HomeMy WebLinkAboutCITY OF SANTA ANA-POLICE HELICOPTERCity of Santa A _.t
Clerk of the Council
AGREEMENT TERMINATION
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WORK MAY PROCEED
CLERK OF COUNCIL
DATE:
JUL 2 2008 CDBG PUBLIC SERVICES
MEMORANDUM OF UNDERSTANDING
0: CDA/CDBG () WITH THE SANTA ANA POLICE DEPARTMENT
Frank Hernandez
THIS CDBG PUBLIC SERVICES MEMORANDUM OF UNDERSTANDING
("MOU") is made as of the IST day of July, 2008, by and between the City of Santa Ana, a
charter city and municipal corporation ("City") and the SANTA ANA POLICE
DEPARTMENT ("Subrecipient").
RECITALS
A. City has received an award of Community Development Block Grant ("CDBG")
funds from the Department of Housing and Urban Development.
B. Subrecipient is an entity of City and is engaged in administration of City's overall
CDBG program and seeks to provide the services described in "Exhibit A," in accordance with
the schedule of performance included therein, hereinafter referred to as "said Program".
Subrecipient represents that it is qualified and willing to operate said Program and certifies that
the activities carried out with funds provided under this Agreement will meet one or more of the
CDBG program's National Objectives (24 CFR Part 570.208).
C. City has approved the issuance of CDBG funds, in an amount not to exceed
$20,000, to Subrecipient for these services.
NOW, THEREFORE, in consideration of performance by the parties of the promises,
covenants and conditions herein contained, the parties hereto agree as follows:
1. Subrecipient's Services.
A. Statement of the Work. Subrecipient shall utilize City's CDBG funds to
provide for its administration of City's overall CDBG program and support of its Program as
described in Exhibit A.
B. Standard of Care. As a material inducement to City to enter into this
MOU, Subrecipient hereby represents and warrants that it has the experience necessary to
undertake the services to be provided as set forth in Exhibit A.
C. Compliance with Laws. All services rendered hereunder by Subrecipient
shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of
City and any federal, state or local governmental agency having jurisdiction at the time service is
rendered. This MOU is subject to and incorporates the terms of the Housing and Community
Development Act of 1974, as amended; 24 Code of Federal Regulations ("CFR") Chapter V,
Part 570; City's CDBG Program Guidelines; and all amendments or successor regulations or
guidelines thereto ("CDBG Regulations").
2. Term of MOU. Subrecipient shall provide its services under this MOU for a 12
month period commencing on July 1, 2008 through June 30, 2009.
3. Budget. Subrecipient agrees to complete said Program on or before June 30,
2009 and to use said funds to pay for necessary and reasonable costs allowable under the federal
law and regulations to operate said program. Other allowable program costs are detailed in the
Budget, as set forth in "Exhibit B," attached hereto and by this reference incorporated herein.
Subrecipient shall use all income received from said funds only for the same purposes for which
said funds may be expended pursuant to the terms and conditions of this Agreement. No
budgetary changes shall occur without City's prior approval. Subrecipient hereby certifies and
agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or
gifts.
4. Compensation. Upon compliance with specified performance requirements, City
shall reimburse Subrecipient an amount not to exceed $20,000, which shall constitute full and
complete reimbursement for the implementation of this MOU. The parties understand and agree
that such reimbursement, if any, shall be conditioned upon receipt of such funds by City from
HUD and shall not be a charge on any other funds of City. The CDBG Funds shall be disbursed
by City to Subrecipient on a quarterly basis (October, January, April and July) subject to and upon
receipt and approval of a complete quarterly activity report from Subrecipient, with the final
payment subject to the satisfaction of the condition precedent of submittal of complete reporting
information due on or before July 15 of the applicable funding year, as hereinafter more fully set
forth. Subrecipient shall be obligated to perform such duties as would normally extend beyond
the term, including but not limited to obligations with respect to indemnification, audits,
reporting, data retention/reporting, and accounting.
5. Program Evaluation and Review/ Common Rule. Subrecipient shall make
performance, financial and all other records pertaining to this MOU available to all City and
HUD personnel. City and HUD personnel may inspect and monitor Subrecipient's facilities and
program operations, including the interview of Subrecipient's staff and program participants.
Subrecipient agrees to submit to City or HUD all data necessary to complete the Annual Grantee
Performance Report in accordance with HUD requirements and in the format and at the time
designated by City or HUD Project Directors or their designees. Pursuant to CFR 85.40(a), the
City manages the day-to-day operations of each grant and subgrant supported activities. City
staff has detailed knowledge of the grant program requirements and monitors grant and subgrant
supported activities to assure compliance with Federal requirements. Such monitoring covers
each program, function and activity and performance goals are reviewed periodically.
