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HomeMy WebLinkAbout25I - IMMIGRANT DEFENDERS LAW CENTERREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 21, 2020 TITLE APPROVE AN AGREEMENT WITH IMMIGRANT DEFENDERS LAW CENTER FOR IMMIGRATION LEGAL DEFENSE SERVICES IN AN AMOUNT NOT TO EXCEED $180,000 TO BE FUNDED BY THE GENERALFUND /s/Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on V Reading ❑ Ordinance on 2i1 Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ X61►II110%11I101111107 FILE NUMBER RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Immigrant Defenders Law Center to provide immigration legal defense services to Santa Ana residents, for a term beginning February 1, 2020 and ending October 31, 2020, in an amount not to exceed $180,000, subject to non -substantive changes approved by the City Manager and City Attorney. BACKGROUND The foreign -born population in Santa Ana represents an important and diverse share of our community. According to the U.S. Census Bureau's 2016 American Community Survey, approximately 153,900 immigrants reside in Santa Ana-46 percent of the total population. Of those, 102,000 are non-U.S. citizens. Furthermore, four out of five children in Santa Ana have at least one immigrant parent —and the vast majority of those children are U.S. citizens.). In response to concerns expressed by City residents, in addition to advocacy efforts by community organizers, the City has played an active role in supporting immigrants in Santa Ana. On October 17, 2017, the City Council approved a Memorandum of Understanding with the Vera Institute of Justice to join their SAFE (Safety and Fairness for Everyone) Network to be eligible for one-time funding to support immigration legal defense services, along with on -going technical assistance and training, data collection, and research support. At this same meeting, the City Council also approved an agreement with Immigrant Defenders Law Center (ImmDef) to serve as the City's legal service provider (LSP) to provide immigration legal defense services. These services are provided under the universal representation model, which is publicly funded deportation defense for all. Under the universal representation model, ImmDef provided full -scope removal defense assistance to individuals, regardless of the immigration relief available. Whereas traditional legal service programs may identify eligibility for representation through screening for viable immigration relief, the universal representation model ensures each client, regardless of potential relief, is given an opportunity to be heard. ImmDef works closely with community -based organizations, such as Building Healthy Communities, legal service providers, and other immigration advocates to ensure that their services are accessible to the Santa Ana community. 251-1 Approve an Agreement with Immigrant Defenders Law Center January 21, 2020 Page 2 ImmDef opened their Santa Ana office, located at 2121 N Tustin Avenue, and began operations in March 2018. Since then, ImmDef has initiated the representation of 44 Santa Ana residents in removal proceedings. Eleven cases have closed so far, which includes three Santa Ana residents who obtained relief from removal. The other 33 cases remain pending on both the detained and non - detained dockets. ImmDef s clients represent a wide cross- section of Santa Ana residents, including single mothers, fathers, homeless individuals, youth, older adults, and victims of domestic violence. Client examples include a long-time Santa Ana resident single mother fleeing domestic violence, a father of six U. S. citizen children, and a young man fleeing his abusive father in his home country. Since its inception in 2017, the SAFE Network has grown to a total of 18 jurisdictions across 11 states. Network members, including the City of Santa Ana, have committed public taxpayer dollars toward legal representation for immigrants in their communities facing deportation. During its first two years, the SAFE Network has represented 744 clients with deep roots in the United States. Drawing on program data, the findings from year two of the SAFE Network demonstrate the program's success in ensuring due process and maximizing successful outcomes in deportation proceedings. At the October 16, 2018 meeting, the City Council amended the agreement with ImmDef to extend the term for an additional year, from November 1, 2018 through October 31, 2019, increasing the amount of the agreement by $80,000 to continue to fund immigration legal defense services to Santa Ana residents. On November 5, 2019, the City Council amended the agreement with ImmDef to continue to provide immigration legal defense services on a month -to -month basis, until a competitive Request for Proposals process was completed. DISCUSSION As part of the Fiscal Year 2019-20 Budget, the City Council appropriated $200,000 to continue funding immigration legal defense services to Santa Ana residents. To ensure the success of this program, City staff partnered with representatives from the Vera Institute of Justice to execute a Request for Proposals process to solicit, review, evaluate, and recommend a legal service provider to provide immigration legal defense services. On November 18, 2019, the Vera Institute of Justice released a Request for Proposals, entitled Santa Ana Deportation Defense Fund, to invite applicants to serve as the City's legal service provider (Exhibit 1). The Request for Proposals was shared with more than 85 organizations, including organizations based in Santa Ana and the surrounding greater Los Angeles area. The Vera Institute of Justice and the City received two proposals by the due date of December 9, 2019: one from ImmDef and one from the Coalition for Humane Immigrant Rights (CHIRLA). The proposals were reviewed and evaluated by a committee of representatives from the Vera Institute of Justice, along with City staff. On December 20, 2019, Vera and the City selected ImmDef to continue to be the City's legal service provider for immigration legal defense services. In addition to their performance in providing immigration legal defense services under the existing agreement with the City, ImmDef was selected due to their extensive experience in providing immigration legal defense using the universal representation model. ImmDefs proposal includes serving 30 new clients, with an estimated cost of $6,000 per case. ImmDef proposes to continue receiving clients through the following means: a 251-2 Approve an Agreement with Immigrant Defenders Law Center January 21, 2020 Page 3 referral system where partner legal services organizations refer prospective clients; legal orientation programs at the detention center in Adelanto, CA; and community -based organizations in Santa Ana. Overall, ImmDef presented a more comprehensive and responsive proposal. Staff recommends that the City Council award an agreement with ImmDef to provide immigration legal defense services to Santa Ana residents (Exhibit 2). FISCAL IMPACT Funds in the amount of $180,000 are available for expenditure in FY 2019-20 in the Non - Departmental Contract Services - Professional account (no. 01105015- 62300). Any unspent monies from FY 2019-20 will be requested to carry forward into FY 2020-21. /_1»061=1.LFOrU01►1.1tiy9►LLMKK.111►11691 Kathryn Downs, CPA Executive Director Finance and Management Services Agency Exhibits: 1. Request for Proposals: Santa Ana Deportation Defense Fund 2. Agreement with Immigrant Defenders Law Center 251-3 EXHIBIT 1 VeraINSTITUTE OF JUSTICE Santa Ana Deportation Defense