Loading...
AGREEMENT FOR THE IMPLEMENTATION OF A HISPANIC OUTREACH CENTER PARTNERSHIPAGREEMENT THIS AGREEMENT is made and entered into on the day of , 2010, by and between Pinellas Core Management Services, Inc. (PCMS) 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 & D - Scope of Services. WITNESSETH: WHEREAS, the City has been awarded a grant from the U. S. Department of Justice, Bureau of Justice Assistance, Edward Byrne Memorial Justice Assistance Grant Program, in the amount of $100,000, for the implementation of an Hispanic Outreach Center Partnership; WHEREAS, the Contractor has agreed to implement and administer interpreter, victim advocacy, and gang prevention services in 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, 2009, and shall terminate on the 30th day of September, 2010, 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 an Hispanic Outreach Center Partnership, which provides interpreter, victim advocacy, and gang prevention services to Hispanics in the City per the attached Scope of Services (Exhibits B, C & D). 3. CONFIDENTIAL INFORMATION. The Contractor understands that while providing services during the term of this Agreement, it may obtain information that is exempt from public disclosure by Florida Statues or that relates to matters rendered confidential by Florida Statutes. Contractor understands that such information shall not be disclosed or otherwise disseminated to third parties without the written authorization of the City. Contractor further understands that any records containing such information will be securely maintained and that it will promptly inform the City of any unauthorized disclosures of such information. 4. 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 Exhibits B, C & D. 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 seven (7) days after the close of each month. The City's maximum liability under this contract shall not exceed $100,000 -- the total amount of the grant. 5. 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. 6. 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: With a copy to: Pinellas Core Management Services, Inc. Sandra Lyth 14155 - 58th Street N Hispanic Outreach Center Suite 200 612 Franklin Street Clearwater, FL 33760 Clearwater, FL 33756 B. NOTICES TO CITY: Mail to: With a copy to: Chief of Police City Attorney's Office Clearwater Police Department City of Clearwater 645 Pierce Street P.O. Box 4748 Clearwater, FL 33756 Clearwater, FL 33758 7. 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. 8. 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. 9. 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. 10.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: Frank V. Hibbard Mayor Approved as to form: to C Robert urette Assistan City Attorney CITY OF CLEARWaAT1E?R, FLORIDA By: )?l 'ag.." e?. i iam B. Horne, II City Manager SERVICES, INC., By: 4?2y-k-z' Elise Minkoff Board Chairpersa PINELLAS CORE MANAGEMENT INSURANCE REQUIREMENTS EXHIBIT A The vendor shall provide insurance and comply with all requirements as contained herein prior to performing any services or providing any products to the City. a. Insurance The applicant shall furnish, pay for, and maintain during the life of the contract with the City the following liability coverage: 1. Comprehensive General Liability Insurance on an "occurrence" basis in an amount not less than $1,000,000 combined single-limit Bodily Injury Liability and Property Damage Liability. 2. Business Automobile Liability insurance in the amount of at least 1,000,000, providing Bodily Injury Liability and Property Damage Liability. 3. Workers' Compensation Insurance applicable to its employees and contractors for statutory coverage limits, and Employers' Liability that meets all applicable state and federal laws. b. Additional Insured The City is to be specifically included as an additional insured on all liability coverage shown in sections 1 and 2 described above. c. Notice of Cancellation or Restriction All policies of insurance must be endorsed to provide the City with thirty (30) days' notice of cancellation or restriction. d. Certificates of Insurance/Certified Copies of Policies The applicant shall provide the City with a certificate or certificates of insurance showing the existence of the coverage required by this Agreement. The applicant will maintain this coverage with a current certificate or certificates of insurance throughout the term stated in the proposal. When specifically requested by the City in writing, the applicant will provide the City with certified copies of all policies of insurance as required above. New certificates and new certified copies of policies (if certified copies of policies are requested) shall be provided to the City whenever any policy is renewed, revised, or obtained from other insurers. 