HISPANIC SERVICES OUTREACH PROGRAM
AGREEMENT
THIS AGREEMENT is made and entered into on the 3'd day of November, 2000, by
and between the YWCA of Tampa Bay, hereinafter referred to as the "Contractor", and
the City of Clearwater, Florida, a municipal corporation, hereinafter referred to as the
"City", hereby incorporates by reference the City of Clearwater's "Standard
Requirements for Requests for Proposals"; Exhibit A - Insurance Requirements; and
Exhibit B - Scope of Services.
WITNESSETH:
WHEREAS, the City has been awarded a grant from the Executive Office of
Weed and Seed, U. S. Department of Justice, of which a total of $80,000 has been
allotted to provide an Hispanic Services Outreach Program;
WHEREAS, the Contractor has agreed to design, implement, and administer the
Hispanic Services Outreach Program for the City;
NOW THEREFORE, in consideration of the promises and the mutual covenants
contained in the Agreement, the Contractor and City hereby agree as follows:
1. TERM.
This Agreement shall commence on the 3rd day of November 2000, and shall terminate
on the 2nd day of November, 2001, unless earlier terminated by either party hereto.
Either party may terminate this Agreement upon thirty (30) days prior written notice. If
Contractor fails to provide services for a quarter for which Contractor has already been
paid, Contractor agrees to return a pro rata share of the payment for that quarter to
City.
2. CONTRACTOR'S SERVICES.
The Contractor shall furnish all material and perform all of the work for administration
and implementation of that portion of the Hispanic Services Outreach Program that
provides advocacy on behalf of Hispanic crime victims in their dealings with the police
per the attached Scope of Services (Exhibit B). This agreement shall exclude Spanish
interpretationltranslation services, which will be addressed in a separate agreement
with the Contractor in the amount of $45,350.
3. CONSIDERATION.
Upon execution of this Agreement by all parties, the City will pay for costs associated
with the implementation of the program as specifically indicated in Exhibit B. Beginning
November 3,2000, the City will pay the Contractor a quarterly fee in the amount of
$8,662.50 for each quarter through September 30, 2001. The City's maximum liability
under this contract shall not exceed $34,650 - the total amount budgeted in the grant
for the Hispanic Services Outreach Program, excluding Spanish
interpretation/translation services.
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4. THE WAIVER
Failure to invoke any right, condition, or covenant in this Agreement by either party
shall not be deemed to imply or constitute a waiver of any rights, condition, or covenant
and neither party may rely on such failure.
5. NOTICE.
Any notice or communication permitted or required by the Agreement shall be deemed
effective when personally delivered or deposited, postage prepaid, in the first class
mail of the United States properly addressed to the appropriate party at the address set
forth below:
A NOTICES TO CONTRACTOR:
Mail to:
Peggy Sanchez Mills,
Executive Director
YWCA of Tampa Bay
655 Second Avenue South
S1. Petersburg, FL 33701
With a copy to:
Sandra Lyth, Director
Strategic & Program Development
YWCA ofTampa Bay
655 Second Avenue South
SI. Petersburg, FL 33701
B. NOTICES TO CITY:
Mail to:
Sid Klein, Chief of Police
Clearwater Police Department
645 Pierce Street
Clearwater, FL 33756
With a copy to:
City Attorney's Office
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758
6. ENFORCEABILITY.
If any provision of the Agreement is held by a court of competent jurisdiction to be
unenforceable, the remainder of the Agreement shall remain in full force and effect and
shall in no way be impaired.
7. ENTIRE AGREEMENT AND AMENDMENTS.
This Agreement constitutes the entire agreement of the parties with regard to the
subject matter hereof, and replaces and supersedes all other agreements of
understandings, whether written or oral. No amendment or extension of the Agreement
shall be binding unless in writing and signed by both parties.
8. BINDING EFFECT, ASSIGNMENT.
This Agreement shall be binding upon and shall inure to the benefit of the Contractor
and the City. Nothing in this Agreement shall be construed to permit the assignment by
the Contractor of any of its rights or obligations hereunder, as such assignment is
expressly prohibited without the prior written consent of the City.
9. GOVERNING LAW, SEVERABILITY.
In the performance of the Agreement, each party shall comply with all applicable
federal, state and local laws, rules, ordinances and regulations. This Agreement shall
be governed by the laws of the State of Florida. The invalidity or unenforceability of
any provision of this Agreement shall not affect the validity or enforceability of any
other provision.
In witness whereof, the parties hereto have set their hands and seals on the date first
above written.
Countersigned:
g.~
Brian J. A st
Mayor-Co missioner
--
CIT~.CLEARWATER, FLORIDA
By: ~~ -U--.
William B. Horne, II
Interim City Manager
Approved as to form:
.V2 Y:J J ~v~1k
Robert J urette .
Assistant City Attorney
Attest:
. k4l/~d'~1
~ynthia E. Goud au ,. " .
0- City Clerk-
YWCA OF TAMPA ;-
/7 .
If'" /I
By: /1 f
Peggy
EXHIBIT A
INSURANCE REQUIREMENTS
The bidder will procure aDd maiDtaiD tbe followial iasunace cavenle:
I. Works' Compensation and Employers' Llability~he bidder shall procure and maintain for
Ihe life of Ibis purcbase onler, Workers' Compensalloa lasunace <overiol all employees wilh
limits molinl all applicable stale aDd federal laws. This covenge shall iodude Employers'
Liability with Iimill meetiDg all applicable slate aDd federal laws.
Z. Geaeral Liability-The bidder shall procDre ad malDlaiD for tbe life ofthis purchase order,
General Liability lasaraace. lbls covenle slaall be AD aD 'Occurreace' basis aad shall iadude:
Premises aad Operations; IDdepeadeat COlltncton; Products aad Complete Opentions aad
Contractual LlabiUty. Coverage shall be no more restrictive thaa the latest edition of Ibe
Commercial Geaenli Liability policies of the lasuraace Servka Office.
This policy shall provide c:overace for deatb, bodity InJory, penoaal iDjury or properly damace
that could arise directly or iDdlrecdy from tbe performaace of tbb purchase onler.
The minimam l!mill of coverage shall be S5OO,OOO per Occurreuce Combined Sialle Limit for
Bodily Injury Liability aad Propeny Damace Liability.
The City shall be iadllded and Ideatified as an AdditloaallDsured uader the policy certificate
of insuraace.
3. Business Automobile Llability-lbe Bidder sball procure and malalala, for the life of tile
purchase order, BasiotlS Automobile Liability luunace.
Tbe miaimum limits of coverage sban be S3OO.ooo per Occ:urreace. Combined SIDIIe Limit
for Bodily lajury L1abUlty aDd Properly Damap LIability. This coverace sball be an .. Aay
Auto" type policy. CavenplbaU be nD more restrictive than tbe latest editioD of the
Busines. ADtomobile polleles oftbe luuraace ServlcesOrr_
4. Indemnity-The bidder sball defelld., illdemnlfy, san aad bold the City harmless from aay aad
all claims. suits, Judgmeats aad lIabUity for death, penoaal iajury, bodily iajury or propeny
damage arising directly or iodlrectJy from performaace of tbis purchue onler by bidder,
Its employees, subcoatracton or .PT'-' illeladtac leeal fees, <ourt costs, or other leeal
el.peases. The bidder ackaowledC_ "'t It Is solely respoasible for complylal witb tbe terms
of the purchase onler.
5. SUDolemenlai Provisions
a) The iasuraDce covenplaad coaditioas afforded by this policy sball aot be suspeaded,
voided, canceled or modlned nccpt aner thiny (30) days prior writtea ootice by
certified mail return receipt reqaested has beeD eivea to the City's Risk MaaagemeDt
Office.
b) Certlllcates ollasuraDce meetial tile specific required lasuraDce provisloDS specllled
required Insuraac~ provisions specified wilhia Ih~ purchase onler shall be forwarded 10 Ihe
City'. Risk Maugement Office aDd approved prior to start of aay work. Aller review, the
Cerlincale will be med with tbe PurchaslDI Ornce as apart of Ih~ original purchase order.
