HomeMy WebLinkAboutPORTER, NICOLECONSULTANT AGREEMENT
C
THIS AGREEMENT, made and entered into this 15th day of July, 2001 by and between
Nicole Porter, (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of California
(hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
domestic violence services.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform those services as set forth in Exhibit A MEMORANDUM OF
UNDERSTANDING to this Agreement.
Consultant shall have access to a vehicle provided by the City. Access to any vehicle provided
by the City to Consultant shall be conditioned upon approval, after a driving background check,
by City Risk Management Department. Consultant agrees to submit to a driving background
check.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Appendix A. The total SLIM to be expended under this
Agreement, shall not exceed $ 57,605.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, Subject to City accounting procedures. Payment need not
be made for work which falls to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on August
1, 2002, unless terminated earlier in accordance with Section 12, below. The term of this
Agreement may be extended upon a writing executed by the Chief of Police and the City
Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer -employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage
to property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B upon
execution of this Agreement and shall be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement.
7. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any. notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
and,
Chief of Police
City of Santa Ana
60 Civic Center Plaza (M-97)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 245-8001
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant;
Nicole Porter
2328 North Santiago
Santa Ana, CA 92706
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time frames, weekends, federal,
state, County or City holidays shall be excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be government and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and. attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
PAI RICIA E. HEALY
Clerk of the Council
F-111 M W 11,11131 X U MMS K-0 I
JOSEPH W. FLETCHER
City Attorney
By:
Michael Vigliotta
Deputy City Attorney
AfROVE AS NT:
,fk. DAVID N. kEAj
City Manager
CITY OFSANTA ANA
XN\
1 MIGUEL A. PULIDO
�3 Mayor
CONSULTANT
(NAME)
(TlTLE)._,C nr
Employer ID # or Individual SS #
FINANCIAL INFORMATION
Please respond to statements in the space provided. Applicant must use a size 10 font with Times New Roman script. Do not
submit additional pages.
1, Describe how the agency will leverage FEZ funds to provide support for the program services, including public, private,
in -kind, cash, volunteer support and other funding sources.
• In addition, describe how the agency will secure on -going funding and other resources to sustain the program in
years to come without FEZ funding.
The Santa Ana Police Department is leveraging funds as a result of involvement in A.. number of existing
collaborative efforts in the areas of domestic violence and child abuse. By partnering with other agencies, these
collaboratives will be able to maximize their service delivery to community members. The Community Resource
Coalition seeks to further expand preventative, educational, and therapeutic measures to all four (4) Empowerment
Zones. The Coalition will build on existing services and be able to leverage funds in the following ways:
-FaCT Collaborative: located at Corbin Community Center and provides a variety of services to the
community: victim advocacy, job training, ESL classes, parenting classes, PEP classes, individual therapy
-Domestic Violence Grant: existing grant at the Santa Ana Police Department which provides a full-time
victim specialist, full-time police investigator, an enforcement teams, and a victim notification system
-Santa Ana Police Dept.: rental space, telephone service, computers, and office equipment at the Minnie
Street Substation, the Minnie Street Learning Center, the Santa Ana Police Department, a full-time police
officer assigned to the substation
WTLC: Safety Net and Safe Alternatives - temporary emergency shelter programs and follow-up
advocacy for victims of violent crimes; FVERT — advocates who ride along with officers and provide crisis
intervention and referral services
-CSP nc.: local victim/witness centers provide assistance to crime victims, including .assistance in
obtaining temporary restraining orders
The Santa Ana Police Department and other members of the Coalition will continue to seek grant opportunities to
fund various components of this program. Human Options receives funding from individual donations, county
CDBG funds, fees from the PEP classes, and monies from other foundations. Community Service Programs, Inc.
continually seeks grant opportunities at local, state, and federal levels.
2. Describe how this grant will benefit the proposed program (e.g. will increase hours of operation, allow for additional
staff, supplies for programs... etc).
This grant will enable the Santa Ana Police Department and Coalition members to double the services presently
available to FEZ residents. It will provide for a victim specialist stationed in. the community to provide immediate
crisis intervention and referral services which will be easily accessible at the Minnie Street Substation. It will also
improve services to FEZ 'residents by establishing PEP classes within the Empowerment Zones thus enabling
citizens to attend classes in their own communities rather than forcing them to seek services in other areas of the
county. Grant monies will pay community members to provide childcare during the PEP classes.
