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HomeMy WebLinkAboutSANTA ANA POLICE DEPARTMENT (CDBG)City of Santa Ana Clerk of the Cour I AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect.a z Return form to the Clerk of the Council Office (M-30). Call 647-5268 if you have any questions. The agreement with No.-2aOq-Cq-?-6r -7 and final payment has been made. Revised 07-23-07 was completed on G 3a>/6 Department: C Q04 Phone/Ext.: Signature: Date: /OatlJ A-2009-043-002 �INSURANCE NOT REQUIRED �j WORK r,IA ;'K`EED CLERK OF COUNCIL DATEC- CDBG PUBLIC SERVICES MEMORANDUM OF UNDERSTANDING WITH THE SANTA ANA POLICE DEPARTMENT THIS CDBG PUBLIC SERVICES MEMORANDUM OF UNDERSTANDING ("MOU") is made as of the Ist day of July, 2009, by and between the City of Santa Ana, a charter city and municipal corporation ("City") and the Santa Ana Police Department ("Subrecipient"). V RECITALS U A. City has received an award of Community Development Block Grant ("CDBG") funds from the Department of Housing and Urban Development. ,o e 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 $600,000,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 TMOU. Subrecipient shall provide its services under this MOU for a 12 month period commencing on July 1, 2009 through June 30, 2010. 3. Budget. Subrecipient agrees to complete said Program on or before June 30, 2010 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 $600,000, 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 fiends. [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. n IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding as of the date first written above. ATTEST: By: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney LISA E. STORCK Assistant City Attorney CITY OF SANTA ANA By: '2es David N. Ream City Manager "SUBRECIPIENT" CITY OF SANTA ANA POLICE DEPARTMENT By: `- !! 4rnrl6 U+rm Name: Iyaul M. Walters Title: Police Chief City of Santa Ana Scope of Work Name of Organization 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. 370000 Persons II. Number of unduplicated Santa Ana residents expected to be served by the funded program during the 12-month contract period. 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 is used to control and suppress crime in targeted low-income, high crime neighborhoods. The helicopter will assist on high priority crimes in progress, such as robberies, shootings, car thefts, felony assaults and burglaries. The helicopter will provide vital information during pursuits and at accident scenes to keep officers and citizens safe, such as direction of travel, number of suspects or victims, intersection conditions, description of cars and people involved. The helicopter provides service between the hours of 9:00 am and 3:00 am daily, providing support using technology not available to ground officers. The crews will strictly track the amount of time spent over the City of Santa Ana so as to invoice the City for specific time spent over the City. The CDBG monies will be spent on the service -by -the -hour contract agreement, the applicaple percentage of administrative and program staff salaries, including overtime; communications equipment, and costs associated with training for the pilot and tactical flight officers assigned to the program. The training to be provided includes but is not limited to the following: -Night Vision Goggle recurrent training -Auto rotations and night time auto rotations mandatory yearly training -Underwater survivalldunker training -Certified Flight Instructor training and recertification -Instrument ratings training -Airborne Law Enforcement Association Conference travel and training for four (pilot, TFO (2), and Unit manager Schedule of Performance Estimate the number of 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 370000 Persons Quarter 2: October 1 - December 31 Persons Quarter 3: January 1 - March 31 Persons Quarter 4: April 1 -June 30 Persons 370000 Total unduplicated Santa Ana Residents to be served. Schedule of Invoicing Estimate the amount of grant funds to be requested durin the 12-month contract period on a quarterly basis. Quarter 1: July 1 - September 30 $ 150,000.00 Quarter 2: October 1 - December 31 $ 150,000.00 Quarter 3: January 1 - March 31 $ 150,000.00 Quarter 4: April 1 -June 30 $ 150,000.06 $ 600,000.00 jTotal Grant Exhibit A Page 1 of 1 City of Santa Ana Performance Outcome Tracking Activity! Program Outcome Tracking Goal HUD Outcome Tracking HUD Goal Anti -Crime Track the reduction in Reduce response time to Number of persons assisted: Accessibility 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 improved apprehension of 1,500 quality, report the number that no longer criminals that may only have access to substandard service otherwise escape. "`5-year goal to be achieved by FY 09110 Describe how you will gather the tracking information, noted above, for that activity. The helicopter crew notates the time of each service call or self -initiated response from beginning to end of each response. Their response time can be seen in the call history which is available on the SAPD intranet as well as in the records maintained by ABLE personnel. The helicopter unit sergeant provides quarterly statistical reports showing the helicopter's involvement in various types of service calls, the number of arrests made, pursuits monitored, stolen automobiles located, as a result of the helicopter's involvement. Exhibit A-1 Page 1 of 1 Organization Name Program Name Final Budget Expenditures Police Category Expenses Funded by Santa Ana CDBG Expenses Funded by Other Sources Total Program Budget Administrative Staff Salaries & Benefits $ 22,870 $ 22,870 Program Staff Salaries & Benefits $ 223,720 $ 223,720 Contractual/Professional Services $ 320,294 $ 320,294 Office Supplies $ _ Rent $ Communications $ 1,000 $ 1,000 Utilities $ Insurance $ Other,List below iI'iI`I hs, ,iili , III . (Ilj iII I. 1 Training $ 31,896 $ 31,896 2 Overtime 3 Professional Memberships $ 120 $ 120 4 Pilot Physical $ 100 $ 100 5 $ Total $ 600,000 1 $ $ 600,000 LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana CDBG $ 600,000 Total Funds for the Program $ 600.000 Exhibit B Page 1 of 1 Funded Personnel Name of Organization: Name of Program ADMINISTRATIVE STAFF Position Title (only list funded positions) Serecau[ Annual Salary $ 228,700 Overtime Annual Benefits Total Compensation $ 228,700 Funds Requested for this position $ 22,870 Percent of time serving Santa Ana 10% M aximum Amount of eligible Compensation $ $ $ $ S $ - S Total Amount Requested S 22,870 PROGRAM STAFF Position Title (only list funded positions) Annual Salary Overtime Annual Benefits Total Compensation Funds Requested for this position Percent of time serving Santa Ana Maximum Amount of eligible om ensation Lead Cpl./Pilot $ 107,995 $ 10,000 S 53,730 $ 171,725 $ 171,725 100% $ 171,725.00 Tactical Flight Officer $ 112,400 S 10 000 $ 55 300 S A-177 700 S 26,770 10% $ 17 770.00 Tactical Flight Officer $ 101,000 $ 10,000 $ 51,250 $ 162,250 S 25,225 107% $ 16.225.00 $ S S $ $ S - Total Amount Requested $ 223,720 CONTRACTUAL/PROFESSIONAL SERVICES Type of Service (only list funded services) Annual Contract Amount tal nsation j$320 Funds Requested for this position Percent of time serving Santa Ana Maximum Amount of eligible Com ensation Airborne Law Enforcement $ 320,294 294 S 320,294 100% $ 320,294.00 S S $ $ $ $ $ $ $ $ $ $ $ S Total Amount Re uested $ 32Q294 Exhibit B-1 Page 1 of 1 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. A N A Pa,,u. ) E)OAQ--Wer, ,t Grantee/Contactor 1' 1 /htiT`t S &k1A",Y EXHIBIT C Page 1 of 2 uEucCPTER.- VkO4,a,,kM Program Title 4/t-r. -/// /0 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