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HomeMy WebLinkAboutCOMMUNITY SERVICE PROGRAM INC. 2 - 2005 iNSURANCt ON FlLt WORK MAY PROCEED UNTIL INSURANCE EXPIRES 10 --I-C'C:; CLERK OF COUNCIL DATE,t1-J.L,-O::; cPt (H$C~ A-200S-0S3 SUB GRANTEE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND COMMUNITY SERVICE PROGRAMS FOR DOMESTIC VIOLENCE VICTIM ADVOCACY PROGRAM FUNDS THIS AGREEMENT is entered into this 2-($1- day of N8..yCk ,20 (>5, between the CITY OF SANTA ANA, a charter city and municipal corporation of the State of California, hereinafter referred to as "CITY", as an entitlement recipient in the State of California Office of Emergency Services and COMMUNITY SERVICE PROGRAMS (CSP), a non-profit California corporation, hereinafter referred to as "SUB GRANTEE" for the expenditure of Domestic Violence Victim Advocacy Program funds. The Domestic Violence Victim Advocacy Program hereinafter referred to as "DVV A" mandates that a SUBGRANTEE agreement be executed prior to the disbursement of DVV A funds. WHEREFORE, in consideration of their mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. PURPOSE The purpose of allocating $55,112 in DVV A grant funds for disbursement to SUB GRANTEE shall be solely for training, field services, and victim/witness follow-up in the area of domestic violence, in accordance with the Memorandum of Understanding between the Santa Ana Police Department and Community Service Programs, Inc. which is incorporated by reference into this AGREEMENT and attached as Exhibit "A". 2. SCOPE OF SERVICES A. SUB GRANTEE hereby agrees to provide services to victims of domestic violence and the Santa Ana Police Department as described in Exhibit "A" attached. B. In conjunction with the services to be provided by SUBGRANTEE, City shall provide: 1. Office space, furniture, telephone and a personal computer for the SUBGRANTEE'S use in the services to be provided to victims of domestic violence. 2. City shall refer all victims of violent crimes committed against women to the SUBGRANTEE. 3. INDEPENDENT CONTRACTOR It is understood and agreed that the SUBGRANTEE is, and shall be, acting all times during the term of this AGREEMENT as an independent contractor and not as 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 SUBGRANTEE performs the services which are the subject matter of the AGREEMENT, provided always, however, that the services to be provided by SUBGRANTEE shall be provided in a manner consistent with all applicable standards and regulations governing such services. SUBGRANTEE shall secure at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for SUB GRANTEE and its officers, agents and employees, and all business licenses, if any, in connection with this AGREEMENT. 4. DISBURSEMENT OF FUNDS Pursuant to the Office of Emergency Services of the State of California, Domestic Violence Victim Advocacy Program grant (DVV A), the CITY has allocated $55,112 for disbursement to CSP, Family Violence Victim Services. A. DVV A funds shall be expended within a time period not exceeding twelve (12) consecutive months following the date of execution of this AGREEMENT. No disbursements shall be made for services completed after July 1, 2005. B. Disbursements shall be made to SUB GRANTEE following the submission of invoices detailing how the disbursement was used. City will provide SUB GRANTEE with a form to document expenses. C. SUB GRANTEE agrees to submit requests for disbursement fifteen (15) days after the end of each calendar quarter during the term of the AGREEMENT. The dates for the requests for disbursement are: I. July 1, 2004 through March 31, 2005 2. April 1, 2005 through June 30, 2005 D. City shall disburse funds based upon the receipt of such invoices within thirty (30) days after receipt thereof, provide CITY is satisfied that such expenses have been incurred within the scope of this AGREEMENT and that SUBGRANTEE is in compliance with the terms and conditions of this AGREEMENT. E. SUB GRANTEE agrees to conduct all activities of the organization, whether funded in whole or in party by DVV A funds from CITY, in accordance with the provisions contained in the Federal Office of Management and Budget ("OMB") Circular A-87 and its attachments, including those for contracts in excess of Ten Thousand Dollars ($10,000.00) and including the provisions relating to audit requirements and resolution of audit findings as provided in Circular A-128. Additionally, if SUB GRANTEE receives $25,000 or more in grant funds, SUB GRANTEE is required to submit an annual report including either a single audit or program audit reports, which evidence an audit was completed in accordance with specific program requirements of the OMB Circular (i.e., A-128 or A-133). Page 2 of 8 F. SUBGRANTEE acknowledges that the CITY shall disburse funds to SUB GRANTEE only upon execution of this AGREEMENT, and CITY is empowered only to provide funds to SUB GRANTEE pursuant to the provisions of this AGREEMENT. G. SUB GRANTEE acknowledges that CITY shall have the right to recapture