HomeMy WebLinkAbout25G - AGMT - AMEND SAFE CITIESREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 5, 2019
TITLE:
APPROVE AMENDMENT TO THE
MEMORANDUM OF
UNDERSTANDING WITH THE VERA
INSTITUTE OF JUSTICE FOR THE
SAFE CITIES NETWORK AND
AMENDMENT TO THE AGREEMENT
WITH IMMIGRANT DEFENDERS LAW
CENTER FOR IMMIGRATION LEGAL
DEFENSE SERVICES
CLERK OF COUNCIL USE ONLY:
APPROVED
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As Recommended
❑
As Amended
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Ordinance on 111 Reading
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Ordinance on 2ntl Reading
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Implementing Resolution
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Set Public Hearing For
CONTINUED TO
/s/ Kristine Ridge FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
1. Amend the Memorandum of Understanding between the Vera Institute of Justice and the
City of Santa Ana, related to the City's participation in the SAFE Cities Network, to extend
the term for an additional one year through October 31, 2020, subject to non -substantive
changes approved by the City Manager and the City Attorney.
2. Amend the agreement with Immigrant Defenders Law Center to provide immigration legal
defense services to Santa Ana residents, in the amount of $6,667 a month and extend the
agreement term for an additional one year through October 31, 2020, subject to non -
substantive changes approved by the City Manager and City Attorney.
BACKGROUND
The Vera Institute of Justice (Vera) is an independent, non-profit national research and policy
organization whose goal is to "[work] with governments to build and improve justice systems that
ensure fairness, promote safety, and strengthen communities." The Safety and Fairness for
Everyone (SAFE) Cities Network is an initiative that provides catalyst grant funding for trained
legal service providers to represent immigrants facing deportation, or removal proceedings.
Immigrant Defenders Law Center (ImmDef) is a legal service provider with offices located in Los
Angeles and Santa Ana that provides removal defense services. ImmDef was selected by the
City of Santa Ana in September of 2017, following an RFP process, as the preferred legal service
provider due to their extensive experience in providing immigration legal defense using the
universal representation model. Universal legal representation refers to a removal defense
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Amend MOU with Vera Institute of Justice; Amend Agreement with ImmDef Law Center
November 5, 2019
Page 2
model that does not prohibit services to any categories of immigrants in removal proceedings
other than those based on income requirements. The only criteria ImmDef will use to screen
clients for Santa Ana's universal legal representation program is an income eligibility requirement
of 200% or below of the federal poverty guidelines, and a Santa Ana residency requirement.
DISCUSSION
On October 17, 2017, the City Council approved a Memorandum of Understanding (MOU) with
Vera's SAFE Cities Network (VERA) for grant funding eligibility for removal defense services,
technical assistance and training, and data collection and research support. At the same
meeting, the City Council also approved an agreement with ImmDef to serve as the City's legal
service provider (LSP) for the implementation of a universal legal representation pilot program.
The pilot program was funded via $65,000 in City funds appropriated by the City Council solely
for Santa Ana residents and $100,000 in Vera one-time grant funds for detained removal
defense. Vera's grant funds prioritize Santa Ana residents, however may also be used to support
removal defense for Orange County residents if additional capacity exists.
ImmDef's Santa Ana universal legal representation program opened its Santa Ana office adjacent
to the Legal Aid Society of Orange County at 2121 N. Tustin Avenue and became fully staffed
and operational in March 2018. Since becoming operational, ImmDef has initiated representation
of 44 Santa Ana residents in removal proceedings. Eleven (11) cases have closed, which
includes three (3) Santa Ana residents who obtained relief from removal. The other 33 cases
remain pending on both the detained and non -detained dockets.
ImmDef's clients represent a wide cross-section of Santa Ana residents, including single
mothers, fathers, homeless individuals, youth, the elderly and victims of domestic violence.
Client examples include a long-time Santa Ana resident single mother fleeing domestic violence,
a father of 6 U.S. citizen children, and a young man fleeing his abusive father in his home
country. The universal representation model allows ImmDef to provide full -scope removal
defense assistance to individuals, regardless of the immigration relief available. Whereas most
traditional legal service programs identify eligibility for representation through screening for viable
immigration relief, ImmDefs model ensures each client, regardless of potential relief, is given an
opportunity to be heard. ImmDef works closely with community -based organizations such as
Building Healthy Communities, legal service providers, and other immigration advocates to
ensure that the Santa Ana community is made aware of its legal services. Additionally the City of
Santa Ana has launched a universal legal representation webpage to inform the community of
our partnership with ImmDef, to help bring awareness of the program, and to share progress
updates and data collected by Vera.
On October 16, 2018, the City Council approved an amendment to the MOU with Vera for an
additional year through October 31, 2019. At that same meeting, the City Council also approved
an amendment to ImmDef's agreement to provide an additional $80,000 for immigration legal
defense services to Santa Ana residents.
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Amend MOU with Vera Institute of Justice; Amend Agreement with ImmDef Law Center
November 5, 2019
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As part of the 2019-20 Budget adoption process, the City Council majority approved an additional
$200,000 to continue universal legal representation efforts. Given the substantial increase in
funding for universal representation services, staff is proposed to issue a new Request for
Proposals (RFP). Staff has been working closely with VERA to prepare the RFP and VERA will
be issuing the RFP on the City's behalf, following the same model that was done in 2017. As
such, staff is recommending that the MOU with Vera be extended for an additional one-year
period in order to continue receiving technical assistance and training, data collection and
research support through October 31, 2020.
