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.