Central Justice Center's Domestic Violence Court lacks resources to conduct any follow up monitoring of current
defendants and probationers. This grant will ensure compliance with court orders and conditions of probation
thereby increasing the safety and security of family members. Successful completion of programs ordered by
Domestic Violence Court will give families a much better chance to remain intact and thereby reducing the overall
economic impact of these crimes.
EXHIBIT A
Appendix A
Program Year 2000-01 Budget -- Current Year
Description of
Expenditures
Total
FEZ
Other
Salaries, Benefits and
Contract Services:
• A;
Police Lieutenant, investigations
10% of time
13,185
0
13,185
Police Sergeant, Domestic.Violence
30% of time
34,170
0
34,170
Human Options Program Supervisor
20% of time
8,200
0
8,200
Human Options Clinical Supervisor
25% of time
4,550
0
4,550
CSP Program Director
20% of time
8,674
0
8,674
CSP (Corbin Ctr) Victim Specialist
40,134
0
40,134
CSP (Corbin Ctr) Victim Specialist
40,134
0
40,134
CSP (SAPD) Victim Specialist
30% of time
13,378
0
13,378
CSP Support Staff
20% of time
6,720
0
6,720
SAPD Investigator (PIS)
54,737
0
54,737
SAPD Officer @ Substation
96,145
0
96,145
FVEItT Police Officer
55% of time
52,880
0
: 52,$80
PEP classes @ Corbin Center
50% oftime
14,500
0
14,500
Other
Training & Materials
2,092
0
2092
Office Supplies & meat
1000
0
1000
Leased vehicle
7,300
0
: 7 300
Audit
1,250
0
1 250
Total
$399 049
$0
$399 049
Revenues:
Santa Ana FEZ
0
Santa Ana Police Department
$196 380
d .
CSP Inc. `
$95 662
Human Lions
$27 250
Domestic Violence Grant
$79 757
Total FY Revenue
$399,049
Appendix B
Program Year 2001-2002 Proposed Budget
The following illustrates the amount of time each staff -member will devote to the proposed program with respect to the
amount of time each staff -member works at the Center:
(1) Executive Director (Lt. Nick) works 40 hrs/wk at SAPD of which 4 hrs/wk will be spent on the proposed
program. (0% of salary from program)
(2) Grant Manager (Sgt. Archer) works 40hrs/wk at SAPD of which 12 hrs/wk will be spent on the proposed
program. (0% of salary from program)
(3) Community Resource Coordinator will work 40 hrs/wk all of which will be spent on the proposed program.
(100% of salary from program)
(4) Human Options Program Supervisor works 40 hrs/wk at the main office of which 20 hrs/wk will be spent
providing leadership, support, coordination. and supervision to the program. (50% of salary from program)
(5) Human Options Clinical Supervisor works 10 hrs/wk at the main office of which 2-'/2, hrs/wk will be given.
directly for the program providing clinical supervision to the Bilingual Counselor and the Peer Counselor.
(25% of salary from program)
(6) Human Options Bilingual Counselor will work 40 hrs/wk at the Minnie Street Substation all of which will be
spent on the .proposed program. (100% of salary from program)
(7) Human Options Peer Counselor will work 20 hrs/wk at the Minnie Street Substation all of which will be spent
on the proposed program (100% of salary from program)
(8) Human Options Administrative Assistant works 20 hrs/wk at the main office of which 10 hrs/wk will'be spent
doing data entry and clerical work directly for the program. (50% of salary from the program)
(9) Two (2) Human Options Child Care Providers will each work 10 hrslwk all of which will be spent on the
proposed program. (100% of salary from program)
(10) Two (2) Human Options counselors at Corbin Center each work 10 hrs/wk all of which will be spent providing
direct services for the proposed program. (0% of salary from program)
(11)CSP, Inc. Program Director works 40 hrs/wk at the main office of which 8 hrs/wk will be spent providing
leadership, support, coordination and supervision to the program. (20% of salary from the program)
(12) CSP, Inc. Victim Specialist will work 40 hrs/wk at the Minnie Street Substation all of which will.be spent on the
proposed program. (100% of salary from program)
(13) CSP, Inc. Victim Specialist will work 40 hrs/wk at SAPD all of which will be spent on the proposed program.
