HomeMy WebLinkAbout25B - AGMT SAFE CITIES NETWORK AND IMMIGRATION LEGAL DEFENSE SERVICESREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 17, 2017
TITLE:
APPROVE A MEMORANDUM OF
UNDERSTANDING WITH THE VERA
INSTITUTE OF JUSTICE FOR THE
SAFE CITIES NETWORK; APPROVE
AN AGREEMENT WITH IMMIGRANT
DEFENDERS LAW CENTER FOR
IMMIGRATION LEGAL DEFENSE
SERVICES
c
CI NAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ ordinance on Is' Reading
❑ Ordinance on 2 o Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Authorize the City Manager to execute a Memorandum of Understanding between the
Vera Institute of Justice and the City of Santa Ana, related to the City's participation in the
SAFE Cities Network, effective from the date approved by the City and ending October 31,
2018, subject to non -substantive changes approved by the City Manager and the City
Attorney.
2. Authorize the City Manager and the Clerk of the Council to execute an agreement with
Immigrant Defenders Law Center to provide immigration legal defense services to Santa
Ana residents, in an amount not to exceed $65,000, for a one-year period beginning
November 1, 2017 and ending October 31, 2018, subject to non -substantive changes
approved by the City Manager and City Attorney.
DISCUSSION
On March 8, 2017, the City Attorney's Office hosted a meeting with legal service providers,
stakeholders, and City staff to develop options for the provision of immigration legal defense
services for Santa Ana residents. Among the options developed through this collaborative effort
was the recommendation to pursue the Vera Institute of Justice (Vera)'s Safety and Fairness for
Everyone (SAFE) Cities Network funding opportunity. The Vera Institute of Justice is an
independent, non-profit national research and policy organization whose goal is to "[work] with
governments to build and improve justice systems that ensure fairness, promote safety, and
strengthen communities."
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MOU with Vera Institute_ of Justice; Agreement with Immigrant Defenders Law Center
October 17, 2017
Page 2
In April 2017, Vera released a Request for Letters of Interest, an invitation to local leaders to join
Vera's Safety and Fairness for Everyone (SAFE) Cities Network. The SAFE Cities Network is an
initiative that provides up to $100,000 in catalyst grant funding for trained legal service providers
(LSPs) to represent immigrants facing deportation, or removal, proceedings. Local municipalites
selected to receive Vera's funding and participate in the SAFE Cities Network were required to
make a commitment of City funds to further support legal representation for immigrants facing
deportation.
On May 16, 2017, the City Council directed staff to apply for Vera's grant funding and in June
2017, staff was notified that the City of Santa Ana was selected to join the SAFE Cities Network.
At the July 5, 2017, City Council meeting, the City Council took action to appropriate $65,000 in
one-time City funds to provide immigration legal defense services specifically for Santa Ana
residents.
The City's partnership with Vera and participation in the SAFE Cities Network includes the
following:
• In addition to the $65,000 in City funds appropriated by the City Council, Vera will
designate $100,000 in one-time funds for detained removal defense, where the universal
representation model is used. Universal representation refers to a removal defense model
that does not prohibit services to any categories of immigrants in removal proceedings
other than those based on income requirements. The City's funds will be used to provide
removal defense to Santa Ana residents. While Vera's funds will prioritize Santa Ana
residents, these funds could also be used to support removal defense for Orange County
residents if additional capacity exists to do so.
• Vera will provide in-kind support, including technical assistance in identifying and training
legal service providers (LSPs), providing opportunities to share best practices with other
jurisdictions, providing data collection and research support, and more.
• Vera will assist the City with developing a public communications strategy.
In order to formalize the City's participation with Vera's SAFE Cities Network, a Memorandum of
Understanding (Exhibit 1) is required to be executed.
Following the City Council's appropriation of $65,000 for a legal defense fund, City staff sought
the assistance of Vera to conduct a Request for Proposals (RFP) process to select a legal
service provider (LSP) to provide immigration legal defense services. An RFP was distributed to
legal service providers on August 21, 2017 and proposals were accepted through September 11,
2017. The City received two proposals: one from Immigrant Defenders Law Center and one from
the Public Law Center. The proposals were reviewed and ranked by an evaluation committee
comprised of representatives from the City of Santa Ana and Vera.
On September 21, 2017, the City and Vera selected Immigrant Defenders Law Center (ImmDef)
as the City's legal service provider (LSP). Based out of Los Angeles, CA, ImmDef currently
25B-2.
MOU with Vera Institute of Justice; Agreement with Immigrant Defenders Law Center
October 17, 2017
Page 3
provides removal defense services in Los Angeles. ImmDef was selected due to their extensive
experience in providing immigration legal defense using the universal representation model. In
addition, ImmDef has an expansive network of attorneys to support their efforts to expand their
services to Santa Ana. As part of their proposed program, ImmDef will open a location in Santa
Ana, where they will be able to serve Santa Ana residents and receive referrals. Based on their
proposal that includes the combined $165,000 in funds, ImmDef anticipates to serve between 35
to 40 clients; their estimated case cost is between $4,125 and $4,714. While costs per case can
vary due to the unique nature of each case, ImmDefs estimate is within the per -case range cited
by other LSPs). Overall, ImmDef presented a more comprehensive and responsive proposal.
ImmDefs proposal is included as an attachment to Exhibit 2.
An agreement between the City of Santa Ana and ImmDef is required to ensure delivery of the
immigration legal defense services (Exhibit 2). In order to meet Vera's requirements for Santa
Ana to receive the catalyst grant award, ImmDefs operations must launch by no later than
November 1, 2017. However, Vera may provide additional time for ImmDef to become
operational. City staff recommends approval of the Memorandum of Understanding with Vera to
join the SAFE Cities Network and the agreement with ImmDef to provide immigration legal
defense services.
FISCAL IMPACT
Funds in the amount of $65,000 are available for expenditure in FY 2017-18 in the City
Managers Office - Contract Services -Professional account (no. 01105015-62300).
Robert C. Cortez
Deputy City Manager
City Manager's Office
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez �✓t
Executive Director
Finance and Management Services Agency
Exhibits: 1. Vera Institute Memorandum of Understanding
2. Immigrant Defenders Law Center Grant Funding Agreement
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veraINSTITUTE EXHIBIT 1
OF JUSTICE
Date:
August 21, 2017
To:
Robert Cortez, Deputy City Manager, Santa Ana, California
From:
Annie Chen, Project Director, SAFE Cities Network
Subject:
Memorandum of Understanding for SAFE Cities Network
This memorandum documents the understanding between the Vera Institute of Justice
("Vera") and the City of Santa Ana ("Santa Ana," "the City"), regarding Santa Ana's
participation in Vera's project, the SAFE Cities Network ("Safe Cities," "the Project"),
and memorializes the agreed upon principles -for the Project and contributions of both
Vera and Santa Ana.
The SAFE (Safety & Fairness for Everyone) Cities Network is a diverse group of local
jurisdictions from around the country, convened by Vera, committed to due process
and providing legal representation to immigrants facing deportation and keeping
communities strong and safe.
As a member of the SAFE Cities Network, Santa Ana will:
t. Fund, at the level o£$65;o_o__o the legal representation of immigrants in detained
removal proceedings.
2. Support the goal of representation of all immigrants in removal proceedings through
the "universal representation model." By "universal representation," we mean that
the only eligibility criteria for representation are i) residency and 2) financial
eligibility.
3. Commit a Santa Ana government leader to be involved in the SAFE Cities network
public communication efforts.
4. Assign the Santa Ana government leader or another staff member to act as the
primary liaison to the network to participate in Vera -organized conference calls and
convenings.
