guidelines, and requirements that apply to the Primary Bidder also apply to Subcontractors, as applicable to the products and services they provide and to their role as a Subcontractor. Furthermore, the State will consider the Primary Bidder to be the sole point of contact regarding contractual matters for the term of the resulting Contract. The Bidder shall not assign financial documents to a third-party without prior written approval by the State, and an amendment to the resulting Contract. 5.6.3

Commercial General Liability Insurance (M)

The Prime Contractor shall maintain general liability with limits of not less than $1,000,000 per occurrence for bodily injury and property damage liability combined. The policy shall include coverage for liabilities arising out of premises, operations, independent Contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured agreement. This insurance shall apply separately to each insured against whom a claim is made or suit is brought, subject to the Bidder’s limit of liability.

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In accordance with GSPD 401IT 09/05/2014, section 20 – Insurance; The Contractor shall furnish insurance certificate(s) evidencing required insurance coverage acceptable to the State, including endorsements showing the State as an “additional insured” if required under the Contract. Any required endorsements requested by the State must be separately provided; merely referring to such coverage on the certificates(s) is insufficient for this purpose. When performing work on state owned or controlled property, Contractor shall provide a waiver of subrogation in favor of the State for its workers’ compensation policy. The Prime Contractor shall agree to furnish the State satisfactory evidence thereof within ten (10) calendar days of Contract award. 5.6.4

Seller’s Permit (M)

This bid is subject to all requirements set forth in Sections 6452, 6487, 7101 and 18510 of the Revenue and Taxation Code, and Section 10295 of the Public Contract Code, requiring Bidders to provide a copy of their retailer’s seller’s permit or certification of registration, and, if applicable, the permit or certification of all participating affiliates issued by the State of California’s Board of Equalization. The seller’s permit must be submitted within (five (5) State Business Days of the State’s request or at the time of bid submission). For more information on seller’s permit or certification of registration, refer to the following link: http://boe.ca.gov/pdf/pub73.pdf

5.7 5.7.1

OTHER ADMINISTRATIVE TERMS AND CONDITIONS Amendment (M)

Any Contract executed as a result of this IFB, may be amended, consistent with the terms and conditions of the contract and by mutual consent of both parties, subject to approval by the Statewide Technology Procurement Division under PCC 12100. 5.7.2

Availability (M)

If at any time after award of this contract, the Contractor becomes unable to provide any part of its contracted services, the Contractor must, within ten (10) business days, notify the State in writing to seek a potential resolution, and if appropriate, propose a replacement of those services that it can no longer provide. The replacement must be at no cost to the State, and shall be equivalent to or exceed the proposed service that was previously offered and accepted by the State in the Contractor’s Final Bid or awarded Contract. The State reserves the sole right to determine if the proposed replacement is acceptable. An inability to provide a mandatory requirement may be grounds for Contract termination in whole or in part. 5.7.3

Bid Rejection

A Final Bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities, of any kind, in accordance with Section 2.5.4, Errors in the Final Bid.

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Deviation from terms and conditions previously approved for this IFB may be cause for rejection of the Bid. Bidders submitting conditional bids may be disqualified.

5.8 5.8.1

OTHER ADMINISTRATIVE REQUIREMENTS Productive Use (M)

The objective of the Productive Use Requirements is to protect the State from being an experimentalist for new equipment and software that has no record of proven performance. Although the State does not expect simply to install a solution already in productive use elsewhere, it wants to avoid becoming a “beta site” for a substantially new technology product. The proposed solution must include only equipment and off-the-shelf software that is currently supported by its manufacturer. No equipment and/or software may be proposed, specified, or employed if the manufacturer has announced an end to support. The productive use requirements defined in this subsection do not apply to any portion of the custom software developed or modified for the State under this contract. 5.8.2

Customer In-Use (M)

The State requires that each equipment and software component proposed as part of an automated system must have been installed and in productive use, in substantially the conformation bid, for a paying customer external to the Bidder’s organization, for at least the number of months shown in the table below prior to the required date of installation or Final Bid submission. Table 5-1: Productive Use Timeframes Product

Project Cost

Installation

Final Bid Submission

1) More than $100,000 Category 1 – Critical Software Software that is required to control the overall operation of a computer system or peripheral equipment. Included in this category are operating systems, data base management systems, language interpreters, assemblers and compilers, communications software, and other essential system software.

2) $10,000 up to $100,000

6 months

4 months

3 months

1 month

1 month

6 months

4 months

4 months

3 months

1 month

1 month

3) Less than $10,000 1) More than $100,000

Category 2 – All Information Technology Equipment and Non-critical Software. Information technology equipment is defined in SAM Section 4819.2.

8 months

2) $10,000 up to $100,000

3) Less than $10,000

Substantial design changes in required system control modules or in components critical to the processing requirements of the State’s workload are also subject to the In-use requirement. Increases or decreases in numbers of components or minor alteration in equipment or minor

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modifications or updates to software to provide improvements or features, to correct errors, or to accommodate hardware changes may be exempt from the In-use requirement by the Department of Technology, STPD, if no substantial changes in logic, architecture or design are involved. 5.8.3

PUBLIC WORKS REQUIREMENTS (APPLICABLE TO INSTALLATION ONLY) (M)

A. In accordance with the provisions of Section 1773 of the California Labor Code, the Contractor shall conform and stipulates to the general prevailing rate of wages, including employer benefits as defined in Section 1773.1 of the California Labor Code, applicable to the classes of labor to be used for public works such as at the delivery site for the assembly and installation of the equipment of materials purchased under the contract. B. Pursuant to Section 1770 of the California Labor Code, the Department of Industrial Relations has ascertained the general prevailing rate of wages in the county in which the work is to be done, to be as listed in the Department of Transportation booklet entitled General Prevailing Wage Rates. The booklet is required to be posted at the job site. Contact the Department of Industrial Relations, Prevailing Wage Unit at (415) 972-8628. C. Prior to the commencement of performance, the Contractor must obtain and provide to the State, a payment bond, on STD 807 when the contract involves a public works expenditure (labor/installation costs) in excess of $5,000.00. Such bond shall be in a sum not less than one-half the contract price for the public works portion of the labor/installation costs. Forms will be made available to the Contractor. D. Each participating Bidder shall submit with their bid a list of proposed subcontractors or indicate that none are to be used. See EXHIBIT 5. The State reserves the right to approve or object to the use of proposed subcontractors on the list. E. Each participating Bidder must certify that it is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing with the performance of work of this contract. A Workers’ Compensation Certification must be completed and submitted with an original signature with the Bidders Final Bid. See EXHIBIT 4. 5.8.4

Laws To Be Observed (M)

A. Labor Pursuant to Section 1775 of the California Labor Code, the Contractor shall, as a penalty to the State or political subdivision on whose behalf the contract is made or awarded, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid by the

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Contractor, or its subcontractor, less than the prevailing wage so stipulated; and in addition, the Contractor further agrees to pay to each worker the difference between the actual amount paid for each calendar day, or portion thereof, and the stipulated prevailing wage rate for the same. This provision shall not apply to properly registered apprentices. Pursuant to Sections 1810-1815 of the California Labor Code, inclusive, it is further agreed that the maximum hours a worker is to be employed is limited to eight hours a day and forty hours a week and the Contractor shall forfeit, as a penalty to the State, twenty-five dollars ($25) for each worker employed in the execution of the contract for each calendar day during which a worker is required or permitted to labor more than eight hours in any calendar day or more than forty hours in any calendar week, in violation of Sections 1810-1815 of the California Labor Code, inclusive. B. Travel and Subsistence Payments The Contractor shall pay the travel and subsistence of each worker needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with California Labor Code Section 1773.8 C. Apprentices Special attention is directed to Sections 1777.5, 1777.6, and 1777.7 of the California Labor Code and Title 8, California Code of Regulations Section 200 et seq. Each Contractor and/or subcontractor must, prior to commencement of the public works contract, contact the Division of Apprenticeship Standards, 525 Golden Gate Avenue, San Francisco, CA, or one of its branch offices to insure compliance and complete understanding of the law regarding apprentices and specifically the required rationale thereunder. Responsibility for compliance with this section lies with the prime Contractor. D. Payroll The Contractor shall keep an accurate payroll record showing the name, address, Social Security Account Number, work classification and straight time and overtime hours worked by each employee. A certified copy of the employee’s payroll record shall be made available for inspection as specified in Section 1776 of the California Labor Code. 5.8.5

Contractor’s License (M)

A. In accordance with the provisions of Section 1773 of the California Labor Code, the Contractor shall conform and stipulates to the general prevailing rate of wages, including employer benefits as defined in Section 1773.1 of the California Labor Code, applicable to the classes of labor to be used for public works such as at the delivery site for the assembly and installation of the equipment of materials purchased under the contract. B. Pursuant to Section 1770 of the California Labor Code, the Department of Industrial Relations has ascertained the general prevailing rate of wages in the county in which the work is to be done, to be as listed in the Department of Transportation booklet entitled

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General Prevailing Wage Rates. The booklet is required to be posted at the job site. Contact the Department of Industrial Relations, Prevailing Wage Unit at (415) 972-8628. C. Prior to the commencement of performance, the Contractor may be required obtain and provide to the State, a payment bond, on STD 807 when the contract involves a public works expenditure (labor/installation costs) in excess of $5,000.00. Such bond shall be in a sum not less than one-half the contract price for the public works portion of the labor/installation costs. Forms will be made available to the Contractor. D. Each participating Bidder shall submit with their bid a list of proposed subcontractors or indicate that none are to be used. See EXHIBIT 6. The State reserves the right to approve or object to the use of proposed subcontractors on the list. E. Each participating Bidder must certify that it is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing with the performance of work of this contract. A Workers’ Compensation Certification must be completed and submitted with an original signature with the Bidders Final Bid. See EXHIBIT 4. 5.8.6

Contractor’s Reporting Requirements (M)

Bidders agrees to all Contractor’s Reporting Requirements as stated in Appendix A, Statement of Work, Section 1.31 - Technical SLA Charts – Evergreen Network Based Turn-key Solution Reporting, and 1.32 – Reporting Requirements

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6 BUSINESS, FUNCTIONAL AND TECHNICAL REQUIREMENTS SECTION 6.1

INTRODUCTION

This Section contains the detailed Business, Functional and Technical requirements pertaining to the proposed system as described in Section 4, PROPOSED SYSTEM. In addition to meeting all other requirements of this IFB, Bidders must also adhere to all of the Mandatory (M) Business, Functional and Technical requirements of this section to be responsive. The State has determined that it is best to define its own needs, desired operating objectives, and desired operating environment. The State will not tailor these needs to fit some solution a Bidder may have available; rather, the Bidder shall propose to meet the State’s needs as defined in this IFB. All Business, Functional and Technical, Requirements listed in this Section are denoted in the following manner

6.2 6.2.1

•

(M) Mandatory – Bidders must provide all mandatory requirements which will be scored on a pass/fail basis. A “Fail” will result in a Bid being deemed non-responsive and, therefore, will be disqualified. Failure to provide a response to each Mandatory requirement where indicated will result in disqualification.

•

(MS) Mandatory Scorable – Bidders must provide mandatory scorable requirements which will be scored based on response.

•

(D) Desirable – Bidders are not required to respond to desireable requirements. However, some desireables will receive additional points for evaluation purposes.

•

(U) Unsolicited – Bidders may offer additional unsolicited equipment, services, or features that provide enhancements and benefits to the Mandatory (M) and Mandatory Scorable (MS) Requirements. The State reserves the right to redline any unsolicited offering it deems not acceptable.

BUSINESS REQUIREMENTS Qualifications

The Bidder is expected to have a proven record of success and be responsible for all aspects of the service, including any Subcontractors and the project team/staff proposed. 6.2.2

Bidders Qualification Requirements (M)

Bidders must complete and submit as part of the bid response, Exhibit 19.1, Bidders Qualification Form, to confirm that the Bidder’s experience meets all the minimum requirements indicated. It is incumbent on the Bidder to provide enough detail in the response for the State to evaluate the Bidder’s ability to meet the requirements and perform the services as described in this IFB. Bidders must provide information for a minimum of three (3) projects. Bidders must have a minimum of three (3) years of experience working within the 9-1-1 industry pertaining to

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NG9-1-1 technologies; with a minimum of one (1) NG9-1-1 project completed within the last three (3) years. Separate Exhibit 19.1, Bidders Qualification Form must be used for every project used to meet the minimum level of required experience. One (1) project may meet multiple requirements, but at least three (3) projects and not more than six (6) projects must be provided to meet the requirements in Exhibit 19.1, Bidders Qualification Form. If more than three (3) Bidders Qualification Forms are submitted, only three (3) will be evaluated. Failure to meet any of the minimum requirements shall result in a bid being deemed nonresponsive and, therefore disqualified. 6.2.3

Bidders References (M)

Bidders must complete and submit as part of the bid response, Exhibit 19.2, Bidders Reference Form, for each of the projects cited on each corresponding Exhibit 19.1, Bidders Qualification Form. The references may be contacted by the evaluation team to validate submitted responses and points will be awarded/determined pass/fail compliance based on customer satisfaction in accordance with Section 9, EVALUATION. References must be external to a Bidder’s organization and corporate structure. Failure to provide verifiable references may cause the Bid to be rejected. The purpose of the Bidders References requirement is to provide the State the ability to assess the Bidder’s prior record and experience in providing similar or relevant services to other organizations. The description of their projects must be detailed and comprehensive enough to permit the State to assess the similarity of those projects to the work anticipated for the contract resulting from this procurement. References must include all information required on Exhibit 19.2, Bidders Reference Form. Exhibit 19.2, Bidders Reference Form, must be completed in its entirety, signed**, and dated by a client reference contact that performed a management or supervisory role on the referenced project to be considered responsive. The Exhibit 19.2, Bidders Reference Forms must be returned to the Bidder for submission with the bid. Photocopies will be accepted as long as the form, response, and signature are legible. No information corrections or changes may be made on the reference form by the Bidder. Forms with alterations or changes to the entered information may be rejected. **If the Client reference is not allowed either legally or by company/organization policy to sign the Client reference form, the Client reference must type in their full name with a brief statement on the form outlining the reason they are not permitted to sign the States reference form. If needed, the State may contact either the Bidder’s and/or Staff References to validate the reference submitted. The Evaluation Team will make two (2) attempts via phone and/or email to validate Bidder’s and/or Staff experience using the information provided in the Bidder’s and/or Staff Reference forms, as applicable.

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MANDATORY NEXT GENERATION 9-1-1 (NG9-1-1) CORE SERVICES REQUIREMENTS

The requirements for NG9-1-1 Core Services address the core service for routing NG9-1-1 calls. The Core Service components include Emergency Services Routing Proxy (ESRP), Emergency Call Routing Function (ECRF) and other components as required within this section. Next Gen Core Services shall be hosted within the continental United States, preferably within the State of California. The Bidder is responsible for their network connection internal to their NG9-1-1 Core Service. The State will provide the Layer 1 connectivity from the POI to the PSAP, using CALNET 3 or other existing contract with the most effective Telco for the desired area. The NG9-1-1 Core Service includes the ESINet, but not call handling at the PSAP. The requirements in this section are based on Internet Engineering Task Force (IETF) Session Initiation Protocol (SIP) with location conveyance, on National Emergency Number Association (NENA) i3 design elements, and on the needs of California. The geographic deployment where NG9-1-1 Core Services will be used at the discretion of the State, i.e. deployment areas may be Cities, Counties, Regions or a combination of these environments. The Bidder shall be able to provide NG9-1-1 Core Services anywhere and to any call volume. 6.3.1

National Emergency Number Association (NENA) i3 Compliance (M)

The Bidder’s offering shall comply with standards as defined by NENA within the following document or subsequent successor document: 1) 08-002 Functional and Interface Standards for Next Generation 9-1-1; 2) 08-003 Detailed Functional and Interface Specification for the NENA i3 Solution; 3) 08-506 Emergency Services IP Network Design for NG9-1-1 Information Document; 4) 08-751 NENA i3 Requirements Document. 6.3.2

Facilitating Carrier Transition (M)

The Bidder shall be responsible for the migration of existing 9-1-1 services to an Emergency Services Internet Protocol (IP) Network (ESInet) and to NG9-1-1 services at all interfaces between the Bidders equipment and other emergency call originating network operators in order to accomplish 9-1-1 emergency call delivery which meets the quality and reliability requirements of this IFB. Bidder shall interface to the transport, which is provided by the State via CALNET 3. or the most effective Telco for the desired area.

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Bidder’s response shall include the test plan, terms, conditions, procedures or processes for interconnection and exchange of information between other carrier’s networks and systems and the Bidder’s equipment, networks and/or systems as applicable. Such terms, conditions, procedures or processes shall follow applicable California Public Utilities Commission (CPUC) telephone industry practices, all applicable United States (U.S.) telecommunication laws, NENA standards and recommended practices. The terms, conditions, procedures or processes shall not impose onerous requirements on other network operators, and shall be stated in the proposed solution. Bidder’s Description:

6.3.3

Core Services Survivability (M)

The Core Network Services shall be able to survive any Catastrophic Failure, Force Majure, or man-made intentional/accidental event of any one Core Network site, such as a switching center, data center or Point of Interconnection (POI) site. 6.3.4

Network Operations Center Support (M)

The Bidder shall utilize a Network Operations Center (NOC), located within the continental United States, which is staffed to support 24 hours by seven (7) days a week, by 365 days (24x7x365) in the year restoral or mitigation of incidents for network core services. 6.3.5

Trouble Ticket System (M)

The Bidder shall have a 24x7x365 trouble ticket system. A. The system shall have the capabilities and procedures involved in generating, resolving and reporting on Trouble Tickets for all problems related to any component within Section 6.3 NG9-1-1 Core Services.

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Bidder’s Description:

B. In addition to supplying a 24x7x365 toll-free number, the Bidder shall also describe alternative means of generating and acknowledging Trouble Tickets. Bidder’s Description:

6.3.6

Solution Availability (M)

The NG9-1-1 Core Services solution shall be available to route and deliver emergency calls with an industry standard up time of 99.999% to at least one (1) agency/PSAP on the system. The Bidder shall accomplish this high availability by utilizing redundant and geo-diverse deployments of the critical core functions, as Required, in order to obtain the Required availability. A. Any predictable maintenance or upgrade process affecting hardware, firmware or software that would require the proposed solution be removed from service for any length of time. Documented approved maintenance cycles shall not count against Up-Time. Bidder’s Description:

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B. The method for uninterrupted service in the event of the unavailability of a functional element within the system, a host site, or a remote site end point. Bidder’s Description:

6.3.7

Alarms, Remote Access (M)

The solution shall provide maintenance personnel the capability to remotely query the system through an internet connection and assess any fault or faults and the effect on the system. Remote capabilities shall allow a Technician to query alarm history, run reports and printing. 6.3.8

Ingress – No Single-Point-of-Failure (M)

In order to assure no Single-Point-of-Failure, the Bidder’s Core Services network shall have the capacity for a minimum of two (2) ingress demarcation points and the two (2) demarcation points shall not be provisioned on the same piece of hardware, such as a single Ethernet switch or router. 6.3.9

Internet Protocol (IP) Packet Delivery (M)

The IP routing protocol used for network Core Services shall provide delivery of IP packets from any IP address within the core to any other connected IP address/end point within a defined ESInet, or to any connected IP network, or to reachable IP networks via a connected IP network. 6.3.10 IP Routing Problem Resolution (M) A selected Bidder shall work with operators of interconnected IP networks to resolve IP routing problems as a feature of the supplied service without additional cost to the CA 9-1-1 Branch or Local Agency/Agencies.

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6.3.11 Back-to-Back User Agent (B2BUA) (M) Network Address Translation (NAT) capability at points of interconnection with other IPv4 networks/address spaces may be required in order to resolve possible IPv4 addressing issues. However, if SIP or RTP traffic needs to cross such boundaries, it shall be handled with a B2BUA type of Session Border Controller(s) (SBCs), rather than via NAT. B2BUAs shall also be used to transport SIP and RTP between IPv6 and IPv4 networks, if required. If required by the application, the SBC shall be able to forward SIP location conveyance data between the User Agents (UAs). 6.3.12 Border Control Function (BCF) (M) If a proposed ESInet hosting Core Services connects to the Internet (ingress and egress) it must do so through a BCF to accept calls. A BCF sits between external networks and an ESInet hosting NG9-1-1 core services, a BCF also sits between the ESInet and agency networks. All traffic from external networks entering or exiting the proposed ESInet hosting NG9-1-1 Core Services must transit a BCF. The Bidders shall provide BCF(s) for all ingress data such as but not limited to, OSP, S/R LNG, or internet and also BCF(s) on all egress to any PSAP. 6.3.13 Public Internet Connection (M) The Bidder shall provide a physically separate next generation firewalls that shall be provisioned at the public Internet to the NG9-1-1 Core Services boundary. The NG9-1-1 Core shall be considered a closed network for security. 6.3.14 Emergency Service Routing Proxy (ESRP) (M) The NG9-1-1 Core Service shall contain the ESRP, which is an i3 functional element. This is a SIP proxy server that selects the next hop routing within the ESInet based on location and policy. There is an ESRP on the ingress edge of the ESInet, referred to as the originating ESRP. There is also an ESRP on the egress edge of the ESInet referred to as the terminating ESRP. There may be one (1) or more intermediate ESRPs between them or the originating and terminating ESRP may be the same. 6.3.15 Policy Routing Function (PRF) (M) The Bidder shall provide a PRF which is a functional component of an ESRP that determines the next hop in the SIP signaling path using the policy of the nominal next element determined by querying the ECRF with the location of the emergency calling party. 6.3.16 PRF Routing (M) The Policy Routing Function (PRF) shall support at least the following: A. Alternate routing per PSAP (such as PSAP busy or unreachable);

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B. Default routes (such as based on incoming gateway trunk ID, call source IP address, ANI exchange code, or similar such available data). To assist migration to the NG-911 Routing Service, the PRF shall support tabular routing per PSAP, i.e., Legacy Master Street Address Guide (MSAG)/emergency service number (ESN)-based ANI/ESRK routing for emergency calls arriving without accurate location data. C. Bidder shall ensure that all NG9-1-1 modalities such as calls, text, or other traffic that are processed in the network must be able to be identified and traceable in the network by pANI/ANI, ESRK/ESQK, Telephone Number (TN) known as calling party number (CPN) and Internet Protocol (IP) address, so all traffic can be traced from insertion to delivery in the network via an external security portal and special request by the, State or authorized PSAPs as needed. D. Bidder shall describe method of processing an email modality from a caller. Bidder’s Description:

6.3.17 PRF Policies (M) The PRF shall implement policies in the form of rule-sets. The rules shall be of the general form: () as outlined in NENA 08-003. Some parameters may be variables. Rulesets shall be stored in the form of XML documents as depicted in Request for Comments (RFC) 4745. 6.3.18 Emergency Call Routing Function (ECRF) (M) The Bidder shall provide ECRF as a functional element in an ESInet which is a Location to Service Translation (LoST) protocol server where location information (either civic address or geocoordinates) and a Service Uniform Resource Name (URN) serve as input to a mapping function that returns a Uniform Resource Identifier (URI) used to route an emergency call toward the appropriate PSAP for the emergency calling party’s location or towards a responder agency.

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6.3.19 System Timing Standard (M) Telecommunications networks require highly accurate timing to ensure end to end system wide synchronization. Bidder shall provide an autonomous, self-contained primary Cesium reference clock for all users with a mutual time standard for system wide time synchronization, CPE and CDR time stamp logging and reporting. NENA Standard 04-001, Section 3.8. 6.3.20 ECRF General Overview (M) The Bidder shall describe a clear explanation of the proposed ECRF, list its features and capabilities, discuss its error handling, default mechanisms and logging, and provide an overview of how it is deployed and achieves high reliability. The description must also discuss the Geographic Information System (GIS) update process, frequency and how information may be exchanged with a GIS services vendor including the handling of error reports. Bidder’s Description:

6.3.21 Use of Location to Service Translation (LoST) Protocol (M) The ECRF must interface and provide location-based emergency call routing functionality via the RFC 5222 (LoST protocol) and the functional specification of NENA 08-003. 6.3.22 Support of LoST Queries (M) The ECRF shall support LoST queries via Transmission Control Protocol (TCP) from ESRPs, PSAP CPE, or any other permitted IP host within a State or Local ESInet. The ECRF shall be capable to rate-limit queries from sources other than provisioned ESRPs. The Bidder shall describe the maximum LoST query rate of the solution based upon the number of queries per second:

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Bidder’s Description:

6.3.23 Routing Capability (M) The ESRP must be able to route locations based on geographical coordinates (LAT/LON) and/or based on civic addresses (house #, street, city, etc.). 6.3.24 ECRF – Geographic Information System (GIS) Standards Requirement (M) The ECRF shall comply with GIS standards that include but not be limited to NENA NG9-1-1 GIS Data Model, NENA 02-010, and NENA 02-014. 6.3.25 ECRF – GIS Updating (M) The ECRF shall provide for updates to the GIS database without disruption of ECRF LoST service. 6.3.26 ECRF – GIS Updates – Frequency (M) The ECRF data shall be updated on at least a daily basis, unless the update has an effective on date. The Bidder shall work with GIS service providers and 9-1-1 authorities to develop a viable and mutually agreeable process; however, at a Minimum the Bidder shall be capable of receiving data updates 24x7x365 and provide a confirmation of receipt of data within 24 hours.

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6.3.27 ECRF Expedited Changes (M) Bidder shall describe the process for expedited updates upon notification by a 9-1-1 Authority for 9-1-1 call routing changes as needed for State emergency management situations. Bidder’s Description:

6.3.28 ECRF Ad Hoc Changes (M) Bidder shall describe the process for ad hoc updates and dynamic boundary changes for 9-1-1 routing which would be needed for a planned llimited duration event or temporary State emergency management situations. Bidder’s Description:

6.3.29 ECRF – GIS Data Validation (M) The ECRF, or associated administrative program, shall be able to validate GIS database changes before they are applied, for example, detect overlaps or gaps in layer geographical boundaries. Policy routing rules shall be available for 9-1-1 Authorities to be applied to known gaps or overlaps in the GIS data to accommodate routing for every 9-1-1 emergency call. 6.3.30 ECRF – GIS Administrative Access (M) The Bidder shall provide a Web portal that permits administrative read-only access to the GIS database i.e., with a visual map including pan and zoom around. This function may be ratelimited to avoid impacting emergency call delivery services.