Fund Request for Proposals Due: December 9 at 11:59 PM PST Overview/Background Across the country, immigrant communities are justifiably living in fear as the Administration's recent policy changes have driven a dramatic increase in arrests and deportations. Local leaders have a duty to keep their communities safe, and communities are safest when residents trust that institutions and officials serve them and know they will be treated fairly. The constitutional guarantee of due process, which applies to everyone residing in the United States regardless of their immigration status, cannot be safeguarded when an immigrant faces the threat of deportation (removal) without the help of an attorney. Providing fair representation in deportation proceedings is the single most effective way to ensure that an individual's right to due process is protected and that families are not needlessly separated without receiving basic protections. The City of Santa Ana is committed to protecting the rights of our immigrant and refugee residents, who are a vital part of our families and communities. To that end, the City of Santa Ana has committed $200,000 of one-time public funds to its legal defense fund, of which $180,000 will be available for disbursement through this Request for Proposals for one year starting on February 1st.' This funding will be available for a program to provide legal representation to detained immigrants facing the threat of deportation, as specified below. In furtherance of this commitment, the City of Santa Ana has been granted membership in the Vera Institute of Justice's Safety and Fairness for Everyone (SAFE) Network —a diverse group of local jurisdictions from around the country committed to due process and to providing legal representation to immigrants facing removal. This funding will be made available for representation for removal defense provided under the universal representation model, with a priority for serving those who are detained. Interested legal service providers (LSP)s should base their proposals on $180,000 of funding for one yea r. Request for Proposal Timeline November 18 RFP distributed to legal service providers (LSP). November 25 Vera will hold a pre -proposal conference call to answer questions related to RFP. To register for this call, please email SAFEPvera.org and we will send you the call -in information. December 2 LSPs may submit written questions via email to SAFEPvera.org by this deadline. December 4 Answers to questions regarding the RFP will be circulated. 'Tom a intain funding for cases that commenced during previous years' funding four the City of Santa Ana, $20,000 of the $200,000 has already been allocated. Applicants should plan on a budget of $180,000. 251-4 OI:IMIS December 9 Due Date: Applicants must submit proposals via email to SAFE(aJvera.ore by 11:59 PM PST. Scope of Work and Program Requirements The Vera Institute of Justice is soliciting proposals from nonprofit LSPs on behalf of the City of Santa Ana to provide direct legal representation to indigent detained immigrants facing removal, who are residents of Santa Ana or were prior to detention, and are facing removal proceedings. The funds will be prioritized toward Santa Ana residents who are in immigration detention. To be eligible for representation under the $180,000 in funds, an individual must at the time of the initiation of representation: 1. Earn 200 percent or less of federal poverty guidelines, 2. Be unrepresented by counsel; and 3. Bea resident of Santa Ana immediately prior to detention by ICE (priority will be given to residents who are detained). Representation under this program will be provided under the universal representation model --that is, representation is offered to as many clients as the funding allows who meet the requirements specified above, without conducting a preliminary assessment of the merits of the case. The LSP will propose a plan for intaking clients and offering representation under this model. The LSP will provide representation at all stages of immigration court proceedings, including master calendar hearings, bond proceedings, competency hearings, merits hearings, state courts for SIJ predicate orders as applicable, USCIS applications and proceedings related to being granted relief from removal, and BIA appeals (hereafter referred to as "the scope of representation"). Additional representation services for post -conviction relief, federal habeas corpus, or post-BIA appeals are not mandated by this contract, but are encouraged when merited by the issues involved. Representation initiated under this funding must be continued through the disposition of the case, including those cases that will be completed after the contract period. Legal Service Provider Requirements Proposals may be submitted by individual nonprofit LSP or by a collaborative of LSPs/private firms. Eligible applicants must meet the following minimum qualifications: • Be a nonprofit organization with a 501(c)3 status, or have a fiscal sponsor with a 501(c)3 status, or be a collaborative of nonprofit LSPs and private firms, • Demonstrate a strong record of providing high -quality legal representation to detained immigrants and/or immigrants facing removal, • Have licensed attorneys with immigration law expertise on staff or under contract who will directly provide the services described in this RFP, • Demonstrate that all professionals (attorneys, accredited representatives, social workers, etc.) involved in providing services under the contract have the appropriate professional licenses and are in good standing professionally, • Demonstrate the ability to consult with and represent clients in area detention facilities, 251-5 :XA:II:i1il • Be able to begin providing legal services described herein in a timely manner, • Collaborate with relevant stakeholders (DHS, EOIR, detention facility staff) to ensure that representation can be initiated consistent with the program's requirements, • Commit to a Universal Model of Representation, • Collect and share data with Vera regarding all removal defense representation funded under this grant using a secure web -based database created by Vera. Data reporting will be expected through the disposition of each case initiated under the contract, even those cases that are completed after the contract ends. 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. Vera will collect data such as a) number of clients receiving legal representation, b) relief identified, c) applications for relief, voluntary departure, or other immigration court actions taken, d) economic ties to the community, e) family ties to the community, f) number of cases, including averages and other metrics, for attorneys representing clients, • Participate in Vera -organized conference calls, convening, or trainings to share best practices for removal defense and increasing representation for immigrants facing removal; and • Commit to community engagement and to building power in communities impacted by immigration enforcement. Evaluation Criteria The following criteria will be used to evaluate proposals: • Demonstrated quantity and quality of successful relevant experience —40 percent o Expertise in immigration law, including experience in removal defense, detention work, and a broad variety of case types. o Experience in training and supervising attorneys representing individuals in removal proceedings. o Prior experience in program development and management, including data collection and reporting. o Past performance under prior contracts/grants for related project services. o A demonstrated track record of productive collaboration with government agencies. o A demonstrated track record of collaborating with community -based organizations and others that provide services to detained immigrants, including psychological, occupational, language, educational, health and housing services. Demonstrated level of organizational capability —20 percent o The capacity to complete cases after the contract end date. o Staff language capacity in English and Spanish and an articulated plan to work with individuals speaking other languages. 