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HomeMy WebLinkAboutSANTA ANA FAMILY JUSTICE CENTER/HUMAN OPTIONSI MURANCE NOT REOU%4 N-2020-022 WORK MAY PROCEED "' 1 6 2029 CLk RK OF COUNCIL O QaO1 cmiVroom d5 SANTA ANA FAMILY JUSTICE CENTER PARTNERSHIP AGREEMENT INTRODUCTION The Santa Ana Family Justice Center ("SAFJC") is a new public safety initiative launched by the City of Santa Ana and Santa Ana Police Department, The SAFJC is designed to bring together a multidisciplinary team of professionals in a collaborative effort to provide victims of domestic abuse, sexual assault, human trafficking and elder abuse greater support and accessibility to services and resources in one location. This collaborative effort will make the entire process of reporting less intimidating and more efficient for everyone involved. INTENT The SAFJC plans to offer comprehensive legal and counseling services to vulnerable adults and children. In the near future, the SAFJC will offer links to Juvenile, Family arid Criminal courts, as well as access to advocates and child protective services workers. Working in a synergistic fashion, the partnership of professionals at the SAFJC seeks to reduce incidents of domestic abuse, sexual assault, human trafficking and elder abuse in Santa Ana. The pursuit of justice will be better served and the cycle of violence more easily broken by the increased proficiency of police investigations and criminal prosecutions resulting from this initiative. PURPOSE This Partnerslrip Agreement sets fotth the basic terms under which Human Options ("Participating Partner") will voluntarily provide services to, and participate in, the SAFJC, consistent with the goals and objectives stated herein and in the Family Justice Center Operations Manual, attached hereto as Exhibit 1 ("Operations Manual"). TERMS A. CITY OBLIGATIONS. The City agrees to provide the Participating Partner the following at no cost to the Participating Partner, except as specifically provided. herein: 1. Provide work office space on the Third Floor at the Santa Ana Police Department ("Premises") to Human Options on an agreed upon schedule. The Premises will include assigned work areas, use of office furniture, telephones, computers, utilities and general office supplies. 2. Access to photocopy machine arid fax machine for necessary and reasonable use. 3. Use of the Premises includes access to and use of the waiting room, interview room and a reception area, 4. Access cards to all Participating Partner staff for access to the Third Floor only. 5. Parking, B. PARTICIPATING PARTNER OBLIGATIONS. 1, Participating Partner agrees to participate in an orientation prior to provision of services at SAF,TC. 2. Collaborate with SAFJC Director to provide services to victims of Domestic Violence, Sexual Assault, Hurnsr. Trafficking or Elder Abuse. 3, Assign Staff to work at the SAFJC facility on days and during hours agreed upon by the parties to provide Victim Services. 4, Assign staff capable of delivering the full range of Services. 5. Make appropriate service referrals consistent with the mission of the SAFJC. 6, Collect and disperse statistical data pertinent to establi,31-dngSAJFC performancomeasuros, annual reports and service improvement initiatives. 7, Collaborate with SAFJC Director to develop and improve Standard Operating Procedures for all co -located Agencies. 8, Attend and participate, to the extent passible, all appropriate administrative meetings as scheduled by SAFJC Director or his/her designee, 9, Take reasonable care of the assigned office space, equipment and common areas, 10. Promptly report, in writing, any loss or damage in any of the areas at the Premises to the SAFJC, 11, Abide by the rules and regulations set forth in the Operations Manual; 12, lndeurnify and hold harmless the City, its officers, employees and agents, from and against all liability, darnages, expenses or costs of any kind arising from the negligence or misconduct of the Participating Partner's personnel, employees, invitees, volunteers or contractors. 13. Provide any necessary reasonable modifications and/or effective communication to recipients of their services, The Participating Partner shall be responsible for compliance with the Americans with Disabilities Act and California accessibility laws in the operation of its service(s), 14. Participating Partner will be responsible only for the architectural barriers in their workspace. The City will be responsible for any architectural barriers on the Third floor of the SAPSC outside of the Participating Partner's work space; and 15. Whon necessary, provide interpreter services; to communicate with clients. Participating Partner may, when available, avail itself of any of the free interpreter services at the SAFJC, OTHER PROVISIONS. The parties further agree as follows; 1. This Agreement does not create any employment, tenancy or agency relationship between the City and the Participating Partner or any gf its officers, employees, volunteers, agents or contractors. 2, The Cityrnay unilaterally tortninate this Agreement upon 30 days written notice, or less time if extraordinary circumstances exist requiring immediate termination of Participating Partner's activities at the SAFJC. 