(100% of salary from program)
(14)Two (2) CSP, Inc. Victim Specialists at Corbin Center each work 40 hrs/wk providing direct services for the
proposed program. (0% of salary from program)
(15) CSP, Inc. Victim Specialist handling domestic violence cases at SAPD works 40 hrs/wk of which 12 hrs/wk are
spent on the proposed program. (0% of Salary from program)
(16) CSP, Inc. support staff works 40 hrs/wk at the main office of which 8 hrs/wk will be spent doing data entry and
clerical work directly for the program (20% of salary from program)
(17) SAPD Investigator works 40 hrs/wk at SAPD all of which will be directed towards the .proposed program. (0% of
salary from program)
(18) SAPD Officer at the Minnie Street Substation works 40 hrs/wk all of which will be directed towards the
proposed program. (0% of salary from program)
(19) Four (4) SAPD Officers will conduct the home visits and each work 4 hrs/wk providing direct service to the
proposed program (100% salary from program) ';VW7- = .
(20) Family Violence Emergency Response Team (EVERT) Officer works 22 hrs/wk providing direct services for
the proposed program. (0% of salary from program)
__ EXHIBIT
Appendix B Continued
Program Year 2001-2002 Proposed Budget
Description of
Expenditures
Total
% Funded
by FEZ
FEZ
Other
Salaries:
FTE
Exec. Director .10
13 1g5
0
0
13,185
Grant Manager .30
34,170
0
0
34,170
Comm. Resource Coordinator 1.00
57,605
100%
57.605
0
Human Options PM Su ervisor .50
20,500
100%
20,500
0
Human Options Clinical Super -visor .25
4,550
100%
4,550
0
Bilingual Therapist 1.00
38,600
100%
38,600
.0
Peer Counselor .50
15,100
100%
15,100
0
Admin. Assistant .50
6,250
100%
6,250
0
Child Care Provider .25
5,200
100%
5,200
0
Child Care Provider .25
5,200
100%
5,200
0
CSP Program Director .20
8.674
100%
8,674
0
CSP Victim Specialist 1.00
40 134
100%
40,134
0
CSP Victim Specialist I.00
41,270
100%
41,270
0
CSP (Corbin Ctr) Victim Spec. 1.00
40,134
0
0
40,134
CSP (Corbin Ctr) Victim Spec.
1.00
40,134
0
0
40,134
CSP (SAPD) Victim Spec.
.30
11,346
0
0
11,346
CSP Support Staff .20
6,720
100%
6,720
0
SAPD Investigator 1.00
96,145
0
0
96,145
SAPD Officer @ Substation 1.00
96,145
0
0
96,145
SAPD Officers for home visits .40
38,458
100%
38,458
0
FVERT Police Officer .55
52,880
0
0
52,880
PEP classes @ Corbin Center .50
14,500
0
0
14,500
Other
Training & Materials
5,000
10011/0
5,000
0
Office SHpplics. & Equipment
8,300
1000/0
8,300
0
Leased vehicle
7,000
100%
7,009
0
Audit
2,800
100%
2,800
0
Program Development
3,000
100%
3,000
0
Total
$713 000
":'"'`` 44%
$314 61
$398 639
Revenues:
Santa Ana FEZ
$314 361
Santa Ana Police DSpartment
$292 525
CSP Inc.
$91 614
Human Options
$14,500
Total FY Revenue
S713,000
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EXHIBIT
MEMORANDUM OF UNDERSTANDING
This Operational Agreement shall stand as evidence that the Santa Ana Police
Department, Community Service Programs, Inc,, and Human Options intend to work
together toward the mutual goal of combating violence against women and children by
providing maximum available assistance of victims of sexual assault, domestic violence,
child abuse, stalking, and elder abuse in the City of Santa Ana Empowerment Zones.
