AGREEMENT FOR VICTIM ADVOCACY SERVICES FOR VICTIMS OF DOMESTRIC VIOLENCE - SPANISH SPEAKING VICTIMS��� ���
AGREEMENT
THIS AGREEMENT is made and entered into on the � day of December, 2012, by
and befinreen Religious Community Services (RCS), Inc. 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 a need for victim advocacy services for victims of
domestic violence, particularly for Hispanic, Spanish-speaking victims;
WHEREAS, the Contractor is a registered 501(c)(3) organization with four
distinct yet interwoven programs, which includes The Haven of RCS;
WHEREAS, The Haven of RCS is a state-certified provider of domestic violence
victim advocacy services that has on staff a number of Spanish-speaking victim
advocates specialized in domestic violence issues;
WHEREAS, the Contractor has agreed to implement and administer a victim
advocacy program for domestic violence victims with an emphasis on Hispanic,
Spanish-speaking victims 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 January 2013, and shall terminate
on the 31 st day of December, 2013, 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 assign one, part-time Spanish-speaking victim advocate to work at
the Clearwater Police Department (CPD) in conjunction with CPD's Victim Advocate at
CPD headquarters per the attached Scope of Services (Exhibit B).
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 understand;:�
u
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 Exhibit B. The
Contractor shall submit monthly billing in the amount of $1,250.00 to the City, including
an invoice, copies of payroll timesheets, proof of payment of salary/benefits, 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 $15,000.
5. THE WAIVER.
Failure to invoke any right, condition, or covenant in this Agreement by either party shalll
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 fortt�i
below:
A. NOTICES TO CONTRACTOR:
Mail to:
Caitlin Higgins Joy, President/CEO
Religious Community Services, Inc.
503 South Martin Luther King, Jr. Ave
Clearwater, FL 33756
B. NOTICES TO CITY:
Mail to:
Chief of Police
Clearwater Police Department
645 Pierce Street
Clearwater, FL 33756
7. ENFORCEABILITY.
With a copy to:
Christine Warwick, Director
The Haven of RCS
1403 N. Fort Harrison Ave.
Clearwater, FL 33755
With a copy to:
City Attorney's Office
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758
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 a!I other agreements of
understandings, whether written or oral. No amendment or extension of the Agreemer�t
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 b�y
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:
— �,e�o�ttnc�t�l�S
George N. Cretekos
Mayor
Approved as to form:
�
Robert . Surette
Assista City Attorney
CITY OF CLEARWATER, FLORIDA
By: � � a�� � ,�,�:
W" 'am B. orne, II
City Manager ��,OFIyF '� ��
Attest:
Rosemarie Call
City Clerk
� �'j�,.?�
�,�,�'`, �l � !�
� `_ �
�� :�
M:.�, ---._.-- - ri
RELtGI US CO MU ITY SERVICES, INC.
r ` �
By:
Cait in Higgins J
PresidenUCEO
<<
INSURANCE REQUIREMENTS
EXHIBIT A
The vendor shall provide insurance and comply with all requirements as containeci
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 applican�
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 ancl
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 writter��
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
, � �� �r
EXHIBIT B
RELIGIOUS COMMUNTY SERVICES, INC. DOMESTIC VIOLENCE
PARTNERSHIP
SCOPE OF SERVICES
Religious Community Services, Inc. (RCS) agrees to provide the following
contractual services to the City of Clearwater during the period of January 1 to
December 31, 2013.
Program Components
1. Victim Advocate
• Assign a part-time bilingual Victim Advocate position from The Haven of
RCS to be physically located at Clearwater Police Department (CPD)
headquarters. The Victim Advocate will work 20 hours per week and
perform the duties associated with the implementation of a domestic
violence victim advocacy program with an emphasis on Hispanic,
Spanish-speaking victims for a one-year period.
2. Outreach
• Contact individuals and organizations in the community, providing
information about the domestic violence victim advocacy services
available at CPD.
• Provide victim advocacy and support services for a total of 400
victims of domestic violence for the one-year period.
3. Intervention
Provide support and assistance during interviews, legal proceedings, and
related processes.
4. Referral and Support
Assist victims, with an emphasis on Hispanic/Spanish-speaking victims, to
gain access to services that may be required by the victim as a result of
domestic violence, 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.
,�, , ,•i
2
• Assist the victim in maintaining a working relationship with the police
during the process.
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 domestic violence 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 and give presentations on domestic violence as needed.
7. Reporting
• The Director for The Haven of RCS will maintain records of activity and
case-by-case outcomes on all of the above responsibilities. Records
should indicate whether the victim is Hispanic and/or Spanish-speaking.
Prepare a/quarterly program report, to be submitted to the
Clearwater Police Department no later than 15 days after the end of
each month/quarter.