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Bidder shall describe the maximum number of simultaneous users allowed and the process for rate-limiting: 6.3.31 NG9-1-1 Core Service Call Transfer Abilities (M) The NG9-1-1 Core Service shall provide at a minimum, four (4) transfers for each call, utilizing functions like ECRF/PRF. As an example, the service shall be able to route to a California Highway Patrol PSAP, then transfer to a Sheriff Office PSAP, then to a Police Department PSAP and finally to a secondary Fire Department PSAP. The Bidder shall describe below the maximum number of call transfers supported for each call type:

6.3.32 NG9-1-1 Core Service Legacy Call Transfer Abilities (M) The NG9-1-1 Core Service shall be capable of seamlessly transferring calls utilizing functions like ECRF/PRF, from either another IP network or the PSTN, including the delivery of accurate emergency calling party location information. 6.3.33 Location Validation Function (LVF) (M) The LVF must be available to Call Origination Providers or other authorized users so they can verify that civic addresses will return PSAP or emergency responder URIs. The LVF shall be made available via an LVF proxy in the public internet in the Public Security Control Zone (PSCZ). The LVF shall also be able to return a PSAP name from an entered geo-coordinate. 6.3.34 LVF – Standards (M) The Bidder shall provide the NG9-1-1 LVF as defined in the NENA 08-003 Detailed Functional and Interface Standards for the NENA i3 Solution. 6.3.35 Location Validation Function (LVF) – Redundancy (M) At least two (2) LVF instances shall be utilized for the deployment.

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6.3.36 LVF – Web Portal (M) The Bidder shall provide a user-friendly Web server portal located within the Bidders PSCZ to which internet users can browse and manually enter civic addresses or geographic locations along with a service request type. The Web server shall query the LVF via the proxy and return a user friendly display with the results of the LoST query. An actual map display with the location of the user location is highly desired. This function shall be highly rate-limited, e.g., five (5) queries/day/source IP address. The Web Portal shall also be available to provide routing checks based on geo-coordinates. 6.3.37 LVF – Data Updates (M) The Bidder shall provide for a process for Call Origination Providers to report descrepencies to GIS data or report discrepancies. The Bidder shall describe how these submitted updates or reported discrepancies are then communicated to the GIS maintenance vendor for review and resolution. Bidder’s Description:

6.3.38 NG9-1-1 Core Services Network Design (MS – 250 points) The Bidder shall provide a comphrensive written response relating to their NG9-1-1 Core Serves functional elements of their network design which shall include but not be limited to: a. Defining the inter-dependencies for redundancy; b. Process to monitor/detect all components if exposed to a threat or failure; c. How cascading impacts are minimized to not affect timing or invoke DoS for throughput of legitimate emergency calls; d. How data is backed up and recovered; e. Sophisticated levels of authorization and access protocols; f. Connectivity; g. Diversity; h. Survivability; i. Monitoring/Detecting; and j. Prevent/Response.

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The points are based on the completeness and survivability of the NG9-1-1 Core Service and Bidder’s internal network from ingress to egress. Bidder’s Description:

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6.3.39 Text and Multimedia Messaging (DS) The Bidder shall describe an explanation of how Short Messaging Service (SMS) Text, Over-theTop (OTT) text messages, and multimedia services will be delivered via the NG9-1-1 Core Services solution when available from Wireless Service Providers (WSPs). Results shall be provided of the results of any industry testing that Bidders has participated in related to this service delivery.

Bidder’s Description:

6.3.40 Location Based Routing (DS) The Bidder shall provide Location Based Routing per Wireless Service Provider to obtain a latitude and longitude of the caller based upon an adjustable timer. The timer shall be adjustable between 0-60 seconds in one (1) second increments for each Wireless Service Provider. 6.3.41 Legacy PSAP Gateway (DS) The Bidder shall provide any Legacy PSAP Gateway (LPG) needed to interface the NG9-1-1 Core Service to the legacy network selective routers and associated PSAP(s).

6.4

EVERGREEN NETWORK BASED TURN-KEY SOLUTION (D)

In addition to the NG9-1-1 Core Services, Bidder has the option to respond to the PSAP calltaking endpoints in an Evergreen Network based Turn-key solution, also known as Customer Premise Equipment (CPE). If responding to this Section, the Bidder must be responsive to all requirements in Section 6.4. Bidder’s service offering must meet the NENA and industry standards listed below. The standards shall be the latest version available on the date this IFB is awarded. Bidder’s proposed systems shall be in compliance with the following: 1. NENA Generic Standards for E9-1-1 PSAP Equipment, Technical Reference NENA 04001, Issue 2, dated August 2000; 2. NENA Recommended PSAP Master Clock Standard, NENA 04-002, Issue 3, May 17, 2000;

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3. NENA Standard Data Formats for ALI Data Exchange & GIS Mapping including NENA Data Exchange Format Version 4 (Extensible Markup Language (XML) tagged data) NENA-02-010, Version 9; 4. NENA Interface to IP Capable PSAP 08-501; 5. NENA Voice over Internet Protocol (VoIP) I1, I2, I3; 6. NENA Functional and Interface Standards for NG9-1-1 (i3), NENA 08-002; 7. NENA Detailed Functional and Interface Standards for the NENA i3 Solution, NENA 08003; 8. NENA Methods for Location Determination to Support Internet Protocol (IP) -Based Emergency Services Information Document, NENA 08-505; 9. NENA Emergency Services IP Network Design for Next Generation 9-1-1 Information Document, NENA 08-506; 10. ATIS J-Std-036A and addenda; 11. NENA/APCO Next Generation 9-1-1 Public Safety Answering Point Requirements, NENA/APCO-REQ-001.1.1-2016 6.4.1

Local Line Service (M)

The Local Line Service shall provide software support for analog line termination at the edge of the Network Based NextGen Emergency Routing Service. 6.4.2

Local Line Termination (M)

The Local Line Termination shall provide analog termination capability at the edge of the Network Based NextGen Emergency Routing Service. 6.4.3

Call Metrics Reporting (M)

The Call Metrics Reporting shall provide administrative data facilitating management of PSAP operations. 6.4.4

Call Display Function (M)

The Call Display Function shall provide real-time information representing current activity at the PSAP. 6.4.5

Emergency Response Service - Basic Agency Service (M)

The Emergency Response Service – Basic Agency Service shall provide network-based environment in support of call taker services. 6.4.6

Independent Emergency Response Service - Agent Services (M)

The Independent Emergency Response Service - Agent Services shall provide agent service for Emergency Response Service including the following standard hardware package for access to call taker services: workstation, 19” LCD monitor, assorted standard cables and connectors, workstation UPS.

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Emergency Response Service - Enhanced Call Taking Services (M)

The Emergency Response Service - Enhanced Call Taking Services shall provide enhanced call taker services in addition to those provided under Independent Emergency Response Service, agent services including the following upgraded hardware package: 25” LCD monitor, assorted extended length cables, connectors, and alternate input device. 6.4.8

Emergency Response Service - Graphic Location Interface (M)

The Emergency Response Service - Graphic Location Interface shall provide graphic location interface in support of call taker services, including the following required hardware for access to graphic location interface: 19” LCD monitor. 6.4.9

Emergency Response Service - Supplemental Telephony Interface (M)

The Emergency Response Service - Supplemental Telephony Interface shall provide additional telephony position in support of call taker services, including the following required hardware for access to supplemental telephony interface: SIP phone. 6.4.10 Network Connection Service for Emergency Networks (M) The Network Connection Service for Emergency Networks shall provide Layer 3 routing functionality between the network service (DS1) and the emergency service answering and routing equipment. Services shall include router that is owned, managed and monitored 24x7 by the provider. 6.4.11

Data Analytics For Turn-key Solutions (M)

Bidder shall provide Data Analytics for system health and call-handling statistics for Turn-key Solutions and have the ability to be individually priced. 6.4.12 Data Analytics Initial Site Set-up (M) Bidder shall provide Data Analytics Initial Site Set-up which shall be designed for the entire TurnKey Solution as a one-time charge for implementation of Data Analytics Service. 6.4.13 Data Analytics Package Site/month (M) Bidder shall provide Data Analytics Package Site/month containing web based data analytics reports displaying emergency call information metrics.

6.4.14 Evergreen Network Based Turn-key Solution - System and Call Detail

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Turn-key PSAP call-taking endpoints shall export the Call Data Record (CDR) as shown in Appendix A, Statement of Work, Attachement 5, Required Detail Record Elements. Bidder shall work directly with the State’s CDRMR for specific access requirements. 6.4.15 Call Detail Record (CDR) Format (M) 1) The Contractor’s system shall provide all of the specific data elements detailed in Appendix A, Statement of Work, Attachement 5, Required Detail Record Elements. 2) The CDR shall be designed to include recursive sub-records for those that occur multiple times for multiple agents on the same call and, most important, multiple ALI records. This is required for all calls and is most applicable to wireless 9-1-1 calls that are re-bid. 3) The CDR information shall be supplied by the 9-1-1 equipment through the CDR serial port in a NENA Version 4 XML Data Exchange format consistent with NENA Technical Standard 02-010. Contractor shall maintain the XML fields to ensure separation of the data, even if the field is blank. All times shall be synchronized with the master clock in the form HH:MM:SS. 4) CDR files shall be provided for all calls that are managed by the controller including all 9-1-1 and administrative calls. 5) These CDR requirements shall apply to a controller located locally at a PSAP or a controller at a remote location in a host-remote solution. 6) Bidder shall provide a sample of the CDR string that will be produced by the proposed CPE, demonstrating how all of the elements detailed in SOW Attachment 5 and Attachment 6 will be presented. Bidder’s Description:

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6.4.16 CDR Collection Service (M) The Bidder’s 9-1-1 CPE shall provide a dedicated serial port from their equipment so that the CDR data is immediately sent to the Call Detail Record Management & Reports (CDRMR) buffer box. The CDR file shall be presented at the end of the call as one data string. Completed CDR files shall be transmitted through the serial port within six (6) seconds following the completion of the call. On all new system installations, the CDR information must be capable of output via a standard RS-232 connection. The system shall include four (4) additional individually selectable separate Ethernet outputs for CDR that shall not impede the other outputs. (The CA 9-1-1 Branch has developed a statewide CDRMR that uses the call detail record (CDR) output from each CPE controller as the source for data collection. CDR is collected from each PSAP to an CDRMR buffer box that is then polled by the CDRMR contractor through a dialup connection or other access medium. The information is then collated into reports that can be viewed by authorized users (PSAPs, County Coordinators and the CA 9-1-1 Branch) through secured connections over the Internet. The Contractor will be provided access to CDRMR to view the raw CDR data for diagnostic and maintenance purposes.) 6.4.17 System Detail Records (M) The system shall provide detail data elements in XML format for the performance of the system such as position log-on and log-off, system reboot, power failures, alternate answer conditions, remote position/PSAP or trunk availability, hosted system availability. Additionally, all data elements the system is storing shall be made available. The system detail data shall be available on a minimum of four (4) secure Ethernet ports. 6.4.18 Call Detail Record (CDR) and Quality of Service (QoS) (M) The solution shall provide CDR for all calls include VoIP calls. The solution shall provide QoS information, per NENA i3 standards, for each call to ensure that SLAs are being met, QoS information should be accessible through the Bidders maintenance function.Next Generation 9-11 (NG9-1-1) Core Services Technical Service Level Agreements (SLAs) 6.4.19 Continuing Operation During Installation (M) The existing 9-1-1 equipment and service at each PSAP shall continue to function without interruption during the installation of the new system. Contractor shall ensure that its installation and cutover plan for the 9-1-1 equipment will not cause an interruption, deviation or degradation of the existing service. Bidder shall describe a general explanation of the cutover plan with

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the response to this IFB. Following installation at each facility, the PSAP shall advise the Contractor of any additional specific cutover requirements they may have.

Bidder’s Description:

6.4.20 Software (Other than Operating System Software) (M) The Contractor shall provide software configuration (programming aids, program products and applications) on or before the delivery dates specified, and shall certify to the PSAP that such software has been delivered and is ready for PSAP use. If the PSAP and Contractor mutually agree that the services of the Contractor are not required to install the software on PSAP equipment, delivery of the software for the purpose of this Contract shall mean received by the PSAP. In the event the Contractor fails to deliver the agreed-upon software by the dates specified, SLAs will apply 6.4.21 Moves, Adds and Changes (MACs) (M) Bidder shall describe the process for the PSAP to request routine MACs, how the Contractor will perform on-site versus off-site MACs and the anticipated turn-around time to completion each time a request is made. All routine MACs shall be accomplished within a mutually agreed upon number of days from date request is submitted to Contractor. All costs for MACs will be directly billed and paid by the PSAP.

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Bidder’s Description:

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7 COST SECTION 7.1

INTRODUCTION

Evaluation of cost will be based on the lowest total estimated net cost as calculated according to the methodology in this Section and Section 9, EVALUATION. All pricing submitted shall be on statewide basis. Proposed costs for line items must be all inclusive, to include but not be limited to: Software; Hardware; Equipment; and Maintenance. Pricing submitted is the maximum allowable Where tiered pricing is requested the per unit pricing shall be based on the aggregate Unit of Measure of all orders placed with any one vendor. The new rate shall be applied within 90 calendar days, crediting the difference in rates from date of customer acceptance. The intent is to structure the pricing format in order to facilitate a straightforward comparison among all Bidders and foster competition to obtain the best market pricing. Consequently, the State requires that each Bidder’s cost be in the format outlined in this Section. Therefore, Bidders are advised that failure to comply with the instructions listed in this Section, such as submission of incomplete bids or use of alternative pricing structures or different formats than the one requested, may result in the rejection of their Bids for non-responsiveness. Important Note: It is imperative that no cost information be included in the body of the Bid. Cost information shall only be submitted in the Bidder’s Response, Volume 3, Cost Data in accordance with Section 8, BID AND BID FORMAT.

7.2

SERVICE COSTS The Bidder shall list all costs to the State to provide the services and features ordered through its NextGen 9-1-1 Contracts awarded as a result of this IFB. The Bidder shall identify in its submitted Cost Worksheets all costs associated with the items being bid. Only the items listed by the State in the Cost Worksheets or provided as Unsolicited Items by the Bidder shall be priced. All other business and technical requirements shall be provided at no cost. Costs will include all One-Time, and Monthly Recurring Charges as applicable. Unless specifically stated otherwise by the State, any proposal for listed pricing is to include all elements necessary to configure an instance of working service (planning, application design, engineering, testing, wiring, termination, installation, and training). Service elements without associated pricing will be considered no charge items. Therefore, the Bidder should review all Cost Worksheets carefully prior to Final Bid submission. All service costs (including costs for Unsolicited items) listed in the Final Bid Cost Worksheets shall be the maximum costs allowable, and shall not increase during the term of the Contract including extensions.

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COST WORKSHEETS

Services, features, and costs included in the Cost Worksheets are those that the Bidders must provide for the term of the Contract as identified in Section 1.3., TERM OF CONTRACT which includes all optional years. All Bidders must provide individual prices as indicated in the Cost Worksheets in the Bidders Final Bid. Items submitted with no price will be considered as offered at no cost. All NG9-1-1 Core Services pricing is Mandatory. Bidders responding to this IFB must provide pricing on Exhibit 16, Cost Table 1, NG9-1-1 Core Services Pricing Table to be considered for award of Contract. Bidders are encouraged to provide an itemized list of Desired Optional Evergreen Network based Turn-key solution available. Following Contract award, Contractors will use Exhibit 16, Cost Table 2, Evergreen Network based Turn-Key Solution Bidders shall provide the hourly rates for each of the labor classifications provided in Exhibit 16 Cost Table 3, Labor Rates. These rates will be applicable to purchases made over and above installation projects included in the NG9-1-1 Core Services projects. The rates will apply for the duration of the Contract. Bidders providing Unsolicited items shall use Cost Worksheet #4.

7.4

COST WORKSHEET ELEMENTS The Cost Worksheets elements shall include the following definitions: 7.4.1 One Time Charges (OTC)

One Time Charges are for Installation Charges. When One Time Installation Charge do not apply or where related equipment/installation costs are to be amortized by Monthly Recurring Charge the cell should be represented by a zero (0). 7.4.2 Monthly Recurring Charges (MRC) Monthly recurring charge/item per unit are "fee for service" charges. Monthly recurring charges for services or features shall be provided, where applicable. When a Monthly Recurring Charge does not apply the cell should be represented by a zero (0).

7.5

COST WORKSHEET INSTRUCTIONS

The Cost Worksheet Instructions for Bidders are included in Exhibit 16, Cost Worksheets 1-4,. Bidders are required to complete the Cost Worksheet. If any character other than a numeral is used (e.g., a dash), the State will assume the cost of the item to be zero ($0). All other fields on the Cost Worksheet must not be modified. If the Cost Worksheet is modified or cells are left blank, the State may reject the Bid. The Cost Worksheets must be filled out completely or the Bid may be rejected.

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It is the responsibility of the Bidders to ensure the worksheet and calculations are correct and accurate. The State will not assume responsibility

1.

Mandatory Core Services

Exhbit 16 Cost Table 1, 6.3 NG9-1-1 Core Services must list all the required NG9-1-1Core Services and a column for the Bidders to enter the cost for each service offering both one-time and monthly recurring cost.

2.

Desirable (D) Evergreen Network Based Turn-key Solution and MIS Services

Exhibit 16 Cost Table 2, 6.4 Evergreen Turn-Key Solution is the desireable Evergreen Network Based Turn-key Solution and MIS Services Costs for the Bidders to enter their costs per instruction on the worksheet including one-time and/or monthly recurring cost.

3.

Mandatory Services Labor Rates

Exhibit 16 Cost Table 3, Labor Rates must list all the required Classifications and houly Labor Rates that Contractor will utilize to complete all Services.

4. Unsolicited Equipment, Services, or Features Exhibit 16 Cost Table 4, Unsolicited Equipment, Services, or Features may list any unsolicited equipment, services, or features that provide an enhancement or a benefit to a Mandatory (M) Requirement. Unsolicited items shall be individually identified, and include price and supporting Service Level Agreements (SLAs). The State may refuse any unsolicited offering. For services, features, or functionality bundled or included as a mandatory part of the chargeable service, Bidders may provide Unsolicited services under the following conditions: 1) The Unsolicited service/feature represents an unbundling of the services identified in the technical requirements, providing the Customer with a more granular means of ordering only the services/features they require. 2) The sum of the Unsolicited unbundled service/features shall not exceed the cost of the mandatory bundle. 3) The description of each Unsolicited unbundled service/feature clearly identifies all associated Unsolicited unbundled feature(s) it must be ordered with. 4) Adequate language and safeguards prevent duplicate charging of Unsolicited unbundled services/features already included in the bundled services. Unsolicited items added to the Contract that provide essentially the same functionality as a State identified mandatory no-charge feature, element or technical requirement not included in the cost sheets shall be provided at no cost.

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The State, at its sole discretion, will determine which of the proposed Unsolicited features or elements will be included in the awarded Contract. Bidders are cautioned that Unsolicited items priced above market rates will likely not be included in the Contract. Bidders shall use the Unsolicited tables provided in the Cost Worksheets.dders must fill in all unshaded cells for each offered Unsolicited item; reliance upon the prices contained in the published catalog is insufficient. The definition of the elements in the Unsolicited cost tables (One Time Cost per Item, Monthly Recurring Cost per Item, Unit of Measure, and Cost per Change per Item) shall be the same as for the mandatory cost tables. In addition to submitting the Cost Worksheets with the Final Bid, the Bidder must also submit, as part of its cost proposal, a dated copy of its published catalog prices. If the published catalog price list(s) is in a separate document from the published catalog descriptions, Bidders must identify both referenced documents and locations in order to allow the State to confirm that the offered prices correspond to the Bidder’s product or feature description. The catalog pricing document must also be publically available, i.e., dated and published.

7.6

SALES TAX

Sales tax is not to be included in the Cost Worksheets. If awarded the contract, sales tax, if applicable, should be added at time of invoicing. The sales tax rate applied should be based on the rate of the area where the service is to be provided. See Board of Equalization Regulation 1502 (f) (1) (D).

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8 BID AND BID FORMAT SECTION 8.1

BID FORMAT

These instructions identify the Mandatory Bid format and the approach for the development and presentation of bids. Format instructions must be followed, all requirements and questions in the IFB must be answered and all requested data must be supplied. The Bidders shall carefully examine the IFB and be satisfied with the compliance conditions prior to submitting a bid. It is important that all Bids be submitted in sealed envelopes/containers and clearly marked or they may be rejected. Bid submittals must be in the number of copies indicated in Section 8.4., Formatting. The Final Bid is a Mandatory step for all Bidders. Bidders are strongly encouraged to follow the scheduled steps of this procurement to the extent that they are offered in order to increase the chance of submitting a compliant Final Bid. Cost information provided in any submission other than the Bid Volume 3, may disqualify a Bidder and preclude the Bidder from continuing in the procurement process. The State will not be liable for any costs incurred by any Bidder in responding to this IFB, regardless of whether the State awards the contract through this process, decides not to move forward with the project, cancels this IFB for any reason, or contracts for the Project through other processes or by issuing another IFB.

8.2

DATE, TIME, AND ADDRESS OF SUBMITTALS

Mail or deliver bids to the Procurement Official listed in Section 1.6. If mailed, it is suggested that Bidders use certified or registered mail with return receipt requested, as delivery of documents is at the Bidder’s own risk of untimely delivery, lost mail, etc. Bids must be received no later than the date and time specified in Section 1.7, KEY ACTION DATES. A Bid not received by the date and time specified in Section 1.7, KEY ACTION DATES, shall be rejected.

8.3

PACKAGING AND LABELING

Bidders may provide all of their Bid documents at the same time within the same package (box or boxes). The overall package shall be sealed and labeled as follows: 1) The Bidder’s name and address 2) The IFB number " IFB 2015-01911” 3) Identification of the submittal as “Bid” 4) Box “# of #”, if more than one (1) box is required for the entire submission. Each binder and Compact Disc (CD) must be plainly marked with: 1) The Bidder’s name

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2) The IFB number " IFB 2015-01911” 3) Identification of the submittal as “Bid” 4) The Volume number and title as appropriate: a. Volume 1 – Response to Administration, Functional and Technical Requirements b. Volume 2 – Std. 213 IT and Statement of Work c. Volume 3 – Cost Volume 3, Cost Information, (both binder and CDs) should be in its own sealed package (or envelope) that is separate from Volumes 1, 2, and 3. If the Cost Information is not submitted in its own separately sealed package (or envelope), the Bid may be rejected.

8.4

FORMATTING

It is the Bidder’s responsibility to ensure its Bid is submitted in a manner that enables the Evaluation Team to easily locate all response descriptions and exhibits for each requirement of this IFB. Page numbers should be located in the same page position throughout the Bid. Each page should be numbered with the section reference (e.g., Section 2, Page 3 of 21) to make easy reference possible. Figures, tables, charts, etc., should be assigned index numbers and should be referenced by these numbers in the text and in the Table of Contents. Figures, tables, charts, etc., should be placed as close to text references as possible. The Bid should be tabbed, to identify the volume and section. Bids must be submitted in printed format (hard copy), and also in electronic file format (soft copy) on a CD as follows: 1)

All hard copy must be on standard 8.5” x 11” paper, except for charts, diagrams, and similar materials, which may be foldouts. If foldouts are used, the folded size must fit within the 8.5” x 11” format. Hard copy of large size drawings shall not be larger than Standard E-size format.

2)

Double sided printing is preferred. The following must be shown on each page of the Bid: • IFB 2015-01911 • Name of Bidders • Bid Volume Number • Bid Part or Exhibit Number • Page number (Page X of XX)

3)

Soft copies of the Bids must be in Microsoft Word 2010 and Excel 2010 as appropriate, or compatible, except electronic files of drawings shall be compatible with Microsoft Visio 2010.

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Each Volume submitted shall be provided in the following number of copies: a. Five (5) hard copies (printed), one (1) copy marked Master, for a total of six copies. b. Two (2) soft copies (CD’s)

5)

All hard copy submittals should use clearly marked tabs, page numbers and table of contents for effective access to the Bidders material. Similarly, soft copies should be organized into appropriate files and folders designed for easy access. The MASTER COPY must contain original signatures or initials wherever a signature or initials are required. If discrepancies exist between two (2) or more copies of the bid or bid, the bid or bid may be rejected. However, if not rejected, the Master Copy will provide the basis for resolving such discrepancies.

Bidders should be sure that no pricing information of any type is shown in their Bid response, except in the sealed “Cost” envelope of the Bid, Volume 3. The inclusion of pricing in any fashion or format in any other place in the Bid, except for the sealed Cost Data in the Bid, may result in immediate rejection of the bid. As stated in Section 2.3.2, Confidentiality, Bidders should be aware that marking the Final Bid “confidential” or “proprietary” may exclude it from consideration for award.

