HomeMy WebLinkAboutSANTA ANA POLICE DEPARTMENT (HELICOPTER PROGRAM)A-2010-066-03
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CLOT 2 2 2010 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, 2010, 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
$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 MOU. Subrecipient shall provide its services under this MOU for a 12
month period commencing on July 1, 2010 through June 30, 2011.
3. Budget. Subrecipient agrees to complete said Program on or before June 30,
2011 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 on or before the 15th of each of the following months
(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. Failure to provide any of the required documentation and reporting will cause City
to withhold all or a portion of a request for reimbursement, or return the entire reimbursement
package to Subrecipient, until such documentation and reporting has been received and approved
by City.
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 disability, medical condition or sexual orientation.
Subrecipient will take affirmative action to ensure that employees are treated without regard to
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their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or
mental disability, medical condition or sexual orientation.
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.
Failure to provide any of the documentation and reporting will cause City to withhold all or
a portion of a request for reimbursement or return the entire reimbursement package to
Subrecipient until such documentation and reporting has been received and approved by the
city.
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 Five
Hundred Thousand Dollars ($500,000.00) 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.
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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.
IN WITNESS WHEREOF, the parties have executed this Memorandum of
Understanding as of the date first written above.
ATTEST:
By: -)'y )"J-r-+-'-" A-. Maria D. Huizar
Clerk of the Council
CITY OF SANTA ANA
By.-- d'j?' --
David N. Ream
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Lisa E. Storck
Assistant City Attorney
"SUBRECIPIENT"
CITY OF SANTA ANA
POLICE DEPARTMENT
By: L?T--
Name: Paul M. Walters
Title: Police Chief
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City of Santa Ana
Scope of Work
Name of Organization Santa Ana Police Department
Name of Funded Program Helicopter Program
Annual Accomplishment Goal
1. 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 survival/dunker training
-Certified Flight Instructor training and recertification
-Instrument ratings training
-Alrborne 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 during 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 $ 150,000.00
$ 600,000.00 Total 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 09/10
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
Final Budget
Organization Name Santa Ana Police Department
Program Name Helicopter Program
Expenditures
Category Expenses Funded by
Santa Ana CDBG Expenses Funded
b Other Sources Total Program
Budget
Administrative Staff
Salaries & Benefits
$ 20,000
$ 20,000
Program Staff Salaries &
Benefits
$ 220,000
$ 220,000
Contractual/Professional
Services
$ 360,000
$ 360,000
Office Supplies $ -
Rent $ _
Communications $ _
Utilities $ _
Insurance $ _
Other:List below
1 $ _
2 $ _
3 $ _
4 $ _
5 $ _
Total $ 600,000 $ - $ 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
txnlblt B
Page 1 of 1
Funded Personnel
Name of Organization: _ Santa Ana Police Department
Name of Program Helicopter Program
ADMINISTRATIVE 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
Compensation
Sergeant $ 144,680 $ 67,480 $ 212,160 $ 20,000 10% $ 21,216.00
Total Amount Requested $ 20,000
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
Com ensation
Lead Cpl./Pilot $ 110,329 $ 987 $ 57,042 $ 168,358 $ 168,000 100% $ 168,358.00
Tactical Flight Officer $ 24,670 $ 9,342 $ 34,012 $ 34,000 100% $ 34 012.00
Tactical Flight Officer $ 13,325 $ 5,046 $ 18,371 $ 18,000 100% $ 18,371.00
$ - $ -
$ $ -
$ - $ -
$ - $ -
Total Amount Re uested $ 220,000
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service
(only list funded services) Annual Contract Amount Total
Compensation Funds
Requested for
this position Percent of
time serving
Santa Ana Maximum
Amount of
eligible
Com ensation
Airborne Law Enforcement $ 360,000 $ 360,000 $ 360,000 100% $ 360,000.00
Total Amount Requested $ 360,000
Exhibit B-1
Page 1 of I
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.
72 ! i
Grantee/Contactor Organization rogram Title
Name of Certifying Officer Signature Date
EXHIBIT C
Page 1 of 2
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