6. Non -Discrimination and Equal Employment Opportunity. In the performance
of this MOU, Subrecipient shall not discriminate against any employee, subcontractor or
employment applicant because of race, color, creed, religion, sex, marital status, national origin,
ancestry, age, physical or mental handicap, medical condition or sexual orientation. Subrecipient
will take affirmative action to ensure that employees are treated without regard to their race,
color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental
handicap, medical condition or sexual orientation.
2
7. Record Keeping/Reporting. Subrecipient shall keep and maintain complete and
adequate records and reports to assist City in meeting and maintaining its record keeping
responsibilities under the CDBG Regulations, including the following:
(1) Records
a. Documentation evidencing program income requirements in
conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24
CFR 570.208(a)(2)(B) of the income level of persons and/or families participating
in or benefiting by the Program.
b. Documentation of the number of persons and/or families participating
in or benefiting by the Program.
c. Household information shall include number of persons, identification
of head of household, race/ethnicity, and income verification.
d. Documentation of all CDBG Funds received from City.
e. Documentation of expenses as identified in the Budget Proposal,
including evidence of incurring the expense, invoices for goods or services, copies
of any and all contracts or documentation pertaining to costs for subcontractors,
plus all other invoices for which CDBG Funds were expended, and any payments
therefor.
f. Any such other related records as City shall reasonably require or as
required to be maintained pursuant to the CDBG Regulations.
(2) Reports
a. Payment Request. Concurrently with the submittal of each
quarterly report, on or before the 15th day of October, January, April and
July, Subrecipient shall submit both: an original invoice and true copies of
invoices, receipts, agreements, copies of any and all contracts or documents
pertaining to costs for subcontractors or other documentation supporting
and evidencing how the CDBG Funds have been expended during the
applicable quarter.
b. Quarterly Activity Report: Subrecipient agrees to keep monthly records of all
ethnic and racial statistics of persons and families benefited by Subrecipient in the
performance of its obligations under this Agreement, including, but not limited to, the
number of low and moderate income persons and households assisted in accordance with
federal income limits, the number of female heads of households assisted, new program
information and year-to-date program statistics on expenditures, caseload and activities.
8. Revenue Disclosure Requirement. Subrecipient shall make available all books
and records pertaining to each project or business activity that is funded by CDBG Funds under
this MOU for inspection and audit by HUD's representatives, upon request, at any time during
the term of this MOU and during a period of 5 years thereafter. All such books and records shall
be maintained by Subrecipient at a location in Orange County. Failure of Subrecipient to comply
with the requirements of this section shall constitute a material breach for which City may
terminate or suspend this MOU.
9. Audit Report Requirements. Subrecipient agrees that if Subrecipient receives
Three Hundred Thousand Dollars ($300,000.00) or more in federal funds, Subrecipient shall
have an annual audit conducted by a certified public accountant in accordance with the standards
as set forth and published by the United States Office of Management and Budget. Subrecipient
shall provide City with a copy of said audit by October 1 of the year following the program year
in which this Agreement is executed.
10. Termination. This Agreement may be terminated in the following manner for the
following reasons: (a) on thirty (30) days' written notice by either party; (b) upon five (5) days'
written notice for violation of Federal Laws governing the use of CDBG Funds by Subrecipient;
(c) terminated for convenience in accordance with 24 CFR 85.44; and (d) terminated due to the
non-performance of Subrecipient and/or failure of Subrecipent to perform the work described in
Exhibits A and B or failure to meet the performance standards and program goals set forth therein.
In the event of any such termination, Subrecipient shall only be entitled to reimbursement for
approved expenses incurred to the effective date of termination and any and all funds not used
must be returned to City per the paragraph below.
11. Reversion of Assets. Upon the expiration of this Agreement, Subrecipient shall
transfer to City any CDBG funds on hand at the time of the expiration of this Agreement as well as
any accounts receivable attributable to the use of CDBG funds. [24 CFR 570.503(b)(8).]
Disposition of real property or equipment shall be resolved pursuant to City guidelines.
Subrecipient's obligations and responsibilities set forth in this paragraph and in the
"Termination" clause and other requirements pertaining to program income shall not be affected
by the termination of this Agreement and shall survive the date of termination of this Agreement
for such period of time as City and/or HUD deems necessary for the responsibilities, duties and
obligations to be performed and completed to the satisfaction of City and HUD.