8.5

FINAL BID FORMAT DETAIL

Each Volume of the Bid must be provided separately in a three-ring binder, submitted in the number of hard copies indicated in this section, and must be structured in the following manner: 8.5.1

Volume I Volume I: Response to Requirements: 1) Table of Contents This section must contain a Table of Contents. All major parts of the Bid, including forms, must be identified by volume and page number. The Table of Contents must identify all figures, charts, graphs, etc. 2) Cover Letter 3) Required IFB Exhibits, in the Following Order: a) Exhibit 1: Intent to Bid form (if not already submitted) b) Exhibit 2: Confidentiality Statement (if not already submitted) c) Exhibit 3: Response to Administrative Requirements d) Exhibit 4: Workers’ Compensation Certification e) Exhibit 5: List of Proposed Subcontractors (Public Works) f)

Exhibit 6: Contractor’s License Information

g) Exhibit 7: Payee Data Record h) Exhibit 8: Certification for Use Tax for Seller’s Permit 08/04/16 Addendum #6

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i)

Exhibit 9: Secretary of State Certification

j)

Exhibit 10: Iran Contracting Act of 2010

k) Exhibit 11: Bidding Preferences and Incentives Preference/Incentive Exhibits (required only as indicated) a) Exhibit 12: GSPD 05-105, Bidder Declaration b) Exhibit 13: DVBE Declarations c) Exhibit14: STD 830, TACPA Preference Request (required if claiming TACPA preference d) Exhibit 17: Commercially Useful Function Certification Form Response to Business, Functional and Technical Requirements. Required IFB Exhibits, in the following order: a) Exhibits 19.1, Bidder Qualifications Form(s) for NG 9-1-1 Core Services b) Exhibit 19.2, Bidder Reference Form(s) for NG 9-1-1 Core Services c) If bidding 6.4, Evergreen Turn-Key Network Based Turn-Key Solution: 1. Exhibit 19.3, Bidder Qualifications Form(s) for Evergreen Turn-Key Solution 2. Exhibit 19.4, Bidder Reference Form(s) for Evergreen Turn-Key Solution d) Exhibt 20: Bidders Response to Business/Functional/Technical Requirements

8.5.2

Volume 2 1) STD 213, Standard Agreement Exhibit 15 (Four (4) copies, each with original signature) 2) Statement of Work, Appendix A and Attachments: a. Attachment 1: Contractor’s Monthly Activity Report b. Attachment 2: Contractor’s Monthly Service Level Agreement (SLA) Compliance Report c. Attachment 3: Contractor’s Sample Statement of Work (SOW) NG9-1-1 Core Format d. Attachment 3.1: Contractor’s Sample Statement of Work (SOW) Evergreen Turn-Key Format (if bidding 6.4, Evergreen Network Based Turn-Key Solution) e. Attachment 4: Core System Acceptance and Authorization Checklist f. Attachment 4.1: Evergreen Network Based Turn-Key Solution System Acceptance and Authorization Checklist (If bidding 6.4, Evergreen Network Based Turn-Key Solution) g. Attachment 5: Required Call Detail Record (CDR) Elements h. Attachment 6: CDR Record Format i. Attachment 7: Section Six (6) of IFB complete with Bidder Response

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Volume 3 This volume must be in a separately sealed, marked envelope or container containing: Exhibit 16 Cost Worksheet # 1 6.3, Core Services Cost Exhibit 16 Cost Worksheet # 2 Core Seervices Cost Summary Exhibit 16 Cost Worksheet #3 6.4, Evergreen NetworkTurn-key Solutions Cost Exhibit 16 Cost Worksheet #4 Evergreen NetworkTurn-key Solutions Cost Summary Exhibit 16 Cost Worksheet # 5 Services Labor Rates Exhibit 16 Cost Worksheet #6 Unsolicited Costs Exhibit 16 Cost Worksheet #7 Unsolicited Cost Summary Published Catalog for Unsolicited Items

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9 EVALUATION SECTION 9.1

INTRODUCTION

This section presents the evaluation process and scoring procedures the State will follow in reviewing bids submitted in response to this IFB. It is the State’s intent to conduct a comprehensive, impartial evaluation of all bids received. The State intends to award contracts under the Contract to those Bidders who are compliant with all Mandatory requirements and whose costs meet the defined cost evalution criteria. Final selection will be based on responsiveness with all requirements. Responsiveness is comprised of meeting all administrative, business, functional technical and cost requirements, and conforming to the Rules Governing Competition in Section 2 of the IFB. Bids that do not comply with the mandatory components stipulated in the IFB may be deemed non-responsive and excluded from further consideration by the State. The State reserves the right to cancel this procurement in its entirety at any time. Bidders are required to thoroughly review all IFB requirements to ensure that the Bid and the Bid responses are fully compliant with the IFB requirements and thereby avoid the possibility of being ruled non-responsive. If the Evaluation Team finds that a Final Bid has a material deviation from specified requirements, the Bid will be considered non-responsive and will not be considered for award.

9.2

EVALUATION TEAM

This procurement is being conducted under the guidance of a Procurement Official from Department of Technology STPD (refer to Section 1.6, Procurement Official). The Procurement Official will serve as the contact point with the Bidders for questions and clarification, and will identify the rules governing this procurement. STPD may engage additional qualified individuals or subject matter experts during the evaluation process to assist the Evaluation Team in gaining a better understanding of technical, financial, legal, contractual, or program issues. These other individuals do not have voting privileges or responsibility for the evaluation process, but they will serve in an advisory capacity.

9.3 9.3.1

EVALUATION OF FINAL BIDS Receipt and Validation of Documentation

All Final Bids received by the time and date specified in Section 1.7 Key Action Dates, will be opened and evaluated. No Bids will be accepted after the specified time and date. Final Bids will be checked for the presence of the required documentation in conformance with the requirements. Absence of required documentation may deem the Bid nonresponsive and cause the Bid to be rejected.

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Evaluation of Required Information

Final Bids must be complete in all respects as required by Section 9.3 Evaluation of Final Bids. A Final Bid may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. A Final Bid may be rejected if any such defect or irregularity constitutes a material deviation from the IFB requirements. The State shall check each Bid in detail to determine its compliance with the IFB requirements. If a Bid fails to meet an IFB requirement, the State will determine if the deviation is material. A material deviation of a requirement in the Final Bid will cause rejection of the entire Bid. The State may reject any or all Bids and may waive any immaterial deviation or defect in a Bid. The State’s waiver of any immaterial deviation or defect shall in no way modify the IFB documents or excuse the Bidder from full compliance with the IFB specifications if awarded the Contract. The Bidder’s response to all of the Administrative Requirements of Section 5. Business and Technical Requirements Section 6, will be checked for Pass/Fail compliance with the IFB’s requirements.

9.3.2.1 Administrative Requirements (Pass/Fail) The State will review the Bidder’s submitted Exhibit 3, Response to Administrative Requirements, and other applicable exhibits, to determine whether the Bid contains valid responses to all of the Requirements set forth in Section 5, Administrative Requirements. A valid response must be provided for all requirements. If a Bid lacks a valid response to any requirement, it may be considered nonresponsive and may be rejected.

9.3.2.2 Business and Technical Requirements (Pass/Fail) The State will review the Bidder’s response to the SOW Business and Technical Requirements to determine whether the Bid contains valid responses to all of the mandatory Business and Technical Requirements. A valid response must be provided for all requirements. If a Bid lacks a valid response to any requirement, it may be considered nonresponsive and may be rejected.

9.3.2.3 Completed Contracts (Pass/Fail) The State will review the Bidder’s submitted IFB Exhibit 15, STD 213 Standard Agreement - Telecommunications, to validate that the proper number of fully executed copies of STD 213 Standard Agreement - Telecommunications are provided and that each copy has been executed by an authorized representative of the Bidder’s firm. All SOW Attachments should be placed in numerical order behind the STD 213. 9.3.3

Technical Evaluation of Unsolicited Items

All Bidders who offer Unsolicited items shall have those items reviewed by the State to determine if they are in scope with their associated SOW Mandatory requirements. Any offered Unsolicited individual item deemed by the State to be in conflict with SOW Mandatory requirements, out of

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scope, insufficiently described, or otherwise not in the best interests of the State shall be disqualified from the offering. Offered Unsolicited items that are dependent upon a different disqualified individual Unsolicited offering shall also be disqualified. Disqualification of Unsolicited offerings, or the failure of a Bidder to offer any Unsolicited items, shall not by itself jeopardize the Bidder’s Subcategory bid except to the degree that it affects the Bidder’s evaluated Unsolicited cost points per Section 9.7.1 Scoring of Unsolicited Items Cost; unless the Bidder has stated that the (disqualified) Unsolicited item is required in order for a Mandatory item to be functional, in which case the disqualification of the Unsolicited item could create a failure of the Mandatory item. Because Unsolicited items have not been specified by the State and are neither required (Mandatory) or desirable (D) in State solicitation terms, the determination of acceptance or disqualification of individual Unsolicited items shall be the sole right of the State, shall not need justification, and is not subject to protest by any Bidder. The technical evaluation of Unsolicited items shall not be scored for non-cost points. 9.3.4

SCORING OF BUSINESS AND TECHNICAL REQUIREMENTS

Those Bidders that have passed the evaluation of all required information of the IFB as described in Section 9.3.2, Evaluation of Required Information, will have their responses to the SOW’s Business and Technical Requirements scored as described below.

9.3.4.1 Mandatory (pass/fail) Business and Technical Requirements All Bidders who are found to be in compliance with all Mandatory business and technical requirements of the SOW shall then move to scored requirements. Any Bidder who is not compliant will be disqualified from consideration for award.

9.3.4.2 Mandatory and Desireable Scorable (MS), (DS) Business and Technical Requirements All Bidders who are found to be in compliance with all of the Mandatory Scorable (MS) and Desireable Scorable (DS) requirements of the SOW shall also have their responses scored for a maximum of 500 earned points. Table 9-1 Proposal Points Awarded per Criteria. Total Possible Points 250 50 50 50 50 50 500

Criteria Network Design 6.3.38 Bidders Qualification Bidders References Text and Multimedia Messaging Location Based Routing Legacy PSAP Gateway Total Points Possible

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The potential earned points of each (MS) item are depicted in the following table. Table 9-2 Maximum MS points for IFB 2015-0911

IFB Section Number and Title Scorable item 6.2.2

6.2.3

6.3.38

Bidders (50) Experience providing Services 0- 12 Months 13 – 24 Months 25 – 36 Months 37 or more Months Bidders (50) 0 passing references

(max points)

Point Threshol ds

Qualifications Next

Generation

9-1-1

Core 0 10 30 50

References 0 10 30 50

One (1) passing reference Two (2) passing reference Three (3) or more passing references NG9-1-1 Core Services Network Design

(250)

Defining the inter-dependencies for redundancy; Process to monitor/detect all components if exposed to a threat or failure How cascading impacts are minimized to not affect timing or invoke DoS for throughput of legitimate emergency calls How data is backed up and recovered Sophisticated levels of authorization and access protocols Connectivity Diversity Survivability Monitoring/Detecting Prevent/Response

Maximum MS Points

25 25 25 25 25 25 25 25 25 25 350

Table 9-3 Maximum DS points for IFB 2015-0911

IFB Section Number and Title Scorable item 6.3.39 6.3.40

Text (50) Location

and

(max points)

Multimedia Based

Point Threshol ds

Messaging Routing

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IFB Section Number and Title Scorable item

6.3.41

(50) Legacy (50)

(max points)

PSAP

Maximum DS Points

Point Threshol ds

Gateway

150

9.3.4.3 Small Business Preference Points Per Government Code Section 14835 et seq., Bidders who qualify as a small business will be given a five percent (5%) preference for evaluation purposes only. The five percent (5%) preference is calculated on the total number of points awarded to the highest scoring non-small business that is responsible and responsive to the proposal requirements. The rules and regulations of this law, including the definition of a small business for the delivery of goods and services, are contained in the California Code of Regulations, Title 2, Section 1896 et seq. This five percent (5%) small business preference is also available to a non-small business claiming 25% California certified small business Subcontractor participation. The five percent (5%) preference is calculated on the total number of points awarded to the highest scoring nonsmall business that is responsible and responsive to the Proposal requirements and that is not subcontracting a minimum of 25% to a small business. Non-small business Bidders claiming the five percent (5%) small business preference must commit to subcontract at least 25% of the net proposal price with one (1) or more California certified small businesses. Completed certification applications and required support documents must be submitted to the Office of Small Business and DVBE Services (OSDS) no later than 5:00 p.m. on the Final Proposal due date, and the OSDS must be able to approve the application as submitted. Questions regarding certification should be directed to the OSDS at (916) 375-4940. For an illustration of this process, refer to Table 9-4 Small Business Preference Points Calculation Example. Points in this example explain the calculations and have no other significance. EXAMPLE: The Preference Points for Bidders A and B are based on five percent (5%) of the Bidder Proposal Score of Bidder C, the highest scorer of a non-small business, calculated as 342 x .05 = 17 points (rounded). Bidder C, which is neither a small business nor a non-small business subcontracting a minimum of 25 percent (25%) to a small business, receives no Small Business Preference Points.

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EXAMPLE: Table 9-4: Small Business Preference Points Calculation Small Business Preference Points Calculation Example

Bidder Proposal Score

Small Business Preference Claim?

Non-Small Business Preference Claim?

Small Business Preference Points Awarded

A

450

Yes

No

17

B

375

No

Yes

17

C

342

No

No

0

D

237

Yes

No

17

Bidder

9.3.4.4 Earned DVBE Incentive Points The percentage of confirmed and qualified DVBE participation shall generate a percentage of the total available cost and non-cost points for each Bidders. Since there are 1,000 total potential points, the percentages depicted in Table 2, DVBE Incentive Scale, result in the Bidders earning the DVBE Incentive points according to the Table below. Table 9-5: DVBE Incentive Percentages and Points

Confirmed DVBE participation 5% or more 4% up to 4.99% 3% up to 3.99% 2% up to 2.99% 1% up to 1.99% Less than 1%

Points Earned 50 40 30 20 10 0

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Application of the incentive shall not displace an award to a Small Business with a Non-Small Business. Table 9-5.1: Example of Earned DVBE Incentive Calculation Bidder Proposal Score after application of SB Preference points

Bidder

Confirmed level of DVBE participation

Eligible DVBE Incentive Points

Total Non-Cost Points

A

467

0.0%

0

467

B

392

4.2%

40

432

C

342

1.3%

10

352

D

254

0.0%

0

254

9.3.4.5 Total Non-Cost Points Each compliant Bidder’s total awarded non-cost points will be computed by: 1) Generating the Bidder’s sum total of earned non-cost points by adding together: a. b. c. d.

The points earned from the scoring of (MS) items (350 maximum) The points earned from the scoring of (DS) items (150 maximum) The earned SB preference points (50 points maximum) The earned DVBE Incentive points (50 points maximum)

2) The Bidder with the highest sum total of earned points will be awarded 500 non-cost points. Every other compliant Bidder will be awarded a portion of the 500 non-cost points relative to its sum total of earned non-cost points compared to the highest sum total of earned non-cost points of all Bidders, using the following formula: The Bidder’s sum total of non-cost earned points divided by the highest sum total of non-cost earned points of all Bidders times points equals the Bidders total awarded non-cost points. The following example is offered for illustrative purposes only:

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Table9-6: Example of step 1 of determining the total awarded non-cost points

Bidder

Mandatory Scored (MS) Points

plus

Desirable Scored (DS) Points

A

SB Preference Points

plus

plus

350

+

100

+

17

B

325

+

50

+

C

342

+

0

D

237

+

0

DVBE Incentive Points

equals

Total Earned Non-cost Points

+

0

=

467

17

+

40

=

432

+

0

+

10

=

352

+

17

+

0

=

254

1) Determination of total awarded non-cost points: Table9-7: Example of step 2 of determining the total awarded non-cost points

Bidder

Bidder’s Total Earned Points

Ratio of the Bidder’s Earned Points to the Highest Earned Points

equals

Percent Earned

times

Total Possible Noncost Points

A

467

467 467

=

100.00%

x

500

=

500

B

432

432 467

=

92.50%

x

500

=

462.50

C

352

352 467

=

75.37%

x

500

=

376.85

D

254

254 467

=

54.38%

x

500

=

271.90

equals

Total Awarded Non-cost Points

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Final selection for a Contract award will be based on the Bidder being responsive to the IFB and the Bidder’s total cost as calculated according to the methodology described in this Section. Only a Bidder’s Final Bid shall be used for final bid evaluation; Table 9-8: Evaluation Criteria Evaluation group

Methodology

Mandatory Administrative Requirements

Pass/Fail

Mandatory Technical Requirements

Pass/Fail

Mandatory Scorable Admin/Tech Req

Scored

Desireable Scorable Technical Requirements

Scored

Cost

Formula, See Section 9.7

The State retains the right, in its sole judgment to declare all Final Bids as Draft Bids, and/or to not make awards. 9.3.5

EVALUATION QUESTIONS

During the evaluation and selection process, the State may desire the presence of a Bidder’s representative for answering specific questions, or may ask such questions in writing. During the evaluation of Final Bids the State may ask the Bidder to clarify their submitted information but will not allow the Bidder to modify its Bid except per Section 2.5.4 Errors in the Final Bid. The State’s evaluation questions and the Bidder’s answers, and related follow-up correspondence, shall be confidential with each Bidder, and shall not be made public via posting on the State’s website. 9.3.6

RECEIPT

All Final Bids received by the time and date specified in Section 1.7, Key Action Dates, will be opened and evaluated. No Bids will be accepted after the specified time and date. Bids will be date and time stamped or otherwise documented upon receipt by the Procurement Official or designee. Bids will be kept in a secured area and remain confidential until bid opening. 9.3.7

PRELIMINARY REVIEW AND VALIDATION

All Bids received by the time and date specified in Section 1.7 KEY ACTION DATES, will be acknowledged as having been received at that time. Bidder’s Response, Volume 3 – Cost Data (including the CD of Volume 3), shall remain sealed and in the possession of the Procurement Official listed in Section 1.6, until the public cost opening. The Bids will be checked by the Procurement Official for the presence of proper identification and the presence of required information, in conformance with the bid submittal requirements of Section 8, Bid Format. Absence of required information may make the Bid non-responsive and may result in Bidder disqualification.

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VALIDATION AGAINST REQUIREMENTS

The State will check each Bid in detail to determine its compliance to the IFB requirements. The State reserves the right to determine if the Bidder’s response to a requirement, as detailed in their description and/or supporting documentation, supports or contradicts the Bidder’s claim of intended compliance. If a bid fails to meet a IFB Mandatory requirement, the State will determine if the deviation(s) is Material. A Material Deviation is cause for rejection of the bid. A material deviation cannot be waived. During the Evaluation of the Bids, the State Evaluation Team may request that the Bidder clarify any area of the Bid that the State Evaluation Team determined to be unclear. However, this request for clarification will not be an opportunity for the Bidder to change their bid.

9.4

ADMINISTRATIVE REQUIREMENTS EVALUATION (M)

Requirements in Section 5, Administrative Requirements labeled with (M) are mandatory, with the exception of Section 5.2.2, Small Business and Disabled Veterans Business Enterprise (DVBE) Preference. Review of the detailed Bids will begin with ensuring that the Bidder has responded to all Administrative Requirements specified in Section 5, Administrative Requirements for the appropriate Bid submittal documents. Only Bids passing the mandatory Administrative Requirements Evaluation will proceed to the Mandatory Business and Functional and Technical Requirements Evaluation. If a Bid fails to meet any of the Mandatory requirements specified in Section 5, ADMINISTRATIVE REQUIREMENTS, the State will determine if the deviation is material. If the deviation is determined to be material, the Bid will be considered non-responsive and shall result in Bidde’rs disqualification.

9.5 9.5.1

BUSINESS REQUIREMENTS EVALUATION Mandatory Qualification Requirements Evaluation

The State Evaluation Team will evaluate the Bidder’s qualifications using the information contained in Exhibit 19, Bidders Qualification Form(s). A minimum of three (3) forms must be submitted and up to a maximum of six (6). Bidders must submit one (1) completed form for each of the projects cited. Bidders who do not return the required Qualification Forms shall be deemed non-responsive. Each submitted form will be evaluated for compliance with the requirements specified in Section 6., Business Requirements and in accordance with the criteria set forth in Exhibit 19.1, Bidder’s Qualification Requirements Form. If any submitted form fails to adequately document the Bidder’s experience and how it meets the requirements, the State will determine if the deviation is material. If the deviation is determined to be material, the Bid will be considered non-responsive. 9.5.2

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The State Evaluation Team will evaluate the Bidder’s references using the information provided within Exhibt 19, Bidder Reference Forms. All reference forms must be returned with the bid submittal in order to meet the Bidder’s minimum experience requirements. Bidders who do not return the required Reference Forms shall be deemed non-responsive. Each Bidder’s Reference Form must be signed by a client reference contact that performed an oversight role on the referenced project. Any governmental agency may be used as a reference, including CalOES. If the Client reference is not allowed either legally or by company/organization policy to sign the Client reference form, the Client reference must type in their full name with a brief statement on the form outlining the reason they are not permitted to sign the State’s reference form. If needed, the State may contact the Bidders References to validate the reference submitted. The Evaluation Team will make two (2) attempts via phone and/or email to validate Bidder’s experience using the information provided in the Bidder’s Reference forms, as applicable. For a passing score, each Bidder’s Reference question must receive a rating of two (2) or better. If the Bidder’s reference provides unsatisfactory feedback, the reference shall be disqualified. If a reference form question contains a rating of zero (0), one (1) or no, that reference shall be deemed non-responsive. If needed to verify either the Bidder’s or staff’s qualifications, the Evaluation Team will make two (2) attempts via email to validate the Bidder’s experience using the information provided in the Bidders Reference Form, Exhibit 19.2. Bidders should ensure that references are available for validation during the evaluation period identified in Section 1.7, KEY ACTION DATES. If the Evaluation Team has not received a response from the Bidder’s Referenced Contact after the first attempt, a second attempt will be made. If no response is received after the second attempt, the Evaluation Team will contact the Bidder and request that the Bidder assist the State by having the reference respond to the State within a 48-hour period from the second attempted contact. If the evaluators are still unable to contact the reference(s), the Bidder may be deemed non-responsive for failure to provide verifiable references and may cause the bid to be rejected.

9.6

FUNCTIONAL AND TECHNICAL REQUIREMENTS EVALUATION

The evaluation team will review the Bidder’s response to the Business, Functional And Technical Requirements (Exhibit 20) to determine whether the Bid contains valid responses to all of the mandatory Requirements. A valid response must be provided for all requirements. If a Bid fails to meet any of the Mandatory requirements specified in Section 6, BUSINESS, FUNCTIONAL AND TECHNICAL REQUIREMENTS, the State will determine if the deviation is material. If the deviation is determined to be material, the Bid will be considered non-responsive and shall result in Bidder disqualification. Business, Functional And Technical Requirements in Section 6, labeled with (D) are Desirable and Bidders are not required to respond.

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Table 9-9: Evaluation Criteria Mandatory (M) Administrative, Business and Technical Requirements Evaluation Evaluation Questions

Workflow

Step 1:

Does the Bidder agree to comply with each requirement?

Step 2:

Does the Bidder provide a Narrative to each Requirement where indicated?

Step 3:

Evaluation Outcome

Evaluation Criteria

Score

All Administrative, Business and Mandatory responses must be marked “Yes” to Pass.

Pass/Fail

•

The Bidder provided a narrative response to each requirement where indicated.

•

Narrative response does not include assumptions, exceptions and/or conditions to the requirement.

•

The Bidder addressed all of the required elements of the requirement.

•

Narratives that counter or conflict with a “Yes” response to a mandatory requirement shall fail.

•

Narratives that did not indicate a clear understanding of, or inaccurately interpreted the requirement shall “Fail”.

If any of the of the evaluation criteria in Step 1 or Step 2 does not score a “Pass” to any of the Mandatory requirements of Section 6, Table 6.1, the Bidder will be deemed nonresponsive and disqualified.

Pass/Fail

Pass/Fail

All responses must be marked “Yes” to Pass.

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9.6.1

IFB 2015-01911

Technical Evaluation of Unsolicited Items

All Bidders who offer Unsolicited items shall have those items reviewed by the State to determine if they are in scope with their associated SOW Mandatory requirements. Any offered Unsolicited individual item deemed by the State to be in conflict with SOW Mandatory requirements, out of scope, insufficiently described, or otherwise not in the best interests of the State shall be disqualified from the offering. Offered Unsolicited items that are dependent upon a different disqualified individual Unsolicited offering shall also be disqualified. Disqualification of Unsolicited offerings, or the failure of a Bidder to offer any Unsolicited items, shall not by itself jeopardize the Bidder’s bid except to the degree that it affects the Bidder’s evaluated Unsolicited cost points per Section 9.7.1, Scoring of Unsolicited Item Costs; unless the Bidder has stated that the (disqualified) Unsolicited item is required in order for a Mandatory item to be functional, in which case the disqualification of the Unsolicited item could create a failure of the Mandatory item. Because Unsolicited items have not been specified by the State and are neither required (Mandatory) or desirable (D) in State solicitation terms, the determination of acceptance or disqualification of individual Unsolicited items shall be the sole right of the State, shall not need justification, and is not subject to protest by any Bidder. The technical evaluation of Unsolicited items shall not be scored for non-cost points.

9.7

COST EVALUATION

After the mandatory pass/fail evaluation of bids as described in IFB Section 9.6 and 9.7 above, costs (bid Volume 3) will be evaluated for compliant Bidders without material deviations. Costs will not be evaluated for noncompliant Bidders with material deviations. The Bidder’s Cost Worksheets will be checked for mathematical accuracy and the Bidder’s grand total for one (1) year’s costs shall be confirmed for each bid. The evaluation of costs shall be based on the cost sheets and their instructions as contained in the IFB. The total annual cost of each Bidder will be multiplied by seven (7), representing the approximate total potential number of years of each Contract. The total seven (7) year cost will be used for evaluation methodology. In determining their bidding strategy, Bidders need to establish their own best estimates of applicable unit transaction volumes. Note that actual transaction volumes experienced by each awarded Contractor may vary significantly from the volumes in the cost sheet depending upon a variety of factors, including but not limited to the number of awarded Contractors, the marketing and sales performed by each Contractor, the qualification of Customer subsidies such as from the federal E-Rate and California Teleconnect Fund programs. Bidders are cautioned that the estimated numbers of transactions used in the cost sheets are for cost evaluation purposes only and should not be relied on as a forecast of actual transaction volumes or resulting total reimbursement amounts.

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FOR THE TABLE BELOW, THE NUMBERS USED ARE FOR ILLUSTRATION PURPOSES ONLY AND DO NOT REPRESENT ANY EXPECTATION ON THE PART OF THE STATE. The following example is offered for illustrative purposes only: Table 9-10: Identify the Lowest Total Seven Year Cost

9.7.1

Bidder

Total Seven Year Cost

A

$47,000,000

B

$40,000,000

C

$38,000,000

D

$56,000,000

Lowest Total Annual Cost before preferences and incentive.

