REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN BERNARDINO
AND RECORD OF ACTION
November 5, 2019
FROM
G. CHRISTOPHER GARDNER, Public Defender
SUBJECT
Title v
Grant Application and Memorandum of Agreement with the Corporation for National and Community Service for AmeriCorps VISTA Members.
End
RECOMMENDATION(S)
Recommendation
1. Approve and authorize the submission of a binding grant application to the Corporation for National and Community Service for four AmeriCorps VISTA members to support the Public Defender’s Building Communities Through Post-Conviction Relief and Engagement program to help remove artificial barriers to employment, increase client access to social services, improve client opportunities for civil engagement and promote client participation in the community, for the period of March 21, 2020 through March 20, 2021.
2. Designate the Public Defender to electronically submit the grant application via the Corporation for National and Community Service web-based application system, eGrants, on behalf of the County.
3. Authorize the Public Defender to enter into a Memorandum of Agreement with the Corporation for National and Community Service, from March 21, 2020 through March 20, 2021, for the placement of four AmeriCorps VISTA members to support the Public Defender’s Building Communities through Post-Conviction Relief and Engagement program.
(Presenter: G. Christopher Gardner, Public Defender, 387-3950)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Create, Maintain and Grow Jobs and Economic Value in the County.
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). AmeriCorps Volunteers in Service to America (VISTA) will fund the insurance benefits of each VISTA member and the living expenses of two VISTA members. The Public Defender (Department) will fund the following for two of the four VISTA members: living expenses (not-to-exceed $29,332), mileage reimbursement (not-to-exceed $2,000), and professional development training (not-to-exceed $1,500), for a total of $32,832. Existing Department staff will provide day-to-day support of the VISTA members including training and supervision at an approximate cost of $64,438 annually, at no additional cost, as staff providing training or supervision will do so within their existing workload. Budget adjustments are not requested at this time, but will be included in a future Countywide Quarterly Budget Report submitted to the Board of Supervisors for approval, if necessary.
BACKGROUND INFORMATION
The Corporation for National and Community Service (CNCS) is the federal agency that leads service, volunteering, and grant-making efforts in the United States. One such grant is the AmeriCorps VISTA Project. AmeriCorps VISTA is a national service program designed to fight poverty. VISTA supports efforts to create or expand programs that bring individuals and communities out of poverty by placing individual VISTA members with host organizations for 12-month term-of-service commitments. VISTA members are deemed to be federal employees with federal insurance and worker’s compensation coverage. CNCS requires a Memorandum of Agreement (MOA) regarding the AmeriCorps VISTA Project.
County residents with prior criminal convictions often lack access to basic services, have limited economic resources and employment opportunities and struggle with poverty. The Department has a legal and statutory duty to provide post-conviction services and achieves this duty through implementation of its Building Communities through Post-Conviction Relief and Engagement Program (Program). The Program emphasizes strategic and collaborative partnerships that support client rehabilitation and access to social services, civil engagement and community restoration by removing barriers that limit client opportunities to economic stability and self-sufficiency. Post-conviction relief helps restore resident access to certain professional licenses, some public benefits and the exercise of citizenship activities, such as voting and jury service. Employment and restoration to the community provide vulnerable residents an opportunity to exit the criminal justice system, defend against harsh consequences, and break the cycle of poverty.
Under the terms of the MOA, the Department will serve as host to four VISTA members who will support the Program. These VISTA members will help to expand the scale, impact, and resource leveraging ability of the Department to implement the Program. They will serve as community liaisons to cultivate relationships, form strategic alliances with local government organizations, community based organizations, and non-government organizations. The VISTA members will help create and roll-out the Program and begin a new grass roots media campaign to strengthen the Department’s relationship with the community. The VISTA members will help to create a data collection system for the department to track results related to employment, promotions, pay increases, housing, restoration of rights, and connecting clients with sustainable social services.
The CNCS grant application, award, and MOA include the following non-standard terms required by the federal agency:
Indemnity
1. There is no indemnification provision, mutual or otherwise, for this limited scope program.
• The County standard contract indemnity provision requires the Contractor to indemnify, defend, and hold the County harmless from third party claims arising out of the acts, errors or omissions of any person.
Insurance
2. Minimum insurance coverage limits are not specified. VISTA members are expressly deemed federal employees covered by federal insurance and worker’s compensation.
• The County standard contract specifies required minimum limits of liability coverage and insurance review.
Law
3. The Grant award and MOA are in accordance with federal law and regulations.
• The County standard contract specifies governance of California laws and provisions.
The Department recommends approval of this item as it will allow the Department to systematize post-conviction relief, thereby increasing economic and employment opportunities for those with prior criminal convictions.
The Program aligns with the County’s Vision4Safety and Community Vital Signs initiatives, supporting safe neighborhoods, schools and workplaces; promoting systems change to ensure quality of life; improving and sustaining workforce and attracting economic development.
The electronic application form submission constitutes a binding agreement to the terms and conditions of the award. The MOA term is for 12 months, March 21, 2020 through March 20, 2021, and may be continued on a year-to-year basis for up to three years, based upon available resources, performance and CNCS priorities. Due to the short turn-around from the application deadline to the MOA start date, Recommendation No. 3 approves the MOA, allowing the Department to enter into the initial 12-month term if the department receives notification of award. The Department will return to the Board for approval to extend the MOA in the second and third years, if CNCS continues the award.
PROCUREMENT
Not Applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (John Tubbs II, Deputy County Counsel, 387-3203) on October 9, 2019; Risk Management (LeAnna Williams, Director of Risk Management, 386-8623) on October 20, 2019; Finance (Monique Amis, Administrative Analyst, 387-4883) on October 15, 2019; and County Finance and Administration (Kelly Welty, Deputy Executive Officer, 387-5423) on October 15, 2019.