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IMPLEMENT AND ADMINISTER OPERACION APOYO HISPANO (2) AGREEMENT THIS AGREEMENT is made and entered into on the 1st day of October, 2003, 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 $97,966 including a cash match in the amount of $24,492, for the implementation of "Operacion Apoyo Hispano;" WHEREAS, the Contractor has agreed to implement and administer Operacion 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, 2003, and shall terminate on the 30th day of September, 2004, 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. /0 '-025"-0 / The City's maximum liability under this contract shall not exceed $97,966 - 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 Vice President of 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 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. By: William B. Horne, II City Manager LEARWA TER, FLORIDA ~.~ . Approved as to form: f2~A~ Robert J. urette Assistant ity Attorney ia E. Goudeail -. lerk ./. By: EXHIDff Ai. INSURA.NCE REQtnREMENTS" The bidder win procure sad mainttiA d1e (oUowiq iuanm:e canrqe: I. Works' Compeasadoll aad Employen' LlablJity-(lIe bJdder wi( procure lad waiuuia (or the life at this p1In:tsasc onfa'. WorUn' Campasadaa lAranllce confiDe afI employees ",itb limits meeting aU appUable state ud ledenllaWL nus ana-age shaLl iadude Employ~rs I lbbillty with limits meedlzc ail appUabJI sum ad Ccden.llaws. %. GenenJ IJabJIily-T1&c bWdu sIaafI p.u.4M.;l ad IDillIaiII fCl" tile are at tills purdi...c;Tdrr.----------- Gascrd lJI"tfH:y IIIJU'ZIICZo ThIs QlnOCe sbJIlIe - - 'OcaIrrace' basis ad sbU iaclade: Premises aDd Opcrsdau; lDdepea-'-t CoaIl'adDn; PrDd"~ ad CompJcteOpcnUOIIJ aad ContncaW lJabilUJ'. CoftnCe ,haD .. DO man . ~~Jui... duua die fatal edltiaa or tbe Commen:iIJ GcacmI r '.ldfity poUd- 01 the lma:raace Scnic:a om=. This paUq shail pnrride ......tnp fGl" datil., badDylajllrT. penazmJllljary or property damllEf lb.t coald .rise dIrd7 or iDdIrcdIr trDlII the pedol'lll8llCC at Usb pardwc order.: The miJIUaIlDl JImits at ........nlce sb.D 1M ssoo.OOO per Occ:arreDce CombiDcd SlDile Limit for BodDy Inj1lry Lbbi1itr aDd PI ,,~ Damap UablUtJ. The CIty .baII be iDc:hzdcd aDd klardfIcd u.. Add1ffnaallas'arcd IIIIIlcr die pel1ley c:crdfIale af' iDsuracc. 3. Busiac::a AatDDlObik UabiDtr-'nIe BIdder sIaaD procan: aDd ",.illf'llhl.lor the lIte or tile purchase order. Bllli"as AaCoIIIabUI LJwhmty IaIar'aaa- The miaialalllllmitlol _...ap daaJI beSJOOwOOCl pwCJcaan'alce. ComlriDed S"urde lJmit lor Bodily rlliarr IJIhII'I'J' ad F. ur-lJ Ib ./ U-wRty. 'I1IIs ccrrcn&e sbll be all "Ally Aata" tn- paBcr. o,.._~ slid _ - ...... - AJl.. dwI tb III1Sl ed1tIaII olthe BasiIlCSJ AldDlllob& FiDIIdB ollila IalluDaL ..ka Omce. .. ladeaudt1'-TIa8ldddarsbD d~"", ....-'~. ....1IIIII1IoJd dI.e arr tJ.armI,css Cram aay mei all cl~inn. sma. JrNV" .. &IIIIII.~ Car......- 11aj1uy. badD1 mja" or property clamap _Ll".. dIncdr" mdJndIJ ea. ~L altbiI prdwe CII'dcr by bidder. Ib em.pJo,4-. dt. h~." -lv~ ....1 -........... CDIIIf CDI1I. or adaer ItpJ npcaa. 'tIIe.........-. -...1cdpI au It Is..., .-..- !MIl (Dr......-A iq wftlI me terms of' Ule pa~anIa'. !. SumrlemasW P.....~ a) lb. ~_..