12. Exhibits. All documents referenced as exhibits in this MOU are hereby
incorporated in this MOU, including Exhibits A, A-1, B, B-1 and C.
13. Entire Agreement. This MOU, and all other documents incorporated herein by
specific reference, represent the entire and integrated agreement between City and Subrecipient.
This MOU supersedes all prior oral or written negotiations, representations or agreements. This
MOU may not be amended, nor any provision or breach hereof waived, except in a writing
signed by the parties that expressly refers to this MOU.
11
IN WITNESS WHEREOF, the parties have executed this Memorandum of
Understanding as of the date first written above.
ATTEST:
By:
Patricia E. Healyt
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:�`
LISA E. STORCK
Assistant City Attorney
CITY OF SANTA ANA
y-
avid N. Ream
City Manager
"SUBRECIPIENT"
CITY OF SANTA ANA
SANTA ANA POLICE DEPARTMENT/
HELICOPTER PROGRAM
B.
Name: Paul M. Walters
Title: Chief of Police
City of Santa Ana
Scope of Work
Name of Organization Santa Ana Police Department
Name of Funded Program Helicopter Program
Annual Accomplishment Goal
I. Total number of unduplicated clients (Santa Ana and Non -Santa Ana Residents) anticipated to be served by the
funded program, named above, during the 12 -month contract period.
348,143 Persons
II. Number of ONLY unduplicated Santa Ana residents to be served by the funded program, named above, during the
12 -month contract period.
348143 Persons
Program and Funding Description
III. Description of Work - In the space below, describe the program to be funded during the 12 -month contract period.
What specific activities will be undertaken during the contract period. Please be concise in your response. Only the
viewable space will print.
The helicopter program provides the public and police with rapid, effective police response to crimes in progress,
accidents, and pursuits, searches for lost children and other uses. The helicopter directly assists patrols officers i
making arrests through the use of technology such as moving maps, FUR (Forward Looking Infrared) Device,
night vision goggles and powerful searchlights. Service is provided between the hours of 9:OOam and 3:OOam
daily. The helicopter responds to calls within 30 seconds to 5 minutes, depending on their location at the time of
the call. At accident scenes, the helicopter quickly assesses what additional resources are needed, advises
responding officers of hazards and traffic conditions and keeps both officers and citizens safe with their overhead
view. The helicopter provides an effective crime suppression tool to Santa Ana thereby improving the safety and
quality of life of its residents and reducing crime in the City overall.
Schedule of Performace
Estimate the number of ONLY unduplicated Santa Ana residents to be served by the funded program during the 12 -
month contract period per quarter. (Enter number of new Santa Ana clients served each quarter. If they were served
in quarter 1 do not count them again in quarter 2
Quarter 1: July 1 - September 30 87035 Persons
Quarter 2: October 1 - December 31 87036 Persons
Quarter 3: January 1 - March 31 87036 Persons
Quarter 4: April 1 -June 30 87036 Persons
348143 Total unduplicated Santa Ana Residents to be served.
Schedule of Invoicing
Estimate the amount of grant funds to be requested during the 12 -month contract period on a quarterly basis.
Quarter 1: July 1 - September 30 $ 5,000.00
Quarter 2: October 1 - December 31 $ 5,000.00
Quarter 3: January 1 - March 31 $ 5,000.00
Quarter 4: April 1 -June 30 $ 5,000.00
$ 20,000.00 Total Grant
Exhibit A
Page 1 of 1
City of Santa Ana
Performance Outcome Tracking
Please find the activity most closety associated to the service that will be provided and place an "X" next to it then
answer the question below. Please note the tracking that is involved with this activitv.
Place an
"X" next to
one
Activity
Activity/
Program
City Outcome Tracking
Goal
HUD Outcome Tracking
HUD Goal
Anti -Crime
Track the reduction in
Reduce response time to
Number of persons assisted:
Sustainability for the
Services
response time and the
serious crimes in the City's
-with new access to a service
purpose of creating
number of criminal
Low- and Moderate -Income
-with improved access to a service
Suitable Living
apprehended as a result.
area by at least 3 minutes
-where activity was used to meet a
Environments
resulting in the
quality standard or measurably
apprehension of 1,500
improved quality, report the number
criminals that may
that no longer only have access to
otherwise escape.
substandard service
***5 -year goal to be
achieved by FY 09/10
Describe how you will gather the tracking information, noted above, for that activity.
Quarterly reports will be provided indicating statistical data for that period.