251-6 00:IMIs1 • Quality of proposed approach —40 percent o The viability of the proposed representation plan, including ability to initiate services promptly after contract award and the proposed number of cases that the applicant organization proposes to represent. o The quality and cost-effectiveness of the proposed plan, including creative uses of interdisciplinary legal teams. o The capacity of your program to work with impacted community members, clients, and families to inform and participate in advocacy for the program's growth and sustainability. The Vera Institute of Justice is conducting this RFP process on behalf of the City of Santa Ana. All proposals received by the deadline will be reviewed and scored by a team of experts in legal services, program management and immigration law at the Vera Institute, and by representatives of the City of Santa Ana. Program Operation Plan 1) 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. List in the table below the number of Section 240 detained and non -detained removal cases for which your organization undertook representation in each of 2017, 2018, and 2019 years and the court locations where those cases were pending at the inception of representation. Year Detained Non -detained 2017 Number (by court Number (by court location[s]) location[s]) 2018 Number (by court Number (by court location[s]) location[s]) 2019 Number (by court Number (by court location[s]) location[s]) 2) Describe your plan for intaking clients. Be specific as to how you will come into contact with clients for the first time (e.g., detention center legal orientation program (LOP), detention hotline, community referrals) and how the case will be selected for representation. Which detention facility(ies) will you serve? Please describe what if any, prior relationships you have with area detention centers that will help facilitate your program. Organizations should propose a plan for intaking and offering representations to people that is consistent with the principle of universal representation of those eligible under this contract. Please describe how your program will incorporate community referrals into your intake plan. 3) Describe your proposed program model for representing detained immigrants. Please specify how you plan to serve eligible clients and how your organization will provide competent and effective representation for the entire scope of the case, including for clients who are released from detention and whose cases may be pending beyond the current grant year. Please also describe how you will address the needs of clients beyond the scope of their legal cases, including social services, housing, education, healthcare, and other needs and/or how you plan to address these needs when the program is at full scale. Finally, please describe how you will conduct 4 251-7 */CII:i1A intakes and work with clients who speak a language for which you do not have in-house capacity. 4) What is your staffing plan for your program? Please describe the positions you plan to fill and the responsibilities each will have in the program. Please attach the CVs and bar numbers of the attorneys who will lead the contracted work, and document American Immigration Lawyers Association (AILA) membership or other evidence of immigration law experience. 5) How many detained removal defense clients do you anticipate representing with the total public funding described above and Vera's catalyst funding? Please respond based on client served, rather than case (i.e. if you represent someone on bond and merits, that is one client represented, not two cases). Please describe how your program plans to pace the initiation of representation for this number of clients to manage staff capacity. 6) What is start date for providing immigrant legal representation in your jurisdiction? Please describe your program implementation timeline. Please indicate if you have already hired staff to work under this funding. Indicate if you have already started providing legal services. If you have not hired staff, please indicate your expected timeline to staff up and start accepting clients under this funding. Please describe how your program will collaborate and engage with key community stakeholders to educate the community about the program. 7) Please describe how your organization plans to grow and sustain your publicly funded program over the next two years. Please include information about the organizations, coalitions, and/or public figures in your jurisdiction who are supportive of the universal representation program and who are critical to building public support for the program. Please also include information regarding how you will engage clients, family members, and immigrant community members in your efforts to raise awareness and grow your program and how impacted communities will become aware of your work. 8) Vera has created a secure online database and will be collecting data on the legal services performed by the LSPs for the purposes of program management and reporting. Please indicate your willingness and plan to cooperate with Vera's data collection efforts. Please indicate which staff will be inputting data on to the database and how often this will be done. Also indicate which staff will be finalizing the submission of the data to Vera. 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. 9) Provide a Budget Narrative to accompany your Budget Worksheet (templates attached). Narratives should describe each line item in the budget. In other words, you should list every staff person included in the Personnel section of the Budget Worksheet and briefly describe their duties. For the Other than Personnel Expenses (OTPE) line items, please briefly describe each item and what is included in your calculation so that it is clear what is being covered by 251-8 0Ial:il11111il subcontract funds. Budget's should be prepared based on a one-time payment for the cases listed in Question 5. 10) Please attach your organization's operating budget for the current fiscal year. 11) What support or technical assistance from Vera would be most helpful to your program? Please include any additional relevant details. The menu of services includes legal training for LSPs, assistance with stakeholder relationships, research and data reporting, and strategic communications support. 12) Share additional information as you see fit, including any additional funding available to your organization to support the proposed services. Proposal Format The application should not exceed a total of 12 pages. Please use single spacing and a minimum 11-point font. Organize your application in the order of questions in the Program Operation Plan section. Please do not include a cover letter (use the cover sheet on the following page), brochures, or letters of support. Submitting the Proposal Proposals must be received by email at SAFE(cDvera.org by 11:59PM PST on December 9, 2019. This Request for Proposals may be updated at any time. To be on Vera's distribution list for relevant updates (including answers to questions asked), please email SAFEpvera.org with the subject line "Santa Ana Updates Requested." 251-9 I00MIlC]IfIIIIIiil SAFE Network Proposal Cover Sheet • Organization Name: • Street Address: • City: • State: • Zip Code: • Primary Contact Name: • Primary Contact Title: • Primary Contact Telephone Number: • Primary Contact Fax Number: • Primary Contact Email: 7 251-10 AGREEMENT BETWEEN CITY OF SANTA ANA AND IMMIGRANT DEFENDERS LAW CENTER FOR FUNDING 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 hmnigrant Defenders Law Center, a California non-profit corporation ("Immigrant Defenders"). RECITALS A. In 2017, the City entered into a Memorandum of Understanding ("MOU") with the Vera Institute of Justice ("Vera") regarding the City's participation in Vera project's the SAFE Cities Network ("Safe Cities"). This MOU was extended twice and remains in effect until October 31, 2020. Safe Cities 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. B. The MOU between City and Vera specified that, Vera would support City in establishing its publically funded removal defense program. Initially, this program was funded through a catalyst grant of $100,000 from Vera and a $65,000 contribution from City. C. The City desires to provide additional funding to Immigrant Defenders 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. D. Immigrant Defenders represents to the City that it is qualified and capable to carry out these services as further described by Immigrant Defenders' proposal, which is attached as Exhibit A. In consideration of the foregoing recitals, the parties agree as follows: 1. PROGRAM OF LEGAL SERVICES Immigrant Defenders shall conduct the program described in Exhibit A ("Program" or "Scope of Services"). 2. TERM OF AGREEMENT The Tenn of this Agreement shall commence on February 1, 2020 and shall expire on October 31, 2020, unless extended by the City or unless sooner terminated in accordance with the terms of this Agreement. 3. USE OF FUNDING; PAYMENT a. City agrees to provide Immigrant Defenders funding for those expenses associated with performing, overseeing and implementing the Program described in Immigrant Defenders' Proposal at Exhibit A, attached hereto and incorporated herein by this reference, in accordance with the project budget contained therein #22417vI 251-11 0 I:11:II�a ("Budget"). The total amount of funding from City to Immigrant Defenders shall be $180,000 ("Funding"). b. Payment of the Funding shall be released to Immigrant Defenders within forty- five (45) days of City's approval of this Agreement and shall be provided to Immigrant Defenders on a monthly basis as follows: Date Amount February 1" $20,000 March 1" $20,000 April 1" $20,000 May l'` $20,000 June 1'` $20,000 July 1s` $20,000 August 1'` $20,000 September Is` $20,000 October 1" $20,000 C. Immigrant Defenders shall undertake and complete the Program as described and set forth in Exhibit A. d. Immigrant Defenders shall spend the Funding in accordance with the Budget in the attached Exhibit A. 4. MONITORING AND EVALUATION a. Immigrant Defenders 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. Immigrant Defenders shall cooperate with the City in the conduct of any evaluation of Immigrant Defenders' Services. Immigrant Defenders shall further 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. hnmigrant Defenders shall share case -level data with the 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. #22417v1 251-12 5. PROGRAM COORDINATION a. The City Manager or his or her designee shall monitor the hnmigrant Defenders' progress and performance of this Agreement. b. Immigrant Defenders shall assign a Program coordinator ("Immigrant Defenders Coordinator") who shall have overall responsibility for the performance of this Agreement by Immigrant Defenders. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute Immigrant Defenders Coordinator, Immigrant Defenders shall notify City immediately of such occurrence. Immigrant Defenders' staff shall cooperate fully with the City with respect to all matters related to this Agreement. C. Immigrant Defenders' staff shall attend meetings as required or requested by City. 6. IMMIGRANT DEFENDERS' FISCAL REPONSIBILTIES; RETENTION OF MATERIALS a. General Fiscal Responsibilities of Immigrant Defenders. Immigrant Defenders 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 Immigrant Defenders, including the receipt and disbursement of the Funding installments. ii. Establish and maintain a system of accounts for the Funding that shall be in conformance with generally accepted 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 times and in such forms as the City may require, such statements, records, reports, data, and infornation pertaining to matters covered by this Agreement. b. Records of Immigrant Defenders Immigrant Defenders shall maintain records of all matters related to this Agreement including, but not limited to, books, financial 3 #22417vl 251-13 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. Immigrant Defenders shall preserve and make available its records: (A) For the period of three (1) 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 may be deemed necessary, Immigrant Defenders 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 regarding Immigrant Defenders' compliance with the terns 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 Immigrant Defenders' compliance hereunder. Notwithstanding the foregoing, the City shall have the right for any reason whatsoever to perform, or cause to be performed an independent audit. Such audits may cover programmatic as well as fiscal matters. 7. ASSIGNMENT Immigrant Defenders shall not assign any rights or duties under this Agreement to a third party without the express prior written consent of City. Immigrant Defenders agrees that the City shall have the right to approve any and all subcontractors and subcontractors to be used by Immigrant Defenders in the performance of this Agreement before Immigrant Defenders contracts with or otherwise engages any such subcontractors or subcontractors. 8. RELATIONSHIP OF PARTIES It is understood and agreed by and between the parties that Immigrant Defenders in the performance of this Agreement, shall not act nor is it at any time authorized to act, as #22417v1 251-14 the agent or representative of the City in any matter. Immigrant Defenders 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 Immigrant Defenders is acting in such a capacity. 9. INDEMNITY Immigrant Defenders 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 Immigrant Defenders, its officers, employees, agents or vohuiteers, 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, Immigrant Defenders' 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, Immigrant Defenders shall maintain the insurance coverage described in this Section. It is understood and agreed by the Immigrant Defenders 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 Immigrant Defenders 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 performed by or on behalf of the Immigrant Defenders, its sub -consultants, and subcontractors, products and completed operations of Immigrant Defenders, its sub -consultants, and subcontractors, and premises owned, leased, or used by Immigrant Defenders, 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 tern 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 5 #22417vl 251-15 0Ioil .11�a accident. The policy shall provide coverage for owned, non -owned, and/or hired autos as appropriate to the operations of the Immigrant Defenders. 