"
Esbibil A (cOnlinued)
c) Roceipt and accepl8nce of a bidder's Certificate or iaunDce, or otber .imilu documeat,
does nol constitule acceptaDce or appronl of amoualS or type! or covenc" wbicb may be
Ie.. th80 required by Ibe purchase order.
d) Tbe City may at ilS option require a copy or Ihe bidder's iosurance policin.
e) AlllasunDce policies required witb tbil purcbase order sball provide rull eovence
from tbe lint dollar of eSp05ure UDIm othenriH stipulated. No deductibles will be
accepted witbout prior approval from tbe City.
6. Sarety and Hnltb Requirement!
a) Sare aDd Healtbrul Work Eaviroameat-l11S tbe bidder's sole duty to provide safe and
lIeallbful workiq coadltiolll to its employees aad tboIe or tile City aD ud aboul tile
project site. Tbe City usumes ao duty ror suparvlsioa or lbe bidder.
Slop Work Orden-- TIle City may order Ibattbe work ItOp ih cODdltioa ollmmedlale
dancer to City employ-. equlpmenl or property damace esistl. TIlls provisioa Iball
Dot Iblft resPODlibility or risk of Ion for iajuries or damace .usl8iaed from tbe bidder
to Ibe City, aDd lbe bidder sball remaia solely relJlClllSible for coIDpliaDce wilb aU lafety
requirements and ror sarety of all panoas aDd propeo'ty at tbe project .Ite..
c) Compllaace with Sarety aad Hnltb Reculallo_The bidder sball comply wllb Ibe
Occapatlcmal Sarety aDd Hnltb AdmlDlstntlcnl (OSHA), Ibe f10rida Departmeat or
labor aad Employmeal Security aDd all otber appropriate rederal, SI8... local rqulation.
or City sarety aDd bnllb staDdants.
EXHIBIT B
YWCA OF TAMPA BAY ADVOCACY PROGRAM
SCOPE OF SERVICES
Program Components
1. Outreach
. Contact individuals and organizations in the community. providing
information about the advocacy services of the YWCA of Tampa Bay
. Provide direct information to victims and potential victims of crime through
notices in Spanish speaking businesses, churches, public speaking, and
word of mouth
2. Intervention
. Provide advice and counseling with the objective of having the incident(s)
reported to the police
. Provide support and assistance during interviews, legal proceedings, and
related processes
3. Referral and Support
. Assist Hispanic victims to gain access to services that may be required by
the victim as a result of a crime, such as alternate housing, financial aid,
medical care, and services for children, as needed
. Refer the victim to agencies and services which have a Spanish speaking
capability, according to the needs of the individual
. Assist the victim in maintaining a working relationship with the police
during the process
4. Liaison with the Clearwater Police Department (CPO)
. Provide information to Senior Officials and Officers of CPO regarding
obstacles faced by Hispanic residents in reporting crimes and seeking
redress through the legal system
. Provide training or orientation to members of the CPO regarding the
program
2
. Work continuously with representatives of the CPD to improve the
awareness of Hispanic residents of the services available to them through
the legal system.
5. Public Education
. Attend meetings, give presentations, and perform other functions which
will enhance the visibility of the needs of the Hispanic community,
specifically victims of crime, and the needs of Hispanic women and girls
6. Outcomes
. The Coordinator of Hispanic Services will maintain records of activity and
case by case outcome on all of the above responsibilities. The
Coordinator will prepare a monthly report, to be reviewed by the Hispanic
Services Advisory Committee of the YWCA, and the Clearwater Police
Department
. As this is a new program, it is premature to establish numerical objectives
at this time. However, the case records will be examined monthly to
identify trends and define the needs of victims in the Hispanic community.
j".-
~ Clearwater
()
Interoffice Correspondence Sheet
FROM:
Janis Przywara
Kelly O'Brien ~~~
TO:
cc:
Captain Wayne R. Meissner
Date:
October 5, 2000
RE:
Agreement w /YWCA for Hispanic Services Outreach Program
1 am forwarding an original agreement to be kept until the Commission's approval.
The item is going before the Commission on 11/02/00. Once the Commission
approves the agreement, please forward for signatures. Please have a copy
returned to me as 1 will forward a copy of the agreement to the YWCA and keep a
copy for our records.
If you have any questions, please feel free to phone me at 562-4185. Thank you
for your assistance.
ATTACHMENT