HomeMy WebLinkAboutContracts & Agreements_139-2011_CCv0001.pdf OPERATIONAL AGREEMENT
This Operational Agreement ("Agreement") is made and entered into this 20th day of
September, 2011, by and between San Bernardino County Sexual Assault Services Inc.,a non-profit
organization ("SBCSAS") and the City of Redlands, a municipal corporation ("City"). SBCSAS
and City are sometimes individually referred to herein as a"Party"and, together, as the"Parties."
RECITALS
A. It is the intent of SBCSAS and City to work together towards the mutual goal of
providing assistance for crime victims residing in the City of Redlands. Both SBCSAS and City
believe that implementation of the SBCSAS' proposed project, as described herein,will farther this
goal.
B. SBCSAS proposes to provide the following services ("SBCSAS' Project") within the
City of Redlands for sexual assault victims and members of the public:
• On-site counseling to schools, rehabilitation centers, job sites, and various public
entities;
• One on one counseling;
• Prevention Education Programs for small children, teens, adults, and the mentally
challenged;
• Hospital Accompaniment and Advocacy for individuals reporting their crime;
• Presentations for public service agencies education of the public on sexual assault and
prevention;
• On-site counseling that meet the need of teens, adults, and significant others;
• 24-Hour Crisis Hotline;
• Volunteer training;
• Extensive referral services for all clients needs;
• Bilingual services; and
• Self defense training.
NOW, THEREFORE, in consideration of the mutual promises contained herein, and for
other good and valuable consideration, the receipt of which is hereby acknowledged, the City of
Redlands and San Bernardino County Sexual Assault Services, Inc. agree as follows:
AGREEMENT
Section 1. SBCSAS' Project will closely coordinate with City and provide the following
services:
0 24-Hour crisis intervention.
L\Ca\dim\,Agrevnen&xSan Bernardino County Sexua Assault Svs.Agmt.9,1.I Ldoc
1
• Advocacy and accompaniment.
• Follow-up services.
• On-site short term counseling.
• Prevention education presentations/workshops.
Section 2. SBCSAS' Project staff shall be readily available for services provision
through exchange of personnel for volunteer and staff trainings, or other projects which specific
expertise would enhance program effectiveness. SBCSAS and City further agree to serve as
resources for one another and share information in order to provide the best possible service to
sexual assault survivors. SBCSAS and City will each maintain current service and referral
information for clients.
Section 3. Regularly scheduled meeting(s) shall occur at least one time per year between
SBCSAS' Executive Director, or a staff member appointed by the Director with City to discuss
strategies, timetables and implementation of mandated services; including, but not limited to,
discussions of common issues, clarification of working relationships, and identification of any other
specific service coordination activities that could offer increased benefit to SBCSAS and City
mutual clients.
Section 4. Insurance required by this Agreement shall be maintained by SBCSAS for
the duration of its performance of the SBCSAS' Program. SBCSAS shall not perform any Program
services unless and until required insurance listed below is obtained by SBCSAS. SBCSAS shall
provide City with certificates of insurance and endorsements evidencing such insurance prior to
commencement of the Program. Insurance policies shall include a provision prohibiting
cancellation or modification of the policy except upon thirty(30) days prior written notice to City.
A. Workers' Compensation and Employer's Liability. SBCSAS shall secure and
maintain Workers' Compensation and Employer's Liability insurance throughout the duration of its
performance of the SBCSAS' Program in accordance with the laws of the State of California,
B. Comprehensive General Liability Insurance. SBCSAS shall secure and maintain in
force throughout the duration of SBCSAS' Program comprehensive general liability insurance with
carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000)per occurrence
and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and personal
injury is required. City shall be named as an additional insured and the 'insurance policy shall
include a provision prohibiting modification of coverage limits or cancellation of the policy except
upon thirty (30) days prior written notice to City. Such insurance shall be primary and non-
contributing to any insurance or self-insurance maintained by City.
C. Business Auto Liability Insurance. SBCSAS shall have business auto liability
coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined
single limit for bodily injury liability and property damage liability. This coverage shall include all
SBCSAS owned vehicles used in connection with SBCSAS' Program, hired and non-owned
L\CaAm'�Agreement'San Bernardino County Sexua Assault Svs,Agmt.9.1 J I-doc
2
vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and
such insurance shall be primary and non-contributing to any insurance or self insurance maintained
by ON.
Section 5. SBCSAS shall defend, indemnify and hold harmless City and its elected
officials, employees and agents from and against any and all claims, losses or liability, including
attorneys' fees, arising from injury or death to persons or damage to property occasioned by and
negligent or wrongful act, omission or failure to act by SBCSAS, or its officers, employees and
agents in performing SBCSAS' Program.
Section 6. SBCSAS shall not assign any of SBCSAS' obligations under this Agreement,
except with the prior written approval of City and in strict compliance with the terms, and
conditions of this Agreement.
Section 7. SBCSAS is for all purposes under this Agreement an independent contractor
and shall conduct SBCSAS' Program as an independent contractor. Neither City nor any of its
agents shall have control over the conduct of SBCSAS or SBCSAS' employees. SBCSAS shall
supply all necessary tools and instrumentalities required to conduct SBCSAS' Program. Personnel
employed by SBCSAS are for its account only, and in no event shall SBCSAS or personnel retained
by it be deemed to have been employed by City or engaged by City for the account of, or on behalf
of City. SBCSAS shall have no authority, express or implied, to act on behalf of City in any
capacity whatsoever as an agent, nor shall SBCSAS have any authority, express or implied, to bind
City to any obligation.
Section 8. This Agreement may be terminated by City, in its sole discretion, by
providing five (5) calendar days prior written notice to SBCSAS (delivered by certified mail, return
receipt requested)of City's intent to terminate.
Section 9. This Agreement represents the entire agreement and understanding between
the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal
agreements relating to such matters are superseded by this Agreement. Except as otherwise
provided for herein, an amendment to this Agreement shall be in writing, approved by City and
signed by City and SBCSAS.
Section 10. This Agreement shall be governed by and construed in accordance with the
laws of the State of California.
L?ca\djm,,Agreemen&,San Bemardino County Sexua Assault Svs,Agmt,9.Ll I.doc
3
We, the undersigned, as authorized representatives of the San Bernardino Sexual Assault Services
and the City of Redlands, respectfully, do hereby approve this document.
CITY OF REDLANDS SAN BERNARDINO COUNTY
SEXUAL ASSAULT SERVICES, INC
X X
K
K
Pete Aguilar,Mavor
Candy Stallings,Executive Director
ATTEST:
Sam Irwin, &fyelerk
1:'.ca\djm"3,AgreementstSan Bernardino County Sexua Assault Svs.Agmt,9,1 I Ldoc
4