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. Professional Liability Insurance providing coverage on a claims made basis for errors, omissions, or malpractice with limits of not less than one million 1$1,000,000) dollars. e. Additional Insured Coverage 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 Immigrant Defenders, its sub- consultants, and subcontractors; products and completed operations of Immigrant Defenders, its sub -consultants, and subcontractors; and premises owned, leased, or used by Immigrant Defenders, its sub -consultants, and subcontractors. Automobile Liability Insurance: The City, its officials, employees, and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability. f Immigrant Defenders shall require and verify that all sub -consultants and subcontractors maintain insurance coverage that meets the minimmn scope and limits of insurance coverage specified in this Section above. 11. INDEPENDENT CONTRACTOR It is understood and agreed that Immigrant Defenders (including Immigrant Defenders' employees) is an independent contractor and that no relationship of employer - employee exists between the parties hereto for any purpose whatsoever. Neither Immigrant Defenders nor Immigrant Defenders' 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, Immigrant Defenders 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 Immigrant Defenders' 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. #22417v1 251-16 Aoil .11�a 12. SUSPENSION OR TERMINATION City shall have the right at any time to temporarily suspend Immigrant Defenders' performance hereunder and/or any Funding, in whole or in part, by giving a written thirty - day notice of suspension to Immigrant Defenders. If City gives such notice of suspension, Immigrant Defenders 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 Immigrant Defenders any portion of the Funding 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 Immigrant Defenders or to furnish other consideration under this Agreement and the Immigrant Defenders shall not be obligated to continue to perfonn any services under the provisions of this Agreement. It is also understood that funds for the program must be appropriated and approved by City Council. City Council has the authority to reduce or eliminate funding of this program, without cause or justification, with no liability occurring to the City. 14. STANDARD OF PERFORMANCE Immigrant Defenders shall perform all services performed under this Agreement in the manner and according to the standards currently observed by a competent practitioner of Immigrant Defenders' profession. Immigrant Defenders shall assign only competent personnel to perform services, including licensed attorneys, under this Agreement. Immigrant Defenders shall notify City in writing of any changes in Immigrant Defenders' staff assigned to perform the services under this Agreement prior to any such performance. 15. CONFLICTS OF INTEREST Immigrant Defenders covenants that neither it, nor any officer or principal of its corporation, has or shall acquire any interest, directly nor indirectly, that would hinder Immigrant Defenders' performance of services under this Agreement. Immigrant Defenders 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. Immigrant Defenders 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. MISCELLANEOUS a. Entire Agreement. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or #22417vl 251-17 written understanding the parties may have 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 unless in writing and signed by authorized representatives of the parties. C. Compliance with Laws. Immigrant Defenders 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.eov) be paid to any employee performing work covered by Labor Code sections 1720 et seq. d. Non-discrimination. Immigrant Defenders shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Immigrant Defenders affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations e. Governing Law: Venue. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of California. Venue of 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 overthe subject matter of any such litigation in such court, and consent to service of process issued by such court. Waiver of Rights. Any grant award or acceptance by City of any service performed by Immigrant Defenders 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. Immigrant Defenders 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 8 #22417v1 2 51-18 */CI1:11�a is ecihjcct to I I I C app3'm 10 h? each ll� i s ctnin" hods {N'A -I i M-SS �l HFRFOF. iha parties aS of ihC th a�3d 5cr1 iirsLhCrem abovC set forth ATTEST: DAISY GOMEZ, Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By . `v1Li ,-t1 . tt`Li LAURA A. ROSSINI Senior Assistant City Attorney CITY OF SANTA ANA KRISTINE RIDGE City Managcr IMMIGRANT DEFENDERS Title:i� 9 #224170 251-19 EXHIBIT 2 EXHIBIT A • Organization Name: Immigrant Defenders Law Center • Street Address: 634 S. Spring Street, loth Floor • City: Los Angeles • State: CA • Zip Code: 90014 • Primary Contact Name: Renee Garcia • Primary Contact Title: Development and Communication Manager • Primary Contact Telephone Number:1213) 634-7615 • Primary Contact Fax Number: (213) 282-3133 • Primary Contact Email: Rearcia immdef.ora 251-20 EXHIBIT 2 EXHIBIT A Program Operation Plan 1) 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. List in the table below the number of Section 240 detained and non -detained removal cases for which your organization undertook representation in each of 2017, 2018, and 2019 years and the court locations where those cases were pending at the inception of representation. Immigrant Defenders Law Center (ImmDef) is a next -generation social justice law firm that defends our immigrant communities against injustices in the legal system. We envision a future where no immigrant will be forced to face immigration court alone. Our programs are a first step towards the long-term goal of providing universal representation to all immigrants facing deportation. Our organization was founded in 2015 by a group of experienced public interest immigration lawyers and our rapid growth is a testament to the need for our services in the communities we serve. Since our humble beginnings in our founders' living rooms, our team has grown from a handful of attorneys to more than 80 dedicated staff members. We have expanded our office locations to respond to the needs of our clients and currently have offices in Los Angeles, Adelanto, Riverside, Santa Ana, and San Diego. ImmDef is the largest non- profit, pro bono provider of deportation defense in California. With a 2019 annual budget of $6.5 million, ourteam provides full-scale deportation defense and legal education classes to approximately 2600 adults and children in Southern California annually. Our programs include a Children's Representation Project for unaccompanied children, refugees, and foster youth; a Detained Youth Empowerment Project that provides classes, legal screenings, and representation to children detained by the government in youth shelters; Family Unity Project reuniting and providing comprehensive legal services to families who were separated as a result of the 2018 Zero Tolerance Policy or other ICE enforcement actions, Post -Conviction Relief Program where we challenge unlawful criminal convictions for immigrants facing deportation, a Litigation & Advocacy Team launched in 2019 to expand our appellate advocacy and participation in strategic litigation to dismantle the system that seeks to deport our clients; targeted Local Justice Fund Programs in the Long Beach, Santa Ana, Los Angeles, and Inland Empire areas that protect our communities and families against aggressive ICE enforcement; our National Qualified Representatives Project that serves immigrants with mental health disabilities to ensure due process and fairness in their immigration court proceedings, and finally our Cross -Border Initiative where we advocate daily for the human rights of asylum -seekers who have been forced back into Mexico as part of the cruel Migrant Persecution Protocols program. The numbers in the following table represent new cases accepted for each of the past three calendar years. In 2019 we represented 234 Detained cases, and 237 Non -Detained cases. 