1 e. The certificates and/or certified policies shall be sent or delivered to the Project Manager and addressed to: The address where such certificates and certified policies shall be sent or delivered as follows: City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 The applicant shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly from the performance by the applicant, its employees, subcontractors, or assigns, including legal fees, court costs, or other legal expenses. Applicant acknowledges that it is solely responsible for complying with the terms of this Agreement. In addition, the applicant shall, at its expense, secure and provide to the City, prior to beginning performance under this Agreement, insurance coverage as required in this Agreement. Any party providing services or products to the City will be expected to enter to a written agreement, contract, or purchase order with the City that incorporates, either in writing or by reference, all of the pertinent provisions relating to insurance and insurance Any party providing services or products to the City will be expected requirements as contained herein. A failure to do so may, at the sole option of the City, disqualify any bidder or proposer of services and/or products to the City. 2 EXHIBIT B HISPANIC OUTREACH CENTER (HOC) INTERPRETER PROGRAM SCOPE OF SERVICES Pinellas Core Management Services, Inc. (PCMS) agrees to comply with the terms, conditions and scope of the Edward Byrne Memorial Justice Assistance Grant Program, administered by the U.S. Department of Justice, Bureau of Justice Assistance, and will specifically comply with all Acceptance Agreement Conditions as listed in the Grant Award and Special Conditions documents. 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 2 4. Interpreter Services • Complete an annual total of 120 interpreter call-outs for the one- year grant period (30 per quarter). 5. Written Translations Provide qualified translators to translate written documents for CPD as needed. 6. Reporting • The Executive Director for the Hispanic Outreach Center will maintain records of activity and case-by-case outcomes on all of the above responsibilities. Prepare a monthly report, to be reviewed by PCMS and submitted to the Clearwater Police Department no later than seven days after the end of each month. EXHIBIT C HISPANIC OUTREACH CENTER (HOC) VICTIM ADVOCACY PROGRAM SCOPE OF SERVICES Pinellas Core Management Services, Inc. (PCMS) agrees to comply with the terms, conditions and scope of the Edward Byrne Memorial Justice Assistance Grant Program, administered by the U.S. Department of Justice, Bureau of Justice Assistance, and will specifically comply with all Acceptance Agreement Conditions as listed in the Grant Award and Special Conditions documents. Program Components 1. Victim Advocate • Maintain the existing full time Victim Advocate position at the Hispanic Outreach Center to perform the duties associated with the implementation of the Victim Advocacy program for the one-year grant period. 2. Outreach • Contact individuals and organizations in the community, providing information about the advocacy services of the HOC. • Provide direct information to victims and potential victims of crime through notices in Spanish speaking businesses, churches, public speaking, and word of mouth • Provide victim advocacy and support services for a total of 75 crime victims for the one-year grant period (18.75 per quarter). 3. 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 4. 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 2 • 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 • Provide crisis intervention, information and referral for a total of 175 persons for the one-year grant period (43.75 per quarter). 5. 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 • Work continuously with representatives of the CPD to improve the awareness of Hispanic residents of the services available to them through the legal system. 6. 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 7. Reporting The Executive Director for the Hispanic Outreach Center will maintain records of activity and case-by-case outcomes on all of the above responsibilities. Prepare a monthly report, to be reviewed by PCMS and submitted to the Clearwater Police Department no later than seven days after the end of each month. EXHIBIT D HISPANIC OUTREACH CENTER (HOC) GANG PREVENTION PROGRAM SCOPE OF SERVICES Pinellas Core Management Services, Inc. (PCMS) agrees to comply with the terms, conditions and scope of the Edward Byrne Memorial Justice Assistance Grant Program, administered by the U.S. Department of Justice, Bureau of Justice Assistance, and will specifically comply with all Acceptance Agreement Conditions as listed in the Grant Award and Special Conditions documents. Program Components 1. Gang Prevention Specialist • Create and fill one full time Gang Prevention Specialist position to perform duties associated with the implementation of the Gang Prevention Program for the one-year grant period. 2. Crime Prevention, Education and Outreach • Work with Clearwater Police to identify leaders in the Hispanic community and develop information/education networks in the community regarding gangs. • Provide a comprehensive gang prevention program in at two Clearwater Elementary Schools for a total of SO students for the one- year grant period (12.5 per quarter). 3. Reporting The Executive Director for the Hispanic Outreach Center will maintain records of activity and case-by-case outcomes on all of the above responsibilities. Prepare a monthly report, to be reviewed by PCMS and submitted to the Clearwater Police Department no later than seven days after the end of each month: