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HomeMy WebLinkAbout20B - AA ENFORCEMENT TEAM GRANTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 2,2008 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING SANTA ANA'S FOCUSED ENFORCEMENT TEAM GRANT FUNDING ~~. ~ ~~~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve an Appropriation Adjustment accepting State of California Office of Emergency Services Grant (OES) funds in the amount of $95,701 in the Contractual Services account and transferring the required matching funds of $31,900 from the Police Department Crimes Against Persons Other Contractual Services Account to appropriate a total amount of $127,601 into the FY 2008 Santa Ana's Focused Enforcement Team Grant expenditure accounts. 2. Adopt a resolution authorizing the City Manager and the Chief of Police to execute a grant award agreement with the State of California Office of Emergency Services for $95,701. 3. Authorize the City Manager and the Clerk of the Council to execute the attached agreement with Community Services Program Inc., Family Violence Victim Services, to operate a domestic violence victim advocacy program for a one-year term in an amount not to exceed $62,946. DISCUSSION The State of California Office of Emergency Services (OES) has awarded the Police Department grant funding in the amount of $95,701 for the Santa Ana's Focused Enforcement Team (SAFE-Team) project. This fifth year funding provides for the assignment of an additional domestic violence investigator and a full-time victim advocate to handle cases of domestic violence, sexual assault, and stalking. The Police Department works in a collaborative effort with Community Services Program, Inc. to provide additional personnel to work with victims of domestic violence and violence against women in general. The grant will continue to fund the Victim Information and Notification Everyday (VINE) system, which is located in the Police Department Jail facility. The VINE system allows the victims of domestic violence to call the jail and receive information ~~ to release or status. SAFE-Team Grant June 2, 2008 Page 2 The funding provides for training of law enforcement personnel in domestic violence. A portion of the grant funds will be used to maintain police apprehension and suppression teams for domestic violence offenders on an overtime basis. The grant requires a match of twenty-five percent of the total project amount. FISCAL IMPACT Approval of the appropriation adjustment will increase the OES SAFE-Team Grant FY 2008 revenue account (no. 155-01-5367-5) by $95,701, transfer $31,900 from the Police Department Crimes Against Persons Other Contractual Services account (no. 011-341-6291), and enhance the OES SAFE-Team Grant FY 2008 expenditure accounts (nos. 155-363-various) by $127,601. APPROVED AS TO FUNDS AND ACCOUNTS: Peff~} M. T~dlters Chief of Police Police Department ancisco Gutierrez Executive Director Finance & Mgmt. Services Agency 20B-2 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE TO EXECUTE A GRANT AWARD AGREEMENT WITH THE OFFICE OF EMERGENCY SERVICES 05/09/OSlss BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The California Office of Emergency Services has awarded to the Santa Ana Police Department, grant funds in the amount of $95,701, to operate Santa Ana's Focused Enforcement Team project. B. This funding provides additional personnel to work with victims of domestic violence and a victim advocate to handle cases of domestic violence, sexual assault and stalking. C. The grant also provides funding for 1) the Victim Information and Notification Everyday (VINE) system, which allows victims of domestic violence to call and receive information on inmate release or status; 2) training of law enforcement personnel in domestic violence; and 3) to maintain police apprehension and suppression teams for domestic violence offenders. D. The grant requires matching funds of twenty-five percent of the total project amount. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and the Chief of Police or their designees to execute the grant award agreement with the Office of Emergency Services. 20B-3 Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 20B-4 SUBGRANTEE 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°d day of June, 2008, between the CITY OF SANTA ANA, a charter city and municipal corporation of the State of California, hereinafter referred to as "CITY", and COMMUNITY SERVICE PROGRAMS (CSP), anon-profit California corporation, (hereinafter referred to as "SUBGRANTEE"). RECITALS: City is an entitlement recipient of Domestic Violence Victim Advocacy Program funds from the State of California, Office of Emergency Services. 2. The Domestic Violence Victim Advocacy Program hereinafter referred to as "DWA" mandates that a SUBGRANTEE agreement be executed prior to the disbursement of DWA 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: PURPOSE The CITY shall allocate $62,946 in DWA grant funds for disbursement to SUBGRANTEE 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 hereto as Exhibit "A". 