AGREEMENT - IMPLEMENTATION OF OPERACION APOYO HISPANO
AGREEMENT
THIS AGREEMENT is made and entered into on the 13th day of December, 2001, 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
Exhibits B & C - Scope of Services.
WITNESSETH:
WHEREAS, the City has been awarded a grant from the Florida Department of
Law Enforcement, Edward Byrne Memorial State and Local Law Enforcement
Assistance Formula Grant Program, in the amount of $86,666, including a cash match
in the amount of $21 ,666, for the implementation of "Operacion Apoyo Hispano;"
WHEREAS, the Contractor has agreed to implement and administer Operation
Apoyo Hispano in the partnership with 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 13th day of December, 2001, and shall
terminate on the 30th day of September, 2002, unless earlier terminated by either party
hereto. Either party may terminate this Agreement upon thirty (30) days prior written
notice.
2. CONTRACTOR'S SERVICES.
The Contractor shall furnish all material and perform all of the work for administration
and implementation of Operacion Apoyo Hispano, which provides interpreter, victim
advocacy, and crime prevention services to Hispanics in the City per the attached
Scope of Services (Exhibits B and C).
3. CONSIDERATION.
Upon execution of this Agreement by all parties, the City will pay for costs, including
cash match, associated with the implementation of the program as specifically indicated
in Exhibits Band C. The Contractor shall submit monthly billing to the City, including all
invoices, receipts, copies of payroll checks, and other documentation of expenses for
which the Contractor seeks reimbursement pursuant to this Agreement. Such monthly
billing shall be submitted to the City no later than twenty (20) days after the close of
each month. Financial reports shall be filed by the City of Clearwater with the Florida
Department of Law Enforcement (FDLE) on the first day after the close of each month;
/~
upon receipt of reimbursement from the FDLE, the City shall reimburse the YWCA. The
City's maximum liability under this contract shall not exceed $86,666 - the total amount
of the grant, including match.
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,
Chief Executive Officer
YWCA of Tampa Bay
655 Second Avenue South
St. Petersburg, FL 33701
With a copy to:
Sand ra L yth
Deputy Director
YWCA of Tampa Bay
655 Second Avenue South
St. 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:
Bri?~\
Mayor-Commissioner
APP~foJ~
Robert J.Su e
Assistant City Attorney
/y
-
. ~. -., .. .:-' ..,. ~ -..: ~.""":- ~,.......:"-. :--':"".::
EXHIBIT ~
INSURANCE REQUlREMENTS-
Tbe bidder will procure aad malawa tbe followiDl iasaraace COYeral':
I. Works' Compensadoa aad Employen' Llabllity-tlae bidder sban procure aad maintaia ror
lbe life of ibis parcbae order. Workers' ComptDUtloD IDsunDce coverial all employees with
limits meetinl all applicable stale aDd federal laws. nis covenle shaU iaclude Employ~rs'
Uability with IImitlmeetlDc aU applicable state aDd federal laws.
2. Ceaeral LIability-TIle bidder shall procare .... maiDtaiD for tb. ute of tbis parcba. order.
Ceneral Uabllity (asarallCL nas CGft..... sW lie... aD 'Ocearreacet basis aad sball iDclude:
Premises aad Opentioas; ladepeadeal CoatndOn; Prodacts .1Id COlDplete Opentloas aad
Conlnctua' LlabiUly.CoveraP sbaU be DO mon .....tricdY. dlaa llaelatest edilioa of tbe
Commercial Gnema LiabIlity poUcils of tile lasaruce Services omce.
This poUe)' sbaU proride awenp for datil, badlIy IDjary, plnGlIIIllDjary or property "mlCf
Ibat could arise dlncdJ or iadlncl11 tram tile perfonuace of tills parclwe onter.
The miaimam llaaitl 01 cannp shall be S5OO,ooo per Occurrence COlDbiDed Slalle Umit for
Bodily lajary LiabIIitJ ... 'ropeny 0aaI. UabWtJ.
The City sban be iDcIaded and ldeadW .. aD AddWoul Iannd under tile polley certificate
of iasuraace.
3. Basinal Automobile Uabllity-'nae BIdder sIIaII procure aDd ...iataia. for Ibe Ilte of tile
parchae order. ........ Automobile LIability lalanace.
The miaimam JbDitI 01 .,oyerap.... be S3OO.ooo pw OccarreaCL Comblaed Siade Limit
for BodIly lajary LIability _d ~.....nr 0.... Liability. TbIs coverap sbaD be aD II ADy
Auto" type poIiq'. a...... slid be _ ..n ~~ dIaD tbe latest editloa oflhe
Business Aatomoblle PoUdes oItJae IasDnDceSerYiasODlce.
... lademaity-De bidder sIIaII d~ llldemaify, sue and hold tile Oty urmless. from aay aad
all claims. sales. jadreaD aad UabIIItJ tor....... pena....lajary, badDy iDjury or property
dama,e arislal dIncdJ 01' iadlncdy froID pafo....... of'tbls pan:lwe order by bidder,
Its ...ploy..... subcoatl'adOn or ....,... iBcIadI8& Itpl rea, court COlts. or otber ..-.
npeaHL 1'Iae bidder ackaowIedps tbt it II...., I'ISpODSible ('or colDplyial witb tbe lenDS
of tbe pardi... order.
s. SUDolemeata' ~
a) De iasunace wWUIpS aad CODdittoas aft'orded by tbls poUcy sban aot be suspeaded.
voided. caacelld or aaadmecl acept after tblrty (30) days prior wriltea notice by
certified maU retara nceipt reqaesttd .... been pell to tile City's RIsk MaPlemeat
Omce.
b) Ceniftcates ollasunace meetlaa Ibe speci8c nqaind iasuraace provisions specified
required insurance proYtsioas spedfied witbia tbe purchase order sball be forwarded to the
City's Risk MaDaleDlCDt Ollke aad approved prior to starc 01 aay work. After review. the
Ccrclnate will be med with tbe 'urchainl Ornee a apart of the orilinal purchase ordu.
~
.Y".-........~...,:--.'"'=:..~..,
Esbibit A (COnlillaed)
c) Receipt and acceptance 01. bidder's Centfleaa. 01 lasuranee. or otber silDilar doculDtIIt.
docs not constitute acceptance or approYaI 01 amounts or types 01 coyeralcs wbicb may be
Ins tbaa reqaiml by tbe parcba. order.
d) Tbe City .ay at its option reqain a copy or tb. bidder's iusuraace policies.
e) An Jasunan policies reqaind witb ebb pucla... order sball premde laU covenle
Ira. tile first dollar 01 'spoIaR aalas otIatnrise sUpalated. No dedacdbla will be
accepted withoat prior appnmal fro. the CIty.
6. Sarety and Hnltb Requinmeats
a) Sare and HeaJtbful Work Eaviroamtnl-tt Is die bidder's IOle duty to provide .are and
kaltbrul workiaC ~adltlo.. to its employees aad tIaaIe 01 the City OD ud aboat the
project site. TIle oay ..aIDes DO duty for supervision of tbe bidder.
Slap Work Orden- n. Oty .ay order that tile work stOp if a condition of Immediate
danpr to City eaaployea. equipmeat or property dalll8l' aistL nil pl'OYisiOD sball
aOl sb1R rapoasibiUty or risk or lass ror injaria .. dim. sustain'" frolD lb. bidder
10 tb.Oty, uti tile bidder sbaU mui11lOlely rapODli"" for COIDP"''' with aU ..rety
requlmaea..aad for salety of aU persoas aad propel'tJ at lb. project sttL
c) COlllpUaDce witb Sarety aDd Health Replatlou-Th. bidder sball comply witb tbe
Occapattoul Safety aDd Healtb Admiabtrattoa (OSHA), die f10rida Department of
labor and ElllpJoyIDat Security .... all odIer appropriMe federal. .....loaJ replatioas
or Oty safety ud bealth staadardL
~
EXHIBIT B
YWCA OF TAMPA BAY INTERPRETER PROGRAM
SCOPE OF SERVICES
Program Components
The Interpreter program was initially funded through the Executive Office for
Weed and Seed, U.S. Oepartment of Justice, in the 1999-2000 fiscal year. This
scope of services represents a continuation of the elements outlined in the earlier
contractual arrangement between the YWCA and the City of Clearwater.
1. Supervision
. Fulfill the functions of supervisor for interpreters and any volunteers or
other staff that may be connected with the program
. Maintain an on-call procedure which meets the needs of the Clearwater
Police Oepartment (CPO), revising and improving as necessary.
. In collaboration with CPO, maintain a protocol for working with the police
and the courts, in various settings, including interviews, the scene of a
crime, and in legal proceedings, revising and improving as necessary.
2. Recruiting
. Maintain a group of approximately 12 trained interpreters, who are fluently
bilingual in Spanish and English, to act as interpreters between Spanish
speaking residents of the City of Clearwater and the police.
. In collaboration with the CPO, continue to recruit, screen, and train
interpreters, as needed.
3. Training
. In collaboration with CPO, deliver a training program two times per fiscal
year for interpreters. The training program includes orientation to Criminal
Justice processes, the role and responsibility of an interpreter, protocols
for working with the police and in legal proceedings, stress management,
and other related elements
. Identify any needs for on-going training that the interpreters may have,
and develop suitable training or support mechanisms required.
,~
2
4. Information Management
. Maintain an information management system, including reports written by
the interpreters following a call-out.
. From this information, maintain a data base of critical information,
including descriptions of the incidents, the participants, time of day, etc.,
which will be developed into a formal evaluation
5. Reporting
. Provide reports to the CPO and the CEO of the YWCA as required.
~
EXHIBIT C
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 (CPD)
. Provide information to Senior Officials and Officers of CPD regarding
obstacles faced by Hispanic residents in reporting crimes and seeking
redress through the legal system
. Provide training or orientation to members of the CPD regarding the
program
~
2
. Work continuously with representatives of the CPO 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.
~