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Res 1195 - Agmt Officer Alive C j'h. .-. COUNCIL BILL NO. 1492 RESOLUTION NO. 1195 A RESOLUTION AUTHORIZING A CONTRACTUAL SERVICES AGREEMENT WITH OFFICER ALIVE! LAW ENFORCEMENT CHAPLAINCY. WHEREAS, the city has a need for the personal counseling, stress management, guidance and support, and other services provided by Officer Alive! Law Enforcement Chaplaincy, and WHEREAS, Officer Alivel is qualified and capable of performing the professional services that the city requires, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Mayor and City Recorder are authorized to sign a professional services contract with Officer Alivel Law Enforcement Chaplaincy, a copy of which is attached hereto, and by this reference, incorporated hereto / Approved as to form~ ~ 'is U -::; 7.3 City Attorney ~ / / Date . APPROVED: i~ n~ Len Kelley, Mayor Passed by the Council September 13, 1993 Submitted to the Mayor September 14, 1993 Approved by the Mayor September 14, 1993 Filed in the Office of the Recorder Septembe'r 14, 1993 ATTEST: Page 1 - COUNCIL BILL NO. 1492 RESOLUTION NO. 1195 CITY OF WOODBURN, OREGON PROFESSIONAL SERVICES CONTRACT FOR WOODBURN POllCE DEPARTMENT EMPLOYEES TIllS AGREEMENT made and entered into the 1st day of July, 1993, by and between City of Woodburn, of the State of Oregon, hereaftel called the CITY, and OFFICER ALIVE! Law Enforcement Chaplaincy called the CONTRAcroR, whose address is 12295 SW Fifth (post Office Box 187) Beaverton, Oregon 97075. WITNESSETH: ',," WHEREAS, CITY has a need for the services of an individual with the particular training, ability, knowledge, and experience possessed by CONTRACTOR, WHEREAS, CITY has determined that the CONTRAcroR is qualified and capable of performing the professional services as the CITY does hereinafter require, under se terms and conditions set forth: NOW, THEREFORE, in consideration of mutual covenants contained herein, the parties agree as follows: A. SERVICES TO BE PROVIDED CONTRACTOR shall initiate services immediately upon receipt of the CITY'S notice to proceed, together with an executed copy of this agreement. CONTRACTOR will provide the following professional services: Scope of Services 1. The CONTRAcroR will be available to provide personal counseling and crisis assistance to law enforcement personnel and their immediate families. 2. The CONTRACfOR will provide guidance and support, upon request, to persons and serves as a facilitator for emotional and stress related incidents. 3. The CONTRAcroR will make hospital and home visitations during times of illness, injury, surgery, and the recoyery period relating to on the job incidents. 4. The CONrRAcroR will provide or facilitate training and counseling concerning stress management, ethics, and traumatic incidents, terminations, and preparation for retirement. (Certain professional training seminars/conferences will be given on a fee basis/participant upon separate agreement.) ._'-~''''- ---".,..-,---- . ...... .,_._----,~._~- Page 2 - PROFFSSIONAL SERVICES CONTRACf 5. The CONTRACfOR may be called out on a 24-hours basis to assist police personnel with suicides, survivors of homicides and accidental deaths, (not natural DOAs) SIDS, <?r death notifications, and natural disasters. 6. The CONTRAcroR will coordinate counseling services and referrals as required (psychological, mental health, marriage, alcohol, drug related, etc.) 7. The CONTRACfOR, upon request, will assist in deyeloping a Critica1ffraumatic Incident Stress Debriefing team for the county use. '.,1' 8. The CONTRAcroR will coordinate and develop yarious spouse and family support groups for services described in this contract. 9. The CONTRAcroR desires to be a friend to all, a confidential listening ear that is out of the chain of command. B. COMPENSATION FOR SERVICES PROVIDED The CITY agrees to pay the CONTRACfOR a monthly fee of $25.00, starting with fiscal year 1993-94 for performance of those services described herein. This contract may be renewable for additional fiscal years upon agreement of the CITY and CONTRACfOR. C. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR CONTRAcroR acknowledges that for all purposes to this Agreement, CONTRACfOR is and shall be deemed to be an independent CONTRACfOR and is not an employee of CITY, shall not be entitled to benefits of any kind to which an employee of the CITY is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore, in the event that CONTRACfOR is found by a court of law or. any administratiye agency to be an employee of the CITY for any purpose, the CITY shall be entitled to offset compensation due to demand repayment of any amounts paid to CONTRACfOR under the terms of the Agreement, to full extent of any benefits or other remuneration CONTRACfOR receives (from CITY or third party) as a result of said finding and to the full extent of any payments that CITY is required to make (to CONTRACfOR or to a third party) as a result of said finding. ".,"-~..,--_..-..,-,..".-~.. ~,.__..'" Page 3 - PROFESSIONAL SERVICES CONTRACT D. INDEMNIFICATION CITY has relied upon the professional ability and training of CONTRACTOR as a material inducement to enter into this Agreement. CONTRACTOR warrants that all its work will be perfonned in acCordance with generally acceptable professional practices and standards as well as the requirements of applicable federal, state and loca1laws, it being understood that acceptance of a CONTRACTOR's work by CITY shall not operate as a waiver or release. , , The CONTRACTOR agrees to indemnify and defend the City of Woodburn, its officers, agents and employees and hold them harmless from any and all liability , causes of action, claims, losses, damages, judgments or other costs or expenses including attorney's fees and witness costs and (at both trial and appeal level, whether or not a trial or appeal ever takes place) that may be asserted by any person or entity which in any way arise from, during or in connection with the performance of the work described in this contract, except liability arising out of the sole negligence of the CITY and its employees. Such indemnification shall also cover claims brought against the City of Woodburn under state or federal worker's compensation laws. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. E. INSURANCE The CONTRACTOR shall maintain insurance acceptable to the CITY in full force and effective throughout the terms of this contract. Such insurance shall cover all risks arising directly or indirectly out of CONTRACTOR'S activities or work. The policy or policies of insurance maintained by the CONTRACTOR shall provide at least the following limits and coyerages; Types of Insurance Limits of Liability General Liability General Aggregate $500,000 (each occurrence) $500,000 F. TERMINATION At any time and without cause, CITY may terminate this agreement in its sole discretion upon giving CONTRACTOR fiye days written notice without waiving any claims or remedies it may haye against the CONTRACTOR. -,~"--,~""",-,""."'-' . - -"_._-~_.--.._-~~_."",_... Page 3 - PROFESSIONAL SERVICES CONTRACf G. COMPLETE AGREEMENT This contract and any referented attachments constitute the complete agreement between the CITY and the CONTRACfOR and supersedes all prior written or oral discussions or agreements. IN WITNESS WHEREOF the CITY has caused the Agreement to be executed by its duly authorized undersigned officer and the CONTRACfOR has executed this Agreement on the date hereinabove first written. DATED: 9/16/93 DATED: r ,..._.....~.1..._.~..._~_._-_., .~-~_...,._.....,.." ,~~ Cit Recorder OFFICER ALIVE! LAW ENFORCEMENT CHAPLAINCY By: