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HomeMy WebLinkAboutCOMMUNITY SERVICE PROGRAMS, INC. (CSP) 5AGREEMENT TERMINATION^ ��o �.'1 �j: 53 t' _, Please complete this form when the attached agreement is no longer in effect. r t s. f Return form to the Sr. Deputy Clerk of the Council (M -30). Call 6'5238 if you have-any questions. --------------------------------- The agreement with 0 v� c� , No.A- 0)007 -05a was completed on and final payment has been made. Department: Signature: Date: Revised 8 -7 -03 City of Santa Ana Clerk of the Council r INSURANCE 91 UN 1`11.1: WORK MAY _WT PROCEED CLERK OF COUNCIL DATE:,3 -aa- d7 1 0: Pb cL) I Fi sc4L A- 2007 -052 SUBGRANTEE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND COMMUNITY SERVICE PROGRAMS FOR DOMESTIC VIOLENCE VICTIM ADVOCACY PROGRAM FUNDS THIS AGREEMENT is entered into this 5a' day of March, 2007, between the CITY OF SANTA ANA, a charter city and municipal corporation of the State of California, hereinafter referred to as "CITY ", and COMMUNITY SERVICE PROGRAMS (CSP), a non -profit California corporation, (hereinafter referred to as "SUBGRANTEE "). RECITALS: 1. City is an entitlement recipient of Domestic Violence Victim Advocacy Program funds from the State of California, Office of Emergency Services. 2. The Domestic Violence Victim Advocacy Program heinafter referred to as "DVVA" mandates that a SUBGRANTEE agreement be executed prior to the disbursement of DVVA funds. WHEREFORE, in consideration of their mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1010S�S.Y7l The CITY shall allocate $59,290 in DVVA grant funds for disbursement to SUBGRANTEE for training, field services, and victim /witness follow -up in the area of domestic violence, in accordance with the Memorandum of Understanding between the Santa Ana Police Department and Community Service Programs, Inc. which is incorporated by reference into this AGREEMENT and attached as Exhibit "A ". 2. SCOPE OF SERVICES A. SUBGRANTEE hereby agrees to provide services to victims of domestic violence and the Santa Ana Police Department as described in Exhibit "A" attached. B. In conjunction with the services to be provided by SUBGRANTEE, City shall provide: 1. Office space, furniture, telephone and a personal computer for the SUBGRANTEE'S use in the services to be provided to victims of domestic violence. 2. City shall refer all victims of violent crimes committed against women to the SUBGRANTEE. 3. INDEPENDENT CONTRACTOR It is understood and agreed that the SUBGRANTEE is, and shall be, acting at all times during the term of this AGREEMENT as an independent contractor and not as an employee of the CITY. This AGREEMENT is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the CITY to exercise discretion or control over the professional manner in which SUBGRANTEE performs the services which are the subject matter of the AGREEMENT, provided always, however, that the services to be provided by SUBGRANTEE shall be provided in a manner consistent with all applicable standards and regulations governing such services. SUBGRANTEE shall secure at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for SUBGRANTEE and its officers, agents and employees, and all business licenses, if any, in connection with this AGREEMENT. 4. DISBURSEMENT OF FUNDS Pursuant to the Office of Emergency Services of the State of California, Domestic Violence Victim Advocacy Program grant (DVVA), the CITY has allocated $59,290 for disbursement to CSP, Family Violence Victim Services. A. DVVA funds shall be expended within a time period not exceeding six (6) consecutive months following the date of execution of this AGREEMENT. No disbursements shall be made for services completed after June 30, 2007. Disbursements may be made for services completed between July 1, 2006 and the date of execution of this Agreement. B. Disbursements shall be made to SUBGRANTEE following the submission of invoices detailing how the disbursement was used. City will provide SUBGRANTEE with a form to document expenses. C. SUBGRANTEE agrees to submit requests for disbursement fifteen (15) days after the end of each calendar quarter during the term of the AGREEMENT. The dates for the requests for disbursement are: 1. July 1, 2006 through January 31, 2007 2. February 1, 2007 through March 31, 2007 3. April 1, 2007 through June 30, 2007 D. City shall disburse funds based upon the receipt of such invoices within thirty (30) days after receipt thereof, provided CITY is satisfied that such expenses have been incurred within the scope of this AGREEMENT and that SUBGRANTEE is in compliance with the terms and conditions of this AGREEMENT. E. SUBGRANTEE agrees to conduct all activities of the organization, whether funded in whole or in part by DVVA funds from CITY, in accordance with the provisions contained in the Federal Office of Management and Budget ( "OMB ") Circular A -87 and its attachments, including those for contracts in excess of Ten Thousand Dollars ($10,000.00) and including the provisions relating to audit requirements and resolution of audit findings as provided in Circular A -128. Additionally, if SUBGRANTEE receives $25,000 or more in grant funds, SUBGRANTEE