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05-0701_TRAUMA INTERVENTIONS PROGRAMS_Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 1st day of July 2005, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") Trauma Intervention Programs (TIP), (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's emotional and practical support services to victims of traumatic events and their families: and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit'A," attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This is a two-year Agreement and shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than June 30, 2007. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Eight Thousand Six Hundred Dollars (35,834 population x $.12 = $8,600), as set forth in Exhibit "B," attached and incorporated herein by reference. TIP psa.doc - I - June 1, 2005 3.2 Method of Payment. Consultant shall submit quarterly invoices based on total services. The City will pay quarterly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontractina and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. TIP psa.doc - 2 - June t, 2005 Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. No client privileged information will be released without the client's written consent. Section 12. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. TIP psa.doc - 3 - June I, 2005 Section 13. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A - Class VI I or better. 13.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 13.2 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 13.3 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 13.4 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the Clerk of the Board's office for certification that the insurance requirements of this Agreement have been satisfied. TIP psa.doc - 4 - June I, 2005 13.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 13.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 13.7 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 14. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. TIP psa.doc - 5 - June I, 2005 Section 15. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Michael Cantor, Senior Management Analyst To Consultant: Trauma Intervention Programs, Inc. 1420 Phillips Street Vista, CA 92083 Attn: Wayne Fortin, CEO Section 16. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 17. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 18. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. TIP psa.doc - 6 - June 1, 2005 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: 4y*Ha�rt,�=yol CONSULTANT Wayne Fc in, Chief Executive Officer ATTEST: I Monahan, City Clerk AS TO FORM: John R. I haw, City Attorney TIP psa.doc - 7 - June 1, 2005 Date: June 8, 2005 National Office Trauma 1420 Phillips Street Vista, CA 92083 Intervention (714) 314-0744 Programs Inc. "Citizens helping citizens in crisis" To: Mr. Mike Cantor From: Wayne Fortin Re: Services Provided the City of San Juan Capistrano July 1, 2004 to May 31, 2005 Services Provided to the City of San Juan Capistrano by TIP of Orange County A. Crisis Intervention Services: TIP volunteers will respond 24 -hours a day, 365 -days a year within 20 minutes to support citizens in crisis. B. Follow Up Services: TIP volunteers provide written follow up services and a resource manual to residents who are victims of traumatic events. C. Volunteer Training and Supervision: San Juan Capistrano residents are provided a significant volunteer opportunity and are provided extensive training and supervision. . D. Summary of Services: (See attached) II Statistical Data (July 1, 2004 to May 31, 2005 -11-month period) A. # of volunteer hours contributed to Orange County Cities (including San Juan Capistrano) _ 18,200 B. # of TIP Responses = 34 C. # of San Juan Capistrano residents provided service = 104 D. # of TIP volunteers serving the City = 36 E. # of Emergency Responders trained to use the TIP program — 85 F. Average response time = 20 minutes U. Reliability = 100% of calls for service responded to when requested by emergency responders III Summary of Results A. Citizens who are traumatized many of whom are experiencing the worst few hours of their lives are given immediate support which they would not have without TIP services. B. Emergency Responders report that TIP was "very helpful" and report TIP frees them up to perform other emergency services. C. Citizens are given extensive training. These citizens report that this training not only is helpful on TIP calls, but also is very useful in making them more effective when called upon to help others on the job, in their family, and in their neighborhoods. D. The TIP program provides the City of San Juan Capistrano with a well trained and experienced critical incident response team capable of responding to major incidents within the City. JUN - 9 2005 Winner National Crime Victim Service Award Innovations in State and Local Government Award ATTACHMENT 2 TIP Trauma Intervention Programs, Inc. "Citizens helping citizens to crisis Services Offered #1 Volunteers provide 24-hour, 7 -day a week Crisis Response services. #2 Professional Mental Health Intervention: Mental health professionals offer short term counseling services at no cost to victims. #3 TIPTeens Program: TIPTeens are young people who are well trained volunteers in the TIP program. TIPTeens are called upon by TIP volunteers to help traumatized teens and children. #4 TIP4kids Program: TIP offers counseling services for children who have been emotionally traumatized and for parents struggling to help their children after a crisis event. #5 Critical Incident/Disaster Response Team: A specially trained team of TIP volunteers responds to major incidents and disasters on a 24-hour 365 -day basis. #6 Senior Crisis Team: Extensive follow up services are provided to elderly citizens who are in crisis. #7 TravelersCare: Special arrangements are made with the travel industry to call TIP when travelers have experienced a crisis event while away from home. TIP volunteers provide support until the traveler is reunited with loved ones. #8 Bilingual Services: Bilingual TIP volunteers are available to respond to emergency scenes when requested. All TIP resource materials are available in English and Spanish. (OVER) Wiuner National Crime Victim Service Award Innovations in State and Local Government Award #9 Victims Resource Service: Helpful written materials and video tapes are delivered to victims of crisis events on a 24-hour , 365 -day a year basis. #10 TIPLine: A telephone information and referral service is available to help emotionally traumatized citizens. #11 Hospital Response Program: TIP volunteers are called by hospital emergency room staff to assist victims and their families. Also, hospital personnel are authorized to call a TIP volunteer when family members need volunteer accompaniment from the hospital back home. #12 Traffic Accident Response Team: Specially trained TIP volunteers respond to scenes of traffic accidents at the request of the Highway Patrol and other law enforcement agencies to assist emotionally traumatized accident victims. #13 TIP National Emotional First Aid Course: This .8 -hour course is offered to emergency personnel, nurses, mental health professionals, managers, and the general public. #14 Good Samaritan Awards: Emergency responders and citizens who have demonstrated exceptional compassion in assisting victims of crisis events are recognized on a regular basis. #15 National Assistance Network: By working with TIP programs across the nation, the local TIP Chapter ensures that local residents receive crisis support services while traveling away from home.