all or a portion of DVV A funds disbursed to SUB GRANTEE should the SUBGRANTEE fail to comply with all the terms and conditions of this AGREEMENT or refuse to accept any conditions which may subsequently be imposed by the Office of Emergency Services for the operation of the Domestic Violence Victim Advocacy Program. If CITY is required to take legal action to recapture the full amount of funds granted to SUBGRANTEE, SUBGRANTEE agrees to reimburse CITY for attorney's fees and all associated legal fees. H. SUB GRANTEE shall not dispose of any real or personal property acquired in full or in part with DVV A funds through sale, use or relocation without the express and prior written permission of the CITY 1. SUB GRANTEE agrees that any earned interest income on funds generated through the use or investment of funds received from CITY shall be used in conformance with program income requirements set forth in Code of Federal Regulations 570.504. The SUBGRANTEE shall disclose to the CITY all program income received utilizing Office of Emergency Services COES) funds administered under this AGREEMENT. 5. RECORDS SUB GRANTEE agrees to maintain program records for a minimum of three years after the close-out of a sub-grant and to make such records available for onsite monitoring by CITY not less than annually and to periodic inspections by the Office of Emergency Services officials during this three year period. 6. CONFLICT OF INTEREST SUBGRANTEE agrees that no officer, employee, agent, or assignee of CITY having direct or indirect control of DVV A funds granted to the CITY shall serve as an officer of SUB GRANTEE. Further, any conflict or potential conflict of interest of any officer of SUBGRANTEE shall be fully disclosed to the CITY prior to the execution of this AGREEMENT and shall be attached to and become a part hereof. 7. CERTIFICATION OF NONDISCRIMINATION By signing this agreement, SUB GRANTEE certifies that it does not discriminate in hiring or service on the basis or race, color, creed, religion, sex, sexual orientation, age, marital status, national origin, ancestry, physical handicap or medical conditions. 8. NON-ASSIGNMENT OF AGREEMENT Page 3 of 8 A. Inasmuch as this AGREEMENT is intended to secure the specialized services of the SUB GRANTEE, SUB GRANTEE may not assign, transfer, delegate, or sublet any interest therein without the prior written consent of the CITY and any such assignment, transfer, delegation or sublease without the CITY's prior written consent shall be considered null and void. B. Nothing in this AGREEMENT shall be construed to limit the CITY's ability to have any of the services which are the subject of this AGREEMENT performed by CITY personnel or by other SUBGRANTEES retained by the CITY. 9. TERMINATION Any of the parties may cancel this AGREEMENT by giving thirty (30) days written notice of said cancellation to the other party. A. In the event of termination or cancellation for any reason, CITY shall only be responsible to pay for services rendered up to such termination. 10. INDEMNIFICATION SUB GRANTEE hereby agrees to protect, defend, indemnify and hold save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused , including those resulting from death or injury to SUBGRANTEE'S employees and damage to SUBGRANTEE'S property, arising directly or indirectly our of the obligations or operations herein undertaken by SUBGRANTEE, including those arising from the concurrent negligence of CITY, but save and except those which arise out of the sole negligence, or the sole willful misconduct of CITY. SUB GRANTEE will conduct all defense at its sole cost and expense. CITY shall be reimbursed by SUB GRANTEE for all cost or attorney's fees incurred by CITY in enforcing this obligation. II. WORKER'S COMPENSATION A. Pursuant to California Labor Code Section 1861, SUB GRANTEE acknowledges awareness of Labor Code Section 3700 et seq., which requires every employer to be insured against liability for workers' compensation. SUB GRANTEE covenants that it will comply with such provisions prior to commencing performance of the work hereunder. B. SUBGRANTEE shall maintain at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY, workers' compensation insurance in an amount of not less than: I. One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence; Page 4 of 8 2. One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee; and 3. Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. C. SUB GRANTEE shall require all subcontractors to provide such workers' compensation insurance for all the subcontractor's employees. SUB GRANTEE shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and SUB GRANTEE shall similarly require all subcontractors to wai ve subrogation. 