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Home My WebLink AboutIMMIGRANT DEFENDERS LAW CENTER (8)DOCUSign Envelope ID: 1F16AC88-4775-44AD-80' 9E95AEB383A9 MAYOR Miguel A. Pulido MAYOR PRO TEM Joan Villegas COUNCiLMEMBERS Phil Bacerra Nolida Mendoza David Penaloza Vicente Sarmiento Jose Solorio C I YOF SAI"i ANA 17 CITY MANAGER'S OFFICE 20 Civic Center Plaza 9 P.O. Box 1988 Santa Ana, California 92702 DIM www.santa-ana.org :,�o) September 24, 2020 Immigrant Defenders Law Center Attn: Ms. Lindsay Toczylowski Executive Director 634 South Spring Street Los Angeles, CA 90014 CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez Re: Extension of ARreement #A-2020-010 for Removal Defense Services Funding; Dear Ms. Toczylowski: Pursuant to Section 2 ("Term") of Agreement No. A-2020-010 ("Agreement"), entered into by Immigrant Defenders Law Center and the City of Santa Ana effective February 1, 2020, the term of the Agreement is hereby extended for a three (3) month period fi-oin November 1, 2020 through January 31, 2021. Any insurance certificates are required to be extended and/or renewed to cover this extension. All other terms and conditions of the Agreement remain unchanged and in full force and effect. Sincerely, Kristine Ridge City Manager 1111VAKGZ��k &I Kristine Ridge 7 City Manager APPROVED AS TO FORM xawl-q- A. Rem. -- Laura A. Rossini Acting Cl-tief Assistant City Attorney ATTEST aisy Gomez, MMC Clerk of the Council IMMIGRANT DEFENDERS LAW CENTER 00"Signed by: UVlsat� 1-�"(4ws(i Minc sja"To`-c-zy1owski--- Executive Director SANTA ANA CITY COUNCIL Miguel A Pulido Juan VlHegas Vicente Sarrriento David Pena[oza Jose Sdorio Phil Bacefra Neiida Mendoza Mayor Maym Pro Tom, Ward 5 Ward 1 Ward 2 Ward 3 Ward 4 Ward 6 rnpulid -qrjs Q)7anLp-_ana cig rlk-- UL,1Lv_r910s1nti-ana oig amm��g LIL -L__ ___ ULU) L-a—aa -na--O-rg CM,l J- - 0'! (9 (hol AGRFA,"NIEN'T HVIAN'FAA (TYN 10 A-2020-01 0 01" SANTA ANA AND INIMIGRAN"I" I)EFTAI)FIRS LA \� CE N I'E R FOIE FL A 1) 1 N G I'llis A-recillclit is liladc aml ellicl-cd 111lo b", and bew cell 11le Citv ofs'llita Alla, a C11,11-tcr Citw Lind 117ILMIC11),11 C01-I)OI-Mion organized and existing 1,111dCl- the C011StitUti011 and LIWS ol,tllc SLItc ofCahl'Onlia ("Ultv") rInd Immigrant ["M'elldel-s C I ctitc1% a Ual If'Orl IM noel -profit corporation ("11111111-rallt, Dc fell d cl-s"), 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 prQject'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: I. PROGRAM OF LEGAL SERN'10ES Innim--rant, Defenders sll,,ill conduct the program described in Fxhlb1t A ("Program"" or -scope of Services"). 2. TERNI OF AGREEMENT The Perin of this Agreement shall commence on February 1, 2020 and shall expffe on October 31. 2020. unless extended by the City or UllIeSS S0011U [0-11111MIC(l ill aWCordallcc N,\,,Itll the ternis of this Agreelllellt. USE OF FUNDING, PAYMENT Citv a -gees to 111-ovidc 111-11111prant Defellders funding l'or those expenses assocultcd witli pert,61-111111g. OVel'secing and illiplenlelltillo the Proorall) (Ics;C1.1bed in Immigrant Defenders" Proposal at Lxhiblt A, attached hereto ,md incorporated herein b�, this rcl`ercncc, in accordance witli the project bLl(l()Ct contained tlICT611 #22417v] 5. PROGRAM COORDINATION a. The City Manager or his or her designee shall monitor the Ininiigrant Defenders' progress and performance of this Agreement. 1). Invntigrant Defenders shall assign. a Program coordinator ("Immigrant Defenders Coordinator") who shall have overall responsibility for the perfiormance of this Agreement by lmnugrant Defenders. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute: Immigrant Defenders Coordinator, Immigrant Defenders shall notify City inlmccliately of such occurrence. Immigrant Defenders' staff shall cooperate Cully 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. G. IMMtGRAN'I' DEFENDERS' FISCAL, REPONSIBILTIES; RETENTION OF MA TERI.ALS a. General Fiscal Responsibilities of Immigrant Defenders. Immigrant Defenders shal I: 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 ofthe 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 regUire, such statements, records, reports, data, and information pertaining to matters covered by this Agreement. b. Records of Immigrant Defenders i. Immigrant Defenders shall maintain records of all matters related to this Agreement including, but not Urnite:d to, hoops, financial 3 #22417v1 the agent or reprQwntative 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 ill such a fashion as would give the impression to a reasonabic person that lniniigrant Defenders is acting in such a capacity. 9. INDEMNITY Immigrant Defenders shall, to the fullest extent permitted by lmv, indemnify, protect, defend and hold harmless City, and its employees, officials and agents ("Indemnified Parties") from all claims, demands, costs, or liability (ilIcluding 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 SLrC;h Claims, denninds, costs, or liabilities are caused by or result from the; negligence, recklessness, or willful misconduct of Immigrant Defenders, its officers, employees, agents or volunteers, in the performance of services under this Agreement, excepting only liability arising from the, sole negligence, active negligence, or intentional misconduct of City. If there is a possible obligation to indemnify, 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; A,grecment shall not affect or limit any of City's rights under this Section. This Section shall survive expiration or sooner termination of this Agre=ernetit. 10. INSURANCE REQUIREMENTS During the; entire term of this Agreement, Immigrant Defenders shall maintain the insural]Ce 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 Ganlount of insurance coverage required or carried by the hri:rnigrant Defenders in connection with this Agreement. a. Corm-nercial General .I_iabilitV 111SUrance providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property clamage, and personal injury, arising out of activities performed by or on behalf of the Immigrant Defienders, its sub -consultants, and subcontractors, products and completed operations of Irrimigrant Defenders, its sub -consultants, and subcontractors; and premises owned, Icased, or used by Immigrant Defenders, its sub -consultants, and subcontractors, with limits or 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 tbr the term of the policy. b. AGrtoinobile Liability 111surance 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 (:`61,000,000) per #22417v1 12, SUSPENSION ORTERMINATION City shall have the right at any tinge to temporarily suspend Immigrant DOelndcrs' perforinauncc hereunder and/or any funding, in whole or in part, by giving a written thirty - day notice ofsuspcnsioln to Irnn3igi•ant Defelnders. If City gives such 1106CC oFsuspension, imi.nigrant Defenders shall intmedhitely Suspend its activities under this Agreement, as spe:660d in such notice. Nothing in this Agreement shall be deemed to he a waiver of the: City's right to recover from Innnnigra.nt Defenders any portion of the Funding that has not been spent in accordance with [Ills Agreement or that has not been spent as of the date or InotiCC elndCr this subsection, .13. FUNDING AVAILABILITY It is understood and agreed that funding is contingent on there being sufficient funds within the City's budget. II'the City lacks flunding within its budget, the Agreement shall have no further force and effect. If there is a lack of funding or should funds becaarne u navailaable after the; effective date of the AgTecment, the City shall have no liability to pay any fiends to the Immigrant Defenders or to furnish