The RFP process will take a few months to complete. In order to avoid an interruption in
providing these services to Santa Ana residents staff is also recommending to extend the
agreement with ImmDef for an additional 12 months, or until the RFP process has been
completed and a new provider has been selected. Staff is proposing to continue to fund ImmDef
at the same level as FY 18-19, which equates to $6,667 a month or providing services to
approximately 1.4 clients per month. ImmDef anticipates the case cost to remain at $4,125 to
$4,722, which is identical to the case cost during the previous funding period. The actual number
of Santa Ana residents served will depend on many factors such as: the number of individuals
who have no relief available to them or who seek voluntary departure, the number of individuals
whose cases proceed to a trial (merits hearing) while detained versus clients released on bond,
and the level of cooperation from the Executive Office for Immigration Review or U.S.
Immigration and Customs Enforcement in assisting with client accessibility and case calendaring.
FISCAL IMPACT
Funds in the amount of $80,004 are available for expenditure in FY 2019-20 in the City
Manager's Office - Contract Services -Professional account (no. 01105015-62300).
APPROVED AS TO FUNDS AND ACCOUNTS:
Kathryn Downs, CPA
Executive Director
Finance and Management Services Agency
Exhibits: 1. Second Amendment to the Vera Institute Memorandum of Understanding
2. Second Amendment to the Immigrant Defenders Law Center Agreement
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SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING
WITH THE VERA INSTITUTE OF JUSTICE FOR SAFE CITIES NETWORK
THIS SECOND AMENDMENT to the above -referenced agreement is entered into on
November 5, 2019, by and between the Vera Institute of Justice ("Vera"), and the City of Santa
Ana, a charter city and municipal corporation organized and existing under the Constitution and
laws of the State of California ("City").
RECITALS
A. The parties entered into Memorandum of Understanding No. A-2017-286, effective October
17, 2017, by which Vera agreed to support the City of Santa Ana in establishing a program
of publicly funded legal services for removal defense ("MOU").
B. By the MOU, Santa Ana became a participant in Vera's Project entitled "The SAFE Cities
Network," a diverse group of local jurisdictions around the country committed to due process
and providing legal representation to immigrants facing deportation and keeping communities
strong and safe. The MOU memorializes the agreed -upon principles for the Project and the
contributions of both Vera and the City.
C. On October 16, 2018, the parties entered into a First Amendment of the MOU, No. A-2018-
249, whereby they agreed to extend the term of the MOU until October 31, 2019.
C. The parties now wish to amend the MOU by extending the term of the MOU for an additional
one year until October 31, 2020.
The Parties therefore agree:
1. Section 1, Mutual Understandings and Commitments, is amended to extend the term of the
MOU through October 31, 2020.
2. Except as modified by this Second Amendment, all terms and conditions of the MOU, as
amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the MOU
on the date and year first written above.
ATTEST
DAISY GOMEZ, CMC
Clerk of the Council
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
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APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By: &,,� 'k - �WA - L1
LAURA A. ROSSINI
Senior Assistant City Attorney
VERA INSTITUTE OF JUSTICE
Name:
Title:
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SECOND AMENDMENT TO GRANT FUNDING AGREEMENT FOR LEGAL
SERVICES
THIS SECOND AMENDMENT to the above -referenced agreement is entered into on
November 5, 2019, by and between Immigrant Defenders Law Center ("Grantee"), and the City
of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California ("City").
RECITALS
A. The parties entered into Grant Funding Agreement for Legal Services No. A-2017-287,
effective November 1, 2017, by which the City provided funding to Grantee for the
provision of removal (deportation) defense services that contribute to the protection of
families of Santa Ana immigrant populations ("Agreement").
B. The Agreement was amended by the parties on October 16, 2018. Pursuant to the First
Amendment, the term of the Agreement was extended through October 31, 2019 and
additional funding of $85,000 was allocated for services pursuant to this Agreement.
C. The Agreement remains in effect through October 31, 2019, and the City wishes to provide
additional funding to Grantee for the continuation of such services through October 31, 2020
and include a provision for termination of services with thirty (30) days' notice to Grantee.
D. The parties now wish to amend the Agreement accordingly.
The Parties therefore agree:
1. Section 1, Program of Legal Services, the scope of services to be provided by Grantee as
described in Exhibit A to the First Amendment to the Grant Funding Agreement for Legal
Services remains the same as to the proposed program model and the type of legal services
provided pursuant to the funding.
2. Section 2, Term of Agreement, is amended to extend the term of the Agreement through
October 31, 2020.
3. Section 3, Use of Grant Award; Payment, is amended to include additional funding in the
amount of $6,667 per month for a total not to exceed amount of $80,004 from November 1,
2019 to October 31, 2020.
4. Section 12, Suspension or Termination, is amended to include a provision that this
Agreement may be terminated by City with thirty (30) days' written notice to Grantee.
5. Except as modified by this Second Amendment, all terms and conditions of the Agreement
shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the
Agreement on the date and year first written above.
ATTEST
DAISY GOMEZ, CMC
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By: A j`u YY�Y�L
LAURA A. ROSSINI
Senior Assistant City Attorney
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
IMMIGRANT DEFENDERS LAW
CENTER
Name:
Title:
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