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HomeMy WebLinkAboutCOMMUNITY SERVICE PROGRAMS (CSP) - 1996-10-07• • ;, je CITY OF HUNTINGTON BEACH 0 2000 MAIN STREET CALIFORNIA 92648 HUNTINGTON BEACH CITY HISTORIAN Alicia M. Wentworth Retired City Clerk October 18, 1996 Barbara J. Morrison 16842 Von Karman # 425 Irvine, California 92714 Dear Ms. Morrison: The City Council of the City of Huntington Beach at the regular meeting held October 7, 1996, approved execution of the enclosed subgrantee agreement between the city and CSP, Domestic Violence Services For Community Policing To Combat Domestic Violence Program Funds for Housing And Community Development Block Grant funds. Enclosed is a duly executed copy of the agreement for your records. Sincerely, &X�� &Oeh� Connie Brockway City Clerk CB:jc Enclosure: Agreement G:fb11owup: agrmtltr/Domestic: jc Telephone: 714-536-5404 714-842-9825 Council/Agency Meeting Held: - - %h Deferred/Continued to: City Clerk's Sign re Approved ❑ Conditionally Approved ❑ Denied Council Meeting Date: October 7, 1996 Department ID Number: PD 96-020 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: RONALD E. LOWENBERG, Chief of Police CI I92 ICf`r• rnKITDArTI IAI CGR\/IrGC GnC? r1nIVI1=CTIr \/lnl 1=AIrI= (,RAnIT I Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environm ntal Status, Attachment(s) / Statement of Issue: The purpose of this RCA is approval of contracts with Community Services Program (CSP) and Interval House for a one year term, October 1, 1996 to September 30, 1997. These contracts are required for the Federal Domestic Violence Grant that was previously approved by the Council. Fundinq Source: Federal Citizens Option for Public Safety Program (COPS) Office -Department of Justice Recommended Action: Respectfully request the City Council approve and sign the attached contracts with CSP and Interval House. ��I " / Alternative Action(s): 1. Approve and sign contracts with CSP and Interval House. 2. Do not approve and sign contracts. *QUEST FOR COUNCIL AC11ON MEETING DATE: October 7, 1996 DEPARTMENT ID`NUMBER: PD 96-020 Analysis: On August 5, 1996 Resolution #96-64 was passed by the City Council granting approval to accept Community Policing to Combat Domestic Violence Federal Grant Funds of $198,505 and to enter into a collaboration with two community based organizations for one year. Huntington Beach Police Department is to enter into a contractual agreement with the Interval House Victims of Domestic Violence Shelter and CSP, Inc., Domestic Violence Assistance Programs. The attached contracts, prepared by the City Attorney's Office, are for the purposes of this grant. Environmental Status: None Attachment(s): 1. Resolution #96-64 2. Contracts RCADV.DOC -2- 09/17/96 10:40 AM • 0 SUBGRANTEE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CSP, DOMESTIC VIOLENCE SERVICES FOR COMMUNITY POLICING TO COMBAT DOMESTIC VIOLENCE PROGRAM FUNDS THIS AGREEMENT is entered into this 9_1h day of OC46 ;� , 1996, between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," as an entitlement recipient in the U. S. Department of Justice. - Office of Community Oriented Policing Services, and CSP, Domestic Violence Services, a nonprofit California corporation, hereinafter referred to as "SUBGRANTEE," for the expenditure of Community Policing to Combat Domestic Violence Program (CPCDVP) funds; The Community Policing to Combat Domestic Violence Program, hereinafter referred to as "CPCDVP," mandates that a Subgrantee Agreement be executed in order that such funds be utilized by the parties hereto. IT IS HEREBY AGREED that the following provisions are approved and shall constitute the entire agreement between the CITY and SUBGRANTEE: The purpose granting $85,840 in CPCDVP funds to SUBGRANTEE shall be solely for training, field services, and victim/witness follow-up in the area of domestic violence, in accordance with the Scope of Work, Attachment "A', which is hereby incorporated by this reference. CPCDVP funds shall be expended within a time period not exceeding twelve (12) consecutive months, oct . i, 1996:through_ Sent 3j; following the date of execution of this agreement, in installments determined by CITY. Disbursements shall be made to SUBGRANTEE following the submission of invoices in a form prescribed.by CITY, detailing such expenses. SUBGRANTEE agrees to submit requests for disbursement fifteen (15) days after the end of each period which are: WPUG:AgreeMomestic RLs 96-519 a. September 1, 1996 through November 1996; b. December 1, 1996 through February 1997; C. March 1, 1997 through May 1997; d. June 1, 1997 through August 31, 1997. CITY shall disburse funds based upon the submittal 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. City has the right to recapture all or a portion of CPCDVP funds not requested for disbursement 30 days after the end of the fiscal year, June 30, 1996. 2. SUBGRANTEE agrees to conduct all activities of the organization, whether funded in whole or in part by CPCDVP 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. SUBGRANTEES who have received $25,000 or more in grant funds are 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). 3. The CITY shall have the right to recapture all or a portion of CPCDVP funds disbursed to SUBGRANTEE should the SUBGRANTEE fail to comply with all of the terms and conditions of this agreement or refuse to accept any conditions which may subsequently be imposed by the U. S. Department of Justice for the operation of the Community Policing to Combat Domestic Violence Program. 2 TPUG:AgreeMomestic RLS 96-519 • • 4. SUBGRANTEE shall not dispose of any real or personal property acquired in full or in part with CPCDVP funds through sale, use, or relocation without the express and prior written permission of the City, and SUBGRANTEE agrees to maintain program records for a minimum of three years after the close-out of the subgrant and to make such records available for onsite monitoring by CITY not less than annually and to periodic inspections by HUD officials during this three-year period. 5. SUBGRANTEE agrees that no officer, employee, agent, or assignee of CITY having direct or indirect control of CPCDVP 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. 6. 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 CPCDVP funds administered under this Agreement. 7. SUBGRANTEE agrees that in the event it is unable to perform or defaults upon any provision contained herein, the CITY shall have the right to recapture the full amount of funds granted to SUBGRANTEE. 8. 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. 3 7/PL:G: Agree:Domestic RLS 96-519 0 • 9. SUBGRANTEE hereby agrees to protect, defend, indemnify and hold and save 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 costs or attorney's fees incurred by CITY in enforcing this obligation. 10. Pursuant to California Labor Code Section §1861, SUBGRANTEE acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; SUBGRANTEE convenants that it will comply with such provisions prior to commencing performance of the work hereunder. SUBGRANTEE shall maintain such workers compensation insurance in an amount of not less than One Hundred Thousand dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand. Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. SUBGRANTEE shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. SUBGRANTEE shall furnish to CITY a certificate of waiver of subrogation under the terms of the worker's compensation insurance and SUBGRANTEE shall similarly require all subcontractors to waive subrogation. 4 7/PL:G:Agree:Domestic RLS 96-519 11. INSURANCE. In addition to the workers compensation insurance and SUBGRANTEE's covenant to indemnify CITY, SUBGRANTEE shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the I PROJECT. Said policy shall indemnify SUBGRANTEE, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated 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 PROJECT shall be deemed excess coverage and that SUBGRANTEE's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self -insured retention; or a "deductible" or any other similar form of limitation on the required coverage. 12. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS. 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 foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and 'policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 5 WPLZ AgreeMomestic RLS 96-519 • 1 • 4. shall 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. " SUBGRANTEE shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. 