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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. 0 0 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. 2 9 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. 3 0 0 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 4 0 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 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. 0 0 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 9 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. ATTACHMENT 9 0 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. 2 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