other consideration under this Agreement and the Immigrant Defenders shall not be obligated to coi.nt 1111C to perform tiny services under the provisions of this Agreement. It is also understood that funds for the program nnust be appropriated and approved by City Council. City Council has the authority to reduce or elinninate funding of this progrann, without eatuse 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, inchiding licensee/ attorneys, cinder this Agreement. Ilnt- igrant De:funders shall notify City in writing of any changes in Immigrant De;fe:nders' staff assigned to perform the services under this Agreement prior to any such performance, B. CONFLICTS OF INTEREST Immigrant Defenders covenants that neither it, nor ally officer or principal of its corporation, has or shall tneduim ally interest, directly nor indirectly, that would hinder Immigrant Defenders' performance of services under this Agreement, hnlnigraant De renders further covenants that in the performance of this Agreement, no person having; any such interest shall be employee/ by it as an officer. employee, agent or subcontractor, Without the written coaselnt of City. Immigrant Defenders agrees to avoid conflicts of interest or the appealrancc of any conflicts of interest with the interests of City at all times during the perFornnance of this Agreement, 16. MISCELLANEOUS a. Entire Agreement, This Agreement, including all Inhibits, contains the entire agmement betwee a the patties and supersedes whatever oral or #22417vl A"l-ccluent is uhjcO lo (lie ;Ipprm �,d by each 11a11.Ws uo\ crixirt hod� I\ WI] M� .,SS �,b I I f� 1I F( )F, t h c panics I ia� c, cx cc tit ed rhos Avi-cellic I I I 41,w ()1* 111 c d �1�- .md \ car tir 11cf-cill ahm C scl Kwth� ATTEST: DAISY GOMEZ Clerk Of ttC COLUICII APPROVED AS TO FORM SONIA R. CARVALFIO, City Attorney LAURA A. ROSSINI Senior Assistant City Attorney #22417N,,l CITY OF SANTA ANA I _R I tlSTIN-F Rb&�— MR�I City Manager IMMIGRANT DEFENDERS By - Title: Z COTC PRC.-,ESSING FORM Agreements / Amendments / Deeds (D Project Manager, is responsible tO EWSUre agreement has been r,(-.)viewe(J and appn'.wed by City Attorney, al6 exhibits attached, Certificate of Insurance rneets mandatory coverage, cornplies with CMO contract EWthority as defined in i�,IS-2963, and Lfflirnately, agreement is ready for City Manager execution, (;o-rc wilt 21tjy, be responsible for attestation of CMO signature, TO: CLERK OF THE COUNCIL OFFICE FROM: DEPT,: City Manager's Office PROJECT MANAGER: Daniel A. Soto AGREEMENT NUMBER (if amendment): A / N 2020 MA 22 PH 6:140 CITY 0i` `,,)"dN1TA ANA CLERK OF COUNCIL MAIL STOP: M-31 EXT.: 5234 AMENDMENT NUMBER (if applicable): El 1 ST El 2ND El 3RD R NAME OF CONSULTANT / PARTY, Immigrant Defenders Law Center AMOUNT: FE-1 * OVER f-1 *UP TO *14ote: Council approval is reqUired if an agreernent vVith a $50,000 - (A) $50,000 - (A/N) vendor exceeds $50,000 within a Fiscal Year 'for, nom, public works, agreernents., Bid for contracts exco I m _Aill corrthaue 'to [2_quire a formal Invitation for Bid, ❑ 1) Approved by COUnCik F] 2) q_Qj approved by Council. COUNCIL APPROVAL DATE: 01/21/2020 ITEM #: 251 TERM CIF AGREEMENT EFFECTIVE DATE: 02/01/2020 TERMINATION DATE: 10/31/2020 SIGNATURES REQUIRED: N VENDOR nm AGENCY FE-1 CITY ATTORNEY El OTHER (INIZURAINCE APPROVAL REQUIRED BY CAO PRIOR TO SUBMITTING TO COTC) R&I COMMENTS: [��, 1 -1 1 �. FE YES X AUTO FE PROFESSIONAL LIABILITY W F-1 NO (Provide City Attorney Office approval) N CGL (Commercial General Liability) El WORKERS COMPENSATION H-?-- V4 MAVIaauoLN,�- k-,(- ❑ ss 0 DO NOT PROCESS 0 Missing Signatures E3 Needs Council Approval * Effective April 18, 2019, City Manager contract authority increased via Ordinance NS-2963. El Other hAgreementfform - AGREEMENT PROCESSING FOR M—canary—R EVI SED.doc Revised: 4F18/2019