IMPLEMENT AND ADMINISTER OPERACION APOYO HISPANO (3)
AGREEMENT
THIS AGREEMENT is made and entered into on the 1 st day of October, 2004, 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 $98,000 including a cash match in
the amount of $24,500, 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, 2004, and shall terminate
on the 30th day of September, 2005, 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.
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The City's maximum liability under this contract shall not exceed $98,000 - 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.
Brian J. Aun
Mayor-Commissioner
LEARWATER, FLORIDA
By: A.~-:rr
William B. Horne, II
City Manager
Attest:
By:
E.X.Hmfr A
f.NSUR.A..NCE REQ~"
The bidder win proc11re sad JU1.nuti:! the (oUowiUl iWlI1DW:e CDYenge:
I. Works' CompclWldoll Gd Empfoyen' UabJIity--(he blcidu sl:uill procure lad maiuuia (or
Ule life of lhis p1Ird11sc onfc'r. Work.en' Compem:zdaa lamnuJee aweriuC all employees ",itb
limits meeting z.U applIable staU ud redenJi Ul1'l'S. This anaoage shall iadude Empior~rs'
UlbiJity with UmitJ meedrtc aU applbbJe state ud redenJ bws.
%. G enenJ LlIbility- 'fbc bWu sfWI p".xu... ad IlU!Dtam fer the are ollbis pal-dJi!ec;frlrr.----------
Goea/:.rd lJIhfrrty I~ this ~.U2le ma be 011 &II 'OcaIrrma:' baW azzd suU iaclade:
Premises ud Opcntloas; JDdepatdad CoAtradan; PZ"od..~ IUId ComplEte Opn'3UOIIJ aad
ContncnW Uabmq. CoYcrq:e,haD be DO man f'ghluh-v f:bu die fatal edltfoa oC rbe
CommemaJ GaJer.d r J. hffity pollcin 01 the ~ Sc:rrica Oma:.
Th1s po Ucy ,haU p"".-ide """ ..",".cc fGl" deatll., bodIly LlJjmy. pcnaa:dlllj ary or property cUi mzge
th.t could arise dlrecdy or iDd.Irec:tfy (rom thc pcdol"11:Utl1CC aClhh pl:In:fI.uc ordu.-
The m ilJUaWD lImits 01 _..... .4~ sblJ bI.s5OO,OOO per Oc:azrrz:l:zce CombiDed SlDg-le Limit ro r
BodDy h:ajury u..bi1itr aDd P. 101j1'C'lTY Damap UabWt)'. "
The City ,baLl be iDd1zdai aDd Idemi&d lIS.. Add.1tiocal Iasu.n=:i nuder the paUq c:ertU'Iare
of lJUurzu=.
3.. BwiDess AatamobiJe L.J:ab:Wt)'- ne BIdder sfaaQ pI'OCIIR:aDd rftw;nhl tn. for the Me of llle
purrh.ase order. Baii,ICD Aata1Da&a. r 1_h\ILty laArnuzcL
The miDiDlamlJ;mil:s 01 -.--P sblJ be~ pwOc:currc=e. CombiDed S'"a.qle 1J.mit
ror Bodily rJljU'1lb~ aid ~ ut-lr ". _P '.J~. 'IbIs ~ ,hall be aD ".ury
Aata"1ype paIicr. e&. .......... sblIlM aa DIImIa ~ b.l1.. dIul Use Llten cdltfatr 01 the
Business AaomobBI PaBda all!ut IasunzIc8 &... ..~--omce.
.. lad~n. !dddar sau d...r~, bJd~". are ami bld the arr bumLcD Cram any :.ad
aJl M~ilmlo Sllitl.1DdV- f I: &lid IIa.bmtJ Car datil. ..-~ bIjury. bod.fJy iDj Dry or property"
clamap ...~ cIIncdy or iIIdJndIy fna p..lb. ...... ~tbiI pardlase order by bkUUr,
Its emvJo ,..1:&0 ...~ t.~. ,. -ly... J..'" J:f,1epI r..., CD'III'f cans. or otbu- IepJ
apnsa. ThId6:kr -.1-...1e.dca the It Is..., _ ~ t' rM. C'cIr "",..pJyiq ....ttIs d1e t.e:r'%m
oC the parc:blAr onfcr.
5. SuotrlemeatsJ P,u.Wmu
8) lb. ~ _...... ~ and eoIMfJtlom atrorded by dI.b po&r sbJ) aac be 51Up~ded.
YOidrd. auaUd or mDdlned acepl aftao'ddrty (3U) days prior writWI Dotiee by
c-ertifi=i mail I"I"tIIra n=eipt I ~u~ted ha beat einD to the" City's Risk ManII~tmtIl t
orne
b) C~rillIClU::S of lamrar.u:~ mfttial tbe 3'pZdfIc: . ~ uln:d fnsunaaec provisions specine-d
reqWnd Irm:~ pl"'O'\'U:iom apeei.ned withizI t!l2 purd1.uc order sb1J be (o,.,....rd ro to t hI
Gir', RIsk Ms=.q~mt OC!k:=mf Ilpprond pri1:Jrto sUn alaEI}' WO"'- Aner rniew. the
C:r1ll'Yc::::rte mllln: fil.ed mU! me Pnn:ha.si.aC orner:s Iilpart DC' the ori~iual purchase ardf'r.
EitdbitA (cclI:utnraed)
cl Rc<<ipt aad ac<<pUlaec of Ai bidder's ~rrif1ez:1e at fa::nn'BlIce. Of' other similar dOC'tlmmt.
does aat c:oascitutc ac:repuac:e or IIppnwaJ of amounts or t')'pa ot' COftnlC=' which !Day be
rns eh.zD rcoquin:U by du: pard:ase order.
d) The City [Day at its optioa reqain . capy of ~ bidder's iasanat: poUcies..
e) An IDJ1In.aa: polldcs rrqaind wiUlllUl plU"'d:ue IlU'da- ~hZU pl"DYide (aU caventc
rrom the lIrst dDlIar at apaslllf'e 1IaJas otbnrise sttpmated. No deductible! will be
urepted wiUloat prior appranJ t'ram die Clty.
6. Sa(~ry aad He2IUbRtqaitm2rm3
.) Sale ~d Hnlth(g' Won Euvironmect.:.-n I.J die bidcUrs soie dary to provide u(e aad
wieb(ul warfda.c ~ncUtioD:S to its ~ JUId t.bc:M oLthe CIty CUI &ad about the
projn:t site. llJlr Oty asmI:CS DO duty (or mp.a-risia. otUur bidder.
Stop Work Orden-nil CUy may ordu that the ~stop U. amdltion oClmmC'dIaec
d.a~ to City employees. eqaipml:!lt or property d..,.-:p uisU. nJs pnlYuioa shall
not sbm rapomibiUty or risk allass (or u,juia OI"wf,-~S"","m-f tram the bidder
to the cry, ad cbe hfddc:r shall raiWa soJdy rn~"'h" tar complWxe witb .n safety
Rqa1rcmCDa ad Cor safety at aD pel )v1Ul ad ... v~ tT at tbe protect ... -
c) ComplWla: with S.(cty ad HealUI Rqu.btfoa-1b bidder mil comply wftb the
Oc=psUaDal Saletr ad Haith Adm~.:dua (OSHA), me E10rida Departmmt 0{
labor SlId EmpJoylllCDt SItal. i1r aad all odIar ........ ""t"" i...te ledenU. SUte.loc:al repbdDIU
or Ot}' saleq aDd baJt!l .nr"m..1:fs.
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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.
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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 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)
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· 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.