5. Contractually require that the legal services provider selected to receive public
funding collect and share case -level data with Vera through the Vera SAFE Cities
database and participate in interviews with Vera staff to support the evaluation of the
Project. The information gathered will be key for developing evidence regarding the
impact of representation across the United States on a variety of measures and could
be used to inform future efforts to secure funding for new and existing representation
programs.
6. Work towards obtaining continued public funding for the program after the first
year.
Vera will:
1. Support Santa Ana in establishing its publicly funded removal defense program,
including providing technical assistance to the City in selecting a legal services
provider to receive the $65,000 of the City's public funding.
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2. Provide a catalyst grant of $1oo,000 to conduct removal defense pursuant to a
universal representation model to the selected legal services provider or providers in
Santa Ana of Vera's choosing to augment the City s public funding for removal
defense. Vera will establish a contract and Program Operations Plan with each legal
services provider setting forth the requirements of the Vera program. Vera's award of
the catalyst grant is contingent on the City and provider's adoption of the universal
representation model.
3. Provide a forum for government officials within the SAFE Cities Network to share
information and challenges.
4. Provide support and technical assistance to Santa Ana legal services providers in the
form of sharing of best practices and challenges with other SAFE Cities Network
members, and periodic trainings. Vera will also provide support in creating and
maintaining stakeholder relationships.
5. Provide strategic communications support related to the work of the SAFE Cities
Network.
6. Provide program performance and outcome monitoring, with an eye toward
evaluation. Vera will collect quantitative data from legal services providers through
the SAFE Cities database and qualitative data from site visits and other engagements
to monitor program performance, report progress and findings to funders and
government partners, and identify important trends that may inform technical
assistance and program management efforts.
7. Support Santa Ana's effort to secure and expand public funding for removal defense
after the first year of the program.
Mutual understandings and colnlnitments:
1. This memorandum of understanding will be in effect from the date approved by
City through October 31, 2o1S. The memorandum may be extended past that event
to a date agreed upon by mutual, written agreement of both Vera and Santa Ana.
2. Vera shall at all times preserve the confidentiality and security of identifiable
information learned during the course of the evaluation. Vera shall restrict the use
and disclosure of such information to those persons or entities (including agents
and subcontractors) that have been hired, designated, or assigned by Vera to
conduct the evaluation.
3. All identifiable data collected by or provided to Vera for evaluation of the Project will
be securely maintained by Vera staff. Electronic databases will be stored on a Vera
computer and will only be accessible with a password. Data access will be restricted
to designated study personnel who have received training to maintain the
confidentiality of data. All research staff will receive a copy of Vera's confidentiality
protocol and be required to sign it before handling research data.
r
4. Subject to the abovementioned confidentiality requirements, Vera has the right to
publish any materials related to the work performed under this agreement. Any
report published by Vera using City data pursuant to this agreement (1) shall
acknowledge the support of the City, and (z) shall state that the opinions, results,
findings and/or interpretations of data contained therein are the responsibility of
Vera and not the City
5. This memorandum maybe amended only by mutual, written agreement of the
parties. Either party may terminate the memorandum with sixty (6o) days' written
notice to the other.
The foregoing is understood, accepted, and agreed to by Vera and the City:
Vera Institute of Justice, Inc.:
Signature of Authorized Representative
Name of Authorized Representative
City of Santa Ana:
Signature of Authorized Representative
Name of Authorized Representative
Approved as to Form (City):
v.,
*n M. Funk
Assistant City Attorney
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Title
Date
Title
Date
EXHIBIT 2
CITY OF SANTA ANA
GRANT FUNDING AGREEMENT FOR LEGAL SERVICES
This Agreement is made and entered into by and between the City of Santa Ana, a charter
city and municipal corporation organized and existing under the Constitution and laws of the state
of California ("City") and Immigrant Defenders Law Center ("Grantee").
RECITALS
A. The City desires to provide grant funding to Grantee for the provision of removal
(deportation) defense services that contribute to the protection of families and the education and
support of Santa Ana immigrant populations and that will contribute to the safety and quality of
life in Santa Ana and surrounding areas.
B. Pursuant to a separate agreement between Grantee and the Vera Institute of Justice,
Grantee expects to receive additional grant funding in the amount of $100,000 from the Vera
Institute to conduct these same services.
C. Grantee represents to the City that it is qualified and capable to carry out these
services as further described by Grantee's proposal, which is attached as Exhibit A.
In consideration of the foregoing recitals, the parties agree as follows:
1. PROGRAM OF LEGAL SERVICES
Grantee shall conduct the program described in Exhibit A ("Program" or "Scope of
Services").
2. TERM OF AGREEMENT
The Term of this Agreement shall commence on November 1, 2017 and shall expire on
October 31, 2018, unless extended by the City or unless sooner terminated in accordance with
the terms of this Agreement.
3. USE OF GRANT AWARD; PAYMENT
a. City agrees to provide Grantee funding for those expenses associated with
performing, overseeing and implementing the grant project described in
Grantee's Proposal at Exhibit A, attached hereto and incorporated herein
by this reference, in accordance with the project budget contained therein
(`Budget"). The total amount of the grant funding from City to Grantee
shall be $65,000 ("Grant Award").
b. Payment of the Grant Award shall be released to Grantee within forty-five
(45) days of City's approval of this Agreement.
C. Grantee shall undertake and complete the Program as described and set
forth in Exhibit A.
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d. Grantee shall spend the Grant Award in accordance with the Budget in the
attached Exhibit A.
4. MONITORING AND EVALUATION
a. Grantee shall furnish, except where limited by attorney-client
confidentiality, all data, statements, records, information, and reports
necessary for the City to monitor, review and evaluate the performance of
the Scope of Services and its components. Grantee shall cooperate with
the City in the conduct of any evaluation of Grantee's Services. Grantee
shall farther cooperate to incorporate minor modifications that may be
discovered as necessary and appropriate as a result of feedback from the
monitoring and evaluation process.
b. Grantee shall share case -level data with the Vera Institute of Justice through
the Vera SAFE Cities Database and participate in interviews with Vera staff
to support the evaluation of the Project. The information gathered will be
key for developing evidence regarding the impact of representation across
the United States on a variety of measures and could be used to inform
future efforts to secure funding for new and existing representation
programs.
5. PROGRAM COORDINATION
a. The City Manager or his or her designee shall monitor the Grantee's
progress and performance of this Agreement.
b. Grantee shall assign a Program coordinator ("Grantee Coordinator") who
shall have overall responsibility for the performance of this Agreement by
Grantee. Should circumstances or conditions subsequent to the execution of
this Agreement require a substitute Grantee Coordinator, Grantee shall
notify City immediately of such occurrence. Grantee's staff shall cooperate
fully with the City with respect to all matters related to this Agreement.
C. Grantee's staff shall attend meetings as required or requested by City.
6. GRANTEE'S FISCAL REPONSIBILTIES; RETENTION OF MATERIALS
a. General Fiscal Responsibilities of Grantee. Grantee shall;
If applicable, appoint and submit to the City, the name of
a fiscal agent, who shall be responsible for the financial and
accounting activities of Grantee, including the receipt and
disbursement of the Grant Award installments.
ii. Establish and maintain a system of accounts for the Grant
Award that shall be in conformance with generally accepted
2
25B-10
accounting principles. Such system of accounts shall be
subject to review and approval of the City.
iii. Document all costs by maintaining complete and accurate
records of all financial transactions, including but not
limited to contracts, invoices, time cards, cash receipts,
vouchers, canceled checks, bank statements and/or other
official documentation evidencing in proper detail the nature
and propriety of all charges.
iv. Submit to the City at such tunes and in such forms as the
City may require, such statements, records, reports, data, and
information pertaining to matters covered by this
Agreement.
b. Records of Grantee
i. Grantee shall maintain records of all matters related to this
Agreement including, but not limited to, books, financial
records, supporting documents, statistical records, personnel
records, property records, and all other pertinent records
sufficient to reflect properly:
(A) All direct and indirect costs of whatever nature
claimed to have been incurred and anticipated to be
incurred in performance of this Agreement.