2017 Court Detained LA Court _ 28 Adelanto 102 Non -Detained 274 251-21 EXHIBIT 2 EXHIBIT A 2018 Court Detained Non -Detained LA Court 166 308 Adelanto 76 0 Otay Mesa 1 0 SD Court 0 0 2019 Court Detained Non -Detained LA Court 146 231 Adelanto 41 0 0tay Mesa 6 0 SD Court 41 6 2) Describe your plan for intaking clients. Be specific as to how you will come into contact with clients for the first time (e.g., detention center legal orientation program (LOP), detention hotline, community referrals) and how the case will be selected for representation. Which detention facility(ies) will you serve? Please describe what, if any, prior relationships you have with area detention centers that will help facilitate your program. Organizations should propose a plan for intaking and offering representations to people that is consistent with the principle of universal representation of those eligible under this contract. Please describe how your program will incorporate community referrals into your intake plan. 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 primarily identify prospective detained clients through a referral system where partner legal services organizations can refer prospective clients. These partner organizations include current legal service providers conducting Legal Orientation Programs (LOP) at Adelanto as well as community -based organizations serving the needs of immigrant communities living in Santa Ana. ImmDef will request that LOP providers at Adelanto refer all pro se detainees identified as Santa Ana residents or community members to ImmDef for screening for representation. ImmDef will simultaneously accept referrals of Santa Ana residents detained at area detention facilities from Santa Ana community -based organizations. Upon receipt of a referral, ImmDef's 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. ImmDef will focus its efforts to represent Santa Ana 2 251-22 EXHIBIT 2 Ircnfrra residents detained in Adelanto facility. We have a strong prior relationship with this facility; ImmDef is one of largest legal service providers working with Adelanto detention facility We are well-known to facility staff, immigration judges, and trial attorneys that work at the facility. We also operate a satellite in the vicinity of the Adelanto detention facility in order to facilitate efficient and effective representation of detainees there. 3. Describe your proposed program model for representing detained immigrants. Please specify how you plan to serve eligible clients and how your organization will provide competent and effective representation for the entire scope of the case, including for clients who are released from detention and whose cases may be pending beyond the current grant year. Please also describe how you will address the needs of clients beyond the scope of their legal cases, including social services, housing, education, healthcare, and other needs and/or how you plan to address these needs when the program is at full scale. Finally, please describe how you will conduct intakes and work with clients who speak a language for which you do not have in-house capacity. 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 Adelanto because many of our clients are currently detained there. Given ImmDef's experience in deportation defense, ImmDef is well -positioned to continue its universal representation program for Santa Ana facing imminent deportation. Upon receipt of a referral for a case, ImmDef's 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 persons with a strong connection to the City of Santa Ana. ImmDef anticipates that our 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 2-3 new cases for each month during the contract year. This number will of course vary according to the specific circumstances presented in each case. 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 period and until final adjudication. ImmDef will address the needs of clients beyond the scope of their legal cases including social services by utilizing a Case Management Associate from our privately funded Family Unity Project to assist our Santa Ana -focused team. Most of our clients from Santa Ana are Spanish-speaking, and all our legal staff for this program speak fluent Spanish. Occasionally we meet clients who only speak indigenous languages, in these cases we seek out either paid or volunteer interpreters from our large volunteer network. In the event we could not find a volunteer we would use Language Line at ImmDef's expense. ImmDef has profound experience and a proven track record of serving clients from all over the world, 251-23 EXHIBIT 2 EXHIBIT A with cultural competence serving Latin-American immigrants. Many of our staff members are immigrants themselves or the children or grandchildren of immigrants from Mexico and Central America. As such, our team can draw upon our deep roots in the communities that we serve in order to provide culturally competent legal services. 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 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 Santa Ana 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 Council member whose district they live in so that we may directly show elected officials the impact of the program on their constituents. 4) What is your staffing plan for your program? Please describe the positions you plan to fill and the responsibilities each will have in the program. Please attach the CVs and bar numbers of the attorneys who will lead the contracted work, and document American Immigration Lawyers Association (AILA) membership or other evidence of immigration law experience. ImmDef will continue to keep our Santa Ana -focused team on staff with this funding. This includes Veronica Basilio, a Staff Attorney based in our Santa Ana, and her Supervisor Lisa Okamoto, as well as Paralegal, Sarah Poblano. ImmDef will utilize the supervision model that we have time -tested and used in our other representation programs to ensure proper oversight of staff working under this funding. Our managing 0 251-24 EXHIBIT 2 EXHIBIT A attorney will be directly supervised by our directing attorneys, all of whom have extensive experience in removal defense and in the management and scaling up of high -volume removal defense programs. Our staff attorneys will be closely supervised by the managing attorney, including weekly one-on-one scheduled check -ins to address any issues with their workloads. Weekly case review meetings will be held for all staff attorneys working on detained representation cases. These meetings will contain periodic trainings and peer -to -peer presentations on current legal 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, which maximizes resources and saves time. These workgroup meetings will be led by the managing attorney and, as needed, by the directing attorneys or executive director. Tracking Caseloads: ImmDef utilizes a case management software, Cerenade, that allows us to keep track of vital data on our cases including client biographical information, case milestone data, hearings, outcomes and filings. The Cerenade system allows our attorneys to input case notes, who are trained to log every case -related 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 one-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. Responsibilities each staff will have in the program: 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; • 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. 