12. INSURANCE A. In addition to the workers compensation insurance (paragraph 11) and SUBGRANTEE'S covenant to indemnify CITY (paragraph 10), SUBGRANTEE shall obtain and furnish to CITY, policy of general public liability insurance, including motor vehicle coverage covering services provided under this AGREEMENT. Said policy shall indemnify SUBGRANTEE, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the services provided under this AGREEMENT, and shall provide coverage in not less than the following amount, product/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form, which includes a general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the services provided under this AGREEMENT shall be deemed excess coverage and the SUBGRANTEE'S insurance shall be primary. B. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. C. Prior to commencing performance of the work hereunder, SUB GRANTEE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the forgoing insurance coverages as required by this AGREEMENT. Said certificate shall: I. Provide the name and policy number of each carrier and policy; 2. State that the policy is currently in force; 3. Promise to provide that such policies will not be cancelled or modified without thirty (30) calendar days prior written notice of CITY; 4. State as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." Page 5 of 8 D. SUB GRANTEE shall maintain the foregoing insurance coverages in force until the work under this AGREEMENT is fully completed and accepted by CITY. E. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUB GRANTEE under the AGREEMENT. CITY or its representatives shall at all times have the right to demand the original or a copy of all said policies of insurance. SUB GRANTEE shall pay, in a prompt and timely manner, the premiums on all insurance herein above required. F. A separate copy of the additional insured endorsement to each of SUBGRANTEE'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 13. NOTICE All notices pertaining to this AGREEMENT, and all communications from the parties may be made by delivery and said notices or communications in person or through the U.S. Mail, first class, certified, return receipt requested and addressed as follows: To SUBGRANTEE: To CITY: Community Services Programs, Inc. Victim Assistance Programs 1821 E. Dyer Road, Ste. #200 Santa Ana, CA 92705 Attn: Ronnetta J. Johnson Santa Ana Police Department 60 Civic Center Plaza M-97 P.O. Box 1981 Santa Ana, CA 92702 Attn: Chief Paul M. Walters Written notice is effective five days after mailing to the most current address provided by the parties. Failure by either party to notify the other of a change in mailing address shall not invalidate service by mail to the most current address provided by that party. Personal service of notice is effective upon delivery. 14. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This AGREEMENT supersedes any and all other agreements, either oral or in writing, between parties hereto with respect to employment of SUB GRANTEE by CITY and contains all covenants and agreements between parties with respect to such employment in any manner whatsoever. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBGRANTEE. SUBGRANTEE specifically acknowledges that in entering into and executing this AGREEMENT, SUB GRANTEE relies solely upon the provisions contained in this AGREEMENT and no others. Page 6 of 8 15. VALIDITY If any term, covenant, condition or provision of this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in fully force and effect and shall in no way be affected, impaired or invalidated thereby. 16. LAWS GOVERNING THIS AGREEMENT This AGREEMENT has been executed and delivered in the State of California and the validity, enforce ability and interpretation of any of the clauses of this AGREEMENT shall be determined and governed by the laws of the State of California. All duties and obligation of the parties created hereunder and to be performed in Orange County and 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. 17. SIGNATURES/TIME OF EXECUTION This AGREEMENT shall be void and its terms shall have no force or effect whatsoever if not signed by authorized agents or officers of SUB GRANTEE within thirty (30) days of receipt of this document. It shall be the responsibility of the City to transmit this AGREEMENT and any of the other necessary documentation to SUB GRANTEE and to record the date of receipt thereof. (continued) Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by and through their authorized offices the day, month and year first above written. ATTEST: ~~~~ ~-~ ~ !-(e..I---.