09-0707_TRAUMA INTERVENTION PROGRAMS, INC_Personal Services Agreement0 0
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this 7th day
of July, 2009, by and between the City of San Juan Capistrano (hereinafter referred to as
the "City") and Trauma Intervention Programs, Inc (TIP). (hereinafter referred to as the
"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. To the extent that there
are any conflicts between the provisions described in Exhibit "A" and those provisions
contained within this Agreement, the provisions in this Agreement shall control.
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 July 7, 2009 and services
required hereunder shall be completed by no later than June 30, 2011.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed Eight
Thousand Dollars ($8,000), as set forth in Exhibit "B," attached and incorporated herein by
reference.
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3.2 Method of Payment.
Subject to Section 3. 1, Consultant shall submit quarterly invoices based on
total services which have been satisfactorily completed for such monthly period. The City
will pay quarterly progress payments based on approved invoices in accordance with this
Section.
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 Subcontracting 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.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra 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.
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E
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work to be performed 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 the 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; E -Verify.
9.1. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
9.2. E -Verify.
If Consultant is not already enrolled in the U.S. Department of Homeland Security's
E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the
effective date of this Agreement to verify the employment authorization of new employees
assigned to perform work hereunder. Consultant shall verify employment authorization
within three days of hiring a new employee to perform work under this Agreement.
Information pertaining to the E -Verify program can be found at http://www.uscis.gov, or
access the registration page at https://www.vis-dhs.com/emploverregistration. Consultant
shall certify its registration with E -Verify and provide its registration number within sixteen
days of the effective date of this Agreement. Failure to provide certification will result in
withholding payment until full compliance is demonstrated.
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.
ection 11. Copies of Work Product.
This language in this section has been removed as it is not applicable for this
Agreement.
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Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuantto 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.
Section 13. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and appointive boards, officers, agents, 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 damages of any nature,
including interference with use of property, arising out of, or in any way connected with the
negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's
agents, officers, employees, subcontractors, or independent contractors hired by
Consultant in the performance of the Agreement. The only exception to Consultant's
responsibility to protect, defend, and hold harmless the City, is due to the negligence,
recklessness and/or wrongful conduct of the City, or any of its elective or appointive
boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Consultant.
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Consultant shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Consultant has also been obtained for the
subcontractor. Insurance required herein shall be provided by Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A- Class VII or
better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one
million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
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Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in an amount not less than one million dollars per occurrence
($1,000,000.00).
14.3 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.
14.4 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 naming City, its officers, employees, agents, and
volunteers as additional insureds as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed
by Consultant. The coverage shall contain no special limitations on the scope of protection
afforded City, its officers, employees, agents, or volunteers.
14.5 Errors and Omissions Coverage [FOR PROFESSIONSIWORK
EXCLUDED FROM GENERAL LIABILITY]
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 City's General Counsel for certification that the
insurance requirements of this Agreement have been satisfied.
14.6 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.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 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 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party 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.
Section 16. 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, President
Section 17. 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.
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Section 18. 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 19. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JULIAN CAPISTRANO
By:
Mark Nielsen, Mayor
CONSULTANT
APPROVED AS TO FORM:
Omar San val Cit Attorne
Y Y
AA
Wa ne Forti , Presi en
EXHIBIT "A"
Project Overview and Scope of Work
Trauma Intervention Programs, Inc. (TIP), upon the request of or referral
by the City, or as otherwise agreed upon, shall provide on -scene
emotional and practical support to the victims of traumatic events and their
family members. Said support shall include but not be limited to making
necessary telephone calls; making arrangements for clean-up services;
notifying family, friends and others; referring to follow-up services;
providing information and referral services; performing one follow-up
contact to verify the client's welfare.
TIP shall provide the City with an emergency telephone number that is
staffed 24/7 for purposes of dispatching TIP personnel to an on -scene
location.
TIP shall provide all personnel, volunteers, supplies, and equipment
necessary for the efficient and effective operation of the services and
programs provided for herein.
4. Tip or TIP's employees and/or volunteers shall provide all vehicles and
equipment necessary for the performance of this Agreement and shall be
responsible for maintenance of said equipment and vehicles.
July 7, 2009
Ll
EXHIBIT "B"
Compensation and Payment
1. The City agrees to pay Trauma Intervention Programs, Inc. $8,000.00 for
all services performed from July 7, 2009 to June 30, 2011.
2. The annual amount is usually based on $.12 per capita. Due to the
difficult economic time period, TIP has agreed to waive the per capita
formula for this contract.
3. Consultant shall submit quarterly invoices of $1000.00 for services.
4. The City shall make payments within 14 days of receipt of Consultant's
bill.