3, Participating Parmer may terminate this Agreement upon 30 days written notice to the City, 4. Upon termination of this Agreement, Participating Partner shall promptly surrender the Premises, all access cards and shall surrender the Promises in a clean and tidy condition including the removal of all of Participating Partner's items other than property owned by the City and the Santa Ana Police Department. 5. Participating Partner shall repair or be liable for the costs of any damage caused to the SAFJC by its personnel, employees, volunteers, agents or contractors. 6. Participatmg Partner shall obtain a Comprehensive General Liability (CGL) Policy with limits. of $1 million dollars per occurrence and an aggregate limit of $2 million dollars. The City, its officers and employees shall be named as additional insureds on the policy and a certificate evidencing such coverage shall be provided prior to joining the SAFJC. The insurance carriershall be licensed in the State of California and have an A.M. Best rating of A. 7. Any licensed professional shall provide evidence of Professional Liability Insurance with limits of$1 million dollars. 8. Participating Partner shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Participating Partner shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 9. The City shall have the right to enter and inspect the Premises, and to change the assigned Premises, as it deems necessary with no less than 6 days' notice to the Participating Partner, 10, This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this .Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall bo the venue for any action or proceeding that maybe brought or arise out of, in connection with or by reason of tbis Agreement. 11. Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic conunnuucation in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 To Participating Partner: Human Options PO Box 53745 Irvine, CA 92619 12. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective patties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. The above stated conditions are understood and agreed upon by the undersigned. IN WITNESS WHEREOF, the patties hereto have executed this Agreement the date and year first above written. ATTEST: MW aisy Gomez Xlerk of the Council APPROVED AS TO FORM: R.CARVALHO Assistant City Attorney RECOMMENDED FOR APPROVAL: i 71D VALENTIN Chief of Police CITY OF SANTA ANA I -tstine Ridge 7 City Manager PARTICIPATING PARTNER: Bye Judith Rose Titte:'Chief Programs Officer /OSN HUMAOPT-04 HEICT17 D0111AM 6/202 YYI 01/16/2020 `� lllw O CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s). PRODUCER License if 0564249 CT Heffernan Insurance Brokers 78004 Sky Park Circle, Suite 210 Irvine, Ctt 92614 (AARTNE, Eel: 1 949) 771-3400 FAX Nol:(949) 771-3401 E INSUREIUSI AFFORDING COVERAGE NAIC9 INSURERA:Non rofits Insurance Alliance of California 01184 INSURED INSURER 9: New York Marine & General Insurance Company 16608 INSURER C: Lloyd's of London Human Options INSURER D: P.O. Box 53745 Irvine, CA 92618 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: RFtrICICIN NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AWLINSD SUER POLICY NUMBER POLICY EFF POLICY UPJJIL LIMITS A X COMMERCIAL GENERAL LIABILITY CLAMS -MADE QX OCCUR X 201901143 09123/2019 09/23/2020 EACH OCCURRENCE S 1.000,000 DAMAGE TO RENTED 500,000 20.000 MEDUP ane PERSONAL & AVINJURV 1,000,000 N'L AGGREGATE LIMIT APPLIES APPLIES PER-. POLICY JpECT LOC GENERAL AGGREGATE 3,000,000 PRODUCTS - COMPICIPA 3,000,000 I SEXUAL MISCONDU S 1,000,000 0 THER A AUTOMOBILE LIAeILnY COMBINEDSINGLE LIMIT 11 11000,000 BODILY INJURY Per arson S ANY AUTO AUTOS ONLY AUTOS SCN�wNEp 201901143 09/2312019 09/2312020 BODILY BOODILY INJURY Per atlWenl X PP10.en1 G'E S �pN� AUTOS ONLY X AL/TOB ONLY S A X UMBRELIA UAS X OCCUR EACH OCCURRENCE $ 6,000.000 AGGREGATE S 5,000,000 EXCESS UAB CIIJMS-MADE 201901143UMB 09/2312019 09123/2020 DED I X I RETENTIONS 10,000 8 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIE70"ARTNERIEXECUTNE YIN QpFICERNEM EXCLUDE09 (Alendnory Inj K yea, oew" under DESCRIPTION OF OPERATIONS belax NIA 201800013608 04/01/2019 04/01/2020 �( PER DTI+ E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOY 1,000,000 E.L. DISEASE - POLICY UNIT $ 1,000,000 C Technology-Cyber-Pri EVOPNU419524 06120/2019 06120/2020 Per Claim 1,000,000 A Professional Liabili 201901143 09/23/2019 09/23/2020 Per Claim 1 MM/ Agg 3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, AddKional wmerte SCMdN 0 me M M tfwl B non a ee u r .Imdl Re: Services at the Santa Ana Police Department's Family Justice Center. The City 01 Santa Ana, its o Biters and employees are included as an additional Insured on General Liability policy per the attached endorsement if required. This certificate replaces and supersedes all previously issued certificates. City of Santa Ana Risk Management Division 20 Civic Center Plaza 4th ficKVIEWED & Santa Ana, CA 92701 d By RiS41MANAGI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. IORIZED REPRESENTATIVE ACORD 25 (2016103) M. LAMBERT © 1988.2015 ACORD CORPORATION. All rights reserved. marks of ACORD POLICY NUMBER: 2019-01143 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11—Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage' or 'personal and advertising injury" caused, in whole or In part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or ranted to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contractor agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. REVIENED & APPROVED R., Ric MANAGEMENT DIVISION CG 20 26 04 13 I Ir) e i;lzuq fice, Inc., 2012 Page 1 of 1 M. LAMBERT