-J Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: ~G~fl7~ Joseph W. Fletcher City Attorney Page 8 of 8 CITY OF SANTA ANA, a municipal Corporation of the State of California Mc2-- David N. Ream City Manager SUB GRANTEE Community Service Programs, Inc, a Non-profit California Corporation By: ~ I>~~ Ma~. Carlson Executi ve irector / I~ / Wl" /. ~if// St hen Wilson Director of Finance ~~~~ #~;,--- By: CSP, Inc. OPERATIONAL AGREEMENT This Operational Agreement shall stand as evidence that the esp, Victim Assistance Programs, Family Violence Victim Services and the Santa Ana Police Department intend to work together toward the mutual goal of providing maximum available assistance for victims of domestic violence, stalking and sexual assault in Orange County. Both agencies believe that implementation of the Law Enforcement Specialized Unit as described herein, will further this goal. To this end, each agency agrees to participate in the program, if selected for funding, by coordinating/providing the following services: The Santa Ana Police Department agrees to refer all victims of domestic violence, stalking, and sexual assault to esp, Victim Assistance Programs, Family Violence Victim Services. The esp, Victim Assistance Programs, Family Violence Victim Services agrees to accept referrals from the Santa Ana Police Department and provide assistance to all victims and their families. The Program will support services including but not limited to: crisis intervention, orientation to the criminal justice system, resource and referral counseling, emergency financial assistance, court support and accompaniment, assistance with filing for temporary restraining orders and Victims of Crime Compensation Claims. The esp, Victim Assistance Programs, Family Violence Victim Services further agrees to provide training to the staff of the Santa Ana Police Department relative to victim issues and program services. We, the undersigned, as authorized representatives of the esp, Victim Assistance Programs, Family Violence Victim Services and the Santa Ana Police Department, do hereby approve this document. Ronnetta J. Johnson Director CSP, Inc. Victim Assistance Programs Paul Walters Chief of Police Santa Ana Police Department Date Date EXHIBIT "A" This Operational Agreement is effective July 1,2003 through June 30, 2006. EXHIBIT "A" OPID S COMMU-6 10 01 THIS CERTIFICA ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. X IrORYlIMln3 I IU~~- EL EACH ACCIDENT $ 1000000 E.LDISEASE-EAEMPLOYEE $1000000 c-..------- - - ..-- --- E.L. DlSEASE-POLlCYLlMrr $1000000 1::'l::'(,'1."lL:: CERTIFIC E OF LIABILITY INSU PRODUCER Chapman & Associates License #0522024 P. O. Box 5455 Pasadena CA 91117-0455 Phone:626-405-8031 Fax:626-405-0585 INSURED INSURERS AFFORDING COVERAGE INSURER A: INSURER B: INSURER c: INSURER 0 INSURER E' Alea North America Zns Co Riverport Insurance COIIIpany Community Service Programs,Inc 1821 E. Dyer Road Ste. 200 Santa Ana CA 92705 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PArD CLAIMS LTR NSR ~~1'~IJ~rJI~,w;E "8k~E MMJDD;g,'j"~ POLICY NUMBER TYPE OF INSURANCE GENERAL LIABILITY C--' X 10/01/05 EACH OCCURRENCE PREMISES (Ea o~~~nca) MED EXP (Anyone person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMPfOP AGG Emp Ben. A COMMERCIAL GENERAL LIABILITY I CLAIMS MADE [!] OCCUR X Sexual Abuse r-- - X PROFESSIONAL c=- GEN'L AGGREGATE LIMIT APPLIES PER: II POLICY n ~f8T n LOC ~TOMOBILE LIABILITY X ANY AUTO - - SCHEDULED AUTOS - ~ HIRED AUTOS ~ NON-OWNED AUTOS ;/JtJ1t;; /I'~ PROPERlY DAMAGE (Per accident) RIC0005312 10/01/04 RIC0005312 CONTRACTUAL 10/01/04 LIABILI~Y10/01/04 10/0l/05 10/01/05 A 10/01/05 COMBINED SINGLE LIMIT (Eaaccident) RIC0005312 10/01/04 ALL OWNED AUTOS BODILY INJURY (Per person) BODILY INJURY (Per accident) A GARAGE LIABILITY R ANY AUTO EXCESS/UMBRELLA LIABILITY ~ OCCUR D CLAIMS MADE L-....1 DEDUCTIBLE I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER 07/01/05 AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY REL0005313 10/01/05 EACH OCCURRENCE AGGREGATE 10/01/04 B WC1002724-01 07/01/04 A Employee Dishonest RIC0005312 10/01/04 10/01/05 limit DESCRIPTION OF OPERATIONS J LOCATIONS f VEHICLES J EXCLUSIONS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS City of Santa Ana, its officers and employees are named additional insured and any other insurance shall be deemed excess coverage and named insured1s insurance shall be primary. CERTIFICATE HOLDER CANCELLATION 04 NAIC# LIMITS $ 1000000 $ 100000 $ 5000 $ 1000000 $3000000 $ 1000000 1000000 $ 1000000 $ $ $ EAACC $ AGG $ $ 1000000 $ 1000000 $ $ $ 450,000 Santa Ana Police Department Family Crimes Unit Sgt. Jim Schnabi 60 Civic Center Plaza M-97 Santa Ana CA 92702 SANPOLI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUT ED REPRE ACORD 25 (2001/08) @ACORD CORPORATION 1988 ." ,..... , . . Riverport Insurance Company POLICY NUMBER: RIC0005312 CL-261 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 26 11 85 ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insnrance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL AUTOMOBILE LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON OR ORGANIZATION: City of Santa Ana, it's elected and appointed officials, officers, employees, agents and volunteers are named as additional insureds as respects to the operations of the named insured. Insurance afforded by these policies shall be primary and any insurance maintained by the additional insured shall be non contributory. WHO IS AN INSURED (Section II) is amended to include as an insnred the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. Named Insured: Community Service Programs, Inc. 1821 E. Dyer Road, #200 Santa Ana, CA 92705 Dated: 1 % 1 /04 '. /-._?~,./~., ~) / '- />;'~ -.)--- ) / ,;./ -