(B) All other matters covered by this Agreement .
ii. Grantee shall preserve and make available its records:
(A) For the period of three (3) years from the date of
expiration or sooner termination of Agreement; or
(B) For such longer period, if any, as may be required by
applicable law.
C. Examination of Records. At any time during normal business
hours, and as often as maybe deemed necessary, Grantee agrees that
the City, and/or any of its authorized representatives shall have
access to and the right to examine its plants, offices, and facilities
engaged in performance of this Agreement and all its records with
respect to all matters covered by this Agreement.
d. Audits. In the event that the City determines, from inspection of
records, or any other source, that there is a problem or discrepancy
25B-11
regarding Grantee's compliance with the terms and conditions of
this Agreement, including but not limited to the Project Budget, then
the City shall, in its sole discretion, have the right to require an audit
by an independent auditor at City's sole expense relating to the
Scope of Services and Grantee's compliance hereunder.
Notwithstanding the foregoing, the City shall have the right for any
reason whatsoever to pet -form, or car= to be performed an
independent audit. Such audits may cover programmatic as well as
fiscal matters.
ASSIGNMENT
Grantee shall not assign any rights or duties under this Agreement to a third party
without the express prior written consent of City. Grantee agrees that the City shall have
the right to approve any and all subcontractors and subconsultants to be used by Grantee
in the performance of this Agreement before Grantee contracts with or otherwise engages
any such subcontractors or subconsultants.
8. RELATIONSHIP OF PARTIES
It is understood and agreed by and between the parties that Grantee in the
performance of this Agreement, shall not act nor is it at any time authorized to act, as the
agent or representative of the City in any matter. Grantee further agrees that it will not in
any manner hold itself out as the agent or representative of the City or act in such a fashion
as would give the impression to a reasonable person that Grantee is acting in such a
capacity.
9. INDEMNITY
Grantee shall, to the fullest extent permitted by law, indemnify, protect, defend and
hold harmless City, and its employees, officials and agents ("Indemnified Parties") from
all claims, demands, costs, or liability (including liability for claims, suits, actions,
arbitration proceedings, administrative proceedings, regulatory proceedings, losses,
expenses or costs of any kind, interest, defense costs, and expert witness fees), but only in
proportion and to the extent that such claims, demands, costs, or liabilities are caused by
or result from the negligence, recklessness, or willful misconduct of Grantee, its officers,
employees, agents or volunteers, in the performance of services under this Agreement,
excepting only liability arising from the sole negligence, active negligence, or intentional
misconduct of City. If there is a possible obligation to indemnify, Grantee's duty to defend
exists regardless of whether it is ultimately determined that there is no obligation to
indemnify. The existence or acceptance by City of the insurance policies or coverages
described in this Agreement shall not affect or limit any of City's rights under this Section.
This Section shall survive expiration or sooner termination of this Agreement.
10. INSURANCE REQUIREMENTS
During the entire term of this Agreement, Grantee shall maintain the insurance
25B-12
coverage described in this Section. It is understood and agreed by the Grantee that its
liability to the City shall not in any way be limited to or affected by the amount of insurance
coverage required or carried by the Grantee in connection with this Agreement.
a. Commercial General Liability Insurance providing coverage on an
occurrence basis for bodily injury, including death, of one or more
persons, property damage, and personal injury, arising out of
activities perfornied by or on behalf of the Grantee, its sub -
consultants, and subcontractors, products and completed operations
of Grantee, its sub -consultants, and subcontractors, and premises
owned, leased, or used by Grantee, its sub -consultants, and
subcontractors, with limits of not less than one million dollars
$1,000,000 per occurrence, $2,000,000 in the aggregate. The policy
shall provide contractual liability and products and completed
operations coverage for the term of the policy.
b. Automobile Liability Insurance providing coverage for bodily
injury, including death, of one or more persons, property damage,
and personal injury, with limits of not less than one million dollars
($1,000,000) per accident. The policy shall provide coverage for
owned, non -owned, and/or lured autos as appropriate to the
operations of the Grantee.
C. Workers' Compensation Insurance with statutory limits, and
Employers' Liability Insurance with limits of not less than one
million dollars ($1,000,000). The Workers' Compensation policy
shall include a waiver of subrogation in favor of the City.
d. If applicable, Professional Liability Insurance providing coverage
on a claims made basis for errors, omissions, or malpractice with
limits of not less than one million ($1,000,000) dollars.
e. Additional Insured Coveraae
i. Commercial General Liability Insurance: The City, its
officials, employees, and volunteers shall be covered by
policy terms or endorsement as additional insureds as
respects general liability arising out of: activities performed
by or on behalf of Grantee, its sub- consultants, and
subcontractors; products and completed operations of
Grantee, its sub -consultants, and subcontractors; and
premises owned, leased, or used by Grantee, its sub -
consultants, and subcontractors.
ii. Automobile Liability Insurance: The City, its officials,
employees, and volunteers shall be covered by policy terms
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or endorsement as additional insureds as respects auto
liability.
f. Grantee shall require and verify that all sub -consultants and
subcontractors maintain insurance coverage that meets the
minimum scope and limits of insurance coverage specified in this
Section above.
11. INDEPENDENT CONTRACTOR
It is understood and agreed that Grantee (including Grantee's employees) is an
independent contractor and that no relationship of employer-employee exists between the
parties hereto for any purpose whatsoever. Neither Grantee nor Grantee's assigned
personnel shall be entitled to any benefits payable to employees of City. City is not
required to make any deductions or withholdings from the Grant Award. As an
independent contractor, Grantee hereby agrees to indemnify and hold City harmless from
any and all claims that may be made against City based upon any contention by any of
Grantee's employees or by any third party, including but not limited to any state or federal
agency, that an employer-employee relationship or a substitute therefor exists for any
purpose whatsoever by reason of this Agreement or by reason of the nature and/or
performance of any services under this Agreement.
12. SUSPENSION OR TERMINATION
City shall have the right at any time to temporarily suspend Grantee's performance
hereunder, in whole or in part, by giving a written thirty -day notice of suspension to
Grantee. If City gives such notice of suspension, Grantee shall immediately suspend its
activities under this Agreement, as specified in such notice. Nothing in this Agreement
shall be deemed to be a waiver of the City's right to recover from Grantee any portion of
the Grant Award that has not been spent in accordance with this Agreement or that has
not been spent as of the date of notice under this subsection.
13. FUNDING AVAILABILITY
It is understood and agreed that funding is contingent on there being sufficient
funds within the City's budget. If the City lacks funding within its budget, the Agreement
shall have no further force and effect. If there is a lack of funding or should funds became
unavailable after the effective date of the Agreement, the City shall have no liability to pay
any funds to the Grantee or to furnish other consideration under this Agreement and the
Grantee shall not be obligated to continue to perform any services under the provisions of
this Agreement. It is also understood that funds for the Grant Program must be
appropriated and approved by City Council. City Council has the authority to reduce or
eliminate funding of this Grant Program, without cause or justification, with no liability
occurring to the City.