These agencies believe that the implementation of the Community Resource Coalition,
described herein, will further this goal. To this end, each agency agrees to participate in
the program by coordinating and providing the following services:
CSP, Inc., Family Violence Victim Services will coordinate the following services for
the Community Resource Coalition:
A. Two (2) Family Violence Victim Specialists will provide services to women and
children impacted by violence Monday — Friday, 8 a.m. — 5 p.m. One Specialist
will be on -site in the Santa Ana Police Department to provide services to victims
of child abuse and sexual assault. This Specialist will make contact with the
victim within 24 hours of the referral by the investigating officer, providing
assistance and appropriate follow-up support services. The other Specialist will
be on -site in the Minnie Street Substation to provide immediate assistance,
advocacy, and victim referral services. Services include but are not limited to:
Crisis .Intervention:
Response to a crime victim's immediate emotional
and/or physical needs.
Follow-up Counseling:
Telephone and in person support counseling
services.
Emergency Services:
Providing for the immediate needs of the victim,
including food, clothing, lodging, transportation or
financial assistance.
Court Related Services:
Assisting the victim participating in the judicial
process, including court support and
accompaniment.
Support Services:
Advocacy on behalf of the victim: i.e., filing crime
victim compensation claims, intervention with
employers and/or creditors, case information and
disposition, translation services. ' -4, .:"�.
Protective Orders:
Assistance in the preparation of Temporary
Restraining Orders, including custody orders.
Resource/Referral:
Referrals to community resources appropriate to the
client's needs: i.e., long-term counseling, shelter
care, on -site P.E.P. groups, men's support group.
B. The Family Violence Victim Specialists will maintain contact with the
investigating officer on assigned cases to ensure that the victim received all
services necessary to encourage continued cooperation in the investigation and
subsequent prosecution.
C. The Family Violence Victim Specialists will be available to victims and/or law
enforcement to assist in follow-up contacts between law enforcement and the
victim including, but not limited to, interviews with investigators, identification
line-ups, and coordination of court appearances.
D. The Family Violence Victim Specialists will be available to provide referrals and
assistance to community members seeking information on preventative and
educational tools in regards to domestic violence, sexual assaults, domestic
violence, parenting and anger management.
E. The CSP Domestic Violence Assistance Program will provide legal advocacy,
support services, and training in the application and enforcement of Temporary
Restraining Orders (TRO) and restraining orders issued under the Domestic
Violence Prevention Act and the Family Law Act.
F. The CSP Family Violence Victim Services Elder Abuse Specialist will accept
referrals from this coalition to provide direct services to victims of elder abuse.
The Santa Ana Police Department will coordinate and provide the following services
in the Community Resource Coalition:
A. The Santa Ana Police Department will provide a Community Resource
Coordinator to provide the following services:
-Coordinate victim advocacy services for victims of domestic violence,
Child abuse, sexual assault, elder abuse, stalking and other assault cases.
Coordinate the Family Violence Emergency Response Team (FVERT)
-Coordinate the Safe AIternatives Program
-Develop and implement training for sworn officers, advocates, and
volunteers
-Develop a liaison with city, county, and state victim service agencies to
coordinate service delivery to crime victims
-Responsible for compiling and reporting monthly statistic reports of
services provided to victims of violent crimes
B. The Santa Ana Police Department will provide office space, furniture and
telephones at the Minnie Street Substation for the CSP Family Violence Victim
Specialist, Human Options' full-time therapist, and the Human Options part-time
Peer Counselor.
C. The Santa Ana Police Department will refer all victims of violent crimes
committed against women to the appropriate CSP Family Violence Victim
Specialist immediately following the crime incident.
D. The Santa Ana Police Department will conduct bi-weekly home visits of
Empowerment Zone residents identified by the Domestic Violence Court to be at
risk for non-compliance with court orders.
E. The Santa Ana Police Department will provide enhanced training on domestic
violence, child abuse, and sexual assault to sworn officers.
F. The Santa Ana Police Department will actively seek and train volunteers to
increase the size of the FVERT.
Human Options will coordinate and provide the following services in the
Community Resource Coalition:
A. Human Options will provide a full-time, master's level Spanish speaking therapist
to work at the Minnie Street Substation. The therapist will teach three Personal
Empowerment Programs (PEP) per week and provide adult, child and family
therapy as needed.
B. Human Options will provide a part-time Spanish speaking Peer Counselor to lead
one children's group per week, The Peer Counselor will also train and provide
childcare workers during group times.
C. Human Options will supply information about countywide domestic violence
services including 24-hour hotline counseling, emergency shelter and walk-in
legal and counseling services.
