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AGREEMENT TRANSLATION PROGRAM '. AGREEMENT THIS AGREEMENT is made and entered into on th~y of ij"~~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 151 day of January 2001, and shall terminate on the 30th day of September, 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 the Spanish interpretation/translation portion of the Hispanic Services Outreach Program per the attached Scope of Services (Exhibit B). The City's maximum liability under this contract shall not exceed $45,350 - the total amount budgeted in the grant for the interpretation/translation portion of the Hispanic Services Outreach Program. 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 January 1, 2001, the City will pay the Contractor a quarterly fee in the amount of $15,116.66 for each quarter through September 30,2001. The City's maximum liability under this contract shall not exceed $45,350 - the amount budgeted in the grant for the interpretation/translation portion of the Hispanic Services Outreach Program. 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 St. Petersburg, FL 33701 With a copy to: Sandra Lyth, Director Strategic & Program Development 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 unenforceabillty 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: Bria!h-lfl S4 Mayor-Commissioner CLEARWATER, FLORIDA B~' 7TI:: iIIiam B. Horne, II Interim City Manager Approved as to form: Wc'~ ~ HN-tIi Robert J. urette Assistant City Attorney Attest: (l~ & ..~ . L.. .:. (J6~" Cyn 'a E. Goudeau .. . ~ty ~~ .... By: EXHIBIT ~ lNSURANCE REQl1lREMENTS The bidder will procllre alld mlintaiD the foUowinelDsurance coverace: I. Works' Compensltion Ind Employen' Ulbility-tlle bidder sblll procure and maintlin for Ibe life of Ibis purcbue order. Worken' CompeasltinD lasunlnce coverine all employees wilb limits meelingall applicable state and federal laws. This coverage sball include Employen' Liability with limits meedD& allapplic:abJe state nd fedenlllaws. 1. Genenll Liability-TIle bidder sllall prucuft alld maiatain for tile life of Ibis purclllse order, General Liability lasunDee. This _ra...1IaD be o. I. 'OccurreDee' basis IDd sllll1 include: Premises aad Operatioas; IDdependeDt Coutracton; Products and Complete OperalloDs lad Contradnll LIability. Coverage sllll1 be DO mon restrlcdv.lbaD tile Illest edition of IlIe Commercial GeDem Liability policies of tile lasurlaee Senica OIl1ce. This policy slllO pl'll\'lde covera.. for deatll, bodily injary, penoDlllajary ar property dlmace tbal tIluld lrise dlnctly or Indirectly rrom IlIe perfOI1lUlDCC of tIIb pDrcllae order. The minimum limits of coverage shaD be S5OO,ooo per Occurreace Combiaod Slaeic Limit for Bodily Injury LiJlbiUty aad Propeny Daml" LIability. The City shill be iucluded aad ideatdlcd .. aD AddItlo.... Insured aDder the policy certificate of lasuraace. 3. Baslness Automobile LlaIlIllty-1be Bidder sbaII p..-n IlId malatslD, for tile life of tile purchase order. BllliDcss Automobile Liability luuraacc. The minimum limits of .....~_. sbaR be S3OO.ooo per Occurrenee. Combinod Siaale Llmil for Bodily lajury Llallility I.d Property Daml. LlablDty. This coverap shall be III "Ally Auto"type policy. OJl,enp 11I111 be lIa _ nstricdve thu the latest edItioll of the Business Automobile Policies of tile lasaraace ServlcesOIlicc. 4. Indemnity-TIle bldder....1 defend, IadCIDaiI'y, live ..... hold lbe City harmlcss. from lay and III claim.. salll, jadptetlls aDd liability for deatll, penoulllljury, bodily injary or property dlmlge arislne dlnctly or indlncdy Iivm perfol1lUlace of this pan:bue order by bidder, lis employeet, snbcolltracton or _ips, iDdudiD& lepl fea, coart costs, or otber lee_I npenHl. The hldder acJuaowledces "'t It Is ....., nspoasible for complyine with tile terms of Ibe purcbae order. 5. SUDDlemenlal ProvisIons I) The insurance CO\'eraplI aad coDdillons aJronled by tbls policy sblllnot be suspeaded, voided. Clnceled or modlfted esccpt after thirty (30) da)'ll prior written notice hy certified mail retnm receipt requested hu been pea to tbe City's Risk Mlugemeat omce. b) CenlDcates onnsunnce mcetine the spceiDc requind Insunnce provisions specified required Insurance provisions speciDed wilblD Ibe purchase order sbll be forwarded to lb. Cily's Risk Mlullemeat orrin aad Ipprovod prior to start of Iny work. After review, lb. C.rtinale will b. med witb Ih. Purchasing omce as apart or Ibe ori&inal purcba5C order. Esbibil A (coollaued) c) Receipt nd acceptance or a bldder's Certlllate 01 lasuruce. or olber similar documeaL does nol constllule acceplnce or appro...1 01 amouats or types 01 connlcs wbicb may be Ins tbn required by Ibe purcba... order. d) Tbe City may at its oplioa reqaire a CGtIy oUbe bidder's lasonace policln. e) An Jasanace policies reqaired witb tIlll parcb... arder sball provide laU covenle lrom tile Om doUar 01 espasure ualas otbenriH sUpalaled. No deductlbles wiU be accepted without prior appnmallrom die City. 6. Salely aad Healtb Reqalremeats a) Sale aad Healtblul Work Eaviroameal-lt II tile bidder's ,ole duty to pl'OYlde s.le and beallhlul workiDI COadltiODS to ils _p1oyee IIIIlI tbme 01 the City oa ad about die project site. The City assames aa dilly lor luparvlsioa 01 the bidder. Stop Work Orden-The City may order tbat tbe work stop II a caadltioa ollmmedlale danpr to City employees. equipmenl or property clamap niItL nil pl'OYisloa sball Dot Ibln respoalibility or risk 01 loss lor lajuries or damap sustalaed lrom Ibe bidder to tbe City, aad tbe bidder ....11 remala solely respoasible lor compllaaee wldlaU .arety requirements and ror salety 01 all penoas aad property at tbe project lite. c) CompUaace wltb Salely aad Healtb RClala~The bidder sball comply wltb tbe Occapatloaal Salely aad HeaItb Admialstntloa (OSHA), tile FtDrida Depart1lleat or labor aad EmpJoymCllt SCCtlrUy aad aU otber appropriate federal, state, loat replatioas or City ..Iely aad baldlltaadanls. EXHIBIT B YWCA OF TAMPA BAY INTERPRETER PROGRAM SCOPE OF SERVICES Program Components The Translation program was initially funded in the 1999-2000 fiscal year. This scope of services represents a continuOltion of the elements outlined in the earlier contract. 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 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 Weed and Seed area 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. _, (I' 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 Clearwater Police Department and the CEO of the YWCA as required.