5. Payments shall be made to Trauma Intervention Programs, Inc.
6. The parties understand and agree that the City's payments to Consultant
as compensation under this Agreement shall not exceed Eight Thousand
Dollars ($8,000.00).
July 7, 2009
•
7/7/2009
AGENDA REPORT D9
TO: Joe Tait, Interim City ManagerCk"
FROM: Michael Cantor, Senior Management Analyst
SUBJECT: Consideration of Agreement for Crisis Intervention Services (Trauma
Intervention Program, Inc.)
RECOMMENDATION:
By motion, approve the agreement with Trauma Intervention Programs, Inc., for
volunteer trauma intervention response to critical incidents for $8,000 for two years from
July 7, 2009 to June 30, 2011.
SITUATION:
Since 1995, the City has contracted with the Trauma Intervention Program (TIP) which
is a volunteer, non-profit, organization that assists victims of traumatic experiences. TIP
volunteers respond to emergency scenes to provide intervention assistance to victims,
family members, witnesses and emergency personnel. These volunteers are trained to
assist individuals with stress management subsequent to a critical and/or traumatic
event. Additional program benefits include assistance to emergency personnel by
tending to the needs of grieving victims and family members, thus relieving emergency
personnel at the scene of these duties so that they may perform more critical job -
specific tasks.
TIP recruits volunteers from the community at large. This ensures quick response to
calls for service. Upon notification to report, volunteers are expected to respond within
a 20 -minute response time. Each volunteer receives approximately 55 hours of
classroom training in topics related to crisis and stress management, as well as 3 hours
of monthly in-service training.
As stated, TIP is a non-profit organization. They provide the aforementioned services
free of charge to those in crisis. The program is funded by both public and private
organizations. Public funding accounts for approximately 15% to 20% of the operating
budget. Private funds are obtained through fund raising efforts conducted by TIP
personnel.
There are 105 trained volunteers serving Orange County. TIP volunteers donated
14,400 hours of on-call service last year in the county and the average response time
between July 1, 2008 and April 30, 2009 was approximately 20 minutes. There are 48
Agenda Report •
Page 2 July 7, 2009
volunteers on call to be assigned to the City. In the last year, TIP volunteers responded
to 21 calls for service within the City, during which they served 39 San Juan Capistrano
residents.
A list of TIP services and participating agencies is Attachment 2.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
Not Applicable.
FINANCIAL CONSIDERATIONS:
This is a two-year agreement for $8000. Funds in the amount of $4000 have been
allocated in the fiscal year budget 2009-2010 for this agreement. Usually TIP provides
services to its contract partners, such as the City of San Juan Capistrano, based on the
population of the municipality at $.12 per capita. For this contract, TIP waived the per
capita formula due to the difficult economic times, and agreed to a reduction of about
7% from last year's contract.
NOTIFICATION:
Trauma Intervention Programs, Inc.
RECOMMENDATION:
By motion, approve the agreement with Trauma Intervention Programs, Inc., for
volunteer trauma intervention response to critical incidents for $8,000 for two -years from
July 7, 2009 to June 30, 2011.
Respectfully submitted,
Michael Cantor
Senior Management Analyst
Attachments:
1. Personal Services Agreement
2. TIP services provided to the City of San Juan Capistrano
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PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this 7th day
of July, 2009, by and between the City of San Juan Capistrano (hereinafter referred to as
the "City") and Trauma Intervention Programs, Inc (TIP). (hereinafter referred to as the
"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. To the extent that there
are any conflicts between the provisions described in Exhibit "A" and those provisions
contained within this Agreement, the provisions in this Agreement shall control.
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 July 7, 2009 and services
required hereunder shall be completed by no later than June 30, 2011.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed Eight
Thousand Dollars ($8,000), as set forth in Exhibit "B," attached and incorporated herein by
reference.
ATTACHMENT
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3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit quarterly invoices based on
total services which have been satisfactorily completed for such monthly period. The City
will pay quarterly progress payments based on approved invoices in accordance with this
Section.
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 Subcontracting 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.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra 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.
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9 0
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work to be performed 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 the 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; E -Verify.
9.1. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
9.2. E -Verify.
If Consultant is not already enrolled in the U.S. Department of Homeland Security's
E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the
effective date of this Agreement to verify the employment authorization of new employees
assigned to perform work hereunder. Consultant shall verify employment authorization
within three days of hiring a new employee to perform work under this Agreement.
Information pertaining to the E -Verify program can be found at http://www.uscis.gov, or
access the registration page at https://www.vis-dhs.com/emploverregistration. Consultant
shall certify its registration with E -Verify and provide its registration number within sixteen
days of the effective date of this Agreement. Failure to provide certification will result in
withholding payment until full compliance is demonstrated.