2. SCOPE OF SERVICES A. SUBGRANTEE 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 20B-5 It is understood and agreed that the SUBGRANTEE is, and shall be, acting at 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 SUBGRANTEE 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 (DWA), the CITY has allocated $62,946 for disbursement to CSP, Family Violence Victim Services. A. DVVA funds shall be expended within a time period not exceeding one (1) year following the date of execution of this AGREEMENT. No disbursements shall be made for services completed after June 30, 2009. B. Disbursements shall be made to SUBGRANTEE following the submission of invoices detailing how the disbursement was used. City will provide SUBGRANTEE with a form to document expenses. C. SUBGRANTEE 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: 1. June 1, 2008 through September 30, 2008 2. October 1 through December 31, 2008 3. January 1, 2009 through March 31, 2009 4. April 1, 2009 through June 30, 2009 D. City shall disburse funds based upon the receipt of such invoices within thirty (30) days after receipt thereof, provided 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. SUBGRANTEE agrees to conduct all activities of the organization, whether funded in whole or in part by DWA funds from CITY, in accordance with the provisions contained in 2 CFR Part 225, including those for contracts in excess of 20B-6 Ten Thousand Dollars ($10,000.00) and including the provisions relating to audit requirements and resolution of audit findings as provided in Circular A-133. Additionally, if SUBGRANTEE receives $25,000 or more in grant funds, SUBGRANTEE 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. F. SUBGRANTEE acknowledges that the CITY shall disburse funds to SUBGRANTEE only upon execution of this AGREEMENT, and CITY is empowered only to provide funds to SUBGRANTEE pursuant to the provisions of this AGREEMENT. G. SUBGRANTEE acknowledges that CITY shall have the right to recapture all or a portion of DWA funds disbursed to SUBGRANTEE 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. SUBGRANTEE shall not dispose of any real or personal property acquired in full or in part with DWA funds through sale, use or relocation without the express and prior written permission of the CITY I. SUBGRANTEE 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. The SUBGRANTEE shall disclose to the CITY all program income received utilizing Office of Emergency Services (OES) funds administered under this AGREEMENT. RECORDS SUBGRANTEE 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 DVVA funds granted to the CITY shall serve as an officer of SUBGRANTEE. 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 20B-7 By signing this agreement, SUBGRANTEE certifies that it does not discriminate in hiring or service on the basis of race, color, creed, religion, sex, sexual orientation, age, marital status, national origin, ancestry, physical handicap or medical conditions. NON-ASSIGNMENT OF AGREEMENT A. Inasmuch as this AGREEMENT is intended to secure the specialized services of the SUBGRANTEE, SUBGRANTEE may not assign, transfer, delegate, or sublet any interest herein 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. 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 SUBGRANTEE hereby agrees to protect, defend, indemnify and hold 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 out 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. SUBGRANTEE will conduct all defense at its sole cost and expense. CITY shall be reimbursed by SUBGRANTEE for all cost or attorney's fees incurred by CITY in enforcing this obligation. 11. INSURANCE Prior to undertaking performance of work under this Agreement, SUBGRANTEE shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. 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 20B-8 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. 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. B. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, SUBGRANTEE if it 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, SUBGRANTEE agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. SUBGRANTEE shall require all subcontractors to provide such workers' compensation insurance for all the subcontractor's employees. SUBGRANTEE shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and SUBGRANTEE shall similarly require all subcontractors to waive subrogation. C. Prior to commencing performance of the work hereunder, SUBGRANTEE 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: 1. 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." D. SUBGRANTEE 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 SUBGRANTEE 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. SUBGRANTEE shall pay, in a prompt and timely manner, the premiums on all insurance herein above required. 20B-9 12 13 14 15 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: Community Services Programs, Inc. Victim Assistance Programs 1821 E. Dyer Road, Ste. #200 Santa Ana, CA 92705 Attn: Ronnetta J. Johnson To CITY: 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. 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 SUBGRANTEE 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, SUBGRANTEE relies solely upon the provisions contained in this AGREEMENT and no others. 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 full force and effect and shall in no way be affected, impaired or invalidated thereby. LAWS GOVERNING THIS AGREEMENT This AGREEMENT has been executed and delivered in the State of California and the validity, enforceability 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 are to be performed in Orange County, which 20B-10 shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this AGREEMENT. 16. 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 SUBGRANTEE within thirty (30) days of receipt of this document. It shall be the responsibility of the City to transmit this AGREEMENT and any other necessary documentation to SUBGRANTEE and to record the date of receipt thereof. 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: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Laura Speedy Assistant City Attorney 20B-11 CITY OF SANTA ANA, a municipal Corporation of the State of California David N. Ream City Manager SUBGRANTEE Community Service Programs, Inc, a Non-profit California Corporation By: Name: Title: By: Name: Title: EXHIBIT A MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding shall stand as evidence that the CSP, Victim Assistance Programs, Family Violence Victim Services and the City of Santa Ana, through 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 CSP, Victim Assistance Programs, FamilyViolence Victim Services. The CSP, 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 CSP, 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. 20B-12