is required to submit an annual report including either a single audit or program audit reports, which evidence an audit was completed in accordance with specific program requirements of the OMB Circular (i.e., A -128 or A -133). SUBGRANTEE acknowledges that the CITY shall disburse funds to SUBGRANTEE only upon execution of this AGREEMENT, and CITY is empowered only to provide funds to SUBGRANTEE pursuant to the provisions of this AGREEMENT. G. SUBGRANTEE acknowledges that CITY shall have the right to recapture all or a portion of DVVA funds disbursed to SUBGRANTEE should the SUBGRANTEE fail to comply with all the terms and conditions of this AGREEMENT or refuse to accept any conditions which may subsequently be imposed by the Office of Emergency Services for the operation of the Domestic Violence Victim Advocacy Program. If CITY is required to take legal action to recapture the full amount of funds granted to SUBGRANTEE, SUBGRANTEE agrees to reimburse CITY for attorney's fees and all associated legal fees. H. SUBGRANTEE shall not dispose of any real or personal property acquired in full or in part with DVVA funds through sale, use or relocation without the express and prior written permission of the CITY SUBGRANTEE agrees that any earned interest income on funds generated through the use or investment of funds received from CITY shall be used in conformance with program income requirements set forth in Code of Federal Regulations 570.504. The SUBGRANTEE shall disclose to the CITY all program income received utilizing Office of Emergency Services (OES) funds administered under this AGREEMENT. RECORDS SUBGRANTEE agrees to maintain program records for a minimum of three years after the close -out of a sub -grant and to make such records available for onsite monitoring by CITY not less than annually and to periodic inspections by the Office of Emergency Services officials during this three year period. 6. CONFLICT OF INTEREST SUBGRANTEE agrees that no officer, employee, agent, or assignee of CITY having direct or indirect control of DVVA funds granted to the CITY shall serve as an officer of SUBGRANTEE. Further, any conflict or potential conflict of interest of any officer of SUBGRANTEE shall be fully disclosed to the CITY prior to the execution of this AGREEMENT and shall be attached to and become a part hereof. CERTIFICATION OF NONDISCRIMINATION By signing this agreement, SUBGRANTEE certifies that it does not discriminate in hiring or service on the basis of race, color, creed, religion, sex, sexual orientation, age, marital status, national origin, ancestry, physical handicap or medical conditions. 8. NON - ASSIGNMENT OF AGREEMENT A. Inasmuch as this AGREEMENT is intended to secure the specialized services of the SUBGRANTEE, SUBGRANTEE may not assign, transfer, delegate, or sublet any interest herein without the prior written consent of the CITY and any such assignment, transfer, delegation or sublease without the CITY's prior written consent shall be considered null and void. B. Nothing in this AGREEMENT shall be construed to limit the CITY's ability to have any of the services which are the subject of this AGREEMENT performed by CITY personnel or by other SUBGRANTEES retained by the CITY. 9. TERMINATION Any of the parties may cancel this AGREEMENT by giving thirty (30) days written notice of said cancellation to the other party. In the event of termination or cancellation for any reason, CITY shall only be responsible to pay for services rendered up to such termination. 10. INDEMNIFICATION SUBGRANTEE hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to SUBGRANTEE'S employees and damage to SUBGRANTEE'S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBGRANTEE, including those arising from the concurrent negligence of CITY, but save and except those which arise out of the sole negligence, or the sole willful misconduct of CITY. SUBGRANTEE will conduct all defense at its sole cost and expense. CITY shall be reimbursed by SUBGRANTEE for all cost or attorney's fees incurred by CITY in enforcing this obligation. 11. WORKER'S COMPENSATION A. Pursuant to California Labor Code Section 1861, SUBGRANTEE acknowledges awareness of Labor Code Section 3700 et seq., which requires every employer to be insured against liability for workers' compensation. SUBGRANTEE covenants that it will comply with such provisions prior to commencing performance of the work hereunder. B. SUBGRANTEE shall maintain at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY, workers' compensation insurance in an amount of not less than: I. One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence; 2. One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee; and 3. Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. C. SUBGRANTEE shall require all subcontractors to provide such workers' compensation insurance for all the subcontractor's employees. SUBGRANTEE shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and SUBGRANTEE shall similarly require all subcontractors to waive subrogation. 