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. Copies of Work Product.
This language in this section has been removed as it is not applicable for this
Agreement.
3
Section 12. 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.
Section 13. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and appointive boards, officers, agents, 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 damages of any nature,
including interference with use of property, arising out of, or in any way connected with the
negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's
agents, officers, employees, subcontractors, or independent contractors hired by
Consultant in the performance of the Agreement. The only exception to Consultant's
responsibility to protect, defend, and hold harmless the City, is due to the negligence,
recklessness and/or wrongful conduct of the City, or any of its elective or appointive
boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Consultant.
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Consultant shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Consultant has also been obtained for the
subcontractor. Insurance required herein shall be provided by Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A- Class VII or
better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one
million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
0
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in an amount not less than one million dollars per occurrence
($1,000,000.00).
14.3 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.
14.4 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 naming City, its officers, employees, agents, and
volunteers as additional insureds as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed
by Consultant. The coverage shall contain no special limitations on the scope of protection
afforded City, its officers, employees, agents, or volunteers.
14.5 Errors and Omissions Coverage [FOR PROFESSIONS/WORK
EXCLUDED FROM GENERAL LIABILITY]
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 City's General Counsel for certification that the
insurance requirements of this Agreement have been satisfied.
14.6 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.
5
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 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 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party 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.
Section 16. 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, President
Section 17. 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.
11
Section 18. 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 19. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
M
Mark Nielsen, Mayor
CONSULTANT
gyne ortin, President (�
ATTEST:
Margaret R. Monahan, City Clerk
APPROVED AS TO FORM:
t &I IAL744
Omar Sarld6val, City Attorney
EXHIBIT "A"
Project Overview and Scope of Work
Trauma Intervention Programs, Inc. (TIP), upon the request of or referral
by the City, or as otherwise agreed upon, shall provide on -scene
emotional and practical support to the victims of traumatic events and their
family members. Said support shall include but not be limited to making
necessary telephone calls; making arrangements for clean-up services;
notifying family, friends and others; referring to follow-up services;
providing information and referral services; performing one follow-up
contact to verify the client's welfare.
2. TIP shall provide the City with an emergency telephone number that is
staffed 24/7 for purposes of dispatching TIP personnel to an on -scene
location.
3. TIP shall provide all personnel, volunteers, supplies, and equipment
necessary for the efficient and effective operation of the services and
programs provided for herein.
4. Tip or TIP's employees and/or volunteers shall provide all vehicles and
equipment necessary for the performance of this Agreement and shall be
responsible for maintenance of said equipment and vehicles.
July 7, 2009
EXHIBIT "B"
Compensation and Payment
1. The City agrees to pay Trauma Intervention Programs, Inc. $8,000.00 for
all services performed from July 7, 2009 to June 30, 2011.
2. The annual amount is usually based on $.12 per capita. Due to the
difficult economic time period, TIP has agreed to waive the per capita
formula for this contract.
3. Consultant shall submit quarterly invoices of $1000.00 for services.
4. The City shall make payments within 14 days of receipt of Consultant's
bill.
5. Payments shall be made to Trauma Intervention Programs, Inc.
6. The parties understand and agree that the City's payments to Consultant
as compensation under this Agreement shall not exceed Eight Thousand
Dollars ($8,000.00).
July 7, 2009
TIP
Date: June 9, 2009
To: Mike Cantor
From: Wayne Fortin
• •
Trauma National Office
Intervention 1420 Phillips Street
Vista, CA 92083
Programs, (714) 314-0744
Inc.
"Citizens helping citizens in crisis"
Re: Services Provided to the City of San Juan Capistrano: 7/1/08 - 4/30/09 (10 -month period)
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.
II Statistical Data (10 -month period - July 1, 2008 to April 30, 2009)