251-25 EXHIBIT 2 EXHIBIT A 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. Our managing attorney will in turn be directly supervised by our directing attorney, Joyce Noche, who oversees a large portion of ImmDef's removal defense programs. Joyce works out of our Orange County office and is a resident of Orange County. As these staff members are already supported by our current funding, they will continue in their positions to serve the community. Resumes Attached. 5) How many detained removal defense clients do you anticipate representing with the total public funding described above and Vera's catalyst funding? Please respond based on client served, rather than case (i.e. if you represent someone on bond and merits, that is one client represented, not two cases). Please describe how your program plans to pace the initiation of representation for this number of clients to manage staff capacity. Based on ImmDef's proposed budget, ImmDef seeks to serve 30 new clients in Santa Ana with these funds. If we have additional capacity, we will do more case, however, we have currently 31 cases still open from the prior contract year and therefore we don't anticipate being able to do more than 30 additional cases. The 30 cases will include both detained and non -detained depending upon community need. 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 seven 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 $180,000, the proposed metrics leave us with a case cost of $6,000. 6) What is start date for providing immigrant legal representation in your jurisdiction? Please describe your program implementation timeline. Please indicate if you have already hired staff to work under this funding. Indicate if you have already started providing legal services. If you have not hired staff, please indicate your expected timeline to staff up and start accepting clients under this funding. Please describe how your program will collaborate and engage with key community stakeholders to educate the community about the program. 251-26 EXHIBIT 2 EXHIBIT A The start date will be upon execution of the contract, since we will be continuing from a previous grant, the staff who are already employed under this program we will continue providing legal representation under this contract. Information regarding our community stakeholders is in the next answer to question #7. 7) Please describe how your organization plans to grow and sustain your publicly funded program over the next two years. Please include information about the organizations, coalitions, and/or public figures in your jurisdiction who are supportive of the universal representation program and who are critical to building public support for the program. Please also include information regarding how you will engage clients, family members, and immigrant community members in your efforts to raise awareness and grow your program and how impacted communities will become aware of your work. The Removal Defense Fund will benefit from the relationships and work we established through The Santa Ana SAFE program. SAFE was the collective result of advocacy between local legal service providers, including ImmDef, Orange County based -law schools, and other community stakeholders. Together with the Vera Institute of Justice catalyst funds, the City of Santa Ana included an additional $65,000, bringing the Y1 grant total to $165,000. After being awarded the contract, ImmDef remained active in supporting continued advocacy efforts for the SAFE program. This included participation in city council meetings, press conferences supporting universal representation, and a written report to the City of Santa Ana, providing an update and review of the project at the end of Y1. This advocacy resulted in a Y2 award of $80,000 forthe immigration defense legal fund, an increase overthe initial $65,000 provided by the City of Santa Ana. ImmDef had the opportunity to work with one of the most vocal supporters on the city council, Councilman Vincent Sarmiento. Councilman Sarmiento provided valuable feedback on the issues most pressing for the council, including highlighting the number of Santa Ana residents and families being served by this program and underscoring the benefits of universal representation to all immigrants, with an emphasis on vulnerable populations such as veterans and DACA recipients. ImmDef provided testimony to the city council highlighting our work, including results from a case of a mentally ill Santa Ana resident, who through our representation, obtained another chance to present his case to the immigration court. What we believe was most impactful to the city council was the high number of Santa Ana residents being assisted through this project, demonstrating the importance and need of this service in the community and the personal stories of the individual cases we have represented. We also highlighted staff attorney, Cynthia Felix's, deep connection to the Santa Ana community as she is also a Santa Ana resident. Her comments regarding the importance of removal defense representation made an impact in demonstrating ImmDeYs commitment to serving residents who are affected by immigration enforcement. ImmDef will continue to participate and speak at several press conferences and community forums on detention and ICE enforcement in local communities in partnership with Resilience OC, a local advocacy organization and key supporter of universal representation. ImmDef also works in collaboration with other local OC legal service providers, including Public Law Center, Catholic Charities, and community stakeholders like Friends of Orange County Detainees. ImmDef is one of the organizations receiving referrals from the Orange County Deportation Defense Collaborative, a forum for referrals of impacted immigrants to be shared and made to legal service partners. 251-27 EXHIBIT 2 EXHIBIT A Fort he future, ImmDef will continue to work with supporters and advocates like Councilman Sarmiento and Resilience OC to ensure funding for universal representation in Santa Ana. While passage for continued funding was approved 4-1, ImmDef is aware of the potential challenges to renewed funding and plans to meet with key council members to demonstrate the need and success of universal removal defense programs. Some advocacy plans include, facilitating visits from former clients and family members who have benefited from the program with council members and raising the visibility of success stories of long-time Santa Ana residents who have obtained relief through various social media and other outreach events. We also continue to participate in community forums to help educate the public about our removal defense project to ensure that Santa Ana residents are aware of these available services. 