Scoring of Unsolicited Item Costs

The total possible score available for Unsolicited items is 100 points. Bidders will be scored based upon their relative discount from their published catalog prices for those offered Unsolicited items acceptable to the State compared to the relative discount offered by other Bidders. In offering their Unsolicited items, Bidders shall use the cost response format contained in the IFB’s cost sheets for every Unsolicited item offered by the Bidder per the instructions for Unsolicited items in IFB Section 7.3, Cost Worksheet Instructions. The State will not include in its cost evaluation of Unsolicited items those offered Unsolicited items that were disqualified by the State during the process described in IFB Section 9.3.3, Technical Evaluation of Unsolicited Items. Cost evaluation of Unsolicited items offered by the Bidder will be as follows: 1. Each item offered by the Bidder and accepted by the State for evaluation must be found in a catalog that includes a name or description equivalent to that offered by the Bidder in its offer. 2. The catalog must be published in paper or online not later than the date and time of the Final Bid due date, and the published catalog must be available to the public. 3. For cost evaluation purposes, a quantity of one (1) per Unsolicited item per year will be used. The catalog price of each offered Unsolicited item used for evaluation purposes shall be the sum of the following published catalog sub-cost quantities and elements: a. One (1) one-time costs (e.g., installation cost) b. Twelve (12) monthly reoccurring charges c. Two (2) cost per change

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4. Any sub-cost elements of any offered Unsolicited item that are not priced in the Bidder’s published catalog, or that cannot be found by the State in the catalog, shall be assumed to have a zero catalog price for that sub-cost element. If a discrepancy is found between a catalog price entered in the cost worksheet by the Bidder compared to the price shown in the Bidder’s catalog, the price published in the catalog shall be used to represent the worksheets’ catalog price, and the State may correct the catalog price entered by the Bidder. 5. The total price per individual Unsolicited item offered shall not exceed the total catalog price of that item using the above catalog sub-cost quantities and elements (#s 3.a, b & c above). 6. Offered Unsolicited items that exceed their published catalog price or that are, in the sole opinion of the State, 2 above the market price for similar products or services, or would impose unacceptable direct, indirect or hidden program costs to the State, or are otherwise not in the interests of the State or its Customers, may be eliminated from further consideration for evaluation or award. 7. Unsolicited items offered with a total price of zero dollars ($0.00), will be accepted regardless whether or not the item is offered in the Bidder’s published catalog, if the item has not been eliminated in the technical review of Unsolicited items as described in Section 9.3.3, Technical Evaluation of Unsolicited Items. 8. Unsolicited items offered with a total price of zero dollars ($0.00) that are not offered in the Bidder’s published catalog, or are offered in the catalog at no cost, shall not be included within the calculation of average percentage discount. 9. The sum-total of the Bidder’s Model total extended costs of all offered and accepted Unsolicited items shall be compared against the sum-total of the Bidder’s Model total extended catalog prices of all offered and accepted Unsolicited items per Subcategory to generate the average percentage discount from the Bidder’s catalog price, using the following formula: (Bidder’s total catalog price – Bidder’s total offered price) ÷ by the Bidder’s total catalog price = the Bidder’s average percentage discount. 10. The Bidder’s average discount off of the total catalog price of all offered Unsolicited items must be at least 25% in order for the Bidder to be considered compliant for the purpose of Unsolicited point evaluation. Bidders who do not

2

Because the item has not been solicited by the State, the State’s opinion regarding acceptance or disqualification shall not need justification, and is not subject to protest by any Bidder.

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achieve an average discount of at least 25% shall receive no Unsolicited item earned points, and will not be included within the comparison of Bidders described in step 11, below. 11. The compliant Bidder that achieves the highest average percentage discount shall receive the maximum available earned points for Unsolicited items: 100 points. Every other compliant Bidder will earn a portion of the 100 earned points relative to its averaged percentage discount compared to the highest average discount of all Bidders, using the following formula: The Bidder’s average percentage discount ÷ by the highest average discount of all Bidders x 100 points = the Bidder’s earned Unsolicited item points. The following example of earned Unsolicited item cost points for Subcategory 1.4 is offered for illustrative purposes only: Table 9-11: Example of scoring Unsolicited item costs

Bidder

Bidder’s Sum Total Percentage Discount

Ratio of the Bidder’s % Discount to the Highest % Discount

equals

Percent Earned

times

Total Possible Unsolicited Cost Points

A

15%

n/a*

=

0.00%

x

100

=

0

B

26%

26% 40%

=

65.00%

x

100

=

65

C

33%

33% 40%

=

82.50%

x

100

=

82.5

D

40%

40% 40%

=

100.00%

x

100

=

100

equals

Earned Unsolicited Cost Points

* Because Bidder A’s sum total percentage discount is below 25%, Bidder A is not qualified to receive any earned Unsolicited cost points. 9.7.2

Adjustment of Costs for TACPA

In evaluating bids, the State will give preferences in accordance with the law for Bidders who are California home based and who successfully claim preferences under the Target Area Contract Preference Act (TACPA) by completing and returning the appropriate forms described in IFB Section 5.2.5. Where a TACPA preference is claimed, the State will verify eligibility for the preference and evaluate and apply the preference in accordance with law and established procedures. The maximum preference allowed for TACPA is nine percent (9%) of the bid amount but may not exceed $50,000 for any bid. In combination with any other preference the maximum limit of the combined preference is 15 percent of the bid amount and, in no case, shall be more than

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$100,000.00 per bid, whichever is less. The TACPA preference is calculated against the lowest Bidder’s proposed cost.

The following example illustrates potential cost evaluation adjustments for optional TACPA compliance: Bidders A has qualified for a 5% worksite preference for TACPA compliance (not to exceed $50,000). No TACPA preferences are claimed by any other Bidders. Bidder C’s proposes the lowest cost; the preference is calculated against Bidder C’s cost, as $38,000,000 x 5% = $1,900,000, and is capped at the maximum limit, $50,000.

Table 9-15: Example of adjusting for TACPA preference

Bidder

Total Seven Year Cost

Total TACPA Percentage Earned

Total TACPA Preference

Cost Reduction (to a maximum of $50,000)

A

$47,000,000

-5.0%

$1,900,000

-$50,000

$46,950,000

B

$40,000,000

0.0%

n/a

-$0

$40,000,000

C

$38,000,000

0.0%

n/a

-$0

$38,000,000

D

$56,000,000

0.0%

n/a

-$0

$56,000,000

9.7.3

Adjusted Total Net Costs

Cost Conversion to Points Each Bidders with the lowest total three (3) year cost for all Mandatory items, adjusted as appropriate for all preferences and incentives (Total Net Cost), will receive 400 earned points. All other compliant Bidders will receive a portion of the 400 earned points relative to the percentage that its cost, adjusted as appropriate for TACPA preferences, is compared to the lowest cost, using the following formula: The lowest adjusted Mandatory cost of all Bidders ÷ by the Bidder’s adjusted Mandatory costs x 400 points = the Bidder’s earned points for Mandatory costs Total Earned Cost Points shall be rounded to the second decimal.

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Using the same four (4) Bidders of the previous examples, the following cost evaluation example is offered for illustrative purposes only:

Table 9-16: Example of Cost Conversion to points for Mandatory requirements Ratio of the Lowest Mandatory Cost equals to the Bidder’s Cost

Bidder

Bidder’s Total Adjusted Total Net Cost

A

$46,950,000

$38,000,000 $46,950,000

B

$40,000,000

C

D

Total Possible equals Mandatory Cost Points

Total Awarded Mandatory Cost Points

Percent Earned

times

=

80.93%

x

400

=

323.72

$38,000,000 $40,000,000

=

95%

x

400

=

380

$38,000,000

$38,000,000 $38,000,000

=

100.00%

x

400

=

400

$56,000,000

$38,000,000 $56,000,000

=

67.85%

x

400

=

271.40

Total Possible equals Unsolicited Cost Points

Final Total Awarded Cost Points

Bidder

Total Awarded Mandatory Cost Points

A

323.72

+

0

=

323.72

B

380

+

65

=

445

C

400

+

82.5

=

482.5

D

271.40

+

100

=

371.40

+

Determination of the Average Baseline 3

3

The Average Baseline shall be rounded to the second decimal place.

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State of California CA Governor’s Office of Emergency Services

IFB 2015-01911

An average baseline of all the awarded points will be established by averaging all of the Bidders’ Final Total Awarded Points with the following exceptions: 1) If the highest Bidders Final Total Awarded Points is more than 15% greater than the next highest Bidders, the highest Bidders Total Awarded Points will be excluded from the baseline calculation, except if there are only two Bidders and they are 15% or more apart then both Bidders scores will be used. 2) If the lowest Bidders Total Awarded Points is more than 15% lower than the next lowest Bidders, the lowest Bidders Total Awarded Points will be excluded from the baseline calculation, except if there are only two Bidders and they are 15% or more apart then both Bidders scores will be used. Continuing the example of the four Bidders, the average baseline is calculated as follows: Table 9-17: Example of determining the average baseline Final Awarded Cost Points

Bidder

+

Final Awarded Non-Cost Points

=

Final Awarded Total Points

Are the highest points greater than 15% more than the next highest points?

Are the lowest points less than 15% below the next lowest points?

A

323.72

500

823.72

N/A

N/A

B

445

462.50

907.5

No*

N/A

C

482.5

376.85

859.35

N/A

N/A

D

371.40

271.90

643.30

N/A

Yes**

Sum total of all Final Awarded Total points 3,233.87 Total Points used to establish the baseline: 2,590.57 Number of Bids used to establish the baseline: 3 Average baseline (2590.57 ÷ 3) 863.52:

* **

9.8

Is 907.5 15% greater than 859.35? Is 643.30 15% lower than 823.72?

DETERMINATION OF BIDDERS QUALIFICATION FOR AWARD

A minimum point threshold will be established that Bidders must achieve in order to qualify for selection and award. The minimum point threshold is established as follows: 1. If a Bidder’s Final Total Awarded Points are not more than 15% below the average baseline, the Bidders will be qualified for an award.

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Example: Assuming the minimum point threshold for award is calculated by multiplying the average baseline of 863.52 points times 85.0% (or 863.52 – [863.52 x 0.150]) to establish a threshold of 733.99 points.

Each Bidder’s Final Total Awarded Points are compared against the minimum threshold: Table 9-18: Example of determining Bidders qualification for award

Bidder

Final Total Awarded Points

Minimum Point Threshold

Are the Bidder’s points greater than the threshold?

Is the Bidder eligible for award?

A

823.72

733.99

Yes

Yes

B

907.5

733.99

Yes

Yes

C

859.35

733.99

Yes

Yes

D

643.30

733.99

No

No

In this example, Bidders A, B and C are qualified for Contract award, while Bidder D is not qualified for Contract award.

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Board of Supervisors Agenda Item Report Submitting Department: General Services Administration Meeting Date: January 23, 2018 SUBJECT General Services Administration: RFP 17-28 Contract Services for Outreach and Engagement for Behavioral Health Department Recommendation: 1) Award RFP 17-28 to Nexus Youth & Family Services for Proposal A- Building Blocks of Resiliency Program in an amount not to exceed $40,000.00, and Proposal B- Community Outreach & Engagement in an amount not to exceed $140,000.00, and Proposal C- Promotores de Salud Program in an amount not to exceed $34,000, and Proposal DYouth Empowerment Program/Project SUCCESS in an amount not to exceed $46,000.00, and for Proposal ESubstance Abuse Prevention Program in an amount not to exceed $84,276.00, and 2) Authorize the Health and Human Services Director, and County Counsel to negotiate final terms and conditions and develop a contract based upon the Sample Agreement with Nexus Youth & Family Services. 4/5 vote required: No Distribution Instructions: Chuck Iley, CAO / James Foley, Health and Human Services Director / Stephanie Hess, MHSA Programs Coordinator ATTACHMENTS  RFP receipt log  RFP 17-28 Memo to Board regarding recommendations  RFP 17-28 Outreach and Engagement  RFP 17-28 Sample Services Agreement  RFP 17-28 WEIGHTED a-PCIT

331

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GENERAL SERVICES ADMINISTRATION

MAIL: 12200-B Airport Road, Jackson, CA 95642 LOCATION: 12200-B Airport Road, Martell, CA PHONE: (209) 223-6759 FAX: (209) 223-0749 E-MAIL: [email protected]

MEMORANDUM

TO:

Board of Supervisors

FROM:

Jon Hopkins, GSA Director

DATE:

January 8, 2018

RE:

RFP 17-28 Contract Services for Outreach and Engagement

On Thursday, November 30, 2018 at 1:30 PM Amador County Request for Proposals, RFP 17-28 were received, opened and read publicly for Outreach and Engagement Services that included five separate components: 1) Building Blocks of Resiliency Program; and 2) Community Outreach & Engagement; and 3) Promotores de Salud Program; and 4) Youth Empowerment Program/Project SUCCESS; and 5) Substance Abuse Prevention Activities. All are required and funded by the Mental Health Services Act and Substance Abuse Prevention and Treatment dollars. An Evaluation Committee was formed consisting of three (3) staff members from Behavioral Health that evaluated the six (6) proposals submitted. For the five (5) separate contracts available, only one (1) (Building Blocks of Resiliency Program) of the five (5) contracts had more than one (1) proposal received. Within the Building Blocks of Resiliency Program, two separate programs were listed, ParentChild Interaction Therapy (PCIT) and Aggression Replacement Training (ART); Amador-Tuolumne Community Action Agency (ATCAA) submitted a proposal for only the PCIT portion of this contract. Proposals were evaluated by each committee member based upon points assigned to a category item and then totaled and averaged for a final score. The top scored proposal was selected and recommended for award. Attached for reference is the Bid Receipt Log and Evaluation Score Sheet for the Parent-Child Interaction Therapy contract. Responses for the remaining contracts were reviewed and deemed acceptable by the Evaluation Committee. No interviews were conducted as the information provided by each proposer was sufficient to determine the best candidate. Of the two (2) firms evaluated for Proposal A- Building Blocks of Resiliency Program (PCIT portion only), Nexus Youth & Family Services provided the best overall proposal for the following reasons: 1. Demonstrated overall best quality and responsiveness to the RFP (i.e. labeled correctly, organized, and had letters of support from schools); 2. Clearly demonstrated the best relevant experience; 3. Approach used included all components of the target population and not missing or lacking material.

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Based upon the Committee’s review I submit the follow recommendation. Recommendation: 1) Award RFP 17-28 to Nexus Youth & Family Services for Proposal A- Building Blocks of Resiliency Program in an amount not to exceed $40,000.00, and Proposal B- Community Outreach & Engagement in an amount not to exceed $140,000.00, and Proposal C- Promotores de Salud Program in an amount not to exceed $34,000, and Proposal D- Youth Empowerment Program/Project SUCCESS in an amount not to exceed $46,000.00, and for Proposal E- Substance Abuse Prevention Program in an amount not to exceed $84,276.00, and 2) Authorize the Health and Human Services Director, and County Counsel to negotiate final terms and conditions and develop a contract based upon the Sample Agreement with Nexus Youth & Family Services. Attachments:

Cc:

Bid Tabulation Form Evaluation Score Sheets Sample Agreement

Chuck Iley, CAO James Foley, Health and Human Services Director Stephanie Hess, MHSA Programs Coordinator file

334 Page 2 of 2

County of Amador REQUEST FOR PROPOSALS RFP No. 17-28

Amador County Behavioral Health Contract Services for Outreach and Engagement Components: Building Blocks of Resiliency Program Community Outreach and Engagement Promotores de Salud Program Youth Empowerment Program/Project SUCCESS Substance Abuse Prevention Activities Deadline for Submission: 1:30 p.m. Thursday November 30, 2017 UNDER NO CIRCUMSTANCES WILL LATE PROPOSALS BE ACCEPTED Prepared for: Behavioral Health Department County of Amador 10877 Conductor Blvd., Suite 300 Sutter Creek, CA 95685 (209) 223-6308

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COUNTY OF AMADOR REQUEST FOR PROPOSALS 17-28 Outreach and Engagement ____________________________________________________________________________ PROJECT DESCRIPTION SUMMARY The Amador County Behavioral Health Department is requesting proposals from qualified consultants to prepare and conduct Outreach and Engagement Services for five (5) programs (Building Blocks of Resiliency Program, Community Outreach & Engagement, Promotores de Salud Program, and Youth Empowerment Program/Project SUCCESS) under the Amador County Mental Health Services Act 3-Year Plan, funded under the Mental Health Services Act (MHSA). Another component is included in this RFP and is entitled Substance Abuse Prevention and Treatment (SAPT) Block Grant. One and/or multiple firms may be selected to perform any and/or all components related to the development and subsequent implementation of these five (5) programs in collaboration with Amador County Behavioral Health Department (ACBHS) for fiscal years 17/18, 18/19 & 19/20. Services do require Proposers to provide their own location to conduct these programs. This excludes services provided at schools. Proposers must show an established relationship with schools in order to be considered for school based programs. BACKGROUND In 2004, California voters passed Proposition 63, the Mental Health Services Act (MHSA), which became law on January 1, 2005. The Act imposes 1% taxation on personal income exceeding $1 million. Over the past 8 years, these funds have transformed, expanded, and enhanced the current mental health system. MHSA has allowed Amador County Behavioral Health Services (ACBHS) to significantly improve services and increase access for previously under-served groups through the creation of community based services and supports, prevention and early intervention programs, workforce, education and training, as well as innovative, new approaches to providing programs to the public. In 2006, ACBHS developed a plan entitled the Amador County MHSA Community Services and Supports Plan (MHSA Plan) for delivery of community services and supports in accordance with State guidelines pursuant to the Mental Health Services Act. The MHSA Plan was revised in April 2014 (entitled the MHSA 3-Year Plan for FY 2014-17). The intent of the MHSA Three-Year Plan is to provide the public a projection regarding each component within MHSA. The current 3-Year Plan expires June 30, 2017 and a revised, updated plan will take effect July 1, 2017. The projections and the programs described therein are based on community input and form the basis of this RFP. Additional funding for the Substance Abuse Prevention Activities is provided through the SAPT Block Grant which is Federal Funding available to Counties in order to provide prevention and treatment services to those who are at risk or who meet criteria for addiction. These funds include the provision for education and prevention in schools which Substance Abuse Prevention Activities addresses.

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SCOPE OF WORK FOR PROPOSALS A, B, C, D AND E Proposers shall provide all labor, tax, bonds, insurance, permits, premiums, shipping, transportation, services, disposal, equipment, materials, and appurtenant facilities for all Scope of Work listed in proposals A, B, C, D and E. PROPOSAL A – BUILDING BLOCKS OF RESILIENCY PROGRAM Program Description The Building Blocks of Resiliency program offers two components: Parent-Child Interaction Therapy (PCIT) and Aggression Replacement Training (ART) to help create stronger and healthier children, youth, and families with positive relationships. PCIT is designed to improve family functioning, resiliency, and cohesion as parents receive one-on-one coaching in “real time” to acquire skills and tools to improve the quality of the parent-child relationship. Through ART, youth develop a skill set for responding to challenging situations with social learning and cognitive behavioral strategies. Parent Child Interaction Therapy (PCIT) PCIT is an intensive treatment program that is designed to help both parents and children. The PCIT program works with parents and children together to improve the quality of the parent-child relationship and to teach parents the skills necessary to manage their child’s severe behavior problems. The PCIT program consists of two parts: a Relationship Enhancement component and a Discipline component. Within the Relationship Enhancement component, parents are taught and “coached” how to decrease the negative aspects and increase positive and supportive communication with their child. In the Discipline component, parents are taught and “coached” the elements of effective child-management skills. In both, parents are taught specific skills, given the opportunity to practice these skills during therapy, and continue practicing skills until mastery is achieved and the child’s behavior is improved. PCIT is appropriate for children who: • Are between the ages of 2 and 7 • Exhibit many of the following behavioral concerns: o Difficulty in school, preschool, and/or daycare o Aggression toward parents, siblings, and/or other children o Sassing back to their parents o Refusing to follow directions o Frequent temper tantrums o Swearing and/or defiance • Are currently living with their parent (or will soon be reunited) • May be on medication to manage their behavior problems • Are currently in foster care (can be conducted with biological parent, foster, or adoptive parents). PCIT takes approximately 20 weeks to achieve mastery of the PCIT skills. PCIT protocol consists of pre, mid, and post treatment assessments which measure the child’s improvement of challenging behaviors and the parents stress level regarding their difficult child. The goals are to shift the clients from the clinically significant scores to the more normal range. All sessions are recorded. CONTRACTOR staff and collaborative partners will identify and refer children and families in need of the PCIT program. Page 2 of 19

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Aggression Replacement Training (ART) ART is a multimodal intervention designed to alter the behavior of chronically aggressive youth. It consists of skills streaming, designed to teach a broad curriculum of pro-social behavior, anger control training, a method for empowering youth to modify their own anger responsiveness, and moral reasoning training, to help motivate youth to employ the skills learned via the other components. The authors present a series of efficacy evaluations which combine to suggest that ART is an impactful intervention. With considerable reliability, it appears to promote skills acquisition and performance, improve anger control, decrease the frequency of acting out behaviors, and increase the frequency of constructive, pro-social behaviors. In general, its potency appears to be sufficiently adequate that continued implementation and evaluation with chronically aggressive youth is clearly warranted. CONTRACTOR shall collaborate with the Amador County Unified School District and will implement ART onsite at local schools with students referred by classroom teachers. Breakout groups, based on need, will be comprised of 6 to 8 students and will meet weekly for one hour. Each of these ART groups will meet for 8 to 10 weeks. Two clinicians will facilitate each group. Each week, the students will participate in one hour of each component, including skills streaming, anger control, and moral reasoning. Each cohort will be specifically designed for that group of students based on the pretreatment assessments which are completed by the students, teachers, and parents. There are multiple assessments utilized with the ART model to ensure program fidelity. Additional ART groups may be offered in the evening 3 times per week for one hour for a 10 week series. CONTRACTOR staff shall work closely with school staff and administrators in order to continue building a positive relationship with the schools, including having ART promoted among the students as an “opportunity” and not as a “punishment” to reduce stigma. Focusing on the group in a positive way will likely help students feel more comfortable participating in sessions and improve overall attendance as well as outcomes. The projected outcome is that 75 youth will experience increased resiliency and improved behaviors and social skills as well as acquire the skills of social skill streaming, anger control, and moral reasoning. This component is also being used in conjunction with the Project SUCCESS program, also funded through the Mental Health Services Act. Target Population The target population for this program are those in Amador County who are at risk of or may be experiencing early signs of mental illness, including: • Children (Age 0-17) • Transition Age Youth (Age 18-24) • Adults (Age 25-59) / Families • Latino / Spanish Speaking Community • Veterans & their Families • Single Parent Families • Foster Youth Program Objectives 1. 2. 3. 4.