14, STANDARD OF PERFORMANCE
Grantee shall perform all services performed under this Agreement in the manner and
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according to the standards ctm•ently observed by a competent practitioner of Grantee's
profession. Grantee shall assign only competent personnel to perform services under this
Agreement. Grantee shall notify City in writing of any changes in Grantee's staff assigned to
perform the services under this Agreement prior to any such performance.
15. CONFLICTS OF INTEREST
Grantee covenants that neither it, nor any officer or principal of its corporation, has
or shall acquire any interest, directly or indirectly, that would hinder Grantee's performance
of services under this Agreement. Grantee further covenants that in the performance of this
Agreement, no person having any such interest shall be employed by it as an officer,
employee, agent or subcontractor, without the written consent of City. Grantee agrees to
avoid conflicts of interest or the appearance of any conflicts of interest with the interests
of City at all times during the performance of this Agreement.
16. NHSCELLANEOUS
a. Entire Agreement. This Agreement, including all Exhibits, contains the
entire agreement between the parties and supersedes whatever oral or
written understanding the parties mayhave had prior to the execution of this
Agreement.
b. Modification. No modification or change to the terms of this Agreement
will be binding on a party tuiless in writing and signed by authorized
representatives of the parties.
c. Compliance with Laws. Grantee shall perform all services described herein
in compliance with all applicable federal, state and local laws, rules,
regulations, and ordinances, including but not limited to, (i) the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101, et seq.) ("ADA"), and any
regulations and guidelines issued pursuant to the ADA; and (ii) Labor Code
sections 1720, et seq., which require prevailing wages (in accordance with
DIR determinations at www.dir.ca.aov) be paid to any employee
performing work covered by Labor Code sections 1720 et seq.
d. Non-discrimination. Except as permitted by law, Grantee shall not, because
of the race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, generic information, marital
status, sex, gender, gender identity, gender expression, age, sexual
orientation, or military and veteran status of any person, refuse to hire or
employ the person or refuse to select the person for a training program
leading to employment, or bar or discharge the person from employment or
from a training program leading to employment, or discriminate against the
person in compensation or in terns, conditions, or privileges of
employment.
e. Governing Law: Venue. This Agreement shall be governed, construed, and
enforced in accordance with the laws of the State of California. Venue of
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any litigation arising out of or connected with this Agreement shall lie
exclusively in the superior court in Orange County in the State of California,
and the parties consent to jurisdiction over their persons and over the subject
matter of any such litigation in such court, and consent to service of process
issued by such court.
f. Waiver of Rights. Any grant award or acceptance by City of any service
performed by Grantee under this Agreement, any waiver by City of any
default, breach or condition precedent, shall not be construed as a waiver of
any provision of this Agreement by City, nor as a waiver of any other
default, breach or condition precedent or any other right hereunder.
g. Successor and Assigns. Grantee binds itself, its partners, successors, legal
representatives and assigns to City with respect to all promises and
agreements contained herein.
h. Authority to Sign. The signers of this Agreement have the capacity and are
authorized to execute this Agreement as the representatives of their
respective parties, and to bind said parties to the terms hereof. This
Agreement is subject to the approval by each party's governing body.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first herein above set forth.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By: /)v
ron M. Funk
Assistant City Attorney
FOR APPROVAL
ROBERT CORTEZ
Deputy City Manager
CITY OF SANTA ANA
CYNTHIA J, KURTZ
Interim City Manager
GRANTEE
Name:
Title:
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EXHIBIT A
Santa Ana/SAFE Cities Proposal Cover Sheet
i• Organization Name: Immigrant Defenders Law Center
• Street Address: 634 S. Spring Street, 30th Floor
• City: Los Angeles
• State: CA
• Zip Code: 90026
• Primary Contact Name: Lindsay Toczylowski
• Primary Contact Title: Executive Director
• Primary Contact Telephone Number: (213) 634-7181
• Primary Contact Fax Number: (213) 282-3133
• Primary Contact Email: Lindsav@immdef.ors
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Program Operation Plan
Describe, generally, your organization's qualifications as outlined in the Evaluation Criteria above. In
particular, please detail your organization's experience representing immigrants In removal
proceedings for the last three years.
The numbers in the following table represent new cases accepted for each of the past
three calendar years, In total, ImmDef NQRP program represents 122 individuals who
are non -detained and 27 individuals who are currently detained.
Adults
Year
Detained
Non -detained
2015
44 (Adelanto)
11 (Los Angeles)
2016
4 (Los Angeles)
310 (Los Angeles)
2016
11 (Adelanto)
6 (Los Angeles)
7 (Los Angeles)
January -June
14 (Adelanto)
12 (Los Angeles)
2017
4 (Los Angeles)
Unaccompanied Minors
Year
Detained
Non -detained
2015
23 (Los Angeles)
120 (Los Angeles)
2016
32 (Los Angeles)
310 (Los Angeles)
January -June
2017
47 (Los Angeles)
125 (Los Angeles)
Immigrant Defenders Law Center (ImmDef) is a next -generation social justice law firm
that defends immigrant communities against systemic injustices in the legal system.
Founded in 2015 by a group of experienced public interest immigration lawyers,
ImmDef provides direct representation based on a universal representation model.
This means that ImmDef does not screen clients based on eligibility for legal relief nor
do we exclude clients who are otherwise eligible for our services based on criminal
history or other adverse factors. At ImmDef we believe that the right to counsel in
immigration court is a necessary step towards ensuring due process for all, and our
model of representation is built on this principle. It is our long-term goal to ensure
that no immigrant is forced to go to court alone.
ImmDef has steadily grown to be the largest non-profit, pro bono provider of
deportation defense in Southern California. Our team of 25 attorneys and 22 support
staff members provide full-scale deportation defense and legal education classes to
approximately 1900 adults and children in Southern California annually. Our current
service area includes the counties of Los Angeles, Orange, Riverside, San Bernardino,
25B-18
Ventura, Kern and Santa Barbara. ImmDefs headquarters are located in downtown
Los Angeles and we have a satellite office in Riverside.
Our current programs defend the most marginalized groups in our community,
including unaccompanied immigrant children, community members targeted by
increased ICE enforcement, and detained adults with serious mental health
conditions. Without ImmDefs intervention, these individuals would be forced appear
alone and defend themselves against a highly -trained ICE attorney before an
immigration judge.
Because of ImmDeYs unique model of universal representation, we do not waste
resources on screening out clients; rather, by working more efficiently, we increase
the total number of individuals who can receive representation. ImmDeYs Children's
Representation Project provides legal representation to nearly 600 children each year,
Including refugees, unaccompanied children and foster youth, and is one of the largest
programs in the country. Our representation includes advocacy before the
immigration courts, U.S. Citizenship and Immigration Services, and California state
courts. This project is complemented by our Detained Youth Empowerment Project,
which conducts "Know Your Rights" classes and legal screenings for nearly 1300
children detained in immigration detention shelters in the greater L.A. area. ImmDefs
Adult Representation Project represents over 150 detained and recently released
adults who are deemed incompetentto represent themselves and entitled to court-
appointed counsel pursuant to the class action settlement in Franco -Gonzalez v.
Holder ("Franco").
Over the past year, ImmDef has expanded its work to include representation of
individuals seeking post -conviction relief so that they may avoid suffering immigration
consequences of criminal convictions. With the support of the California Bar
Foundation, the California Community Foundation and the Weingart Foundation,
ImmDef has added two staff attorneys dedicated solely to rapidly responding to ICE
enforcement in our communities. Through this expansion, ImmDef has been able to
extend our services to underserved immigrant populations, including those living in
the Inland Empire.
Describe your plan for intaking clients. Be specific as to how you will come into contact with clients for
the first time. Organizations should propose options consistent with the principle of universal
representation of those eligible under this contract.
Like all our representation programs, ImmDef will run our intake system on a universal
representation model. Potential clients will be screened for eligibility based solely on
contract guidelines.
ImmDef will identify prospective clients through partnerships with organizations
currently serving individuals detained in Orange County immigration detention
facilities. Because of the time and funding limits of the contract, ImmDef will focus its
efforts to represent Santa Ana residents, or other Orange County residents, detained
in Orange County at the Musick and Theo Lacy facilities. Based on our experience,
Orange County detention facilities include a high number of Santa Ana/O.C. residents
25B-19
who do not have access to counsel. Additionally, without the added cost of travel
from Orange County to Adelanto, ImmDef will be able to guarantee representation to
more individuals if representation is focused solely on those detained at Musick and
Theo Lacy, Nevertheless, ImmDef will continue to assist Orange County residents at
the Adelanto Facility through our Rapids Raid Response attorneys.
Within the first month of receiving the grant, ImmDef will set up a referral system
where partner organizations can refer prospective clients. These partner organizations
include current legal service providers conducting informal Legal Orientation Programs
(LOP) at Musick and Theo Lacy, as well as community based organizations serving the
needs of immigrant communities living in Santa Ana or surrounding areas. ImmDef
will request that LOP providers refer all pro se detainees identified as Santa Ana/O.C.
residents to ImmDef for screening for representation. ImmDef will simultaneously
accept referrals of Santa Ana/O.C. residents detained at Theo Lacy or Musick from
Orange County -community based organizations. Upon receipt of a referral, ImmDef's
Orange County -based staff attorney will conduct further screening of the client to
ensure eligibility. If the client is eligible under the contract, the attorney will offer
representation on the spot. Priority will be given to Santa Ana residents but if Santa
Ana residents have not been identified or decline representation, then ImmDef will
represent other O.C. residents.
ImmDef anticipates that our O.C.-based staff attorney will spend 2 to 4 days per
month to follow-up on referrals and screen clients. We anticipate that we will accept
approximately 4-6 new cases for each month during the first half of the contract year.
This number will of course vary according to the specific circumstances presented in
each case.
Describe your proposed program model for representing detained Immigrants. Please specify how you
plan to serve eligible clients and what, if any, prior relationships you have with area detention centers
that will help facilitate your program. Describe how your organization will provide competent and
effective representation for the entire scope of the case, including for cases that may be pending
beyond the current grant year. Estimate how many people you plan to serve through your proposed
program model. Please identify estimated case costs, metrics, and expected outcomes.
Proposed Program Model:
ImmDef's representation model is based on a universal model of representation.
ImmDef has never denied representation to anyone based on their lack of eligibility
for relief, complexity of issues, or for any other reason. Because of ImmDef's universal
representation model, ImmDef staff have extensive experience representing detained
individuals in removal proceedings. ImmDef attorneys are in immigration court on a
near -daily basis and are adept at handling all types of cases, including working with
clients who have extremely complex immigration and criminal histories. Additionally,
ImmDef is very familiar with the realities and constraints of representing individuals
detained at Musick and Theo Lacy because some of our clients are currently detained
at these facilities. Given ImmDef's experience in deportation defense, ImmDef is well -
0
25B-20
positioned to replicate Its universal representation program for Santa Ana residents,
or other Orange County residents, detained in O.C. and facing imminent deportation.
Estimated Numbers of Clients to be Served:
Based on ImmDefs proposed budget, ImmDef seeks to serve an additional 35-40
clients in O.C. with these funds. The actual number served will depend on factors
beyond our control such as: the number of individuals who have no relief available to
them or who seek voluntary departure, the number of individuals whose cases
proceed to a trial (merits hearing) while detained versus clients released on bond, and
the level of cooperation from EOIR or ICE in assisting with client accessibility and case
calendaring. We intend to "front load" acceptance of clients during the first 7 months
of the contract to minimize the numbers of cases that could last beyond the funding
year. Nevertheless, we expect and understand that many cases will require
representation beyond the contract year because of the immigration court backlog for
individuals who are released from detention but whose cases are still pending final
adjudication. For these clients, ImmDef is committed to continue our representation
of them beyond the contract year and until final adjudication.
Given our budget of $165,000, the proposed metrics leave us with a case cost of
$4125-$4714.
Expansion of ImmDefs existing Direct Representation Programs:
ImmDef currently represents approximately 700 Immigrants in removal proceedings at
any given time, including over 100 adult clients who are either detained in or recently
released from the Theo Lacy, Musick or Adelanto Detention Facilities. Our Adult
Representation Project primarily serves individuals designated as Franco class
members; however, through recent funding, we have expanded our services to
include individuals unfairly targeted by ICE's increased enforcement efforts. Funding
for our Children's Representation Program is limited to minors and young adults
designated as unaccompanied children by the Department of Homeland Security.
With the support of the City of Santa Ana and Vera's Safe Cities initiative, ImmDef will
be able to further our mission and expand our services to underserved detained
populations including O.C. residents at Theo Lacy and Musick. Unlike at the Adelanto
Detention facilitythat has an EOIR-funded LOP program, individuals detained at Theo
Lacy and Musick do not have regular access to legal service providers, making
representation services even more imperative.
Additionally, and equally important, ImmDef also expects to expand its physical
presence in Orange County. Even though ImmDef has already been representing
Santa Ana and O.C. residents, this opportunity will allow ImmDef to establish Itself
physically in Orange County through a satellite office in Santa Ana. While we would
only have one attorney based in the office to start, we would look to expand this
office through additional state and local funding available to us in the future. ImmDef
firmly believes in the importance of engaging with the local community and building
relationships with the communities we are serving. As such, ImmDef has already
25B-21
begun to inquire with Santa Ana -based immigrant rights organizations that may be
interested in hosting our satellite office during our first year.
Substantively, the services provided will be identical to the quality and extent of
representation services that ImmDef currently provides. We intend to provide full-
scale removal defense to clients served underthis grant and will represent them
through final adjudication of their immigration case, which includes all EOIR hearings
(detained and released), bond, USCIS applications and a limited number of BIA
appeals.
To expand our capacity for this project, ImmDef will either internally promote or hire
an experienced removal defense attorney to be our managing attorney working under
the supervision of our experienced leadership team. This managing attorney will be
responsible for supervising the staff attorney who will either internally transfer or who
will be hired from a pool of new applicants. To complete our Orange County team, we
will transfer 25% of the time of our senior paralegal, Nadia Montenegro, onto this
contract. Nadia is one of our most experienced staff members and will add greatly to
the efficiency of starting this new initiative. Nadia will focus on data collection and
providing legal support to our managing and staff attorney.
Supervision Model:
ImmDef will follow its supervision model that is used in our other representation
programs. Our assigned staff attorney and senior paralegal will be closely supervised
by the managing attorney, where they will have weekly one-on-one meetings and in-
person check -ins to address any issues with their workloads. These meetings will
contain periodic trainings and peer-to-peer presentations on current law trends and
issues, including discussion of relevant case law updates, In addition, directing and
managing attorneys will be available to discuss case strategy and substantive law
questions. The meetings will also be opportunities for case review in a group setting
with other attorneys engaged in detained removal defense, which maximizes
resources and saves time.
Our managing attorney will in turn be directly supervised by our directing attorney,
Meeth Soni, who oversees all of ImmDef's adult removal defense programs. Meeth is
also very familiar with Orange County where she worked for seven years as a staff
attorney at the Public Law Center (PLC). At PLC, Meeth established and oversaw a
detained deportation defense practice that focused primarily on torture survivors
detained in Orange County. Meeth was also responsible for running the informal LOP
at Musick which she transferred to Public Counsel upon her departure from PLC.