8) Vera has created a secure online database and will be collecting data on the legal services performed by the LSPs for the purposes of program management and reporting. Please indicate your willingness and plan to cooperate with Vera's data collection efforts. Please indicate which staff will be inputting data on to the database and how often this will be done. Also indicate which staff will be finalizing the submission of the data to Vera. 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. ImmDef has a long track record of successfully collecting and reporting on data through programs administered by the Vera Institute of Justice. Depending on the data that is to be gathered, data is initially submitted either by Staff Attorney or Paralegal. All data will be reviewed by the Managing Attorney and ultimately approved by our Legal Services Director prior to submission. ImmDef has successfully launched and sustained multiple high -volume and impactful deportation defense programs that maintain representation through ultimate disposition of cases. Our organization is at present successfully executing grants and contracts from 29 different sources that include federal, state and local government entities, private foundations, and individual donors. Our program staff and administrative staff work together to ensure that communication is strong, and all reports and data are submitted in a timely fashion. In 2018, in response to our growing portfolio of funders, ImmDef hired additional administrative staff to ensure that all reporting was submitted. In 2019 ImmDef hired two Development and Communication staff who are responsible for managing the reporting calendars submitted on time and ensuring communications with program staff is clear regarding all contract deliverables. 9) Provide a Budget Narrative to accompany your Budget Worksheet (templates attached). Narratives should describe each line item in the budget. In other words, you should list every staff person included in the Personnel section of the Budget Worksheet and briefly describe their duties. For the Other than Personnel Expenses (OTPE) line items, please briefly describe each item and what is included in your calculation so that it is clear what is being covered by subcontract funds. Budget's should be prepared based on a one-time payment for the cases listed in Question 5. SALARIES (by staff member, including title and FTE): H 251-28 EXHIBIT 2 EXHIBIT A Lisa Managing $ 30% $ 105,165.60 $ Okamoto Attorney 83,464.7 31,549.68 6 TBH Staff Attorney $ 100% $ Attorney 67,980.0 $ 85,654.80 85,654.80 0 Sara Paralegal $ 45% $ Poblano 42,848.0 $ 53,988.48 24,294.82 0 FRINGE COSTS (how they are calculated): The fringe 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 health benefits, 75% coverage for dependents, dental, vision, matching contributions to 401K plans in FY2020, life insurance, and other employee benefits including generous vacation/leave packages. Other Than Personnel Expenses (OTPE):(The categories listed below are illustrative, not exhaustive. You may add additional categories as necessary. Be specific in describing how costs are calculated or determined.) The following costs have been proportionally allocated to this budget. This amount was calculated by dividing total CLIN 1 FTE (3.775) by the total number of ImmDef staff (80), or 4.72%. RENT & OCCUPANCY: The cost of our rent and utilities has been proportionally allocated to this budget by the percentage of our total FTE of our total staff. Additionally, we pay for parking at our building for all staff. LOCALTRAVEL: Mileage rate: $0.58/mile ImmDef uses the federal rate. Local Travel Roundtrip mileage Mileage Rate Number of Trips Total Santa Ana to Los Angeles 102 $ 0.58 12 $ 709.92 Santa Ana to Adelanto 178 $ 0.58 12 $ 1,238.88 251-29 EXHIBIT 2 EXHIBIT A $ 1,948.80 OFFICE SUPPLIES: ImmDeYs office supply costs have been proportionally allocated to this budget by the percentage of our total FTE of our total staff. PRINTING & COPYING: ImmDeYs printing and copying costs (which include maintenance of equipment, toner, ink and paper) have been proportionally allocated to this budget by the percentage of our total FTE of our total staff. POSTAGE: ImmDef's postage costs have been proportionally allocated to this budget by the percentage of our total FTE of our total staff. TELEPHONE: The cost of our office phone and fax has been proportionally allocated to this budget by the percentage of our total FTE of our total staff. INTERNET: The cost of our internet through has been proportionally allocated to this budget by the percentage of our total FTE of our total staff. DATABASE/ONLINE SERVER: ImmDef utilizes an online server/database system through Microsoft Office 365 and Sharepoint. The cost of this system has been proportionally allocated to this budget by the percentage of our total FTE of our total staff. CASE MANAGEMENT SYSTEM (Cerenade): ImmDef utilizes a case management system (Cerenade) to manage all of our client data. The cost of this system has been proportionally allocated to this budget by the percentage of our total FTE of our total staff. IT EQUIPMENT: To account for damage to equipment during frequent travel to and from the shelters, ImmDef anticipates needing to purchase one laptop during this contract year. Governance & Administration RATE: ImmDef's governance and administration rate does not include overhead costs; we calculate this rate by dividing the costs listed below by ImmDeYs total budget to get the % of the overall budget that these costs represent. This comes out to 14%. 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 10) Please attach your organization's operating budget for the current fiscal year. Attached Separately. 11) What support or technical assistance from Vera would be most helpful to your program? Please include any additional relevant details. The menu of services includes legal training for LSPs, assistance with stakeholder relationships, research and data reporting, and strategic communications support. ImmDef would be most interested in receiving assistance from Vera for political strategy to continue this grant past this year. ImmDef would also be interested in working with Vera on a media strategy to highlight deportation defense and universal rep for SA and the larger OC community. 10 251-30 EXHIBIT 2 EXHIBIT A Local Justice Initiatives — Santa Ana Organization: Immigrant Defenders Law Center Address: 634 S. Spring St., Los Angeles, CA 90014 Date Prepared: 3/18/2019 Prepared By: Julian Leon Grant Name: Santa Ana Deportation Defense Fund Objectives: 30 new clients — detained and nondetained Santa Ana residents Start Date End Date Personnel Expenses Staff Name Position Annual Salary %FTE Fringe Total Lisa Okamoto Managing Attorney $ 83,464.76 30% $105,165.60 $ 31,549.68 TBH Attorney Staff Attorney $ 67,980.00 100% $ 85,654.80 $ 85,654.80 Sara Poblano Paralegal $ 42,848.00 45% $ 53,988.48 $ 24,294.82 TOTAL PERSONNEL EXPENSES 175% $ 141,499.30 2.19% Other Than Personnel Expenses( PE) Rent/Occupancy [Yearly $amount] * %FTE $ 7,040.25 Local Travel Local Travel Cost - see Travel Tab $ 1,948.80 Office Supplies [Yearly $amount] * %FTE $ 745.62 Printing/Copying [Yearly $amount]*%FTE $ 174.14 Postage [Yearly $amount] * %FTE $ 339.15 Telephone [Yearly $amount] * %FTE $ 1,072.58 Internet [Yearly $amount] * %FTE $ 51.18 Database/Case Management Software [Yearly $amount] * %FTE $ 106.31 IT Equipment Upgrade $1000 * Computer and IT accessories $ 1,000.00 G&A Rate 14.0% $ 21,556.69 TOTAL OTPE $ 34.033.72 251-31 EXHIBIT A TOTAL BUDGET Vero - unfunded - But funded but using money left over from last year 251-32