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 representative 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 hereinabove required 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. CALIFORNIA PREVAILING WAGE LAW. The CITY has ascertained from the Director of Industrial Relations of the State of California the general, prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the works is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. SUBGRANTEE and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Subgrantee Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 SUBGRANTEE agrees to secure payment of compensation to every employee. 6 7MUG:AgreeMomestic RIS 96-519 14. CALIFORNIA PREVAILING WAGE LAW - PENALTY. Pursuant to this Agreement and in accordance with section 1774 and 1775 of the California Labor Code, SUBGRANTEE shall, a penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by SUBGRANTEE or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 15. CALIFORNIA EIGHT -HOUR LAW. California Labor Code, Section 1810 et seq., shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and SUBGRANTEE and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code, Section 1815. SUBGRANTEE and each subcontractor employed by it hereunder shall, in. accordance with Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 16. CALIFORNIA EIGHT HOUR LAW - PENALTY. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, SUBGRANTEE shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by SUBGRANTEE or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 17. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE. Section 1773.8 of the California Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. 7 7/PL:G: Agree Momestic RLS 96-519 • CJ 18. EMPLOYMENT OF APPRENTICES. Section 1777.5 of the California Labor Code, regarding the employment of apprentices, is applicable to this paragraph. 19. PAYROLL RECORDS. SUBGRANTEE agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the project and agrees to require each of its subcontractors to do the same. SUBGRANTEE further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 20. INDEPENDENT CONTRACTOR. It is understood and agreed that the SUBGRANTEE is, and shall be, acting at all times hereunder as an independent contractor and not as'an employee of CITY. 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 the project. 21. All notices pertaining to this Agreement, and any communications from the parties may be made by delivery of said notices in person or by depositing said notices in the U.S. Mail, registered or certified mail, return, receipt requested, postage prepaid and addressed as follows: 8 WPL:G:AgmeMomestic RLS 96-519 • • To SUBGRANTEE: CSP, Domestic Violence Services 16842 Von Karman #425 Irvine, 'CA. 92714 Attention: Barbara J. Morrison To CITY: City of Huntington Beach Police Department 2000 Main Street Huntington Beach, CA 92648 Attention: R. E. Lowenberg Any of the parties may cancel this Agreement by giving thirty (30) days written notice of said cancellation to the other party hereto. In the event .of termination or cancellation for any reason, CITY shall be liable for services rendered up to such termination. This document fully expresses all understandings of the parties concerning all matters covered and shall constitute the total Agreement. No prior written or oral provisions or understanding, between the parties shall have any force or affect. No addition to or alteration of the terms of this Agreementshall be valid unless made in writing and formally adopted in the same manner as this Agreement. -, 22. 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 9 7/PL:G:Agree:Domeslic RLs 96-519 • • 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. CSP DOMESTIC VIOLENCE SERVICES, a nonprofit California co r tion By: J-01 �s ITS: (circle one Secretat /Chief Financial OfficetUsst. Secretary - Treasurer REVIE D AND APPROVED: City AdIninistrator CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: it e �a y Atto �1n y 10 7/PL O AgreeMomestic RLS 96-519 SUBGRANTEE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CSP, DOMESTIC VIOLENCE SERVICES FOR COMMUNITY POLICING TO COMBAT DOMESTIC VIOLENCE PROGRAM FUNDS SCOPE OF WORK ATTACHMENT "A" 1. Services to be provided by CSP, Domestic Violence Services: orders; a. Respond to a victim's immediate emotional and/or physical needs including food, clothing, lodging, transportation or financial assistance; b. Telephone and, in -person support counseling services; C. Assist the victim to participate in the judicial process, including court support and