Anticipated outcomes and Impact of Services:
ImmDef expects our high-quality representation to have a profound effect on the
clients we serve. In our other representation programs, ImmDef attorneys routinely
utilize new, creative options to defend our clients from deportation and we have high
rates of success. Even in cases where we are unable to secure immigration relief for
25B-22
community members, our attorneys play an important role by showing our clients and
their families that they are not alone through this process.
The impact of this project will be most concretely evident in the number of clients
served through the program, and the impact of representation on the outcome of
those clients' cases. We will be able to measure this impact by the sheer numbers of
clients receiving representation, but also by comparing the outcomes of cases of those
clients who receive representation with the outcomes of unrepresented detainees.
This data will be readily available through our internal case management software and
government -maintained immigration court data.
Another Important indicator of the project's impact will be the number of Orange
County area residents who receive an intake screening even if ultimately, they are
unable to receive representation through the project due to financial or residency
factors. The screening in and of itself is an important benefit to a potential client as
we will be able to use it to orient the detainee to the Immigration removal process
and offer them options outside of our services such as referrals to reputable private
attorneys.
In addition to the sheer number of clients served under the project and the outcome
of the cases, it will be important to measure the qualitative impact of these services
on our clients, their families and our communities. We will measure this impact
through follow-up surveys of clients, asking about the effect the representation
services had on their ability to return to their communities. Through a post -services
survey or questionnaire, we will best be able to identify clients who are successfully
reintegrating into our communities and highlight this for local media and Santa Ana
elected officials. This will ultimately enable us to build support for continuing funding
for removal defense in Orange County.
ImmDef would also be interested in facilitating meetings between clients whose cases
are successfully completed and the Santa Ana City Councilmember whose district they
live in so that we may directly show elected officials the Impact of the program on
their constituents.
Please use the table below to estimate of the number of hours spent, by position, on each type of
case.
Please note, for the table below, we gathered this hourly data from an analysis of our
billing for our NQRP cases over the past year. For the supervising attorney we have only
included the data as if the supervising attorney is supporting a case assigned to a staff
attorney, not if the case is assigned to them. Of course, for cases assigned to the
supervising attorney, the amount of hours spent on the case would be closer to the
hours spent by a staff attorney on a similar cases.
Additionally, this chart only reflects work that under our NQRP program is billed
specifically to an individual client for the merits of their case, but not for the associated
bond hearings. Since bond hearings are separate proceedings that require preparation
25B-23
and hearings, they often times can add another 35-45 hours to a case. Additionally, this
chart does not reflect general case review sessions which we do with all attorneys
weekly, related administrative or attorney training time, or other non -client specific
activities that prepare our legal team to competently represent our clients.
What is your staffing plan for each type (i.e., by application type) of case, by position, including all
relevant members of the legal team?
ImmDef does not differentiate our staffing plans by case type, as the activities each
staff member is responsible for do not change dependent on the type of relief we are
seeking. However, we do have general guidelines for staff that delineate what types
of activities each position on our legal team is responsible for in a deportation defense
case. Please see the list below for general information on what activities each legal
team member engages in for our cases:
Managing Attorney (for cases where they are not the primary attorney):
• Review of legal filings and briefs;
• Support with development of case strategy;
• Support with preparation for trials;
• Monitoring workloads to ensure competency of representation;
• Overall responsibility for ensuring that data collection and submission
protocols are being followed.
Staff Attorney:
• Client screening and intake;
• Development of case theory and strategy;
25B-24
Supervising
Senior
Staff
Legal
Total Number of
Attorney
Staff
Attorney
Assistant
Hours
Attorney
# hours
# hours
# hours
# hours
Sum of hours
LPR
60
N/A
240
42
321
cancellation
Non-LPR
32.5
NIA
130
51
213.5
cancellation
Persecution
42.5
N/A
170
47
259.5
(all 1-589)
Voluntary
5
N/A
20
6
31
departure only
No relief
2.5
N/A
20
2.5
25
application
What is your staffing plan for each type (i.e., by application type) of case, by position, including all
relevant members of the legal team?
ImmDef does not differentiate our staffing plans by case type, as the activities each
staff member is responsible for do not change dependent on the type of relief we are
seeking. However, we do have general guidelines for staff that delineate what types
of activities each position on our legal team is responsible for in a deportation defense
case. Please see the list below for general information on what activities each legal
team member engages in for our cases:
Managing Attorney (for cases where they are not the primary attorney):
• Review of legal filings and briefs;
• Support with development of case strategy;
• Support with preparation for trials;
• Monitoring workloads to ensure competency of representation;
• Overall responsibility for ensuring that data collection and submission
protocols are being followed.
Staff Attorney:
• Client screening and intake;
• Development of case theory and strategy;
25B-24
• Keeping case notes and other case related data current;
• Preparing declarations and gathering evidence for cases;
• Preparing forms for legal filings with USCIS and EOIR;
• Writing legal briefs for immigration court;
• Preparing clients and families for immigration court;
• Appearing at all hearings for clients;
• Preparing and submitting any related appeals.
Paralegal:
• Initial creation of client in case management system and creation of physical
file;
• Assisting with calendaring and keeping communal calendars;
• Requesting criminal, immigration and other vital records;
• Filling out first drafts of immigration forms;
• As needed, assisting with declarations, particularly of family members;
• Ensuring all data is up-to-date and complete for all cases under a contract.
Describe your organization's plan for complying with data reporting requirements. Specifically address
your organization's capabilities to continue to report on all cases represented by your organization
under this grant through the ultimate dispositions of those cases, some of which will inevitably
continue long after the end date of the subcontract.
Tracking Caseloads and Data:
ImmDef utilizes a case management software, Cerenade, that allows us to keep track
of vital data on our cases including client biographic information, case milestone data,
hearings, outcomes and filings. The Cerenade system allows our attorneys to input
case notes, and we train attorneys to enter a note for every event on a case from
phone calls to hearings. Our supervisors can review these case notes or data anytime
to ensure that a given attorney's caseload is moving along properly, and to offer
support for staff attorneys whose filing goals are not being met. In preparation for
ane -on -one check -ins with supervisees, our managing attorneys review the attorney's
caseload by printing reports from Cerenade, and then address any questions or
discrepancies they have observed.
ImmDef staff are adept at tracking outcome data for our federal contracts, and
tracking data related to this new project's intakes, case development, time spent on
tasks, filings, hearings and outcomes will be easily implemented. We already collect
much of this quantitative data on all of our cases through our case management
software, Cerenade. Additionally, all of our staff are accustomed to Vera's data
collection methods and we do not anticipate any issue with submission of data related
to cases accepted under this contract. Lastly, we would have no issue continuing to
25B-25
provide this data through the conclusion of each case regardless of whether that
conclusion is reached during the contract year.
Share additional information as you see fit, including any additional funding available to your
organization to support the proposed services.
Support for this Program:
While ImmDef does not have additional funds to use specifically to supplement
representation work in Orange County at this time, ImmDef is committed to utilizing
our other resources to support this program. Specifically, ImmDef intends to utilize
our two Raids Rapid Response (RRR) Attorneys to respond to issues of increased ICE
enforcement targeting Orange County residents as needed. Our RRR Attorneys can
also provide support to the OC -based staff attorney to maximize the impact of their
direct representation and ensure that we can accept as many cases as possible under
the contract,
It should be noted that ImmDef estimates that our actual costs for this program will be
between $175, 000 to $180,000 (dependent on salaries offered to staff), not
$165,000. To keep the program within the $165,000 budget allocated, we have
eliminated or reduced costs such as salaries, IT equipment, interpreters for non -
Spanish speaking clients, and lowered our G & A rate to 12% from our standard
13%. ImmDef is committed to providing the services for $165,000 by cutting costs
where possible (for example, seeking in-kind donations for office and IT equipment)
and supplementing from our reserve funds as needed during this pilot year. We hope
to use these funds to launch a permanent ImmDef presence in Santa Ana that can be
supplemented with funding from the State of California in the future.
Staffing Note:
Attached you will find the resumes for our executive director, Lindsay Toczylowski,
and our directing attorney, Meeth Soni. Both are experienced immigration law
attorneys who would be responsible for the overall vision and management of our
Orange County initiative. However, we do have other key staff who may be
considered for lateral transfers or promotions into managing attorney or staff
attorney positions within this initiative should we be granted the contract. You will
find bins for these key staff pasted below.
Ailin Buigues, Managing Attorney (SBN 291790)
Ailin is a founding member and a Managing Attorney of the Children's Representation
Project (CRP) at ImmDef, Her practice focuses on detained and released children facing
deportation, and her broad knowledge of Special Immigrant Juvenile Status (SIJS) cases
and asylum law informs her work as a principal supervisor of the CRP team. Previously,
Ailin was staff attorney at Esperanza Immigrant Rights Project, where she represented
children and adults seeking humanitarian and survivor -based visas. She also provided
"Know Your Rights" presentations to adults and children in immigration detention. She
10
25B-26
earned her Juris Doctor from Loyola Law School in Los Angeles, California and is a
member of the State Bar of California. During law school, Ailin advocated on behalf of
several underrepresented communities in Southern California as a law clerk at
CARECEN, Loyola Law School's Juvenile Justice Clinic, and Esperanza Immigrant Rights
Project. Ailin is a member of the American Immigration Lawyers Association. Alin was
born in Buenos Aires, Argentina and credits her hard-working immigrant parents for her
commitment to social justice for marginalized communities.
Amanda Schuft, Staff Attorney (SBN 299004)
Amanda Is a staff attorney with ImmDef, working in the Adult Representation Project
(ARP) where she manages a caseload of recently released and detained immigrants with
mental health issues. Amanda is a specialist in complex deportation defense cases,
including those complicated by criminal convictions, complicated immigration histories
and asylum. Amanda represented clients who are detained at the Adelanto, Theo Lacy
and Musick detention facilities. Previously, Amanda represented unaccompanied
children in deportation proceedings with Esperanza Immigrant Rights Project. Amanda
graduated from Universityof Oregon School of Lawand received a Post -Graduate Public
Interest Fellowship and the Nicole Richardson Outstanding Public Interest Award. While
in law school, Amanda worked with the Florence Immigrant and Refugee Rights Project,
the Civil Liberties Defense Center in Eugene, Oregon, and Catholic Charities Immigration
Legal Services in Portland, Oregon. Amanda earned her B.A. from Lewis and Clark
College in Portland, Oregon.
Kayleen Hartman, Pro Bono Coordinator (SBN 802631)
Kayleen Hartman is the Pro Bono Coordinator for the Children's Representation Project
(CRP) at ImmDef. She represents unaccompanied minors facing deportation and
recruits, trains, and mentors volunteer attorneys to increase CRP's capacity. Kayleen is
a member of the American Immigration Lawyers Association (AILA). Kayleen came to
ImmDef from Ayuda, a Washington D.C. immigration organization, where she worked
with unaccompanied minors. Prior to that, she worked as policy counsel for human
trafficking issues at Shared Hope International, and as an Adjunct Professor of Law at
Georgetown University. She was a fellow at Georgetown's Human Rights Institute,
where she worked on a school -to -prison pipeline project. She also created an advocacy
project on human trafficking and business transparency. She represented asylum
applicants in a law school clinic, worked on human rights and human trafficking
litigation at Human Rights USA and International Rights Advocates, and advocated for
human rights issues at other organizations domestically and internationally. Kayleen
received her B.A. from Davidson College and herJuris Doctor and Certificate in Refugee
and Humanitarian Emergencies from Georgetown University Law Center. She is a 2011
recipient of Georgetown Law's Bettina Prukmayer Award for Human Rights.
Mayra Gamez, Staff Attorney (SBN 297298)
Mayra Gamez is a Staff Attorney at ImmDef with the Adult Representation Project
where she handles a caseload of complex detained and released deportation defense
11
25B-27
clients. Prior to joining ImmDef, Mayra worked at the Immigration Center for Women
and Children ("ICWC") In Los Angeles, where she served as appointed counsel under
Franco -Gonzalez v. Holder for individuals in removal proceedings who are found
incompetent to represent themselves. She received her J.D. from Pennsylvania State
University, Dickinson School of Law and her B.A. from Colgate University,
12
25B-28
13
25B-29
25B-30
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Name of Organization_ Immigrant Defenders Law Center
Date 9/7/17
Budget Narrative
PERSONNEL EXPENSES:
SALARIES (by staff member, Including title and FTE)
FRINGE COSTS (please specify how they are calculated):
Fringe Benefit Costs: The fringe benefit costs for ImmDef are calculated by dividing the sum of all the
fringe costs for our staff by the total of the salaries of all of ImmDefs staff. The fringe costs include
100% coverage of employee medical, dental and vision benefits, 75% coverage for dependents,
anticipated matching contributions to our current 401K plans, life insurance, and other employee
benefits Including generous vacation/leave packages.
OTHER THAN PERSONNEL EXPENSES (OTPE):
Overhead (rent, utilities, etc— you can also break out each Item)
RENT & OCCUPANCY
This covers our rent in Los Angeles, Riverside, and Santa Ana security, janitorial services and utilities:
$19,221 monthly total
Scheduled rent increase during second six months of OY2: $2,216.88
Additionally, we pay for parking at our building for all staff: $3600 monthly total
These costs have been proportionally allocated to this budget by the percentage of our total FTE, 1.75
out of 47 staff = 3.7% of our total staff
2017 -SAFE Cities Contract
25B-31
n
Annual
Annual Salary
Staff Name
Position
%FTE
Total
Salary
+Fringe
Managin
TSD
0.50
$ 41,875.00
Attorney
67,000.00
3,750.00
TBD
1.00
$ 2,500.00
Attorney
8,000.00
2,500.00
Nadia Montenegro
0.25
$ 14,375.00
paralegal
6,000.00
57,500.00
FRINGE COSTS (please specify how they are calculated):
Fringe Benefit Costs: The fringe benefit costs for ImmDef are calculated by dividing the sum of all the
fringe costs for our staff by the total of the salaries of all of ImmDefs staff. The fringe costs include
100% coverage of employee medical, dental and vision benefits, 75% coverage for dependents,
anticipated matching contributions to our current 401K plans, life insurance, and other employee
benefits Including generous vacation/leave packages.
OTHER THAN PERSONNEL EXPENSES (OTPE):
Overhead (rent, utilities, etc— you can also break out each Item)
RENT & OCCUPANCY
This covers our rent in Los Angeles, Riverside, and Santa Ana security, janitorial services and utilities:
$19,221 monthly total
Scheduled rent increase during second six months of OY2: $2,216.88
Additionally, we pay for parking at our building for all staff: $3600 monthly total
These costs have been proportionally allocated to this budget by the percentage of our total FTE, 1.75
out of 47 staff = 3.7% of our total staff
2017 -SAFE Cities Contract
25B-31
Name of Organization Immigrant Defenders Law Center
Date 9/7/17
Budget Narrative
LOCAL TRAVEL
ImmDef uses the federal mileage rate when reimbursing our staff for local travel. For this project,
ImmDef expects our staff attorney to drive from an office In Santa Ana to our main office in downtown
Los Angeles once a week, from Santa Ana to the James A. Musick Facility once per month, and from
Santa Ana to immigration court in downtown Los Angeles an additional twice per month.