Serve at least 20 family members through PCIT and 75 youth through ART in Amador County. Increase services to foster/adopted youth in Amador County compared to previous fiscal year. Make at least 5 referrals to Amador County Behavioral Health Services each quarter as appropriate. Provide and post information to reduce stigma and increase awareness regarding mental health. Page 3 of 19

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5. Improve overall emotional wellbeing for group and individual participants in Amador County. 6. Track and measure services provided to participants each month using sign-in sheets and the demographic and satisfaction surveys provided by Amador County Behavioral Health Services. 7. Participate in local meetings, forums, and events to foster collaboration and community outreach. Program Budget Program Coordinator (.20 FTE) Eligible Providers, Service Delivery Indirect Costs (10%) Total Budget

$18,000 $18,000 $ 4,000 $40,000

PROPOSAL B - COMMUNITY OUTREACH & ENGAGEMENT CONTRACTOR shall provide a safe and stable environment for isolated community members to gather and receive support as needed. CONTRACTOR shall also provide outreach/prevention education, and early intervention to isolated rural area consumers by teaching coping mechanisms, providing alternatives to negative or harmful behaviors, and increasing social and emotional support systems. Services shall build wellness and resiliency in individuals who are at risk of or may be experiencing early signs of mental illness. As a community partner, CONTRACTOR will augment the core clinical services of the County by providing outreach, prevention education, engagement, support, liaison and linkage between the community and ACBHS. CONTRACTOR shall provide Family Advocates to work in partnership with County staff to coordinate services that are inclusive and accessible and build a seamless system of support for individuals and their families across varying cultural backgrounds and life stages. Outreach/Prevention Education To strengthen relationships and improve access for the underserved, CONTRACTOR will reach out to the isolated rural communities. CONTRACTOR will provide information about mental health and existing services in the community. CONTRACTOR will also provide prevention education regarding coping mechanisms, alternatives to negative or harmful behaviors, and increasing social and emotional support systems. The information may be provided in printed materials, presentations or events, groups settings or individually. A Community Educator will travel to identified isolated areas, to provide specific information about mental health wellness and concerns. The goal is to generate trust, and build and maintain a positive rapport with citizens living in the outlying areas who often do not have access to Behavioral Health Services. For those individuals perceived as having a severe mental health illness, a direct referral and linkage to ACBHS will be facilitated. Case Management Support Services The Family Advocate will provide prevention and early intervention case management services. Staff will utilize a consumer-centered approach to ensure appropriate access to and usage of all available resources to support personal growth, mental health stability, wellness and resiliency. The Family Advocate will work with the consumer to identify mental and physical health issues and service needs. The Family Advocate will ensure each consumer has all the information necessary to link with the Page 4 of 19

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appropriate service agencies, including ACBHS. The Family Advocate will assist the consumer in the beginning steps to an individualized care plan that is unique to that person’s situation. Family Advocate services will address barriers to accessing services such as language, geographic isolation, and stigma. Peer Partner Program In order to increase system-wide capacity, access to services, and a seamless service experience, the Peer Partner Program offers funding to contractors to provide stipends to peers (those with similar experiences as others being served) in their system who support others in accessing needed services. With this funding CONTRACTOR shall provide stipends to consumers who provide support, transportation, and/or assistance to other consumers in getting to doctor’s appointments (physical and/or mental health), navigating the social service system, navigating the school system, or helping with other processes that support overall emotional wellbeing of the consumer involved. CONTRACTOR shall provide training to the peer partner providing support regarding healthy boundaries, confidentiality, and safety, and screened for a criminal background. Preferred stipends are $25.00 cards from a local grocer and/or gas station in exchange for each episode of support. Episodes of support shall be logged on the provided forms and turned in quarterly. Target Population The target population for this program includes isolated Amador County residents who are at risk of or may be experiencing early signs of mental illness, including: • Children (Age 0-17) • Transition Age Youth (Age 18-24) • Adults (Age 25-59) • Older Adults (60+) • Latinos/Spanish Speaking • Veterans • Homeless • Single Parents • LGBTQ Program Objectives 1. Serve at least 350 individuals of any age throughout Amador County, annually. 2. Provide at least 9 community presentations related to mental health, each quarter of the year. 3. Provide individual assistance / resource support to at least 50 individuals each quarter of the year. 4. Make at least 15 referrals to Amador County Behavioral Health Services each quarter, as appropriate. 5. Provide and post information to reduce stigma and increase awareness regarding mental health. 6. Improve overall emotional wellbeing for group and individual participants in Amador County. 7. Track and measure services provided to participants each month using sign-in sheets and the demographic and satisfaction surveys provided by Amador County Behavioral Health Services. 8. Participate in local meetings, forums, and events to foster collaboration and community outreach. 340 Page 5 of 19

9. Purchase and provide at least 40 stipends each quarter to trained peers who provide support to other peers in accessing needed services; log episodes of support on the attached form and submit quarterly. Program Budget Rent & Utilities Salaries & Benefits Staff Mileage Program & Office Supplies Program Outreach Child Care Supplies Peer Partner Stipends Indirect Costs Total Budget

$20,000 $86,500 $ 5,000 $ 6,000 $ 2,000 $ 1,500 $ 5,000 $14,000 $140,000

PROPOSAL C - PROMOTORES DE SALUD PROGRAM Program Description The Promotores de Salud is a Latino “Peer-to-Peer” program that utilizes Spanish-speaking Hispanic/Latino community members to reach out to other historically underserved Spanish-speaking Hispanic/Latino and linguistically isolated community members. The goal of this program is to promote mental health, overall wellness, and ultimately increase access to services. Promotoras conduct educational presentations and outreach activities and help overcome cultural barriers. In order to outreach to the Spanish-speaking community regarding mental health needs and services, the Promotores program will train and deploy 2-3 Promotoras into the areas across the county with elevated concentration of Spanish-speaking populations. The Promotora, a community-based lay worker and peer educator, will help address barriers to accessing services, such as transportation, availability, culture, language, stigma, and mistrust. The Promotoras will be community volunteers who will be trained to work with professionals and paraprofessionals in the delivery of mental health prevention and early intervention activities. Volunteers will receive stipends in order to defray transportation and event costs. Each Promotora will receive 8 weeks of extensive training that teaches knowledge of culturally and linguistically competent topics relevant to behavioral health. They will be trained to identify and recognize early signs and symptoms of substance abuse and behavioral/mental health disorders, work with selected providers in the delivery of prevention and early intervention educational programs, develop culturally relevant materials, assist in ensuring that activities are provided in a culturally and linguistically appropriate manner, and strengthen their communities’ capacity to increase resilience and wellness. They will also be trained on assisting individuals in navigating the public behavioral health system, such as directing them to the appropriate behavioral health services, when necessary, and providing support and follow up for individuals that are referred to behavioral health services. 341 Page 6 of 19

The Promotoras will conduct educational presentations and perform community outreach activities on behavioral health topics to groups and individuals within community settings such as schools, churches and homes on a weekly basis. The overall benefit to the county will be the increase of community members being connected to community-based prevention and early intervention and behavioral health services without fear of stigmatization. The program will serve at least 200 individuals each year. Peer Partner Program In order to increase system-wide capacity, access to services, and a seamless service experience, the Peer Partner Program offers funding to contractors to provide stipends to peers (those with similar experiences as others being served) in their system who support others in accessing needed services. With this funding contractors shall provide stipends to consumers/family members who provide support, transportation, and/or assistance to other consumers/family members in getting to doctor’s appointments (physical and/or mental health), navigating the social service system, navigating the school system, or helping with other processes that support overall emotional wellbeing of the consumer/family member involved. Contractors shall provide training to the peer partner providing support regarding healthy boundaries, confidentiality, and safety, and screen for a criminal background. Preferred stipends are $25.00 cards from a local grocer and/or gas station in exchange for each episode of support. Episodes of support shall be logged on the attached form and turned in quarterly. Target Population The target population for this program are Latino/Spanish Speaking individuals in Amador County who are at risk of or may be experiencing early signs of mental illness, including: • Children (Age 0-17) • Transition Age Youth (Age 18-24) • Adults (Age 25-59) • Older Adults (60+) • Single Parent Families • Veterans • Homeless Program Objectives 1. Serve at least 200 Latino community members of any age throughout Amador County each year. 2. Provide at least 6 presentations on mental health to Spanish-speaking participants each quarter. 3. Provide individual assistance / resource support to at least 30 individuals each quarter of the year. 4. Make at least 10 referrals to Amador County Behavioral Health Services each quarter, as appropriate. 5. Provide and post information to reduce stigma and increase awareness regarding mental health. 6. Improve overall emotional wellbeing for group and individual participants in Amador County. 7. Track and measure services provided to participants each month using sign-in sheets and the demographic and satisfaction surveys provided by Amador County Behavioral Health Services. 8. Participate in local meetings, forums, and events to foster collaboration and community outreach. 9. Purchase and provide at least 15 stipends each quarter to trained peers who provide support to other peers in accessing needed services; log episodes of support on the attached form and submit quarterly. Page 7 of 19

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Program Budget Volunteer Coordinator Transportation Stipends, Events, Trainings Peer Partner Stipends Indirect Costs (10%) Total Budget

$15,000 $13,600 $ 2,000 $ 3,400 $34,000

PROPOSAL D - YOUTH EMPOWERMENT PROGRAM / PROJECT SUCCESS Program Description The Youth Empowerment Project (YEP) assesses and addresses the significant need for wellness programs for youth from 12 to 18 years of age in Amador County. The intent of this program is to build and foster youth-focused community partnerships, provide prevention and early intervention services and mental health education to Amador County youth, and facilitate groups and activities. YEP staff will implement this program at selected Amador County schools using the Project SUCCESS model and the Youth Mental Health First Aid curriculum as frameworks. Project SUCCESS is a research-based program that builds on the findings of other successful prevention programs by using interventions that are effective in reducing risk factors and enhancing protective factors. Project SUCCESS counselors use the following intervention strategies: information dissemination, normative and prevention education, problem identification and referral, community based process and environmental approaches. In addition, resistance and social competency skills, such as communication, decision making, stress and anger management, problem solving, and resisting peer pressure are taught. The counselors primarily work with adolescents individually and in small groups; conduct large group prevention/education discussions and programs, train and consult on prevention issues with school staff; follow-up with students and families needing mental health services and/or substance abuse treatment in the community. Project SUCCESS Program Components: •

•

•

Prevention Education Series – Topics include being an adolescent, family pressures and problems, and skills for healthy coping. Alcohol, tobacco, and other drug prevention are provided through funding from another source. Mental Health First Aid components will complement this series. Each training will be conducted by the Project SUCCESS Counselor. Individual and Group Counseling – Project SUCCESS Counselors conduct time limited individual sessions and/or group counseling at school to students following participation in the Prevention Education Series and an individual assessment. There are a variety of different counseling groups for students to participate in dependent on the needs of those identified. Referral and Coordination of Services - Students who require treatment, more intensive counseling, or other services are referred to appropriate agencies or practitioners in the community by their Project SUCCESS counselors. Additional assistance is provided, as needed

Youth Mental Health First Aid is an education program which introduces participants to the unique risk factors and warning signs of mental health problems in adolescents, helps to build understanding of the Page 8 of 19

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importance of early intervention, and teaches individuals how to help a youth in crisis or experiencing a mental health or substance use challenge. Mental Health First Aid uses role-playing and simulations to demonstrate how to assess a mental health crisis; select interventions and provide initial help; and connect young people to professional, peer, social, and self-help care. Participants learn the risk factors and warning signs of a variety of mental health challenges common among adolescents, including anxiety, depression, psychosis, eating disorders, ADHD, disruptive behavior disorders, and substance use disorder. Participants learn a core five-step action plan to support an adolescent developing signs and symptoms of mental illness or in an emotional crisis by assessing for risk of suicide or harm, listening nonjudgmentally, giving reassurance and information, encouraging the youth to seek appropriate professional help and encouraging self-help and other support strategies. Peer Partner Program In order to increase system-wide capacity, access to services, and a seamless service experience, the Peer Partner Program offers funding to contractors to provide stipends and/or training to peers (those with similar experiences as others being served) in their system who support others in accessing needed services. With this funding Contractor shall provide stipends or training to students who provide support and/or provide assistance to other students in navigating the school system or helping with other processes that support overall emotional wellbeing of the student involved. Contractor shall provide training to the student providing support regarding healthy boundaries, confidentiality, and safety. If used, preferred stipends are $25.00 cards from a local grocer and/or gas station in exchange for each episode of support. Episodes of support shall be logged on the attached form and turned in quarterly. Target Population The target population for this program are those in Amador County who are at risk of or may be experiencing early signs of mental illness, specifically: • Children (Age 0-17) • Transition Age Youth (Age 18-24) • Foster Youth • Latinos Program Objectives 1. Serve at least 375 youth ages 12-18 in at least three (3) schools throughout Amador County. 2. Provide at least three (3) complete Youth Mental Health First Aid (YMHFA) courses to persons identified as working with youth and integrate YMHFA curriculum as appropriate into classroom instruction. 3. Through the Project SUCCESS and Youth Mental Health First Aid education series, improve youth participant knowledge regarding wellness, mental health resources and prevention strategies. 4. Make at least 3 referrals to Amador County Behavioral Health Services each quarter, if appropriate. 5. Provide and post information to reduce stigma and increase awareness regarding mental health. 6. Improve overall emotional wellbeing for group and individual participants in Amador County. 7. Track and measure services provided to participants using class lists and a non-demographic pre and post survey for Mental Health First Aid training, as well as overall program surveys (to be filled out by contractor) provided by Amador County Behavioral Health Services. Page 9 of 19

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8. Participate in local meetings, forums, and events to foster collaboration and community outreach. 9. Purchase and provide at least 20 stipends each quarter or fund at least one training to peers who provide support to other peers in accessing needed services; log episodes of support on the attached form and submit quarterly. Program Budget Personnel Expenses Prgm Coordinator

$27,700

Facility & Operating Expenses Rent & Utilities Staff Mileage Printing & Duplicating Program Supplies Training and Conferences Peer Stipends/Training Total Direct Expenses Indirect Costs @ 10% Total Expenses

$ 3,000 $ 2,000 $ 700 $ 3,000 $ 2,000 $ 3,000 $41,400 $ 4,600 $46,000

PROPOSAL E – SUBSTANCE ABUSE PREVENTION ACTIVITIES Program Description Contractor will provide drug and alcohol prevention programming to elementary, middle school and high school youth aimed at reducing the incidence of alcohol and drug use and abuse by this population. Contractor will work cooperatively with the schools, community and other resources to expand these services. Contractor will provide services appropriate to each targeted population. Described below are the potential services that will be delivered to the population as indicated. Curriculum/Programs Proposed Developed in 1984, the primary focus of the Friday Night Live programs is to form youth/adult partnerships with young people, providing programs rich in opportunities and support, so young people will be less likely to engage in unhealthy, problem behaviors, including drug and alcohol abuse. The goal of FNL is for young people to gain life skills that will give them more opportunity to achieve in school, attend higher education and be problem free and fully prepared to become healthy, productive adults. The Friday Night Live/Club Live programs will initiate programs and activities that educate the general student populations about drug, alcohol and tobacco reduction throughout schools and the community. Too Good for Drugs is a school-based prevention program for kindergarten through 12th grades that builds on students’ resiliency by teaching them how to be socially competent and autonomous problem solvers. Too Good for Drugs focuses on developing personal and interpersonal skills to resist peer pressures, goals setting, decision making, bonding with others, having respect for self and others, Page 10 of 19

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managing emotions, effective communication and social interactions. Additionally, the program provides information about the negative consequences of drug use and the benefits of a nonviolent, drug-free lifestyle. Age appropriate curriculum is provided for each grade level. Project SUCCESS is designed to prevent and reduce substance use among students 12 to 18 years of age. The program targets students attending alternative high schools who are at high risk for substance use and abuse due to poor academic performance, truancy, discipline problems, negative attitudes toward school and parental substance abuse. Project SUCCESS is also appropriate for use in regular middle and high schools for a broader range of high risk students. This program includes four components: The prevention education series, school wide activities about the prevalence and acceptability of substance use, a parent program and group/individual counseling. My Lifeplan is a 9 week interactive program, delivered through guided exercises that allow the participants to assess themselves and their readiness for goal setting toward a healthy and drug free lifestyle. This program helps students discover for themselves how to navigate successfully their own path of life, avoid risk-taking behaviors and become successful and thriving adults. My Lifeplan addresses these 8 key elements of success: drug and alcohol issues, community service, academic support/study skills, character development/ethics, nutrition, health promotion, career planning and financial literacy. WEB Leadership WEB is a student centered leadership and mentor program founded on the guiding principle that students are an invaluable and untapped resource at their school. WEB believes that students ultimately want to be positive change agents at their schools, but need the structure and permission to do so. At the heart of the WEB program are the WEB Leaders. WEB is an excellent service learning and character development program; students get to serve their school community on multiple levels as well as reflect, consider and understand the impact of their own behavior and lifestyle choices. Proposed Objectives •

• • • •

Friday Night Live/Club Live chapters to be formed at Junior High Schools, High Schools and community locations in Amador County. 30 students will participate in the FNL/CL program, consisting of the 6th - 12th grade population. These students will develop and implement activities and programs promoting drug and alcohol free lifestyles that will be shared with other students in their schools and communities. Included in these activities will be DUI Court in the Schools, Betting on Our Future and Safe Driving activities. 300 traditional and non-traditional education high school and junior high school students will receive the Project SUCCESS program as deemed appropriate. Contractor’s staff will participate in the WEB Leadership program with 40 students at Amador County Schools, as deemed appropriate. Too Good for Drugs programming will be made available to 300 students in the Kindergarten through 6th grades of the Amador County Unified School District. My Lifeplan skills curriculum will be implemented, as deemed appropriate, on a site by site basis.

Measures •

Retrospective and pre/post testing specific to each program will be administered to the indicated population. Page 11 of 19

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• •

The Statewide Youth Development Survey will be given to all Friday Night Live/Club Live students at the conclusion of the school year. FNL/CL County Coordinator will track and input youth prevention data into the CalOMS PV database for each group on a quarterly basis.

Actions • • • • • • •

Contractor will provide the agreed upon programs to students in the Amador County Unified School District, as determined by school site administration. Contractor agrees to serve as fiscal and operational agent for the Amador County programs as approved by the Behavioral Health Department Director or designee. Contractor will supervise staff for the Amador County programs. Contractor will provide program staff with office space. Contractor will disburse funds for program expenditures authorized by staff in accordance with the budget. Contractor’s County Coordinator for the programs will collect, input and track all data for CalOMS youth prevention system. Contractor will complete monthly billings for the programs.

Program Budget Personnel Expenses Prevention Specialist/Educators Program Oversight

$60,200 $ 7,100

Facilities/Operating Expenses Travel Costs Rent and Utilities Program Supplies Insurance Training and Conferences Total Direct Expenses Indirect Cost Total Expenses

$ 2,000 $ 2,000 $ 3,426 $ 389 $ 1,500 $76,615 $ 7,661 $84,276

THE COUNTY’S ROLE Amador County Behavioral Health Services management personnel will provide coordination and oversight of the work. Amador County Behavioral Health Services management will also serve as a resource in a collaborative effort with the successful Proposer. COMPENSATION AND REIMBURSEMENT OF EXPENSES Compensation for the services listed in the proposal shall not exceed the total projected costs for the work. Proposer shall submit for review and approval invoices detailing the services provided during 347 Page 12 of 19

each invoice period. The invoice shall utilize a simple, easy to understand format that has been approved by the County. Although this contract provides a 3 year term, unless specifically approved by the Board of Supervisors, the maximum per year cost shall not exceed budgeted amounts funded under the Mental Health Services Act (MHSA) for each program listed and is not guaranteed. The California Constitution requires that any County contract that extends beyond the current fiscal year must be subject to future appropriations. PROPOSAL CONTENT In order for the County to compare and evaluate proposals effectively and efficiently, each proposal (A, B, C, D and/or E) shall be organized in the specific format outlined below and submitted separately. Proposals (A, B, C, D and/or E) will be evaluated and awarded separately. Failure to comply with this requirement may cause disqualification. The proposals shall include the following as a minimum: 1.

Cover Page: Firm name, title of proposal, and date of proposal.

2.

Transmittal Letter: Shall include the legal name of the agency or organization making the proposal, business address, name, title, address, email address, and telephone number of person(s) authorized to negotiate and contractually obligate the Respondent firm and the contact person(s) authorized by the firm to be contacted for clarifications. The letter shall be signed by a principal or officer of the firm.

3.

Work Plan: Detailed description of the approach and methodology to be used to meet the objectives of the project. Include geographic locations where the services are to be provided, quality control measures, numbers of meetings to be held, total participants projected, types of groups or individuals to be contacted reflecting the different stakeholders for the work, specific needs as required, etc.

4.

Staffing: List of personnel who will be directly assigned to provide services, together with a discussion of each member’s responsibilities and resumes. Include an organizational chart of personnel providing services. Also identify the extent of County personnel involvement deemed necessary, including number of estimated hours required and expertise required of the County.

5.

Statement of Experience and Qualifications: Description of the nature of the proposer’s present work, including a comprehensive list of current and past work on similar projects, staff who worked on those projects, and corresponding client’s names, titles, addresses and phone numbers. For any projects referenced in the Statement of Experience and Qualifications, list the involvement of the proposed staff members. Include evidence of any special licensing or qualifications required to perform the work.

6.

Execution of Sample Agreement: A statement that the Sample Agreement (see Attachment A) has been reviewed by the principal or officer of the firm, and a list of any exceptions or changes that are requested prior to execution of the Agreement. The specific services to be incorporated into the agreement will be based upon the RFP as well as the responses prepared by Respondents, and may include those negotiated items between the County and the successful Respondent(s). Page 13 of 19

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No requests for changes to the Agreement will be entertained other than those presented in the proposal. Upon request by County, the proposer shall be required to sign a Business Associate Agreement with Amador County in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA). PROPOSAL SUBMITTAL: Proposals submitted must meet the following criteria to be acceptable for consideration regarding this project: 1.

Submit one (1) original signed proposal marked “Original”, five (5) bound proposal copies and one (1) electronic copy (CD or flash drive) in Microsoft Word formats for each proposal no later than 1:30 p.m. Thursday November 30, 2017: Mail: Amador County General Services Administration, 12200-B Airport Road, Jackson, CA. 95642; Physical Location: Amador County General Services Administration, 12200-B Airport Road, Martell, CA. 95654. Normal business hours are Monday through Friday 8:00 a.m. to 5:00 p.m. and staff can be reached at (209) 223-6375. (Note: Firms selected for interview may be required to submit additional copies.)

2.

The proposals must be submitted in separate envelopes clearly marked with the name and title of the specific proposal listed below: RFP 17-28 PROPOSAL A – BUILDING BLOCKS OF RESILIENCY PROGRAM RFP 17-28 PROPOSAL B - COMMUNITY OUTREACH & ENGAGEMENT RFP 17-28 PROPOSAL C - PROMOTORES DE SALUD PROGRAM RFP 17-28 PROPOSAL D - YOUTH EMPOWERMENT PROGRAM / PROJECT SUCCESS RFP 17-28 PROPOSAL E – SUBSTANCE ABUSE PREVENTION ACTIVITIES The proposer’s return address and the proposal number must appear on the outside of the envelope.

3.

Proposals received incomplete or late, for any reason, may not be accepted.

4.

All proposals submitted in response to this RFP will become the property of the County and will not be returned. The County reserves the right to make use of any information or ideas contained in the proposals. The proposal itself shall not constitute a contract, but will, if accepted, be incorporated into the contract between the County and the selected proposer. 349 Page 14 of 19

5.

Proposals submitted to the County become public documents subject to disclosure once the proposal is awarded. If the proposer considers any portion of their proposal to be confidential, the proposer must label each and every page of the confidential portions as: “Trade Secret”, “Confidential” or “Proprietary.” The proposer must also list the confidential material at the beginning of its proposal, and provide justification for not making such material public. The County shall have the sole discretion to disclose or not disclose such material, subject to any protective order that the proposer may obtain, but it is incumbent on the proposer to assert its rights to confidentiality. Please note: The successful Proposer shall be expected to fully meet all representations made in its proposal, including demonstration of the requirements outlined in this RFP.

6.

Respondents may withdraw their proposals at any time prior to the RFP submission deadline. A signed withdrawal request by the Respondent’s duly authorized representative must be provided to General Services

EXCHANGE OF INFORMATION & CONFLICTS OF INTEREST Exchanges of information between interested Respondents and the County is encouraged to improve the understanding of the requirements set forth in this RFQ. Questions concerning the project and/or RFP requirements should be directed to www.publicpurchase.com. Posting questions to www.publicpurchase.com ensures questions and answers are available for all Respondents to view and respond to ensuring an open, fair and equal process. Should a Respondent have difficulty with gaining access to www.publicpurchase.com, please contact General Services at (209) 223-6375 for assistance. Respondents are specifically directed not to communicate with or make attempts to influence any members of the County’s Evaluation Committee or other department representatives involved in the selection process that would create a conflict of interest or unfair advantage. Failure to adhere to this instruction may result in disqualification of the Respondent. EVALUATION OF PROPOSALS The County staff will evaluate the proposals as described below. 1.

Proposals shall be opened and examined to ensure that each complies with the requirements of the RFP. The absence of required information may render the proposal non-responsive and may be cause for rejection.

2.

Prior to final selection, a short list of qualified and responsive proposers may be requested to participate in an interview and/or be asked to submit additional information for clarification. The purpose of the interview and acquisition of additional information will be to provide an opportunity for each proposer to present their qualifications and proposals in person and/or to answer any questions that the County may have regarding the proposer’s submittals. If interviews are to be held, the time and place of the interview will be arranged after the short list is complied. It is anticipated that not less than three (3) firms will be selected to be interviewed to discuss their proposal and qualifications; however, based upon qualifications, the County may Page 15 of 19

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3.

at its option choose to interview more than three (3) qualified Proposers or only one Proposer or select a Proposer based solely on evaluating written proposals only. If agreement cannot be reached with the top ranked Proposer, the County will then contact the next highest scored firm and attempt to negotiate a contract scope of work and fee. This process will be continued until a contract scope of work and fee is successfully negotiated, or until the County determines to cease negotiations with any firm.

4.

The County is an Equal Opportunity/Affirmative Action Employer and the successful proposer will be required to comply with the provisions of Federal Executive Order 11246 and applicable state and federal laws. Proposers should be familiar with the Employers’ Practical Guide to Reasonable Accommodations Under the Americans with Disabilities Act as published by the Job Accommodation Network, a service of the U.S. Department of Labor’s Office of Disability Employment Policy.

5.

All proposals are evaluated to determine whether or not they met all the requirements of the RFP. Responses are individually scored as assigned to a category. Individual scores are averaged and entered into that category column. Each category is assigned a weight and the result is a weighted score. Each category is assigned a point range of 0 to 20 (0 = Non-existent 4 = Poor 8 = Marginal 12 = Acceptable 16 = Very Good 20 = Excellent).

6.

The rating scale establishes standards by which points are assigned to proposals, and it ensures that members of the Evaluation Committee evaluate each proposal with consistency. An Evaluation Committee is formed and the number of its members is determined by the County’s Purchasing Agent based upon each member’s professional background, interest and complexity of the RFP. Each committee member conducts an individual evaluation of each proposal. Each member’s total points are combined and averaged to determine those top ranked proposals. The County may choose to develop a Short List and/or select a proposal using this criterion. If a Short List is developed, those proposers offered an interview may have the opportunity to make a presentation and/or answer questions the Committee may have. The purpose is to seek further clarification and understanding of each proposal. Proposals will be evaluated based on the rating scale and criteria listed below: Possible Points

Weight

Quality and Responsiveness of the Proposal

20

10%

Work Plan

20

30%

Staffing

20

15%

Experience and Qualifications

20 80

45% 100%

CATEGORIES

Total

TERMS OF REQUEST FOR PROPOSALS 1.

Acceptance of Proposals: The County reserves the right to reject any and all proposals and to waive any informality, technical defect, or clerical error in any proposal and to request additional Page 16 of 19

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information from all Respondents. This RFP is not an offer to contract. The County reserves the right to request clarification of any information submitted, interview firms and/or request additional information during interviews. The County further reserves the right to enter into negotiations with one or more firms and/or enter into multiple contracts and/or not award a contract. 2.

Oral Communications: Any oral communication between the County and the proposer is not binding, nor will it modify the RFP in any way.

3.

Amendments and/or Addendums: We expect that you may have questions as you prepare your response to the RFP and/or changes may be necessary. To handle questions or changes most effectively and to ensure that everyone has the same information, we request that you promptly send your question(s) to www.publicpurchase.com. Respondent’s must register at http://www.publicpurchase.com/amadorco,ca to view answers to posted questions, see amendments or addendums and/or download information regarding this RFP (please see Electronic Disclaimer below). Questions must be received no later than November 22, 2017 at 4:00 p.m. Should it be found necessary, the County of Amador General Services Administration Director, or his designee, shall issue a written amendment/addendum or respond to questions which will be posted to www.publicpurchase.com. Anyone acquiring “hard copies” from the office of General Services shall be placed on a “Holders List” and notified of any changes. Amendments/addendums issued must be signed and included in your proposal.