12. INSURANCE A. In addition to the workers compensation insurance (paragraph 11) and SUBGRANTEE'S covenant to indemnify CITY (paragraph 10), SUBGRANTEE shall obtain and furnish to CITY, policy of general public liability insurance, including motor vehicle coverage covering services provided under this AGREEMENT. Said policy shall indemnify SUBGRANTEE, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the services provided under this AGREEMENT, and shall provide coverage in not less than the following amount, product /completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form, which includes a general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the services provided under this AGREEMENT shall be deemed excess coverage and the SUBGRANTEE'S insurance shall be primary. B. Under no circumstances shall said above - mentioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. C. Prior to commencing performance of the work hereunder, SUBGRANTEE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the forgoing insurance coverages as required by this AGREEMENT. Said certificate shall: 1. Provide the name and policy number of each carrier and policy; 2. State that the policy is currently in force; 3. Promise to provide that such policies will not be cancelled or modified without thirty (30) calendar days prior written notice of CITY; 4. State as follows: "The above detailed coverage is not subject to any deductible or self - insured retention, or any other form of similar type limitation." D. SUBGRANTEE shall maintain the foregoing insurance coverages in force until the work under this AGREEMENT is fully completed and accepted by CITY. E. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBGRANTEE under the AGREEMENT. CITY or its representatives shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBGRANTEE shall pay, in a prompt and timely manner, the premiums on all insurance herein above required. F. A separate copy of the additional insured endorsement to each of SUBGRANTEE'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 13. NOTICE All notices pertaining to this AGREEMENT and all communications from the parties may be made by delivery and said notices or communications in person or through the U.S. Mail, first class, certified, return receipt requested and addressed as follows: To SUBGRANTEE: Community Services Programs, Inc. Victim Assistance Programs 1821 E. Dyer Road, Ste. #200 Santa Ana, CA 92705 Attn: Ronnetta J. Johnson To CITY: Santa Ana Police Department 60 Civic Center Plaza M -97 P.O. Box 1981 Santa Ana, CA 92702 Attn: Chief Paul M. Walters Written notice is effective five days after mailing to the most current address provided by the parties. Failure by either party to notify the other of a change in mailing address shall not invalidate service by mail to the most current address provided by that party. Personal service of notice is effective upon delivery. 14. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This AGREEMENT supersedes any and all other agreements, either oral or in writing, between parties hereto with respect to employment of SUBGRANTEE by CITY and contains all covenants and agreements between parties with respect to such employment in any manner whatsoever. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBGRANTEE. SUBGRANTEE specifically acknowledges that in entering into and executing this AGREEMENT, SUBGRANTEE relies solely upon the provisions contained in this AGREEMENT and no others. 15. VALIDITY If any term, covenant, condition or provision of this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 16. LAWS GOVERNING THIS AGREEMENT This AGREEMENT has been executed and delivered in the State of California and the validity, enforceability and interpretation of any of the clauses of this AGREEMENT shall be determined and governed by the laws of the State of California. All duties and obligation of the parties created hereunder are to be performed in Orange County, which shall be the venue for any action or proceeding that may be brought or arise out of in connection with or by reason of this AGREEMENT. 17. SIGNATURES /TIME OF EXECUTION This AGREEMENT shall be void and its terms shall have no force or effect whatsoever if not signed by authorized agents or officers of SUBGRANTEE within thirty (30) days of receipt of this document. It shall be the responsibility of the City to transmit this AGREEMENT and any other necessary documentation to SUBGRANTEE and to record the date of receipt thereof. // IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by and through their authorized offices the day, month and year first above written. ATTEST: Patricia E. Mealy Clerk of the Council APPROVED AS TO FORM: CITY OF SANTA ANA, a municipal Corporation of the State California David N. eam City Manager SUBGRANTEE Community Service Programs, Inc, a Non -profit California Corporation oseph W. Fletcher City Attorney argot R. Carlson Executive Director 7 By: � _'K__ q2 7/v I sue, ->✓R* S ��� �� Director of Finance EXHIBIT A MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding shall stand as evidence that the CSP, Victim Assistance Programs, Family Violence Victim Services and the City of Santa Ana, through the Santa Ana Police Department intend to work together toward the mutual goal of providing maximum available assistance