Loading...
OPERACION APOYO HISPANO AGREEMENT THIS AGREEMENT is made and entered into on the /..jtt-day of ~, 2002, 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 $91 ,725, including a cash match in the amount of $22,931, 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 1 st day of October, 2002, and shall terminate on the 30th day of September, 2003, 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 $91,725 - 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: Sandra Lyth 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. CI~RWATER, FLORIDA By '.. .AM;~.~-.rr: William B. Horne, II City Manager Attest: A~~/Jd~~ DInPynt~ Goudeau ' 17'v City Clerk By: EXHIBIT A INSURANCE REQtJ1REMENTS" Tbe bidder wiD procure ud maintaill me foUowilll iasaruce CDYerqe: I. Works' Compeasadoa aad Employen' Uabllity-dle bidder SUU procure aad maiataia (ar die life of this pIIn:hae order. Workers' CampeaadaD IDsanace caYerial aU Imployees with limits madal aU appUc:ab1e stale aad rederallaws. nus CDYerale shaLl iadude Emplayers' lJabillty with limits meedDc all appUabJe state.... Icdenlla1n. %. General IJability-'" biddersIaaB ...--~ .....1UiD1aiD for - are of this pardi... order. GcaerU Llablntr IDI1IftIIC& 11aiI wW..np sllalllIe - - 'Ocarnac:e' basis ad suU iaclade: Premises aad Opendoas; lIIdepllld.... CoatndDn; Prodlllm .... ea.plete Opentlaas aad Concncmal lJabilllJ. ~..CRp IlIaD be DO ilia.. .....a.Jdtw. dIaD Cbe faten editlaa 01 tb. Commercial GaerU ll.hRtty palla- GIllie I.asanaa Senica alike. This poller sball praride t:IIrftI'SP for datil. badIIr taj1llT, penaaaltajary or property clam.ce lba. could arise dlrecdJ or iDdlrKdy Cram the perfonaaace 01 tbb pardwe order. The miailaaalbaitl 01 _..... qe sbaJlbe ssoo.OOO per Occarn:Dce Combbacd SlalJe Umit ror BodDy lajllf')' Liabi1ilJ.... P_upenJ' Damap LlabWtJ'. ne City sbaD be iJlchaied ad Ideadlleli .... Ad"'Jloaal Iannd 1IIIder tile paUcr CCI'tUlcace 01 lasuraace. 3. Ruiaas AatDlDObi1e 1JabIIItr-'" BIdder slid pncve _d plwjllC-"'~ lor die life of die purchas. order. a..i.- A....... Liability.......... The mw.am JIaIiII 01 ---JlP.... be s:JfJUOO pwOcaarnaa. eo.biDed S"aad.lJmit for Bodi11'ajur IJI~.... P......&7 0.1 J.# L,IPDItf. 1'IdI amnce sball be - · AD)' Aata" tn- paIky. 0...-4..... - ..... . -..,....... die ..- edIIIDII oltlle Rasia.. AIdDIDOIdII""" 0111I8 ....... L.. ' -G1IIce. .. ladeaudtJ-t1Ia Iddder-- d......l ....... ........".......1aDId die ClIy IIanIIIess f'talll allY ad all...!lIDn..... J....r... ta... UabIIIlJ far....... ..IIDj1nT, badDJ iajll'" or propeny ........ ............, _........., a- t-L altIIiI prdIae order II)' bidder, III .....J~.. _t bii III" _ ..J!"4r II' ..,........... caBt....... adaa' Itpi Dr.... ,......... . -...... daM It II...., I.I1f _r.... far --.d)u.'" tile tenDs of tile para-..... !. Suamematal Plu..ildoIB a) The ~_.._...... ~~ .abided br dill poBcr .W- be SlIIpeaded. wided. ...aJ~ GI' madUled aapt dB'UdrtJ (31) .,. prior writIIIl Dotice II)' certUieli rail nt1InI nceipt .........&ed _ .... .... tD dae CitJ's RIsk Mallalemetlc Oma. b) CenUleates oflasanace meedac die specifle Ibjuhallasaraace prDYisiaas specified reqaind llllllnaD prarislOllS spedlllIi witIda dlR pardaase orda"' sbsi1 be forwarded to tbe City's RIsk Ma...... Olllce..... appnn- privrto start oC aDl' work. After review. the CcrtlUcatl will be fI1aI witll die PaR""'1 Omce _ apart oUbe oneiaal pURbase ordrr. Esbibit A (coadaued) c) Receipt aad acccpcaace or a bklcler's Ccrdflcale or laaruc:e. or other similar documnL docs aot coa.titute acccptaac:e or appranl Dr UIl01lllts or qpes of CDftI'ACCS wbieh may be Ins tbaD reqaiml by lbe pardIaH order. d) The City ID." at its optloa reqain a copy 01 dae bidder's iasanace paUda. e) An Jasaruc:e policies nqai.nd witla .... pudlue ardar shall proride ran coyence hID tlae fInt dDIIar at espanft ..... ad&awise sdpaIated. No dedacdbles will be accepted without priDr appraftJ tralD die CllJ. 6. Safety aad Ralab ReqoirenteDIS a) Sale aad BaWafa. Work !ayiraDlDeal-ll .. the bidder's IOle dalY to provide ofe aad "-(lbrlll warlUDc ~adltlaa to its eaqdarIa .... u.- allb CItr 011 ami about the project sitL 111. cur UI1IIIIIS ao cIaCJ for mpa'ridoa ollb bidder. Slap Work Orden-'na C1ly IDa, order tbat tba wwtICGp if. aadlttoa or Immediate daapr to aty eaaployell. equip.eat or lIf'IIperty da,.,p aiIU. nts pravisioa sllaJl IIOIlblR rapoDlibililJ or risk of I_lor tajuiel or d.r-9 nrn-l Ira.. tile bidder 10 llle CIty, _ eM bidder sIIaB nmaia solely nspa II"'''''' tor caaqIIIaaa witla aD aaCcty reqatremeau"'I'or"" vi aD ~_ ad ......-lJ at.... fI'Oi- sIlL c) Compliance witla s.e..., unI HaitII JIec'aIadoD-n.. blddersIIaD CODlpl)' witb lbe QccapadaUI Safety adllalda M""...'...... (OSHA). die f1Drida DeprCmnt 01 labor.... EaaplGy1a_t 5"-11".1)' ... all adIer ......v..-Ule r........... local nplatiDU or CIty wet')' _ baltla ......... EXHIBIT B YWCA OF TAMPA BAY INTERPRETER PROGRAM SCOPE OF SERVICES Program Components 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 as needed 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. 4. Information Management . Maintain an information management system, including reports written by the interpreters following a call-out. 2 . 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. Written Translations . Provide qualified translators to translate written documents for CPO as needed. 6. 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.