4.

Proposal Cost: The cost of developing the proposal is the sole responsibility of the proposer; the County is not liable for any costs incurred by those submitting proposals.

5.

Proposal Submission: Proposers may submit proposals by any means (e.g., U.S. Mail, Fed Ex, courier, etc.). Proposals must be received at the physical address noted by the deadline. This RFP includes five (5) different programs. Multiple proposals summited by the same proposer must be submitted separately and identified as required in this RFP.

6.

Basis for Proposal: The RFP and any amendments to it represent the most definitive statement the County will make concerning information upon which proposals are to be based. Proposers will be assumed to have thoroughly examined these documents.

7.

Deliverables: If this Proposal is awarded, and the successful proposer fails to sign and return to the County within five (5) days (i) the Contract, (ii) any bonds required, and (iii) the required insurance certificates as specified in the Sample Contract/Agreement information and documents with an insurer satisfactory to the County Risk Manager, the County may, at its option, determine the proposer has abandoned the Contract. In that case, the Proposal and the acceptance thereof shall be null and void, and any security shall be forfeited and become the property of the County of Amador.

8.

Right to Negotiate: The County reserves the right to negotiate any fee or any provision, accept any part, or all parts of any and all Proposals whichever is in the best interest of the County. The County intends to negotiate only with those firms whose Proposals meet the requirements of the County.

9.

County’s Official Hard-Copies: Failure to obtain the County’s official hard-copies of this RFP and contract documents may result in prospective proposers being disqualified and may not be Page 17 of 19

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notified of any amendments or changes which may also disqualify any proposers. Proposers obtaining this RFP and contract documents directly from the Department of General Services will be placed on the official RFP holders list. In order to be placed on the County’s RFP holders list, a purchase or receipt of the RFP information and documents from General Services Administration office is required (email is an acceptable form of a receipt only if confirmed by both the County and Proposer). All proposers must contact the County to receive copies of current RFP documentation. Proposers who rely on information obtained from plan rooms or any web site accept responsibility for any inaccurate or incomplete information. DISCLAIMER REGARDING ELECTRONIC INFORMATION: Computer-based and electronic information (“Electronic Information”) for Amador County RFP17-28 Outreach and Engagement is provided solely for the convenience of prospective proposers, and are not considered part of the contract documents. No representation or warranty is made, either expressed or implied, with regard to the accuracy or suitability of said Electronic Information for any purpose whatsoever. It is the responsibility of prospective proposers to verify all aspects of the Electronic Information against the County’s official hard-copies of the contract documents. In the event of any conflict between the County’s official hard-copies of the contract documents and the Electronic Information, the official hardcopies of the contract documents shall govern. Utilization or viewing of said Electronic Information shall constitute implicit acknowledgement and acceptance of the provisions of this paragraph. 10.

Verbal Agreement or Conversation: No prior, current, or post award verbal conversations or agreement(s) with any officer, agent, or employee of County shall affect or modify any terms or obligations of this RFP, or any contract resulting from this RFP.

11.

Background Check: The County reserves the right to conduct a background inquiry of each proposer, which may include collection of appropriate criminal history information, contractual and business associations, business practices, employment histories, and reputation in the business community. By submitting a proposal to the County, the proposer consents to such an inquiry and agrees to make available to the County such books and records the County deems necessary to conduct the inquiry.

12.

Piggyback Procurement: Other public agencies within California may desire to award a contract in response to this Request for Proposal. If authorized by Respondent under schedule of this invitation, Respondent shall provide services to agencies at the same prices and upon the same terms and conditions. If the successful firm agrees to this provision, participating agencies may enter into a contract with the successful firm for the purchase of the services and goods described herein based on the terms, conditions, prices, and percentages offered by the successful firm to the County. Minor changes in terms and conditions may be negotiated by participating agencies for a period of time no longer than stated in the contract following the award of this contract (this contract term shall be for a period of three years)

PROTEST PROCEDURE 1.

Proposers may file a written protest with the Amador County Purchasing Agent no later than five (5) working days after of the date of evaluation notification by the Purchasing Agent or his designee which may be by telephone, letter and/or email. 353 Page 18 of 19

2.

The protest shall be delivered or sent by registered mail to the Purchasing Agent.

3.

The protest filed with the Purchasing Agent shall: a. Include the name, address, and business telephone number of the protestor; b. Identify the project under protest by name, RFP/Q number, and RFP/Q date; c. Contain a concise statement of the grounds for protest including alleged violations of Federal, State, or local law; provided, however, RFP or RFQ process and procedures, including evaluation criteria, shall not be proper grounds for protest and concerns related to those issues should be raised and addressed, if at all prior to the proposal opening date to allow adjustments before evaluation of proposals and; d. Provide all supporting documentation, if any. Documentation submitted after filing the protest will not be considered during review of the protest or during any appeal.

PROTEST REVIEW 1.

Upon receipt of a protest, the Purchasing Agent shall review all the submitted materials and shall create and retain a written record of the review. The Purchasing Agent shall respond in writing at least generally to each material issue raised in the protest not later than fifteen (15) working days after receipt of the protest.

2.

If the protested procurement involves Federal or State funds, the Purchasing Agent shall give notice to the interested party that he or she has the right to appeal to the appropriate Federal or State agency which shall be identified by name and address. An appeal hereunder shall be filed with the appropriate agency within five (5) working days of the dispatch of notification to the interested party(ies).

3.

Purchasing Agent decisions may be appealed in writing to the Amador County Board of Supervisors prior to the award date, which is given in the notification. The Board of Supervisors shall review and decide the appeal based on the grounds and documentation set forth in the original protest to the Purchasing Agent. The appealing party may be represented by legal counsel if desired. Each party shall bear its own costs and expenses involved in the protest and appeal process, including any subsequent litigation. The decision of the Board of Supervisors shall be final unless the protested procurements are obtained in whole or in part with Federal or State funds.

II.

ATTACHMENTS

A: Sample Services Agreement *All exhibits annexed and attachments hereto are expressly made a part of this RFP as though fully set forth herein.

354 Page 19 of 19

SERVICES AGREEMENT THIS SERVICES AGREEMENT (this “Agreement”) is entered into as of , 20 by and between the COUNTY OF AMADOR, a political subdivision of the State of California (the "County") and , a California (Corporation, Sole Proprietor, etc.) (the “Contractor”). RECITALS

A. Pursuant to Government Code section 31000, County desires to engage assistance to provide the hereinafter set forth special services. B. Contractor is in the business of providing in this Agreement.

services similar to those set forth

C. County desires to engage Contractor, and Contractor desires to be hired by County, to perform the work described below, upon the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the performance of the covenants herein contained, the parties agree as follows: 1. SERVICES TO BE RENDERED BY CONTRACTOR. Upon written request by County’s Director of , Contractor will provide services for Amador County Department (the “Work”). The Work is more particularly described on Attachment A attached and incorporated by this reference. Contractor shall perform the Work in compliance with all statutes, ordinances, regulations and requirements of federal, state and local governing bodies applicable to the performance of the Work. 2. SERVICES TO BE RENDERED BY COUNTY. County agrees to compensate Contractor in return for performance of the Work as set forth in this Agreement. 3. CHANGES IN SCOPE OF SERVICES. Only the Amador County Board of Supervisors has the authority to agree to any extension of time, change order, change in the scope of work, change in the contract price, or other term or condition affecting either Contractor's or County's duties set forth herein. Adjustments in compensation, if any, shall be determined through negotiation between the parties to the Agreement and are subject to approval by the Board of Supervisors. Contractor acknowledges that no County staff person or County officer other than the Board of Supervisors has the power to amend the terms and conditions of this Agreement. Any change not so authorized in advance in writing by the Board of Supervisors shall be null and void. 4. TERM; EARLY TERMINATION OF AGREEMENT. This Agreement shall commence on the date of execution by County and shall terminate upon the earlier of the successful completion of the Work or (day[s], year[s], etc.) following the date of execution, unless extended in writing by mutual agreement of the parties. County reserves the right to Page 1 of 18

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terminate this Agreement with or without cause on ( days) written notice to Contractor. In the case of such early termination, Contractor shall be paid for all services satisfactorily rendered up to the effective date of termination, up to the maximum fee prescribed for any task. The County may immediately terminate this Agreement upon written notice to Contractor in the event Contractor, or any or its employees or subContractors, fails to provide, in any manner, the services required under this Agreement or otherwise fails to comply with the terms of this Agreement. 5. COMPENSATION TO CONTRACTOR; PAYMENT. 5.1

Contractor shall be paid for services rendered in accordance with the fee schedule set forth on Attachment B attached and incorporated by this reference. In no event shall compensation to Contractor exceed for any portion of the Work the amounts set forth on Attachment B.

5.2

County shall make payment to Contractor within thirty (30) days of the invoice for payment, based upon the services described on the invoice and in an amount properly allowed by the County.

5.3

In the event Contractor claims or received payment from County for a service for which reimbursement is later disallowed by County, state or federal agencies, Contractor shall promptly refund the disallowed amount to County upon request or, at County’s option, County may offset the amount disallowed from any payment that is due or becomes due to Contractor under this Agreement or any other agreement.

5.4

Contractor shall provide a completed W-9 to the Auditor’s Office. No payments shall be issued prior to submission of this form.

6. SUPERVISION OF THE WORK. 6.1

Contractor shall supervise and direct the Work, using Contractor’s best skill and attention. Contractor shall be solely responsible for all methods, techniques, sequences and procedures, and shall coordinate all portions of the Work. County will deal only through Contractor, who shall be responsible for the proper execution of the entire Work.

6.2

Contractor shall be responsible to County for the acts and omissions of Contractor’s employees, subcontractors, and their agents and employees, and any other persons performing any of the Work under a contract with Contractor.

6.3

Contractor shall assign only competent personnel to perform any portion of the Work. If at any time County, in its sole discretion, desires the removal of any person or persons assigned by Contractor to perform the Work, Contractor shall remove such person or persons immediately upon receiving written notice from County. If any Page 2 of 18

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person is identified in this Agreement (or any attachment hereto), Contractor shall not remove, replace, substitute, or otherwise change any key personnel without the prior written consent of County. 6.4

A subcontractor (“Subcontractor”) is a person or organization that has a direct contract with Contractor to perform any of the Work. Contractor shall not subcontract any portion of the Work unless pre-approved in writing by County. Contractor agrees that it is as fully responsible to County for the acts and omissions of Subcontractors and of persons either directly or indirectly employed by Contractor as it is for the acts and omissions of persons directly employed by it. Nothing contained in this Agreement or any other document associated with the performance of the work shall create any contractual relation between any Subcontractor and County.

6.5

Contractor agrees to bind every Subcontractor and every Subcontractor agrees to be bound by the terms of this Agreement as to that portion of the Work performed by Subcontractor, unless specifically noted to the contrary in a subcontract approved in writing by County. Subcontractor agrees to be bound to the Contractor by the terms of this Agreement and to assume toward Contractor all of the obligations and responsibilities that the Contractor assumes toward County. Contractor agrees to be bound to the Subcontractor by all of the obligations that County assumes to Contractor under this Agreement as to the portion of the Work performed by Subcontractor.

7. CONFERENCES, VISITS TO SITE, INSPECTION OF WORK. In the event it should become necessary for the State or County to hold any conference or visit the site of the proposed work, as a part of any such conference, Contractor shall cooperate fully with the parties involved and shall arrange for qualified representatives of Contractor, upon request of County, to attend any such conference or visit to the site as a part thereof. 8. ASSIGNMENTS. Neither party may assign, sublet, or transfer its interest in this Agreement without the written consent of the other. 9. CONTRACTOR NOT EMPLOYEE OF COUNTY. It is understood that neither Contractor nor any employee of Contractor is acting hereunder as an employee of County, but solely as an independent contractor. Contractor, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of County. Except as expressly provided in this Agreement, Contractor has no authority or responsibility to exercise any rights or power vested in County. It is understood by both Contractor and County that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture. 10. LICENSES, PERMITS, ETC; SANCTIONED EMPLOYEES. 10.1 Contractor represents and warrants to County that it and all of its employees providing services under this Agreement have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required for Contractor to practice its profession and to perform the Work. Contractor represents and warrants to County that Contractor Page 3 of 18

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shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any license, permits, and approvals that are legally required for Contractor and its employees to practice its profession and perform the Work. Contractor further represents and warrants to County that any Subcontractor engaged by Contractor to perform a portion of the Work shall similarly possess all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required for the Subcontractor to perform the portion of the Work that is the subject of the subcontract at issue. 10.2 Contractor shall immediately notify County in the event Contractor or any of its employees, volunteers, interns, subcontractors or providers retained in any capacity by Contractor is under investigation by a licensing board, is found to be in violation of any rules or regulations of the licensing board, or is the subject of a disciplinary action. 10.3 Contractor shall not employ in any capacity or retain as a subcontractor any individual or entity that is listed on either the Suspended and Ineligible Contractor List published by the California Department of Health Services, or any debarment list published by the Federal Office of the Inspector General with regard to Medicaid or Medicare programs. Contractor shall periodically review any such lists to confirm the status of Contractor’s then current employees or subcontractors. If Contractor does employ or subcontract with an individual or entity on any such lists, Contractor shall be fully responsible for any associated penalties, sanctions, losses or damages that may be imposed on County therefor. 11.

INSURANCE. 11.1

Minimum Scope and Limit of Insurance: Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.

Coverage shall be at least as broad as: 11.1.1 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 358 Page 4 of 18

11.1.3 Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (If Contractor has no employees a Certificate of Exemption from Worker’s Compensation Laws must be completed using the County’s form and submitted with all other insurance documents). 11.1.4 Professional Liability (Errors and Omissions) Insurance appropriates to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The insurance policies are to contain, or be endorsed to contain, the following provisions: 11.2

Claims Made Policies: If any of the required policies provide coverage on a claims-made basis: a.

The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

b.

11.2.2 Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

c.

If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

11.3

Broader Coverage: If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the County requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County.

11.4

Verification of Coverage: Contractor shall furnish the County with Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to County before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The County reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Certificates and endorsements shall refer to the Project or Work. Certificates of Insurance shall list the Certificate Holder as: County of Amador, Attn: Risk Management, 810 Court Page 5 of 18

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Street, Jackson, CA 95642. Contractor may email all insurance documentation to [email protected]. 11.5

Notice of Cancellation: Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the County.

11.6

Additional Insured Status: The County, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

11.7

Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the County, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the County, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

11.8

Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that County is an additional insured on insurance required from subcontractors.

11.9

Self-Insured Retentions: Self-insured retentions must be declared to and approved by the County. The County may require the Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or County.

11.10 Waiver of Subrogation: Contractor hereby grants to County a waiver of any right to subrogation which any insurer of said Contractor may acquire against the County by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the County has received a waiver of subrogation endorsement from the insurer. 11.11 Special Risks or Circumstances: County reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 11.12 Acceptability of Insurers: Insurance is to be placed with insurers authorized to Page 6 of 18

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conduct business in the state with a current A.N. Best’s rating of no less than A:VII, unless otherwise acceptable to the County. 12. INDEMNIFICATION. Contractor agrees to indemnify, defend (upon request of County) and hold harmless County and County’s agents, board members, elected and appointed officials and officers, employees, volunteers and authorized representatives from any and all losses, liabilities, charges, damages, claims, liens, causes of action, awards, judgments, costs, and expenses (including, but not limited to, reasonable attorney’s fees of County Counsel and counsel retained by County, expert fees, costs and staff time, and investigation costs) of whatever kind or nature (collectively “Claims”), that arise out of or are in any way connected with any negligent error, act or omission of Contractor or Contractor’s officers, agents, employees, independent contractors, subcontractors, or authorized representatives, unless resulting from the sole negligence, active negligence, or willful misconduct of an indemnified party. Without limiting the generality of the foregoing, the same shall include injury or death to any person or persons; damage to any property, regardless of where located, including the property of County; and any workers’ compensation claim or suit arising from or connected with any services performed pursuant to this Agreement on behalf of Contractor by any person or entity. 13. DOCUMENTS AND RECORDS. 13.1 Contractor shall keep and maintain full and complete documentation and accounting records concerning the Work. Records shall include without limitation all medical records, accounting records and administrative record related to services provided hereunder. Contractor shall preserve these records for a period of at least seven (7) years following the close of the County fiscal year in which the services were rendered; provided, however, that if an audit has been started, records must be retained until completion and final resolution of any and all issues that may arise. Final settlement shall be made at the end of the audit and appeal process. All accounting records shall be maintained so that they clearly reflect the source of funding for each type of service for which reimbursement is claimed by Contractor. Accounting records include without limitation ledgers, books, vouchers, time sheets, payrolls, appointment schedules, client data cards and schedules for allocating costs. 13.2 Contractor shall permit County and any authorized state or federal agency to audit, inspect and copy all records, notes and writings of any kind in connection with the Work, to the extent permitted by law, for the purpose of monitoring the quality and quantity of services, accessibility and appropriateness of services, and ensuring fiscal accountability. All such audits, inspections, and copying shall occur during normal business hours. Upon request, Contractor shall provide copies of such records to County. Where required by law, Contractor shall obtain necessary releases to permit County or other governmental or accrediting agencies to access patient medical records. 13.3 Contractor shall provide to County a copy of any audits performed with respect to the Work no later than thirty (30) days after completion of the audit report. Contractor shall include in any agreement(s) with auditing firms a clause that will allow access by Page 7 of 18

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County and state and federal agencies to the working papers of the external independent auditor. 13.4 If Contractor is a Medi-Cal provider, Contractor shall provide a copy to County of any year-end cost report documenting actual contract expenditures funded by this Agreement. 13.5 Upon completion or termination of this Agreement, County shall be entitled to immediate possession of, and Contractor shall furnish, on request, any plans, correspondence and other pertinent data gathered or prepared by Contractor for the Work prior to termination. Contractor may retain copies of such original documents for Contractor’s files. 14. NON-DISCRIMINATION; CULTURAL COMPETENCY; RESIDENCY. 14.1 Contractor shall provide all services under this Agreement without discrimination, and shall not discriminate against any employee or applicant for employment, on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation. Contractor will comply with Section 1735 of the Labor Code and all provisions of Executive Order No. 10925 of March 6, 1961, as amended, and all rules, regulations and relevant orders of the President’s Committee on Equal Opportunity created thereby. Contractor shall also comply with the California Fair Employment and Housing Act (Government Code, Section 12900 and following). 14.2 Contractor shall provide culturally sensitive services and language interpretation to County beneficiaries when necessary to insure the provision of culturally competent treatment services. 14.3 County residency is a basic eligibility requirement for services rendered under this Agreement; however, transients referred by County in an emergency or persons in involuntary status may also be provided services if requested by County and approved by Contractor. 15. ALCOHOL-FREE AND DRUG-FREE WORK PLACE POLICY. Contractor acknowledges they have obtained and read a copy of the County’s policy regarding alcohol free and drug free workplace, available for review at: Amadorgov.org/Policies, which is hereby made a part of and incorporated herein by reference into this Contract. Contractor shall execute the policy acknowledgment attached hereto as Attachment C. 16. HIPAA COMPLIANCE. The parties acknowledge the existence of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”). Amador County Health Services Department, Behavioral Health Division (“ACHSD”) is an entity covered by HIPAA [45 C.F.R. Parts 160, 162, and 164], and County is a “hybrid entity” under HIPAA. 362 Page 8 of 18

Through the Business Associate Agreement (“BAA”), ACHSD and Contractor have obligations with respect to the confidentiality, privacy, and security of patients’ medical information, and must take certain steps to preserve the confidentiality of this information, including the establishment of proper procedures for the release of such information as required by HIPAA. Each party hereby represents that it is and shall remain in compliance with the rules and regulations of HIPAA. Pursuant to sections 160.103, 164.502(e), 164.504(a), and 164.504(e) of HIPAA, Contractor must enter into a BAA with ACHSD, a copy of which is attached hereto as Attachment D attached and incorporated by this reference. Failure or refusal of a party to execute a BAA when required by law shall constitute a basis for termination of this Agreement in its entirety. The Contractor shall, immediately upon discovery of an unauthorized disclosure or breach of privacy and/or security of Personal Identifiable Information and/or Protected Health Information by Contractor, notify County of such breach within 1 business day of discovery at (209) 223-6412. Contractor shall take prompt corrective action to cure any deficiencies and any action pertaining to such unauthorized disclosure required by Federal and State laws and regulations. Contractor shall investigate such breach and provide a written report of the investigation to the Privacy Officer, postmarked within fifteen (15) working days of the discovery of the breach to the following address: HIPAA Privacy Officer, Amador County Health Services Department Behavioral Health Division 10877 Conductor Blvd, Suite 300, Sutter Creek, CA 95685 In the event the County is obligated to pay any costs associated with an unauthorized disclosure or breach of privacy and/or security of Personal Identifiable Information and/or Protected Health Information by Contractor, Contractor shall pay on County's behalf any and all such costs arising. 17. NOTICES. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States Postal Services, certified with return receipt requested, with postage prepaid and addressed as follows: To Contractor:

XXXX XXXX XXXX

To County:

XXXX XXXX XXXX

With a copy to:

Office of the County Counsel 810 Court Street Page 9 of 18

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Jackson, CA 95642 The address to which notice shall or may be mailed, as aforesaid, to either party shall or may be changed by written notice given by such party or the other, as hereinbefore provided, but nothing herein contained shall preclude the giving of any such notice by personal service. 18. CONTRACT EXECUTION. Each individual executing this Agreement on behalf of Contractor represents that he or she is fully authorized to execute and deliver this Agreement. If Contractor is a corporation, limited liability company, or general or limited partnership, Contractor shall, within thirty (30) days after execution of this Agreement, deliver to County a certified copy of a resolution of the Board of Directors or partner or member authorization of Contractor authorizing or ratifying the execution of this Agreement. 19. CONSTRUED PURSUANT TO CALIFORNIA LAW; VENUE. The parties hereto agree that the provisions of this Agreement will be construed pursuant to the laws of the State of California. Venue for all litigation relative to the formation, interpretation and performance of this Agreement shall be in Amador County, California. 20. INCORPORATION OF AGREEMENTS AND AMENDMENTS. This Agreement contains all agreements of the parties with respect to any matter mentioned herein. No other Agreement or understanding pertaining to any such matter shall be effective, unless in writing signed by the party to be charged. This Agreement may be modified by the parties hereto only in writing and signed by both parties. 21. SEVERABILITY. The invalidity of any provision of this Agreement, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. 22. TIME OF ESSENCE. Time is hereby expressly declared to be the essence of this Agreement and of each and every provision thereof, and each such provision is hereby made and declared to be a material, necessary, and essential part of this Agreement. 23. RETENTION OF RECORDS. Pursuant to Government Code section 8546.7, the performance of any work under this Agreement is subject to the examination and audit of the State Auditor at the request of County or as part of any audit of County for a period of three years after final payment under the Agreement. Each party hereto shall retain all records relating to the performance of the Work and the administration of the Agreement for three years after final payment hereunder. 24. CONFLICT OF INTEREST. Contractor warrants and represents that it presently has no interest and covenants that it will not acquire any interest, direct or indirect, that represents a financial conflict of interest under state law or that would otherwise conflict in any manner or degree with the performance of the Work. Contractor further agrees that in the performance of this Agreement no person having any such interest shall be employed by Contractor. Signatures on following page Page 10 of 18

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. COUNTY OF AMADOR

CONTRACTOR: XXXX, a California corporation

BY: __________________________________ Lynn A. Morgan, Board of Supervisors

BY: ___________________________________ XXXXX Federal I.D. No.:

APPROVED AS TO FORM: OFFICE OF THE COUNTY COUNSEL COUNTY OF AMADOR

ATTEST: JENNIFER BURNS, CLERK OF THE BOARD OF SUPERVISORS

BY: __________________________________ Gregory Gillott County Counsel

BY: __________________________________

365 Page 11 of 18

ATTACHMENT A – SCOPE OF WORK SERVICES (Provide a summary of the work to be provided here) 1. Includes all services specified in the County of Amador RFP Number XX-XX (Title of RFP here) and; 2. Contractor’s response to RFP XX-XX dated XXXX XX, 201X attached herein and; 3. Revised Statement of Work Dated XXXX XX, 201X and; (If Applicable) 4. Revised Cost Proposal Dated XXXX XX, 201X and; (If Applicable) 5. This Agreement These documents are hereby made a part of and incorporated herein by reference into this contract.

366 Page 12 of 18

ATTACHMENT B – FEE SCHEDULE PAYMENT Total compensation to Contractor will be made monthly on a time-and-materials basis (or task related basis) with cost-not-to-exceed Twenty-Five Thousand Dollars and No Cents ($25,000.00) in accordance with Cost Proposal dated XXXX XX, 20XX submitted by (Contractor’s name here) – see attached. The Cost Proposal and Fee Schedule attached hereto, constitute the full and complete understanding and agreement of the parties with respect to the Services to be provided by Contractor (Place Firm and/or Individual Name Here); and they supersede any prior or contemporaneous understanding or agreement, whether written, oral or communicated in any other type of medium, between the parties relating thereto. No amendment or modification of any provision of this Agreement shall be binding unless made in writing and signed by the parties hereto. The California Constitution requires that any County contract that extends beyond the current fiscal year must be subject to future appropriations. ADDITIONAL WORK When the County requests additional work to be performed Contractor shall provide monthly invoices which will include an itemization of expenses for which reimbursement is being requested for. The invoice shall include for each item of the Work performed, hours of work expended (in quarter-hour increments), a detail of work performed, hourly rate or rates of persons performing the task, and copies of receipts for reimbursable materials or expenses. • •

Job Class Job Class

HOURLY LABOR RATES

$XXX.00/hour $XXX.00/hour

EXPENSES AND SUBCONTRACTORS Reimbursement for owned automobiles used in connection with the Work will be at the rate of .54 cents per mile. Reimbursement for direct outside expenses (such as maps, photographs, reproductions, etc.) will be at cost. Reimbursement for subcontractor expenses will be at cost. These documents are hereby made a part of and incorporated herein by reference into this contract.