A. # of volunteer hours contributed to Orange County Cities (including San Juan Capistrano) = 14,400
B. # of San Juan Capistrano residents served = 39
C. # of intervention services provided to San Juan Capistrano residents = 86
D. # of TIP volunteers serving the City = 48
E. Average response time = 20 minutes
F. 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.
IV. Jurisdictions Served in Orange County (see attached)
Winner
National Crime Victim Service Award
Innovations in State and Local Government
ATTACHMENT
0
0
TIP of Orange County
Participating Jurisdictions, Hospitals, and Emergency Agencies
Jurisdictions
Aliso Viejo
Brea
Costa Mesa
County of Orange
• Harbors and Parks
• John Wayne Airport
• Unincorporated areas
Dana Point
Irvine
Laguna Beach
Laguna Hills
Laguna Niguel
Laguna Woods
Lake Forest
Los Alamitos
Mission Viejo
Orange
Placentia
Rancho Santa Margarita
San Clemente
San Juan Capistrano
Stanton
Villa Park
Yorba Linda
HHos itals
Chapman Hospital
Hoag Hospital
Huntington Beach Hospital
Irvine Medical Center
Kaiser Permanente Hospital - Anaheim
Kaiser Permanente Hospital - Irvine
Mission Hospital
Placentia Linda Hospital
Saddleback Memorial Medical Center
San Clemente Hospital
South Coast Medical Center
UCI Medical Center
Western Medical Center
Western Medical Center/Anaheim
Public Safetv ALYencies
a i ornia Highway Patrol
Costa Mesa Fire Department
Costa Mesa Police Department
Laguna Beach Fire Department
Orange Fire Department
Orange Police Department
Orange County Fire Authority
Orange County Sheriff's Department
Placentia Police Department
Winner
National Crime Victim Service Award
Innovations in State and Local Government
32400 PASCO AOELANTO
SAN JUAN CAPISTRANO, CA 92675
(940) 499.1171
(949) 493.1453 FAX
Iki6'WSf7W140fiCapalra"o.aq
0 0
K EL40EPS OF THE CITY COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAMALIEVATO
LAURAFREESE
TROMAS W. HRIBM
LVM141ELSEN
UR LONORES UBO
The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, July 7, 2009 in
the City Council Chamber in City Hall, to consider: "Consideration of Agreement for
Crisis Intervention Services (Trauma Intervention Program, Inc) " — Item No. D9.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m.
on Monday, July 6, 2009 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the staff
table, just in front of the Council dais. You will be called to speak by the Mayor when the
item is considered.
You have received this notice at the request of the City staff member Michael Cantor,
Senior Management Analyst. You may contact that staff member at (949) 234-4565 with
any questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanouancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
citvclerk(a)sanivancapistrano.org.
Meg Monahan, MMC
City Clerk
cc: Trauma Intervention Programs, Inc
Sun Juan C "apish ano: Preserving the Past to Enhance the Fu7tar�r
• • Page 1 of 1
Christy Jakl
From:
Christy Jakl
Sent:
Friday, July 10, 2009 2:49 PM
To:
Michael Cantor
Subject: Trauma Intervention Program
Hi Michael,
I have your PSA with Trauma Intervention Programs, Inc. Before we finish executing the
agreement, we need automobile liability per the contract and E -verify. FYI, they should not
begin working nor should be paid until we've received all their required documents. Let me
know if you have any questions.
Sincerely,
Chrisl-� Jakl
Administrative Specialist, City Clerk's Office
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6310 1 (949)493-1053 fax
7/10/2009
Today's Date: 6/18/09
CIP No. (if any):
0
CONTRACT TRANSMITTAL
0
Project Manager's Last Name: Michael Cantor Phone Extension: X 4565
Council or CRA Meeting Date (if applicable): 07/07/09
APPROVING AUTHORITY: (Check One)
® Mayor
CRA Chair
ED City Manager
I
r
Provide (1) executed original contract for each signing party, including the City. If the agreement is to
be recorded — only (1) original will be recorded with certified copies going to other parties.
Please provide the mailing address of any party to receive an agreement — unless the mailing
address is included within the body of the agreement: (Not necessary if information is included in the
contract)
OTHER INSTRUCTIONS:
1. Please return a copy of executed agreements for our files.
-4A-k
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 4931171
(949) 4931053 FAX
www.sanjuancapistrano.org
TRANSMITTAL
M
Trauma Intervention Programs, Inc
Attn: Wayne Fortin, President
1420 Philips Street
Vista, CA 92083
DATE: July 16, 2009
JVAft •
�j IA[IIIAAAIAI
` ESAAnISRI 1 1961
1776
MEMBERS OF THE CITY COUNCIL
FROM: Christy Jakl, Administrative Specialist, City Clerk's Office (949) 443-6310
SAM ALLEVATO
LAURA FREESE
THOMAS W. HRIBAR
MARK NIELSEN
DR. LONDRES USO
RE: Personal Services Agreement — Support Service to Victims of Traumatic Events
Thank you for providing documentation confirming compliance with the terms of the agreement
related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
this agreement. If you have questions related to insurance requirements, please call me at
(949) 443-6310.
If you have questions concerning the agreement, please contact Michael Cantor, Senior
Management Analyst at (949) 234-4565
An original agreement is enclosed for your records.
Cc: Michael Cantor, Senior Management Analyst
San Juan Capistrano: Preserving the Past to Enhance the Future
40 Printed on 100% rec ded paper