for victims of domestic violence, stalking and sexual assault in Orange County. Both agencies believe that implementation of the Law Enforcement Specialized Unit as described herein, will further this goal. To this end, each agency agrees to participate in the program, if selected for funding, by coordinating /providing the following services: The Santa Ana Police Department agrees to refer all victims of domestic violence, stalking and sexual assault to CSP, Victim Assistance Programs, Family Violence Victim Services. The CSP, Victim Assistance Programs, Family Violence Victim Services agrees to accept referrals from the Santa Ana Police Department and provide assistance to all victims and their families. The Program will support services including but not limited to: crisis intervention, orientation to the criminal justice system, resource and referral counseling, emergency financial assistance, court support and accompaniment, assistance with filing for temporary restraining orders and Victims of Crime Compensation Claims. The CSP, Victim Assistance Programs, Family Violence Victim Services further agrees to provide training to the staff of the Santa Ana Police Department relative to victim issues and program services. ACORD CERTIFICATE OF LIABILITY INSURANCE PRODUCER iI - ^d OO�- a�,Q Chapman R Associates /� License #0522024 A- 2- 007-05a p, 0. Box 5455 Pasadena CA 91117 -0455 Phone:626 -405 -8031 Fax:626_- 405 -0585 INSURED Communitpny Service Programs,Inc SantaEAna CA 92705Ste. 200 INSURERS AFFORDING COVERAGE II INSURER A' Riverport insurance Company INSURERS Everest National INSURER C'. _ INSURER D'. IN.CI IRFR E DATE (MWDDIYYYY) NAIC It OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE it NAMED ABOVE FOR THE POLICY PERIOD INDICATED. , TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT MAY PERTAIN, THE INSURANCE AFFORDED F THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED By PAID CLAIMS, OLICY EFFECTIVE POLICY EXPIRATIONT LIMITS POLICY NUMBER DATE MMIDDr MNVOOf/Y .TR NSR TYPE OF INSURANCE GENERAWABILITY 710/01/07 A $ COMMERCIAL GENERAL LIABILITY RIC0008559 CLAIMS MADE �j OCCUR x sexual Abuse _ RICOOO8559 10/01/07 �IPROFESSIONAL _ CONTRACTUAL LIABIL TY10 /01/07 GEN'L AGGREGATE LIMIT APPLIES PER, POLICY IRI —, LOC TE EACH OCCURRENCE $ 1000000 10/01/08 PREMISESGE'S( aEorEe ce) $ 100000 MED EXP (Any one person) $ 5000 10/01/08 PERSONAL&AOV INJURY $1000000 10/01/08 GENERALAGGREGATE $ 3000000 PRODUCTS- COMPIOPAGG $ 100000C Lmn Ben. 100000[ A AUTOMOBILE LIABILITY ANY OWNED ALL NYAUTODAUTOS RIC0008559 10/01/07 10/01/08 COMBINED SINGLE LIMIT E. accident) ) BODILY INJURY (Per person) $ 1000000 $ SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY (Per accident) $ _ $ NON-OWNED AUTOS — - PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT IS GARAGE LIABILITY ANY AUTO EA ACC OTHER THAN AUTO ONLY. AGG $ EACH OCCURRENCE $ 1000000 AGGREGATE _ $ 1000000 $ A EXCESWUMBRELLA LIABILITY X OCCUR El CLAIMS MADE l REL0008560 10/01/07 10/01/08 — $ II � DEDUCTIBLE g RETENTION I X1 'y LIMITS ER B WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER E11L1DED4 Ilyes,descnbeunJer SPECIAL PROVISIONS below OTHER Employee Dishonest _ ___._ 6600000007071 RIC0008559 RTC0008559 07/01/07 10/01/07 10/01/07 07/01/08 10/ 01/0 10/01/08 E L. EA CH ACCIDENT $ 1000000 E.L. DISEASE -EA EMPLOYEE $ 1000000 — E.L. DISEASE - POLICY LIMIT $1000000 Limit 450, 000 Contents 249,000 A _ )ESCRIPTION OF OPERATIONS I LOCAI IOna, Y----- -- - - - - --- I - - - -- Employees, Em 10 Re: Agreement #A- 2007 -210. The City of Santa Ana, Its Officers, p Y Agents, Volunteers and Representatives are named as additional insured with regard to Liability and defense of suits arising from the operations of the named insured per the attached endorsement. Such insurance is primary and non - contributory. Workers compensation coverage excluded, (Contd...) 1 t R V LUCR SANTANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIU DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR City of Santa Ana REPRESENTATIVES. 20 Civic Center Plaza AUTIJQWEDREEPR NTAT Santa Ana CA 92701 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, 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 endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Al)DffIONAl, INSURED ENDORSElIE'� "f. FOR COiviyIERCIAL GENERAL LIABIL11 I POLICP lasurance Con P= my Riverpon insurance CompanY _.. This endorsement modifies such insurance ag is afforded hy' the li isians of Policy k RICO_____008559 _. relating to the following: 1. The City of Santa Ana, 20 Civic Center Plata, Santa Ana. California 92701'. its officers; employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for tire benefit of the additional insureds. 3, This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. q, With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days writton notice has been given to the City of Santa Eyna, 20 Civic Center Plaza, Santa Nina, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) ltiectivc 10'0l!07 — IGrOIiGB _- — this endorsement form as a part of Policy `% --- RIC0008559_ -- Issued to Cexnmumty Sarvl4e Peoerams Lne. Named Insured Countersigned by _ Authorized Representative