367 Page 13 of 18

ATTACHMENT C ALCOHOL-FREE AND DRUG-FREE WORK PLACE POLICY AND DRUG & ALCOHOL TESTING POLICY FOR FOR CONTRACTORS The undersigned, authorized signatory for

(the “Contractor”), certifies as follows:

1. Contractor has received a copy of the AMADOR COUNTY ALCOHOL-FREE AND DRUG-FREE WORKPLACE AND DRUG TESTING POLICY concerning maintenance of an alcohol-free and drug-free workplace as required by 41 U.S.C. Chapter 10 and California Government Code Section 8350 et seq.; and drug and alcohol testing as required by the Federal Highway Administration, 49 C.F.R. Part 382 and Department of Transportation procedures for transportation workplace drug testing programs, 49 C.F.R. Part 40. 2. All of Contractor’s officers, subContractors, and agents who perform services pursuant to the Agreement to which this Attachment “C” is attached will abide by that policy as a condition of the Agreement. 3. If any of such officers, employees, subContractors, and agent violates the Amador County Alcohol-Free and Drug-Free Workplace and Drug and Alcohol Testing Policy, the County of Amador may terminate the Agreement immediately. Company Name (if any):

Signed: ___________________________________

Date: _____________________

Name:____________________________________ Title: _____________________________________

368 Page 14 of 18

ATTACHMENT D – BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement (“BAA”) is effective upon execution, and is appended to the Services Agreement (“Agreement”) dated as of ,2016, made and entered into by and between the County of Amador and , a California (Corporation, Sole Proprietor, etc.) (the “Contractor”). RECITALS A. Amador County has entered into the Agreement whereby , a California ( “Business Associate”) will provide certain services to Amador County Health Services Department, Behavioral Health Division (the “Covered Entity”) that may involve the access and use of certain information pertaining to individuals, which information is required to be kept confidential and protected under the provisions of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the regulations adopted pursuant to the Act. B. Under the terms of the Agreement, the Covered Entity may make available and/or transfer to the Business Associate, and/or the Business Associate will generate or otherwise access confidential, personally identifiable health information in conjunction with services delivered on behalf of the Covered Entity. C. This confidential information may be used or disclosed only in accordance with HIPAA and the applicable regulations [including, but not limited to, 45 Code of Federal Regulations sections 164.502(e) and 164.504(e)] issued pursuant to HIPAA and the terms of this BAA, or more stringent provisions of State or Federal laws. D. Pursuant to Amador County Board of Supervisors Resolution No. 04-253, the Director of the Amador County Health Services Department, Behavioral Health Division is duly authorized to execute a Business Associate Agreement with Contractor, as required by HIPAA. NOW, THEREFOR, in consideration of the obligations, benefits, and compensation provided to Business Associate under the provisions of the Agreement, and in order to ensure that it remains valid and complies with HIPAA, the parties agree as follows: 1. Definitions. Capitalized terms not otherwise defined shall have the meanings given to them in Title 45, Parts 160 and 164 of the Code of Federal Regulations and are incorporated herein by reference. 2. Use and Disclosure of Protected Health Information. Except as otherwise provided in this BAA, the Business Associate may use or disclose Protected Health Information (“PHI”) to perform functions, activities or services for or on behalf of the Covered Entity as specified in the Agreement, provided that such use or disclosure would not violate HIPAA and its implementing regulations if done by the Covered Entity. The Business Associate may use and disclose the minimum necessary PHI for its proper management, administrative, and legal responsibilities as follows: 369 Page 15 of 18

A. The Business Associate may use the minimum necessary PHI for the Business Associate’s proper management and administration, or to carry out Business Associate’s legal responsibilities. B. The Business Associate may disclose the minimum necessary PHI for the Business Associate’s proper management and administration, or to carry out the Business Associate’s legal responsibilities only if: (1)

The disclosure is required by law; or

(2) The Business Associate obtains reasonable assurances, evidenced in writing, from the person to whom the PHI is being disclosed that the PHI will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person; and (3) The person promptly notifies the Business Associate (who will in turn promptly notify the Covered Entity) of any instances of which it is aware in which the confidentiality of the PHI has been breached. 3. Further Disclosure of PHI. The Business Associate shall not use or further disclose any PHI received from or on behalf of the Covered Entity, except as permitted or required by the Agreement, or as required by law. 4. Safeguarding PHI. The Business Associate shall develop, implement, maintain and use appropriate administrative, technical and physical safeguards to prevent the improper use or disclosure of any PHI received from or on behalf of the Covered Entity for any purpose other than those expressly permitted under the Agreement. 5. Unauthorized Use or Disclosure of PHI. The Business Associate shall report to the Covered Entity any use or disclosure of the PHI not authorized in the Agreement or required by law of which it becomes aware. In such report, the Business Associate shall: A.

Identify the nature of the unauthorized use or disclosure;

B.

Identify the PHI used or disclosed;

C.

Identify who made the unauthorized use or received the unauthorized disclosure;

D. Identify what the Business Associate has done or will do to mitigate any negative effects of the unauthorized use or disclosure; E. Identify what corrective action the Business Associate has taken or shall take to prevent future similar unauthorized use or disclosure; and Page 16 of 18

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F. Provide such other information, including a written report, as reasonably requested by the Covered Entity. 6. Subcontractors and Agents. The Business Associate shall require each of its subcontractors or agents to which the Business Associate provides PHI received from, or created or received by the Business Associate on behalf of the Covered Entity, to comply with the same restrictions and conditions that apply through this BAA to the Business Associate with respect to such information. 7. Access to PHI. The Business Associate shall provide an Individual access to PHI in a Designated Record Set as required by 45 Code of Federal Regulations section 164.524; and at the request of the Covered Entity, and in the time and manner designated by the Covered Entity, the Business Associate shall provide access to PHI in a Designated Record Set to Covered Entity or, as directed by Covered Entity, to an Individual. 8. Amendments to Designated Record Sets. The Business Associate shall make any amendment(s) to PHI in a Designated Record Set that the Covered Entity directs or at the request of the Individual, and in the time and manner designated by the Covered Entity in accordance with 45 Code of Federal Regulations section 164.526. If amendment to PHI is made by the request of an Individual to the Business Associate, the Business Associate shall notify the Covered Entity. 9. Accounting of Disclosure. Business Associate shall provide to an Individual information collected in accordance with 45 Code of Federal Regulations section 164.528; and Business Associate shall provide to the Covered Entity information collected in accordance with 45 Code of Regulations section 164.528, to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 Code of Federal Regulations section 164.528. 10. Inspection of Books and Records. The Business Associate shall make available its internal practices, books and records related to the use, disclosure and privacy protection of PHI received from the Covered Entity, or created and received by the Business Associate on behalf of the Covered Entity, to the Secretary of the United States Department of Health and Human Services (“DHHS”) for purposes of investigating or auditing the Covered Entity’s compliance with the privacy requirements, in the time and manner designated by the Covered Entity or the Secretary. 11. Return or Destruction of PHI. Upon termination of the Agreement for any reason, the Business Associate shall: A. Return or destroy all PHI received from the Covered Entity, or created or received by the Business Associate on behalf of the Covered Entity that the Business Associate still maintains in any form and retain no copies of such information, if feasible. 371 Page 17 of 18

B. In the event that the Business Associate determines that returning or destroying the PHI is not feasible, the Business Associate shall provide the Covered Entity notification of the conditions that make return or destruction not feasible. If the Covered Entity agrees that return or destruction is not feasible, the Business Associate shall extend the protections of this BAA to such PHI and limit further use and disclosures of such PHI for as long as the Business Associate, or any of its agents or subcontractors, maintains such PHI for the purposes that make return or destruction infeasible. 12. Termination of Agreement. If the Covered Entity determines that the Business Associate has violated a material term of this BAA, the Covered Entity is authorized to terminate the Agreement. 13. Amendment. The terms of this BAA are subject to changes in the Health Insurance Portability and Accountability Act that may take effect at a time subsequent to the effective date of this BAA, and which shall be incorporated into this BAA by way of amendment executed by and between the Covered Entity and the Business Associate. 14. Conflicts. The terms and conditions of this BAA will override and control any conflicting term or condition of the Agreement. All non-conflicting terms and conditions of Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Covered Entity and the Business Associate execute this Business Associate Agreement to be effective on the last date signed below. Amador County Health Services Department, Behavioral Health Divison (“Covered Entity”)

XXX, a California, (Corporation, Sole Proprietor, etc.)

By: _______________________________ James Foley Interim Director of Health Services

By: _______________________________ XXXX XXXX

Date: _________________________

Date: _________________________

372 Page 18 of 18

Proposal Evaluations RFP 17-28 A-PCIT FINAL The Evaluation Committee was made up of three (3) members from Behavioral Health CATEGORIES A. Quality and Responsiveness of the Proposal A.1. Proposal contains all requested information, is organized, not missing or lacking material information, does not have numerous spelling or grammatical errors, is not laborious and provided relevant information. All information requested (Cover page, Transmittal Letter, Execution od Sample Agreement, etc.) B. Work Plan B.1. Provided Detailed description of the approach and methodology to be used to meet the objectives of the project. Include geographic locations where the services are to be provided, quality control measures, numbers of meetings to be held, total participants projected, types of groups or individuals to be contacted reflecting the different stakeholders for the work, specific needs as required, etc. C. Staffing C.1. Provided a list of personnel who will be directly assigned to provide services, together with a discussion of each member’s responsibilities and resumes. Includes an organizational chart of personnel providing services. Also identify the extent of County personnel involvement deemed necessary, including number of hours required and expertise required of the County. D. Experience and Qualifications D.1. Provided a list of experience and qualifications including a description of the nature of the proposer’s present work, including a comprehensive list of current and past work on similar projects, staff who worked on those projects, and corresponding client’s names, titles, addresses and phone numbers. For any projects referenced in the Statement of Experience and Qualifications, list the involvement of the proposed staff members. Include evidence of any special licensing or qualifications required to perform the work. TOTAL POINTS * 0 = Non-existent 4 = Poor 8 = Marginal 12 = Acceptable 16 = Very Good 20 = Excellen TOTAL WEIGHT (100%) TOTAL WEIGHTED POINTS

Max Points

Proposers 0-20 Points

Weight

Proposer 1 Nexus Weighted Score

Max Points

Proposers 0-20 Points

10% 20

20

30% 21.60

18

20

15% 11.58

19.3

20

20

80

76.6

9.00

15

45%

20

20.40

17

15% 20

5.84

14.6

30% 20

Proposer 2 ATCAA Weighted Score

10% 7.72

19.3

Weight

45%

36.00

100.00%

20

16

80

62.6

28.80

100.00% 76.90

64.04

Purchasing Agent Signiture No Interviews were conducted as the information provided by each responder was sufficient to determine the most qualified candidate. The totals represent the average of all committee members scores.

373

Board of Supervisors Agenda Item Report Submitting Department: General Services Administration Meeting Date: January 23, 2018 SUBJECT General Services Administration: Invitation to Bid 17-37 for the purchase of various herbicide chemicals for use by the Agricultural/Public Works departments Recommendation: Award ITB 17-37 for the purchase of various herbicide chemicals for use by the Agricultural/Public Works Department to Agri-Turf Distributing in an amount not to exceed $29,374.85. 4/5 vote required: No Distribution Instructions: Chuck Iley, CAO ATTACHMENTS  ITB 17-37 bid recpt_001  ITB 17-37 Ag Chemicals Memo

374

375

376

GENERAL SERVICES ADMINISTRATION MAIL: 12200-B Airport Road, Jackson, CA 95642 LOCATION: 12200-B Airport Road, Martell, CA PHONE: (209) 223-6744 FAX: (209) 223-0749 E-MAIL: [email protected]

SUMMARY MEMORANDUM

TO:

Board of Supervisors

FROM:

Jon Hopkins, GSA Director

DATE:

January 16, 2018

SUBJECT:

Purchase various herbicide chemicals

Background: On Thursday, January 11, 2018 at 1:30pm Amador County Invitation to Bid 17-37 was received, opened and read publicly for the purchase of various herbicide chemicals for use by the Agricultural/Public Works Department. Five (5) bids were received from Site One Landscape Supply, Crop Production, Agri-Turf Distributing, Target Specialties and one bid was rejected due to being received late by Wilbur Ellis. Attached is the bid receipt log. Lowest bidder for the purchase of various herbicide chemicals for use by the Agricultural/Public Works Department was Agri-Turf Distributing at $29,374.85. Subject or Key Issue: Award ITB 17-37 for the purchase of various herbicide chemicals for use by the Agricultural/Public Works Department Alternatives: Do not proceed with the purchase of various herbicide chemicals for use by the Agricultural/Public Works Department. Fiscal or Staffing Impacts: Funding will be verified prior to purchase. 4/5ths vote: N/A Recommendation(s): 1) Award ITB 17-37 for the purchase of various herbicide chemicals for use by the Agricultural/Public Works Department to Agri-Turf Distributing in an amount not to exceed $29,374.85. cc:

Chuck Iley, CAO file

377 Page 1 of 1

Board of Supervisors Agenda Item Report Submitting Department: Public Health Meeting Date: January 23, 2018 SUBJECT Public Health: Increase in the Medicinal Marijuana Card (MMIC) Fee Schedule for Amador County Residents from $60 for non-Medi-Cal applicants and $30 for Medi-Cal recipients to $100 for non-Medi-Cal applicants and $50 for Medi-Cal recipients which is the fee allowed by the State. Recommendation: Approve increase in the fee schedule for the issuance of Medicinal Marijuana Identification (MMIC) cards 4/5 vote required: No Distribution Instructions: Connie Vaccarezza at Public Health ATTACHMENTS  BOS memo for change in MMIC fee charges.doc

378

Amador County Public Health Department
10877 Conductor Blvd., Ste. 400 Sutter Creek, CA 95685 Phone (209) 223-6407 Fax (209) 223-1562

MEMORANDUM

TO:

Board of Supervisors

FROM:

Connie Vaccarezza

DATE:

1/23/18

RE:

Medicinal Marijuana Card Fee Schedule

Public Health is requesting an increase in the fee schedule for the issuance of the Medicinal Marijuana Identification Card (MMIC) for Amador County Residents. The MMIC identifies the cardholder as a person protected under the provisions of Pop 215 and SB 420. Its purpose is to help law enforcement identify the cardholder who can legally possess certain amounts of medical marijuana under specific conditions. Under Proposition 64, the benefits of possessing a valid MMIC increased to include a reduction of sales and use tax when making retail purchases of medical cannabis, medical cannabis concentrate, edible medical cannabis products or topical cannabis. Amador County Public Health Department has had the responsibility of issuing the Medicinal Marijuana cards for local residents since May 26, 2005. The program has always allowed local departments to charge application and renewal fees to cover administrative overhead. Initially, the state and local department split the fee. However, last year, with the passage of Prop 64, the state no longer collects any portion of the local fee schedule. The current charge for the application or yearly renewal of the MMIC is $60.00 for non-Medi-Cal and $30.00 for Medi-Cal recipients. The Public Health Department is requesting an increase to the fee schedule to $100.00 for non-Medi-Cal applicants and $50.00 for active Medi-Cal recipients. The reason for the request is the increased requirements by the Health and Safety Code Chapter 6, Article 2.5, 11362.7-11362.85 placed on the issuing department. Previously the department was only required to verify the recommending physician was in good standing with the California Medical Board. Prop 64 guidelines requires the department to verify with the physician, that in recommending medicinal cannabis to the patient, the physician certifies compliance with all provisions of the Business and Professions Code Division 2. Chapter 5. Article 25. Recommending Medical Cannabis. This will require contact with each recommending physician to request and gather the applicable certification form. The Health and Safety Code states, “a person who seeks an identification card shall pay the fee…” (Section 11362.715). It also allows local administering departments to charge the applicant $100.00 for Non-MediCal residents and $50.00 for active Medi-Cal residents (Section 11362.746).

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Board of Supervisors Agenda Item Report Submitting Department: Public Works Meeting Date: January 23, 2018 SUBJECT Public Works: New York Ranch Road / Ridge Road Intersection Improvement Project - Final Agreement and Release of Claims with Vinciguerra Construction Recommendation: 1. Authorize the Chair to sign Agreement and Release of Claims 4/5 vote required: No Distribution Instructions: CAO, County Counsel, Risk Management, Auditor ATTACHMENTS  5515-5535_BOS_Final Release.pdf  NYRR Agreement and Release of Claims_Corresp.pdf  NYRR Project_Final Payment Request.pdf

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AMADOR COUNTY COMMUNITY DEVELOPMENTAGENCY

TRANSPORTATION & PUBLIC WORKS

  PHONE:  (209) 223‐6429  FAX:  (209) 223‐6395  WEBSITE:  www.amadorgov.org  EMAIL:  [email protected] 

COUNTY ADMINISTRATION CENTER • 810 COURT STREET • JACKSON, CA 95642-2132

 

MEMORANDUM    TO:    FROM:    DATE:    SUBJECT: 

  CONTACT: 

Board of Supervisors    Jered Reinking, Interim Director    January 23, 2018    Final Agreement and Release of Claims  16‐03 New York Ranch Road / Ridge Road Intersection Improvement Project  Federal Aid Project No.: HSIPL 5926 (039); HRRRL 5926 (040)    Jered Reinking (223‐6226) 

  Overview  This project constructed road widening, turn/merge lanes and installation of traffic signals/lighting. Receipt  of the Agreement and Release of Claims, signed by Vinciguerra Construction (Contractor) is necessary to  authorize the final payment to Contractor. The Department has received the Agreement and Release of  Claims, with Contractor signature. The Department is processing a Final Payment request.    Requested Actions:  1. Authorize the Chair to sign Agreement and Release of Claims    Fiscal Impact  The  engineer's  estimate  of  probable  construction  cost  for  this  contract  was  $2,175,000.  The  original  Contract Amount was $2,279,942. The final Contract Amount is $2,600,000.00.    BACKGROUND    This project is being funded primarily by Federal Aid # HSIP 5926(039), # HRRR 5926(041) both of which  began in late 2008.   Beginning in January 2009, Stantec Consulting, Inc. was hired to provide Environmental  Clearance Services, Right‐of‐Way Appraisal and Acquisition Services, and Engineering‐Design Services for  the project. Environmental Clearance was achieved in April 2012 for both CEQA and NEPA as a Mitigated  Negative  Declaration  and  Categorical  Exclusion,  respectively.  Right‐of‐Way  Acquisition  and  Utility  Relocation Design work was completed in Summer 2015. Engineering Design of the project was completed  in Summer 2015. The project was bid in Spring 2016. Vinciguerra Construction (Contractor) was the low  bidder and was awarded the construction contract in the amount of $2,279,942. Contractor started work  in  June  2016.  Due  to  weather  during  the  Fall  2016,  project  construction  was  suspended  for  the  Winter  2016/2017.  The  Contractor  resumed  work  in  March  2017  and  achieved  substantial  completion  of  the  project in July 2017. All punch list items were completed by the contractor and the resident engineer field  accepted the project as complete on September 27, 2017. On October 10, 2017, the Board of Supervisors  formally accepted the work as complete (Resolution No. 17‐117). A Notice of Completion was filed with  County recorder on October 10, 2017. The stop notice period has been exhausted and the department has  cleared all valid stop notices.       

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  Agreement and Release of Claims  Construction Contract 16‐03  1/23/2018  DISCUSSION    Final  Payment  for  Vinciguerra  Construction  is  currently  in  process.  At  this  point,  the  Chair  can  sign  the  Agreement and Release of Claims as all valid stop notices have been cleared and the final contract sum is  agreed  and  authorized  accordingly.  Prior  to  release  of  final  payment  to  Vinciguerra  Construction,  the  Department  will  swap  remaining  paperwork,  including  Unconditional  Waiver  and  Release  upon  Final  Payment (which the Contractor has already provided electronically).    Pending any Guarantee and/or Warranty issues during the one‐year period per the construction contract,  this action will conclude construction closeout with Vinciguerra Construction for this project.    MEASURES/EVALUATION    Measures or an evaluation are not applicable to this agenda item.    LEGAL ANALYSIS    Legal Analysis is not applicable to this agenda item.    FINANCIAL ANALYSIS    The  engineer's  estimate  of  probable  construction  cost  for  this  contract  was  $2,175,000.  The  original  Contract Amount was $2,279,942. The final Contract Amount is $2,600,000.00.      Attachments:  Agreement and Release of Claims and Correspondence from Contractor  Final Payment Request                 

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Board of Supervisors Agenda Item Report Submitting Department: Risk Management Meeting Date: January 23, 2018 SUBJECT Heat Illness Prevention Program Recommendation: Approve the Heat Illness Prevention Program. 4/5 vote required: No Distribution Instructions: Risk Management ATTACHMENTS  California Code of Regulations, Title 8,section 3395 Heat Illness Prevention_.pdf  Heat Illness Prevention Program -Revision final 01082018.pdf  Memo for BOS meeting 01232018.pdf

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This information is provided free of charge by the Department of Industrial Relations from its web site at www.dir.ca.gov. These regulations are for the convenience of the user and no representation or warranty is made that the information is current or accurate. See full disclaimer at http://www.dir.ca.gov/od_pub/disclaimer.html.

Subchapter 7. General Industry Safety Orders Group 2. Safe Practices and Personal Protection Article 10. Personal Safety Devices and Safeguards Return to index New query §3395. Heat Illness Pr evention

Heat Illness Info (a) Scope and Application. (1) This standard applies to all outdoor places of employment. EXCEPTION: If an industry is not listed in subsection (a)(2), employers in that industry are not required to comply with subsection (e), High-heat procedures. (2) List of industries subject to all provisions of this standard, including subsection (e): (A) Agriculture (B) Construction (C) Landscaping (D) Oil and gas extraction (E) Transportation or delivery of agricultural products, construction materials or other heavy materials (e.g. furniture, lumber, freight, cargo, cabinets, industrial or commercial materials), except for employment that consists of operating an air-conditioned vehicle and does not include loading or unloading. (3) This section applies to the control of risk of occurrence of heat illness. This is not intended to exclude the application of other sections of Title 8, including, but not necessarily limited to, sections 1512, 1524, 3203, 3363, 3400, 3439, 3457, 6251, 6512, 6969, 6975, 8420 and 8602(e).