accompaniment; d. Advocate on behalf of the victim, i.e., filing crime victim compensation claims, intervention with employers and/or creditors, case information and disposition, translation services; e. Assist in the preparation of Temporary Restraining Orders (TRO), including custody f. Refer to community resources appropriate to the victim's needs, i.e., long-term counseling and shelter care; and g. Provide the Domestic Violence Prevention Act and Family Law Act at regularly scheduled officer briefings and other designated forums as appropriate. The above victim services shall be provided in the Huntington Beach Police Department or in the field Monday through Friday, 8:00 a.m. through 5:00 p.m. at the request of an investigating officer. 2. In addition, SUBGRANTEE agrees to supply the following: a. One (1) full-time Victim Specialist on site at the Huntington Beach Police Department for immediate response and continued support services to victims of domestic violence; b. An Education Specialist to train officers on the problem of domestic violence, emergency protective orders, and temporary restraining orders; and C. All office supplies required for daily activities, liability insurance, travel costs for victim outreach, court support and accompaniment. 7/PL:G:Agree Momestic RLS 96-519 DATE (MNI/DDrM 08/28/96 PRooucER THIS CERTIFICATE IS ISSUED AS A MATTER F INFORMATION ONLY AND CONFERS NO RIGHTS UPON E CERTIFICATE Chapman &Associates Inc HOLDER. THIS CERTIFICATE DOES NOT ND, EXTEND OR 261 North San Gabriel Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. GE COMPANY A Great American INSURED •COMPANY Community Service Program Inc B 16842 Von Karman Avenu Irvine, CA 92714 ;PAO Mf COMPANY C COMPANY LJF D RIRIE 1151 111 11 1111 ZZ51 NOR R111 R1 'THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co LTA TYPE OF INSURANCE I POLICY NUMBER I I POLICY EFFECTIVE DATE (MMIDDf POLICY EXPIRATION )/YY) I LIMITS . A GENERAL LIABILITY PAC720684403 10/01/95 10101/96 GENERAL AGGREGATE $ 2,000,000 X PRODUCTS - COMP/OP AGG $ 1,000,000 COMMERCIAL GENERAL LIABILITY 7 CLAIMS MADE 7x OCCUR w PERSONAL & ADV INJURY $ X EACH OCCURRENCE .1,000,000 6 1,000,000 OWNER'S & CONTRACTOR'S PROT X FIRE DAMAGE (Anyone fire) S 50,000 Professional X I Personal Inry M ED EXP (Any one person) $ 5,000 A AUTOMOBILE LIABILITY PAC720684403 10/01/95 10/01/96 COMBINED SINGLE LIMIT $ 11000,000 ANY AUTO BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per person) X BODILY INJURY HIRED AUTOS x NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE A'J '1'0 FORKV GARAGE LIABILITY F77717.11 AUTO ONLY - EA ACCIDENT S ANY AUTO fi E, y OTHER THAN AUTO ONLY: EACH ACCIDENT S $ 3YT­M AGGREGATE $ EXCESS LIABILITY T 7 EACH OCCURRENCE $ AGGREGATE UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EL EACH ACCIDENT EMPLOYERS' LIABILITY r EL DISEASE -POLICY THE PROPRIETOR/ PARTNERS/EXECUTIVE INCL EL DISEASE - EA EMPLOYEE S OFFICERS EXCL A OTHER Crime CRP790314001 10/01/95 10/01/96 Emp Dishonest 350,000 Deductible 1,000 DESCRIPTION OP OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEM Certificate holder, Its agents, ofricers, employees and volunteers are named as additional insured as respects their Interest in connection with the named insured. This Insurance is considered primary & non-contributory .. ................ . . . . . . . . . . . R ZEEIF53171111 I 1 111111 1 111 ------- I -------- -------- City or Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE Police Department EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 111INIMMUCIUK" MAIL . 30 DAYS wmrrEm NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 2000 Main Street Attn: Sgt. Ron Burgess srz to Huntington Beach, CA 92648 X No AU INSURED: Community Service Program Inc DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS - (Continued): with any insurance carried by the certificate holder. No deductible or self insured retention applies to any insurance stated on this form. POLICY NUMBER:.PAC220684403 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED --DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organlzatlon: City of Huntington Beach Police Department 2000 Main Street attn: Sgt. Ron Burgess Huntington Beach, cA 92648. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. Community Service Programs Inc. 16842 Von Karman Avenue Irvine, CA 92714 CG 20 261185' Copyright. Insurance Services 015M Inc..1984 . ❑