15 C _0
Paul M. Walters, Chief of Police Date
Santa Ana Police Department
Susan Perdue, Program Director
Community Service Programs, Inc.
Cindy Copbell,Prc6lm Director
Human Options
Date
D to
SCHEDULE FOR VACATION/HOLIDAY/SICK LEAVE
I. VACATION
Consultant shall be entitled to three (3) weeks of paid vacation during the
period of this contract. Said vacation times will be calendared as approved
by the Grant Manager.
II. SICK LEAVE
Consultant shall be entitled to ninety-six (96) hours of paid sick leave during
the period of this contract.
III. HOLIDAYS
In addition, Consultant shall be entitled to the following paid holidays:
September 3 — Labor Day
November 12 — Veteran's Day
November 22 --- Thanksgiving Day
November 23 — Friday following Thanksgiving Day
December 24 — Last working day before Christmas
December 25 — Christmas Day
January 1 — New Years' Day
January 14 — Martin Luther King Day
February 11 — Abraham Lincoln's Birthday
February 18 — George Washington's Birthday
May 27 — Memorial Day
July 4 — Independence Day
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy #
Issued to
this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations' '
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana; 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy # _
Issued to
this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
c)
INSURANCE ON F11 1��
WORK MAY PROGEEC)
UNTH, MSU7ANCE EXPIRES
1"Oo
EE —5; 11 K 61-- 5HREE . . ..... —,—AMENDMENT TO CONSULTANT AGREEMENT
DATE -
THIS AMENDMENT TO AGREEMENT made and entered into this 1--� day of
"'ITI-1 L*_ 2002, by and between the City of Santa Ana, a charter city and
municipal corporation of the State of California ("City") and Nicole Maiocco ("Consultant").
RECII'ALS:
A. City and Consultant entered into a Consultant Agreement, dated July 15, 2001 by
which Consultant agreed to provide domestic violence counseling services (said
"Agreement")
B. Since the date of said Agreement, Consultant has changed her name from Nicole
Porter to Nicole Maiocco.
C. The parties desire to extend the term of said Agreement to December 31, 2002.
WHEREFORE, in consideration of their mutual and respective promises, and subject to
the terms and conditions of the Agreement as hereby amended, the parties hereby agree as
follows:
1. Section 3 of the Agreement is hereby amended to read as follows:
"This Agreement shall commence on July 15, 2001 and terminate on December 31, 2002,
unless terminated earlier in accordance with section 12, below. The terms of this
Agreement may be extended upon a writing executed by the Chief of Police and the City
Attorney."
Page 1 of 2
2. Except as hereinabove modified, the terms and conditions of the Agreement
remain in Bill force and effect,
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
Agreement the date and year first above written,
CITY OF SANTA ANA
PAUL M. WALTERS
Chief of Police
APPROVED AS TO FORM
JOSEPH W. FLETCHER
City Attorney
0 C7 1'6
Laura Sheedy
Assistant City Attomey
Davi N. Ream, City Manager
CONSULTANT
NPCOWLEMAIC�)C 0
ATT-E-S
Patricia E. Healy, Clerk of Council
Page 2 of 2
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
J U LY 16, 2001
CALL TO ORDER POLICE COMMUNITY ROOM
60 CIVIC CENTER PLAZA
6:45 P.M.
COUNCILMEMBERS present:
PATRICIA A. McGUIGAN, Mayor Pro Tern
CLAUDIA ALVAREZ
LISA BIST
ALBERTA CHRISTY
BRETT FRANKLIN
JOSE SOLORIO
Absent:
MIGUEL A. PULIDO, MAYOR
STAFF present:
DAVE N. REAM, City Manager
JOSEPH W. FLETCHER, City Attorney
PATRICIA E. HEALY, Clerk of the Council
CONSENT CALENDAR
Motion: Approve staff recommendations on the following Consent Calendar
items.