Exhibit A-1
Page 1 of 1
Program Year 2008-2009
Final Budget
Organization Name Santa Ana Police Department
Program Name Helicopter Program
Expenditures
Category
Expenses Funded by
Santa Ana CDBG
Expenses Funded
by Other Sources
Total Program
Budget
Total Organizational
Budget
Administrative Staff
Salaries & Benefits
$ -
$ -
$ -
Program Staff Salaries &
Benefits
$ -
$ -
Contractual/Professional
Services
$ 20,000
$ 500,000
$ 520,000
Office Supplies
$ -
Rent
$ -
Communications
$ -
Utilities
$ -
Insurance
$ -
Other:List below
1
$ -
2
$ -
3
$ -
4
$ -
5
$ -
Total
$ 20,000
$ 500,000
$ 520,000
$ -
LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED FOR 07-08
(Total Funds for Program must equal Total Program Budget above)
Source Amount
Santa Ana CDBG $ 20,000
Total Funds for the Program $ 20,000
Exhibit B
Page 1 of 1
please confirm that Pr(
)gram Budget is equal to Total Funds for the Program
2008-2009 Funded Personnel
Name of Organization: Santa Ana Police Department
Name of Program Helicopter Program
NOTE: Please remember that this is only a budget and that reimbursement should be based on actual service.
ADMINISTRATIVE STAFF
Position Title Annual Annual Total
Salary Benefits Compensation
CDBG Funds
Requested for
this position
Of this time
percent of
time serving
Santa Ana
Maximum
Amount of
eligible
Complensation
Sergeant $ 125,010 $ 54,840 $ 179,850
$ -
10% $
17,985.00
$ 48,755
$ 150,905
$ -
100% $
150,905.00
Tactical Flight Officer
$ 106,370
$ 45,750
$ -
$ -
10% $
$ -
Tactical Flight Officer
$ 101,631
$ 45,750
$ 147,381
$ -
10% $
14,738.10
$ -
$ -
$
Is -
$ -
$ -
$ -
Total Amount Re uested
$ -
Must equal amount indicated on Exhbit B
PROGRAM STAFF
Position Title
Annual
Salary
Annual
Benefits
Total
Compensation
CDBG Funds
Requested for
this position
Of this time Maximum
percent of Amount of
time serving eligible
Santa Ana Com lensation
Lead Corporal/Pilot
$ 102,150
$ 48,755
$ 150,905
$ -
100% $
150,905.00
Tactical Flight Officer
$ 106,370
$ 45,750
$ 152,120
$ -
10% $
15,212.00
Tactical Flight Officer
$ 101,631
$ 45,750
$ 147,381
$ -
10% $
14,738.10
$
$ -
$ -
$ -
$ -
$ -
$ -
Total Amount Requested
$ 20,000
Total Amount Requested
$ -
Must equal amount indicated on Exhbit B
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service Annual Contract Amount Total
Compensation
CDBG Funds
Requested for
this position
Of this time
percent of
time serving
Santa Ana
Maximum
Amount of
eligible
Com lensation
Airborne Law Enforcement $ 245,000 $ 245,000
$ 20,000
33% $
80,850.00
$ -
$
$ -
$
$ -
$
$ -
$ -
$ -
$ -
$ -
$ -
Total Amount Requested
$ 20,000
Must equal amount indicated on Exhbit B
'Please note for personnel whose time is not directly traced to serving Santa Ana and instead a percentage is used please
confirm the percentage is accurate prior to requesting reimbursement.
Exhibit B-1
Page 1 of I
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Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contact, grant, loan or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontract, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U. S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Grantee/Contactor Organization Program Title
} r
Name of Certifying Officer
EXHIBIT C
Page 1 of 2
Date
SUBRECIPIENT warrants the following:
1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights
Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR
Part 1.
2. No person in the United States shall on the ground of race, color, religion, national
origin, or sex, be excluded from participation in, or be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part with
community development funds made available pursuant to the ACT.
3. All laborers and mechanics, employed by contractors or subcontractors in the
performance of construction work financed in whole or in part with community
development funds shall be paid wages at rates not less than those prevailing on similar
construction in the locality as determined in accordance with the Davis -Bacon Act, as
amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for
which they volunteered; do not receive compensation for such services; or are paid
expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise
employed at any time in construction work.
4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded
with community development funds, except that (a) SUBRECIPIENT does not assume
CITY'S environmental responsibilities described at 24 CFR 570.604; and (b)
SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process
under Executive Order 12372.
EXHIBIT C
Page 2 of 2