--ca IIIId ~1Hft." aaardId ~ dab potier sbaJI IICIC be .apeaded. wided. cncdId or IIIDdUled aapt afta"'ddrtJ (31) a,. prior writWI nadce by certified mail ntanI nceiP ~lItited IIa Ileal ciftII ta dacCity's RIsk MulaCcmma Om=. b) C~rrlfIClaa allllsanace mecdac the specific l"Ptu:bai fDsurzDC: pruvisioas spumed required 1lll1lnnace prurisiom speciIled witILtII tile prd1ase onier' sJW1 be (o~n!ed to lhl CHy's RIsk MaIlUllCSDftlt omce ad ....pnncd prior to start of allY work. AOcr review, the CcrdnClte will be fUcd "';111 me PurdlUiDC Omce as apllrt of' the ori~jDjill purchase ord~r. EsbibiC A (aUUuuaed) c) Re<<ip& aad ac:ccpt8ace ola bidder', ~rrifIcll1e aC iasaruce. or ather similar docummt. does aoc coD.dtuce acceptance or .PProYaI 01 aJD01lUts or types ol CDftnces whic:h may be Ins chaD rcquind by me pan:base order. d) Tbc City lIIay .t its optioa reqaire a coP7 al the bidder's iasanace poUcies. e) An lasarucc poIlcia required witla dab plU"dzue arder ,ua proY'ide (all covcnee lrom ell. ftnt dollar at aposare aldcss odlenrise sUpalated. No dedactlblcs will be accep1ed witlloaC prior appraftJ hm tbe cur. 6. SaCtty aad HalUbRcqaircnlalU a) Sale ud HealtbCu' Work EDviraameu.:-u b the lridder's IOle dacy CO pl"DYide sale aad bnllbrul waridaC ~acl1tlalD CO its ~ ad ~ Glib CIIJ' CUI aad about &he project site. 1111 CU7 IISSIIIIICI ao clair lor mpcnisia. atlb lIJdder. Slap Work Orden- Th. CUr lIIay order we die wwksaop If. coadltlaa oC Immedlatc daapl' to City ClDplv, 1 r eqaipmaaC or property cb"'"9 aidI. nJs i'nI..maasb.ll aot sblR rapoaJibilily or riskanoss lor iajaricl ord._~SU+-m.d tra_ the bidder 10 (he Oty, aad ebe bidder sbaa rniIaia soIIIy rail a .~ tar CIIIIqIIIaaa witb all alcty reqaircmaaU aIICI ror salelf '" aD .-._odo ad .._ v...,- tr" au profecC sit&. . c) Comp!IaDCC witf& S.ld)' aad HaWa Repfatlalll-1Jl8 blddcrsbD co-ply witb lbe OccapatIaUI Salay.... Heatda Adm~.daa (OSHA), aM f1arida Departmcat or labar'" EmplaY1Dat ~.il' ud aJI GdIa' ......wt"'A..,ederal. JUIeo local npladazu or CIty weer aDd baJdllUD~ I I 1. i [ I I I EXHIBIT B YWCA OF TAMPA BAY INTERPRETER PROGRAM SCOPE OF SERVICES The YWCA of Tampa Bay agrees to comply with the terms, conditions and scope of the Anti-Drug Abuse Act of 1988 Formula Grant Application, as well as the subsequent grant award notice from the Florida Department of Law Enforcement and all Acceptance Agreement Conditions as listed in Section "G" of the subgrant application. 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 Department (CPD), revising and improving as necessary. · In collaboration with CPD, 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 CPD, continue to recruit, screen, and train interpreters, as needed. 3. 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 4. Written Translations · Provide qualified translators to translate written documents for CPD as needed. 2 5. Reporting · Provide reports to the CPD and the CEO of the YWCA as required. EXHIBIT C YWCA OF TAMPA BAY ADVOCACY PROGRAM SCOPE OF SERVICES The YWCA of Tampa Bay agrees to comply with the terms, conditions and scope of the Anti-Drug Abuse Act of 1988 Formula Grant Application, as well as the subsequent grant award notice from the Florida Department of Law Enforcement and all Acceptance Agreement Conditions as listed in Section "G" of the subgrant application. Program Components 1. Outreach · Contact individuals and organizations in the community, providing information about the advocacy services of the YWCA of Tampa Say · 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) 2 · 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 · 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.