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NOTE NO. 1: The measures required here may be integrated into the employer's written Injury and Illness Program required by section 3203, or maintained in a separate document. NOTE NO. 2: This standard is enforceable by the Division of Occupational Safety and Health pursuant to Labor Code sections 6308 and 6317 and any other statutes conferring enforcement powers upon the Division. It is a violation of Labor Code sections 6310, 6311, and 6312 to discharge or discriminate in any other manner against employees for exercising their rights under this or any other provision offering occupational safety and health protection to employees. (b) Definitions. “Acclimatization” means temporary adaptation of the body to work in the heat that occurs gradually when a person is exposed to it. Acclimatization peaks in most people within four to fourteen days of regular work for at least two hours per day in the heat. “Heat Illness” means a serious medical condition resulting from the body's inability to cope with a particular heat load, and includes heat cramps, heat exhaustion, heat syncope and heat stroke. “Environmental risk factors for heat illness” means working conditions that create the possibility that heat illness could occur, including air temperature, relative humidity, radiant heat from the sun and other sources, conductive heat sources such as the ground, air movement, workload severity and duration, protective clothing and personal protective equipment worn by employees. “Landscaping” means providing landscape care and maintenance services and/or installing trees, shrubs, plants, lawns, or gardens, or providing these services in conjunction with the design of landscape plans and/or the construction (i.e., installation) of walkways, retaining walls, decks, fences, ponds, and similar structures, except for employment by an employer who operates a fixed establishment where the work is to be performed and where drinking water is plumbed. “Oil and gas extraction” means operating and/or developing oil and gas field properties, exploring for crude petroleum or natural gas, mining or extracting of oil or gas or recovering liquid hydrocarbons from oil or gas field gases. “Personal risk factors for heat illness” means factors such as an individual's age, degree of acclimatization, health, water consumption, alcohol consumption, caffeine consumption, and use of prescription medications that affect the body's water retention or other physiological responses to heat. “Shade” means blockage of direct sunlight. One indicator that blockage is sufficient is when objects do not cast a shadow in the area of blocked sunlight. Shade is not adequate when heat in the area of shade defeats the purpose of shade, which is to allow the body to cool. For example, a car sitting in the sun does not provide acceptable shade to a person inside it, unless the car is running with air conditioning. Shade may be provided by any natural or artificial means that does not expose employees to unsafe or unhealthy conditions and that does not deter or discourage access or use. “Temperature” means the dry bulb temperature in degrees Fahrenheit obtainable by using a thermometer to measure the outdoor temperature in an area where there is no shade. While the temperature measurement must be taken in an area with full sunlight, the bulb or sensor of the thermometer should be shielded while taking the measurement, e.g., with the hand or some other object, from direct contact by sunlight. (c) Provision of water. Employees shall have access to potable drinking water meeting the requirements of Sections 1524, 3363, and 3457, as applicable, including but not limited to the requirements that it be fresh, pure, suitably cool, and provided to employees free of charge. The water shall be located as close as practicable to the areas where employees are working. Where drinking water is not plumbed or otherwise continuously supplied, it shall be provided in sufficient quantity at the beginning of the work shift to provide one quart per employee per hour for drinking for the entire shift. Employers may begin the shift with smaller quantities of water if they have effective

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procedures for replenishment during the shift as needed to allow employees to drink one quart or more per hour. The frequent drinking of water, as described in subsection (h)(1)(C), shall be encouraged. (d) Access to shade. (1) Shade shall be present when the temperature exceeds 80 degrees Fahrenheit. When the outdoor temperature in the work area exceeds 80 degrees Fahrenheit, the employer shall have and maintain one or more areas with shade at all times while employees are present that are either open to the air or provided with ventilation or cooling. The amount of shade present shall be at least enough to accommodate the number of employees on recovery or rest periods, so that they can sit in a normal posture fully in the shade without having to be in physical contact with each other. The shade shall be located as close as practicable to the areas where employees are working. Subject to the same specifications, the amount of shade present during meal periods shall be at least enough to accommodate the number of employees on the meal period who remain onsite. (2) Shade shall be available when the temperature does not exceed 80 degrees Fahrenheit. When the outdoor temperature in the work area does not exceed 80 degrees Fahrenheit employers shall either provide shade as per subsection (d)(1) or provide timely access to shade upon an employee's request. (3) Employees shall be allowed and encouraged to take a preventative cool-down rest in the shade when they feel the need to do so to protect themselves from overheating. Such access to shade shall be permitted at all times. An individual employee who takes a preventative cool-down rest (A) shall be monitored and asked if he or she is experiencing symptoms of heat illness; (B) shall be encouraged to remain in the shade; and (C) shall not be ordered back to work until any signs or symptoms of heat illness have abated, but in no event less than 5 minutes in addition to the time needed to access the shade. (4) If an employee exhibits signs or reports symptoms of heat illness while taking a preventative cool-down rest or during a preventative cool-down rest period, the employer shall provide appropriate first aid or emergency response according to subsection (f) of this section. Exceptions to subsections (d)(1) and (d)(2): (1) Where the employer can demonstrate that it is infeasible or unsafe to have a shade structure, or otherwise to have shade present on a continuous basis, the employer may utilize alternative procedures for providing access to shade if the alternative procedures provide equivalent protection. (2) Except for employers in the agricultural industry, cooling measures other than shade (e.g., use of misting machines) may be provided in lieu of shade if the employer can demonstrate that these measures are at least as effective as shade in allowing employees to cool. (e) High-heat procedures. The employer shall implement high-heat procedures when the temperature equals or exceeds 95 degrees Fahrenheit. These procedures shall include the following to the extent practicable: (1) Ensuring that effective communication by voice, observation, or electronic means is maintained so that employees at the work site can contact a supervisor when necessary. An electronic device, such as a cell phone or text messaging device, may be used for this purpose only if reception in the area is reliable. (2) Observing employees for alertness and signs or symptoms of heat illness. The employer shall ensure effective employee observation/monitoring by implementing one or more of the following: (A) Supervisor or designee observation of 20 or fewer employees, or

407

(B) Mandatory buddy system, or (C) Regular communication with sole employee such as by radio or cellular phone, or (D) Other effective means of observation. (3) Designating one or more employees on each worksite as authorized to call for emergency medical services, and allowing other employees to call for emergency services when no designated employee is available. (4) Reminding employees throughout the work shift to drink plenty of water. (5) Pre-shift meetings before the commencement of work to review the high heat procedures, encourage employees to drink plenty of water, and remind employees of their right to take a cool-down rest when necessary. (6) For employees employed in agriculture, the following shall also apply: When temperatures reach 95 degrees or above, the employer shall ensure that the employee takes a minimum ten minute net preventative cool-down rest period every two hours. The preventative cool-down rest period required by this paragraph may be provided concurrently with any other meal or rest period required by Industrial Welfare Commission Order No. 14 (8 CCR 11140) if the timing of the preventative cool-down rest period coincides with a required meal or rest period thus resulting in no additional preventative cool-down rest period required in an eight hour workday. If the workday will extend beyond eight hours, then an additional preventative cool-down rest period will be required at the conclusion of the eighth hour of work; and if the workday extends beyond ten hours, then another preventative cool-down rest period will be required at the conclusion of the tenth hour and so on. For purposes of this section, preventative cool-down rest period has the same meaning as “recovery period” in Labor Code Section 226.7(a). (f) Emergency Response Procedures. The Employer shall implement effective emergency response procedures including: (1) Ensuring that effective communication by voice, observation, or electronic means is maintained so that employees at the work site can contact a supervisor or emergency medical services when necessary. An electronic device, such as a cell phone or text messaging device, may be used for this purpose only if reception in the area is reliable. If an electronic device will not furnish reliable communication in the work area, the employer will ensure a means of summoning emergency medical services. (2) Responding to signs and symptoms of possible heat illness, including but not limited to first aid measures and how emergency medical services will be provided. (A) If a supervisor observes, or any employee reports, any signs or symptoms of heat illness in any employee, the supervisor shall take immediate action commensurate with the severity of the illness. (B) If the signs or symptoms are indicators of severe heat illness (such as, but not limited to, decreased level of consciousness, staggering, vomiting, disorientation, irrational behavior or convulsions), the employer must implement emergency response procedures. (C) An employee exhibiting signs or symptoms of heat illness shall be monitored and shall not be left alone or sent home without being offered onsite first aid and/or being provided with emergency medical services in accordance with the employer's procedures.

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(3) Contacting emergency medical services and, if necessary, transporting employees to a place where they can be reached by an emergency medical provider. (4) Ensuring that, in the event of an emergency, clear and precise directions to the work site can and will be provided as needed to emergency responders. (g) Acclimatization. (1) All employees shall be closely observed by a supervisor or designee during a heat wave. For purposes of this section only, “heat wave” means any day in which the predicted high temperature for the day will be at least 80 degrees Fahrenheit and at least ten degrees Fahrenheit higher than the average high daily temperature in the preceding five days. (2) An employee who has been newly assigned to a high heat area shall be closely observed by a supervisor or designee for the first 14 days of the employee's employment. (h) Training. (1) Employee training. Effective training in the following topics shall be provided to each supervisory and non-supervisory employee before the employee begins work that should reasonably be anticipated to result in exposure to the risk of heat illness: (A) The environmental and personal risk factors for heat illness, as well as the added burden of heat load on the body caused by exertion, clothing, and personal protective equipment. (B) The employer's procedures for complying with the requirements of this standard, including, but not limited to, the employer's responsibility to provide water, shade, cool-down rests, and access to first aid as well as the employees' right to exercise their rights under this standard without retaliation. (C) The importance of frequent consumption of small quantities of water, up to 4 cups per hour, when the work environment is hot and employees are likely to be sweating more than usual in the performance of their duties. (D) The concept, importance, and methods of acclimatization pursuant to the employer's procedures under subsection (i)(4). (E) The different types of heat illness, the common signs and symptoms of heat illness, and appropriate first aid and/or emergency responses to the different types of heat illness, and in addition, that heat illness may progress quickly from mild symptoms and signs to serious and life threatening illness. (F) The importance to employees of immediately reporting to the employer, directly or through the employee's supervisor, symptoms or signs of heat illness in themselves, or in co-workers. (G) The employer's procedures for responding to signs or symptoms of possible heat illness, including how emergency medical services will be provided should they become necessary. (H) The employer's procedures for contacting emergency medical services, and if necessary, for transporting employees to a point where they can be reached by an emergency medical service provider.

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(I) The employer's procedures for ensuring that, in the event of an emergency, clear and precise directions to the work site can and will be provided as needed to emergency responders. These procedures shall include designating a person to be available to ensure that emergency procedures are invoked when appropriate. (2) Supervisor training. Prior to supervising employees performing work that should reasonably be anticipated to result in exposure to the risk of heat illness effective training on the following topics shall be provided to the supervisor: (A) The information required to be provided by section (h)(1) above. (B) The procedures the supervisor is to follow to implement the applicable provisions in this section. (C) The procedures the supervisor is to follow when an employee exhibits signs or reports symptoms consistent with possible heat illness, including emergency response procedures. (D) How to monitor weather reports and how to respond to hot weather advisories. (i) Heat Illness Prevention Plan. The employer shall establish, implement, and maintain, an effective heat illness prevention plan. The plan shall be in writing in both English and the language understood by the majority of the employees and shall be made available at the worksite to employees and to representatives of the Division upon request. The Heat Illness Prevention Plan may be included as part of the employer's Illness and Injury Prevention Program required by section 3203, and shall, at a minimum, contain: (1) Procedures for the provision of water and access to shade. (2) The high heat procedures referred to in subsection (e). (3) Emergency Response Procedures in accordance with subsection (f). (4) Acclimatization methods and procedures in accordance with subsection (g). Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code. HISTORY 1. New section filed 8-22-2005 as an emergency; operative 8-22-2005 (Register 2005, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-202005 or emergency language will be repealed by operation of law on the following day. 2. New section refiled 12-20-2005 as an emergency; operative 12-20-2005 (Register 2005, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-192006 or emergency language will be repealed by operation of law on the following day. 3. New section refiled 4-19-2006 as an emergency; operative 4-19-2006 (Register 2006, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-172006 or emergency language will be repealed by operation of law on the following day. 4. Certificate of Compliance as to 4-19-2006 order, including amendment of section heading and section, transmitted to OAL 6-16-2006 and filed 7-27-2006 (Register 2006, No. 30).

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5. Amendment filed 10-5-2010; operative 11-4-2010 (Register 2010, No. 41). 6. Amendment filed 4-3-2015; operative 5-1-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 14). Go Back to Article 10 Table of Contents

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COUNTY OF AMADOR POLICIES & PROCEDURES MANUAL SECTION:

4-101

RISK MANAGEMENT

CREATED: April 22, 2016 REVISED & APPROVED: January 23, 2018

HEAT ILLLNESS PREVENTION PROGRAM

PAGE NO: Page 1 of 11

County of Amador Heat Illness Prevention Program Created: April 22, 2016 Revised & Approved: January 23, 2018

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COUNTY OF AMADOR POLICIES & PROCEDURES MANUAL SECTION:

4-101

RISK MANAGEMENT

CREATED: April 22, 2016 REVISED & APPROVED: January 23, 2018

HEAT ILLLNESS PREVENTION PROGRAM

PAGE NO: Page 2 of 11

Table of Contents

Purpose ..................................................................................................................................... 3 Outdoor Work Environments and Conditions ............................................................................. 3 Weather Monitoring .................................................................................................................... 4 Employee Acclimatization .......................................................................................................... 4 Providing Water ......................................................................................................................... 5 Access to Shade ........................................................................................................................ 5 High-Heat Procedures (95° F) .................................................................................................... 7 Emergency Response Procedures ............................................................................................. 7 Supervisor and Employee Training ............................................................................................ 8 Appendix A Heat Illness Employee Training Handout

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COUNTY OF AMADOR POLICIES & PROCEDURES MANUAL SECTION:

4-101

RISK MANAGEMENT

CREATED: April 22, 2016 REVISED & APPROVED: January 23, 2018

HEAT ILLLNESS PREVENTION PROGRAM

PAGE NO: Page 3 of 11

Purpose This program is in place to protect all employees from heat hazards posed by working in the outdoor environment, as required by the Heat Illness Prevention regulation (Title 8 CCR 3395). The County’s program has been updated to reflect the new requirements adopted in 2015. The County is committed to preventing heat-related illnesses that can occur to employees working outdoors by implementing the following key steps: 

Identifying outdoor work environments and conditions



Monitoring weather conditions



Monitoring employee acclimatization for working outdoors in heat



Providing clean drinking water

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Providing adequate shade

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Addressing high-heat procedures

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Handling an ill employee and initiating emergency procedures



Providing supervisor and employee training

Outdoor Work Environments and Conditions The following positions have been identified as working in outdoor environments that could potentially expose employees to illnesses associated with high heat: Public Works Road Crew Construction Workers Inspectors Maintenance Workers

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COUNTY OF AMADOR POLICIES & PROCEDURES MANUAL SECTION:

4-101

RISK MANAGEMENT

CREATED: April 22, 2016 REVISED & APPROVED: January 23, 2018

HEAT ILLLNESS PREVENTION PROGRAM

PAGE NO: Page 4 of 11 Weather Monitoring Weather Forecast When environmental risk factors create the possibility for heat illness, the supervisor will monitor the two-week forecast for the work area. The supervisor will review the forecasted temperature and humidity for the worksite and compare it against the National Weather Service Heat Index to evaluate the risk level for heat illness. It is important to keep in mind that the temperature at which these warnings occur must be lowered as much as 15 degrees if the workers under consideration are in direct sunlight. Weather information will be obtained by www.wunderground.com/us/ca/jackson. Work schedules will be planned in advance, based on the forecast. Modifications will be made accordingly, especially if a heat wave is expected. This monitoring will take place all summer. Weather monitoring prior to workday during times of risk Prior to each workday, the supervisor will be responsible for monitoring the weather using www.wunderground.com/us/ca/jackson or with the aid of a simple thermometer at the worksite. This weather information will be taken into consideration to determine when it will be necessary to make modifications to the work schedule (such as stopping work early, rescheduling the job, working at night or during the cooler hours of the day, increasing the number of water and rest breaks). If schedule modifications are not possible and workers have to work during a heat wave, the supervisor will provide a tailgate meeting to reinforce heat illness prevention with emergency response procedures and review the weather forecast with the workers. In addition, the supervisor will provide workers with an increased number of water and rest breaks. The supervisor will ensure workers stop and take these breaks and closely observe all workers for signs of heat illness. The supervisor will utilize the buddy system to watch for signs of heat illness and ensure emergency procedures are initiated when someone displays signs of heat illness. The supervisor will be responsible for periodically checking the temperature to monitor for sudden increases. Once the temperature exceeds 80° F, access to shade will be made available to employees. Once the temperature equals or exceeds 95° F, additional preventive measures such as the high-heat procedures are implemented. Employee Acclimatization The supervisor will watch for sudden heat waves early in the season or increases in temperatures to which employees are unaccustomed for several weeks or longer. Cal/OSHA defines a heat wave as “any day in which the predicted high temperature will be at least 80°F AND at least 10°F higher than the average daily high in the preceding five days.” When necessary, the workday will be cut short or rescheduled for another day. In addition, during the summer months, the work shift may start earlier in the day or later in the evening to reduce

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COUNTY OF AMADOR POLICIES & PROCEDURES MANUAL SECTION:

4-101

RISK MANAGEMENT

CREATED: April 22, 2016 REVISED & APPROVED: January 23, 2018

HEAT ILLLNESS PREVENTION PROGRAM

PAGE NO: Page 5 of 11 exposure. During any heat wave, we will observe all employees closely (or maintain frequent communication via phone or radio) and watch for possible signs of heat illness. For new employees, the supervisor will try to find ways to lessen the intensity of work during a two-week break-in period. The supervisor will: 

Stay alert to the presence of heat-related symptoms

Assign new employees a buddy or experienced coworker to watch for discomfort or signs of heat illness Providing Water The supervisor will provide access to suitably cool (below ambient but not ice-cold) potable drinking water at the beginning of each work shift so each employee can remain hydrated throughout the workday. The supervisor will encourage employees to drink sufficient amounts of water, at least one quart (4 cups) per hour, when the work environment is hot, and employees are likely to be sweating more than usual in the course of their duties. Water will be placed as close as practical to where employees are working.

When employees do not have access to plumbed or otherwise continuously supplied water, and cannot readily replenish the water during the shift, the supervisor will provide enough water at the start of the shift, in containers that keep the water suitably cool, so each employee has access to one quart of water or more per hour. Access to Shade When the outdoor temperature in the work area exceeds 80° F, one or more areas with shade will be provided and maintained at all times while employees are present. These areas will be either open to the air or provided with ventilation or cooling. Shade will also be provided when an employee specifically requests it, even when the temperature does not exceed 80° F. Employees will be allowed and encouraged to take a cool-down rest in the shade for a period of no less than five minutes anytime they feel the need to protect themselves from overheating. Depending on the worksite, trees or buildings may provide shade. When natural shade is not available, other acceptable means of shade will be provided, such as umbrellas, tents, canopies, etc., to block the sunlight. In these instances, chairs, benches, sheets, towels, or any other items to allow employees to sit and rest without contacting the bare ground will be provided. Shade structure will also be relocated as the work environment or location changes. The amount of shade present for recovery, rest, and meal periods will be enough to accommodate all employees who are on such a break at any point in time. There will be enough room so employees can sit in a normal posture, fully in the shade without having to be in physical contact with each other. The shaded area will be located as close as practicable to the areas where

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Number

COUNTY OF AMADOR POLICIES & PROCEDURES MANUAL SECTION:

4-101

RISK MANAGEMENT

CREATED: April 22, 2016 REVISED & APPROVED: January 23, 2018

HEAT ILLLNESS PREVENTION PROGRAM

PAGE NO: Page 6 of 11 employees are working. Water will be available in the rest area so that employees are encouraged to drink more water. In instances where natural shade is not available, supervisors will: 

Bring sufficient shade structures to the site



Ensure sufficient shade structures are opened and placed as close as practical to the workers



Point out the daily location of the shade structures to the workers, as well as allow and encourage employees to take a five-minute cool-down rest in the shade when they feel the need to do so to protect themselves from overheating



Ensure the shade structures are relocated to follow along with the crew and double-check they are as close as practical to the employees so access to shade is provided at all times

If it is infeasible or unsafe to have shade structures, or to have shade present on a continuous basis, we will provide alternative procedures with equivalent protection. In instances where natural shade such as a tree is available, supervisors will evaluate the thickness and shape of the shaded area in orchards or other areas of vegetation (given the changing angles of the sun during the entire shift), before assuming that sufficient shadow is being cast to protect employees. In situations where it is not safe to provide shade (example winds of more than 40 mph), supervisors will document how the determination was made and identify what steps will be taken if someone requests shade, or will identify other cooling measures with equivalent protection. Cooling measures other than shade may be used if they are as effective as shade in allowing employees to cool. Employees may opt to take a “preventive cool-down rest” in the shade to help the body relieve excess heat. The employee will be monitored during this rest and asked if they are experiencing any symptoms of heat illness. If any signs or symptoms of heat illness are observed or reported, the employee will not be ordered back to work and will be continuously observed until the signs or symptoms have stopped. If employees work in small groups, the supervisor will establish a buddy system for monitoring. If an employee works alone, the supervisor will establish a communication system so the employee can make immediate contact when needed. The importance of prevention is critical. Employees who wait until symptoms appear before seeking shade and recovery are at significant risk of developing heat illness.

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COUNTY OF AMADOR POLICIES & PROCEDURES MANUAL SECTION:

4-101

RISK MANAGEMENT

CREATED: April 22, 2016 REVISED & APPROVED: January 23, 2018

HEAT ILLLNESS PREVENTION PROGRAM

PAGE NO: Page 7 of 11

High-Heat Procedures (95° F) During periods of high heat, when the outdoor temperature equals or exceeds 95° F, it is crucial that employees be monitored for early signs and symptoms of heat illness. Supervisors will be available so employees at the work site can contact them. If a cell phone or two-way radio is used, reception must be validated. Supervisors will remind employees to drink plenty of water throughout the work shift and take rest/recovery breaks when needed. In addition, the supervisor will make sure employees are monitored by implementing one or more of the following: 

Direct supervision and monitoring of employees



Assign a buddy-system where employees are paired up and stay in contact with each other throughout the day and directed to immediately report any signs or symptoms of heat illness to the supervisor



Contact employees who work alone on a frequent basis to ensure the employee is ok.

Emergency Response Procedures When an employee displays possible signs of heat illness (refer to appendix A for a list of heat illness symptoms) a supervisor will: 

Immediately call 911



Move the employee to a cooler/shaded area



Remove excess layers of clothing



Fan and mist the worker with water



Apply ice (ice bags or ice towels)



Provide cool drinking water, if able to drink

A supervisor will remain with the sick employee until emergency help arrives. If the area is remote, the supervisor will have a map along with clear and precise directions (such as streets or road names, distinguishing features, and distances to major roads) of the site to clearly communicate the location to emergency medical services. The supervisor will designate someone to physically go to the nearest road or highway where emergency responders can see them. Prior to assigning a crew to a particular worksite, the supervisor will: 

Provide workers and the foreman a map along with clear and precise directions (such as streets or road names, distinguishing features, and distances to major roads) of the site to avoid a delay of emergency medical services

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COUNTY OF AMADOR POLICIES & PROCEDURES MANUAL SECTION:

4-101

RISK MANAGEMENT

CREATED: April 22, 2016 REVISED & APPROVED: January 23, 2018

HEAT ILLLNESS PREVENTION PROGRAM

PAGE NO: Page 8 of 11 

Ensure a qualified, appropriately trained, and equipped person will be available at the site to render first aid if necessary



Ensure responsibility for calling emergency medical service is assigned to an Englishspeaking worker at the site



Verify all foremen and supervisors carry cell phones or other means of communication to ensure emergency medical services can be called



Ensure all communication devices are functional at the worksite prior to each shift

Supervisor and Employee Training Employees All employees are required to attend a safety training session prior to beginning work that should be reasonably anticipated to result in exposure to the risk of heat illness. The following information will be provided: 

The environmental and personal risk factors for heat illness, as well as the added burden of heat load on the body caused by exertion, clothing, and personal protective equipment



County’s procedures for complying with the requirements of the heat illness prevention regulation



The importance of frequent consumption of small quantities of water



The importance of acclimatization

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The different types of heat illness and the common signs and symptoms of heat illness

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The importance of employees immediately reporting symptoms or signs of heat illness for themselves and co-workers



Specific procedures for responding to possible heat illness, including how emergency medical services will be provided should they become necessary



Specific procedures for contacting emergency medical services and, if necessary, for transporting employees to a point where they can be reached by an emergency medical service provider



Procedures for designating a person to be available to ensure emergency procedures are invoked when appropriate



Specific procedures for ensuring clear and precise directions to the work site will be provided as needed to emergency responders

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COUNTY OF AMADOR POLICIES & PROCEDURES MANUAL SECTION:

4-101

RISK MANAGEMENT

CREATED: April 22, 2016 REVISED & APPROVED: January 23, 2018

HEAT ILLLNESS PREVENTION PROGRAM

PAGE NO: Page 9 of 11 Supervisors In addition to obtaining the training required for employees listed above, supervisors will be trained before performing work that could be reasonably anticipated to result in exposure to heat illness. Training will include: 

All information provided during employee training



Procedures for preventing heat illness, including monitoring weather reports and how to respond to hot weather advisories



Information about how to identify heat illness



Steps to take for emergency response to heat illness

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Number

COUNTY OF AMADOR POLICIES & PROCEDURES MANUAL SECTION:

4-101

RISK MANAGEMENT

CREATED: April 22, 2016 REVISED & APPROVED: January 23, 2018

HEAT ILLLNESS PREVENTION PROGRAM

PAGE NO: Page 10 of 11 Appendix A Heat Illness Employee Training Handout The County has developed a training program to increase employee awareness of the occurrence of exposures to heat illnesses when working outdoors and to motivate employees to protect themselves. Overview of Heat Illness Prevention Regulation The heat illness prevention regulation is intended to ensure both employers and employees understand the dangers associated with working in heat in outdoor workplaces. The following information is a review of the specific requirements of a heat illness prevention program, including water, shade, high-heat procedures, and training. Written Heat Illness Prevention Program The County has a written program that outlines how information on and control exposures that can result in heat illness while performing outdoor work in the heat is provided. This program is available to employees during training or during the work shift from the employees’ supervisor. Work Environment and Conditions in the Workplace County’s written program includes the identification of work that is performed outdoors when the weather is hot. This list is not all-inclusive and when other types of work or conditions are identified, the program and training will be updated. The most important element is to realize that when it is hot outside and employees are working, take precautions to be protected. Water Enough fresh drinking water will be provided so employees have access to at least one quart of water per hour and employees will actively be encouraged to drink it. Refrain from alcoholic beverages or beverages that contain caffeine, such as soft drinks, coffee, and tea. Shade County’s goal is to provide shade so everyone who needs it has access to it to cool off when the weather is hot. If infeasible or unsafe to provide shade, other means to help keep employees cool will be provided. High-Heat Procedures When the outside temperature reaches or exceed 95° F, additional precautions, to the extent they are feasible, will be taken to ensure employee safety and health. This includes good communication, close supervision if employee has not recently worked outdoors in the heat for four or more hours per day, observation, and reminder to drink plenty of water. Training All employees and supervisors who have potential heat exposures receive the same training so everyone understands County policy and procedures for keeping everyone safe when working outdoors. Training addresses how to acclimate to the heat, how much water to drink, the signs and symptoms of heat illness, the importance or reporting symptoms to a supervisor, and how to get help in an emergency.

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Number

COUNTY OF AMADOR POLICIES & PROCEDURES MANUAL SECTION:

4-101

RISK MANAGEMENT

CREATED: April 22, 2016 REVISED & APPROVED: January 23, 2018

HEAT ILLLNESS PREVENTION PROGRAM

PAGE NO: Page 11 of 11 Types of Heat Illness Heat illness is a serious medical condition resulting from the body's inability to cope with a particular heat load and includes heat cramps, heat exhaustion, heat syncope, and heat stroke. Heat Stroke The most life-threatening heat-related illness; heat stroke happens when the body can no longer control its temperature. The body’s temperature rises fast. The body cannot sweat and is unable to cool itself. Warning signs include red, hot, dry skin; very high body temperature; dizziness; nausea; confusion; strange behavior or unconsciousness; rapid pulse or throbbing headache. Heat stroke can cause death or disability if treatment is not given. Heat Exhaustion Heat exhaustion is a milder illness that happens when the body has lost too much water and salt in sweat. Warning signs include heavy sweating, cramps, headache, nausea or vomiting, paleness, tiredness, weakness, dizziness, and fainting. If heat exhaustion is not treated, it can turn into heat stroke. Get medical assistance if the symptoms are severe or if the victim has heart problems or high blood pressure. Heat Syncope Heat syncope is a fainting (syncope) episode or dizziness that usually occurs with prolonged standing or sudden rising from a sitting or lying position. Factors that may contribute to heat syncope include dehydration and lack of acclimatization. Symptoms of heat syncope include light-headedness, dizziness, and fainting. Heat Cramps Heat cramps are muscle pains and spasms due to heavy activity. They usually involve the stomach muscles or the legs. It is generally thought that the loss of water and salt from heavy sweating causes the cramps. If employee has heart problems or are on a low-sodium diet, get medical attention for heat cramps. Heat Rash Heat rash is a skin irritation caused by excessive sweating during hot, humid weather. Symptoms include red cluster of pimples or small blisters. Heat rash is more likely to occur on the neck and upper chest, in the groin, under the breasts, and in elbow creases. Sunburn Sunburn is when skin becomes red, painful, and unusually warm after being in the sun. Sunburn should be avoided because it damages the skin and could lead to more serious illness. Additional training resources are available at http://www.dir.ca.gov/DOSH/HeatIllnessInfo.html.

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