MOTION: Alvarez SECOND: Franklin
VOTE: AYES: Alvarez, Bist, Christy, Franklin, McGuigan,
Solorio (6)
NOES: None (0)
ABSENT: Pulido (1)
25.H. AGMT NO. 2001-162 - COMMUNITY RESOURCE COALITION IN THE
EMPOWERMENT ZONE - With The Santa Ana Empowerment
Corporation for funding in the amount of $314,361.00 for services
provided through the Community Resource Coalition - Community
Development Agency
CITY COUNCIL MINUTES 267 JULY 16, 2001
WORK MAY PROCEED
CLERK OfCOUNCIL
DATE-I-q-,02- SECOND AMENDMENT TO CONSULTANT AGREEMENT
6W
THIS SECOND AMENDMENT TO AGREEMENT made and entered into this
day of 2002, by and between the City of Santa Ana,
a charter city and municipal corporation of the State of California ("City") and Nicole
Maiocco ("Consultant").
A. City and Consultant entered into a Consultant Agreement, dated July 15,
2001 by which Consultant agreed to provide domestic violence counseling
services (said "Agreement"),
B. The term of said Agreement was extended to December 31, 2002.
C. The parties desire to set an hourly rate of compensation for services and to
increase the total compensation to pay for services during the extended
term.
WHEREFORE, in consideration of their mutual and respective promises, and
subject to the terms and conditions of said Agreement as hereby amended, the parties
hereby agree as follows:
1. Section 2 a., COMPENSATION, of said Agreement is hereby amended to
read as follows:
"City agrees to pay, and Consultant agrees to accept as total payment for its
services, $37.00 per hour. The total sum to be expended from August 1, 2002
through December 31, 2002 shall not exceed $2,500.00. The total sum to be
Page 1 of 2
expended under this Agreement, shall not exceed $ 60,105.00 during the term of
this Agreement."
2. Except as hereinabove modified, the terms and conditions of the
Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
Agreement the date and year first above written.
ATTEST:
w.
PATRICIA E. HEALY
Clerk of the Council
FTIT2040- �*�IIIIIMII�
JOSEPH W. FLETCHER
City Attorney
Laura Sheedy
Assistant City Attorney
APPROVED AS TO CONTENT
PAUL M. WALTERS
Chief of Police
2 XW1 2r • . r �11 I 1�1111
CITY OF SANTA ANA
DAVID N. REAM
City Manager
CONSULTANT
NICOLE MAIOCCO
Page 2 of 2
-0101,
THIRD AMENDMENT TO AGREEMENT a3
THIS THIRD AMENDMENT TO AGREEMENT made and entered into this 31.g-
day of December, 2002, by and between the City of Santa Ana, a charter city and
municipal corporation of the State of California ("City") and Nicole Maiocco
("Consultant")
RECITALS:
A. City and Consultant entered into a Consultant Agreement, dated July 15,
2001 by which Consultant agreed to provide domestic violence counseling
services (said "Agreement").
B. The parties desire to extend the Agreement for an additional one year,
through December 31, 2003, and to add compensation to pay for services
during the extended period,
WHEREFORE, in consideration of their mutual and respective promises, and
subject to the terms and conditions of said Agreement as hereby amended, the parties
hereby agree as follows:
1. Section 2 a., COMPENSATION, of said Agreement is hereby amended to read:
"City agrees to pay, and Consultant agrees to accept as total payment for its
services, $37.00 per hour. The total sum to be expended from January 1, 2003
through December 31, 2003 shall not exceed $2,500.00. "
2. Section 3, TERM, of said Agreement, is hereby amended to read:
iNSURANGE ON FILE
Page I of 2 VvORK MAY PROCEED
ani- W;URANGE. UNRES
CLERK OF COUNG' -
W'& 2�-,�3
41
i)o (
"This Agreement shall commence on July 15, 2001 and terminate on
December 31, 2003, unless terminated earlier in accordance with Section
12, below. The term of this Agreement may be extended upon a writing
executed by the Chief of Police and the City Attorney."
3. Except as hereinabove modified, the terms and conditions of the Agreement
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Third
Amendment to Agreement the date and year first above written.
ATTEST:
PATRICIA E. HEALY
:Y
Clerk of the Council
JOSEPH W. FLETCHER
City Attorney
I/
Laura She6dy
Assistant City Attorney
APPROVED AS TO CONTENT
PAUL M. WALTERS
Chief of Police
CITY OF SANTA ANA
DAVID N. REAM
City Manager
CONSULTANT
1-1 du—mh -
NICOLE MAIOCCO
Page 2 of 2