Additionally, we expect our Supervising Attorney to need to travel from our DTLA office to the ImmDeYs
Santa Ana office space twice per month, and from the DTLA office to the James M. Musick Facility twice
per month.
Mileage rate: $0.54/mile ImmDef uses the federal rate.
Roundtrip mileage for each trip from Santa Ana office:
*To ImmDef Office: 66 miles + Parking in DTLA
*To James A. Musick Facility: 30 miles
*To Immigration Court In downtown Los Angeles: 68 miles + Parking in DTLA
Total Cost: ((66*52) *0.54 + (7*52) + (30*12)*0.54 + (68*24)*0.54 + (7*24)) + ((66*24)*0.54 + (7*24) +
(30*24)*0.54)) _ $4,873.12
SUPPLIES
ImmDeYs office supply costs are $8,500 per year. This cost has been proportionally allocated to this
budget by the percentage of our total FTE, 1.75 out of 47 staff = 3.7% of our total staff.
PRINTING & COPYING
ImmDeYs printing and copying costs (which include maintenance of equipment, toner, ink and paper)
are $7,500 per year. This cost has been proportionally allocated to this budget by the percentage of our
total FTE, 1.75 out of 47 staff = 3.7% of our total staff.
POSTAGE/SHIPPING
ImmDef's postage costs are $9,000 per year. This cost has been proportionally allocated to this budget
by the percentage of our total FTE, 1.75 out of 47 staff = 3.7% of our total staff.
TELEPHONE
The cost of our phone (both office phone, fax and cell phone stipends to staff) which Is $1464.32 per
month has been proportionally allocated to this budget by the percentage of our total FTE, 1.75 out of
47 staff = 3.7% of our total staff.
INTERNET
The cost of our internet through Time Warner Cable which is $559 per month has been proportionally
allocated to this budget by the percentage of our total FTE, 1.75 out of 47 staff= 3.7% of our total staff.
2017 -SAFE Cities Contract
25B-32
Name of organization Immigrant Defenders Law Center
Date 9/7/17
Budget Narrative
DATABASE/CASE MANAGEMENT SOFTWARE
ImmDef utilizes an online server/database system through Microsoft Office 365 and Sharepoint. The
cost of this system Is $340.55 per month which has been proportionally allocated to this budget by the
percentage of our total FTE, 1.75 out of 47 staff = 3.7% of our total staff.
GOVERNANCE AND ADMINISTRATION RATE (G&A Rate):
ImmDef calculates this rate by dividing the costs listed below by ImmDef's total budget to get the % of
the overall budget that these costs represent. This comes out to 14%. We have allocated this equally to
each staff position as a percentage based on their base salary.
This rate covers the following costs:
• Executive and Administrative Support Salaries
• Insurance of Various Types (Including malpractice)
• Accounting
• Audit
• Payroll Processing
• Taxes
• Bank Fees
• Legal Fees
• Human Resources
2017 -SAFE Cities Contract
25B-33
Immigrant Defenders Law Center Page 1
BUDGET
Immigrant..
2017REVENUE
I CONTRBUTED.SUPPORT
et
mom
i
INDIVIDUAL/ BUSINESS CONTRIBUTION
Individual donations
0.9Y° $
- 35,000
Business- corporate contributions
Other
0.0%'$
< 1 • ° .1 ' � r'1L'f..G1�4511k�1�1#�Q°];ar '�LA��t(�);.� ,
r
�
GRANTS - - -
•
_
CCF
12°/ i$ i•f
:. :"' . ".' .' „50,000'
USC
1.09A $._';
'._.-`-- ' ^i•.;40,000
California Bar Foundation
•_
Weingad Foundation
1.9% $;',t'
•;,;, >,_ _ . _ : 75,000
6i1-i[5i1 ,YD717fl(1 Md•71 int
}
it77
i lYoSC_1L6I°Lli 1IiUY1706i9,7 el•if.
1
ER
! EARNED REVENUE -
CONTRACTS' _-,
-
„-
VERAUAC-GLIM
3.37. $
132753`
VERA UAC-CLIN2
4.7%.$'.-
•'_ _,188,646
VERAUAC-CLIN3_,2,427,482
VERA-NORP
25.1%.$
_ - -,: 7,014,998'
CriBenton URM
1.5%'g „-
.,.60,000,
WWII
OTHER REVENUE -SPECIAL EVENTS, Y
Special event and other revenue
0.0°%�$
1355
TOTALii,
EXPENSES
.
4,046,900
_ PERSONNEL:''
;
Salary. . Ben'etits', I - ,FTE
Subtotal •Proram Staff
9 $
2,180,340 $ 449,999
°
77%r$
-
2,852,338
•
I OTHER -PERSONNEL" EXPENSES'
- ...
g
Accounting 8Aud0
1.4% -„-,-
.52,500
HR (ind. Payroll)
0.7%'1$ . --
.. -_. _ .... -...24,984.
Interpretation Services
0:2% $
..... 5,900-
Legal Expenses
0.0%,
Litigation Contractors
1.2%$” "'-:,,,.�
-_.�", 45,000
Research Services
0.1% $
- 4,184
Professional and Temp Services
0,1% -
�$ _
^
' 4,705,.
_
G �C it?A
t!4' i
SliW
NON, -PERSONNEL
;
Office Supplies
Pp
0.6%$,, .
-„, , 22,835
Telecommunicehons(Phone-Internet)
0.9°%�$:
Annual Budget Pagel
25B-34
Immigrant Defenders Law Center Page 2
BUDGET
Annual Budget Page 2
25B-35
Immigrant Defenders Law Center
19,
t
Postage -
Budget
.: Budget foffiscil.
mlials %
0.3% $,:'.- . -.-::10,544
- - -
'._
CourtFilings
0.2% $.:=`-'
:-k - .,7,000
Equipment (Purchase, Service, Lease)
1.5°h-''53,651:
Rent
6.6% $, '=
.'245,324,
periling @634 Spring
1.1% $ s=',.;:
...'`' -�_ ::42,300
Finance Charges l Interest Etc
0.0%$-,
- - y�'?'d,000•
Malpractice Insurance
0.3% $
- -11,965
Insurance
0.4% "$� .:'',
"-.,.-_; :=.. _,A6;132-
Attomey bar dues
0.2% $
Staff & Board Development
0.3%$."-9,925
Professional development/ Staff Training
1.0%'$,",;
= 36,455
Software/Website/Dalabase
0.8% $ -
' : 30,652'
Advertising& Promotion l Community support
0.3% $-
- ;; 9,500
Memberships forABomeys
0.2% $
; 5;700
Materials &Publications
0.1%'$
.- - '<,2,161..
Travel & Mileage & Parking outside DTLA
1.5% $
::: 54,082
Conference and Meetings
0.1% $_.•-
-- -..-2;700
Capital Purchases (Furniture) & Moving Expenses
0.1% $',.
- .,:.,,2,500
Event Expense
0.3%
Probono Support
0.3% •$ „
:, 2,000
Loan Repayment
$ 93,255 0.3% $
_ 93,255
TOTAL EXPENSES
Revenue ro-
00.0
$
4.046900
Revenue for 2018
$
.354542
Annual Budget Page 2
25B-35
25B-36