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Home My WebLink About04678 - TIP TRAUMA INTERVENTION PROGRAM EMERGENCY SUPPORT Page 1 of 1 Kathie Hart From: Blake Goetz Sent; April 22, 2008 8:48 AM To: Kathie Hart Subject: RE, Agreements Due to Expire Within the Next 90 Days Hi Kathie, The Trauma Intervention Program is no longer in effect:-They pulled out of the Valley in 2006/07 and you can remove them fionj the file. DOCiupent 4A4678 Code Red was just approved by the City Council for a new five year contracl and you have the does- Document A5473 I will work on GiGi Kramer's contract. Document A 5495 Bla-ke From: Kathie Hart Sent: Monday, April 21, 2008 5:26 PM To: Department Heads Subject: Agreements Due to Expire Within the Next 90 Days Hello Everyone! Attached is a report listing all agreements/contracts due to expire in the next 90-days. In reviewing the list if the project/job has been completed please advise and our office and we will close the file. I�4 -6 Kathie Hart, emc Chief Deputy City Clerk City of Palm Spririgs 3200 7ehqu1¢Canyon Woy Palm$pnngs, CA 9„262 Ko rhre.l-InrlOpolmspri ngs-co go v Office (760)323.8206 05/12/08 • • ' Trauma Intervention Program Emergency Support AGREEMENT #4678 MO7280, 4-2-03 AGREEMENT BETWEEN CITY OF PALM SPRINGS AND TRAUMA INTERVENTION PROGRAMS, INC Z"Q �j t � ICY- THIS 3 AGREEMENT is made and entered into this,i day of ,� A-F, by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City') and Trauma Intervention Programs, Inc. herein referred to as "TIP". WITNESSETH: WHEREAS, the city is desirous of TIP providing a range of emotional and practical support services to victims of traumatic events and their families; and WHEREAS, victims of traumatic events sometimes require assistance in making arrangements for shelter, food, transportation, and receiving necessary information and referral services; and WHEREAS, TIP is a contractor which has the ability to provide such services; and WHEREAS, the parties wish to enter into an agreement whereby TIP will furnish such services; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SERVICES AND DUTIES a. TIP shall make available to the City the number of TIP's 24-hour Emergency Dispatcher. Upon the request of or referral by the City, the TIP dispatcher will immediately dispatch the on-call volunteer. Volunteers will respond to the scene within 20 minutes after being called 80% of the time and within 45 minutes of being called 100% of the time. b. 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. c. shall provide all personnel, volunteers, supplies, and equipment necessary for the efficient and effective operation of the services and programs provided for herein. d. Upon the request of or referral by the City, or as otherwise agreed upon, TIP personnel shall, following a traumatic event within the City, and during the "impact stage" of such an event, provide on-scene emotional and practical support to the victims of the traumatic event and their family members (hereinafter"clients") as well as those emotional and practical services specified in the 'Scope of Services' attached hereto as Exhibit 'A' and incorporated herein by this reference." Said emotional and practical support services shall include but shall not be limited to providing on-scene emotional support to clients; making necessary telephone calls; making arrangements for clean-up services; notifying family, friends, and others; 1 (;!s9F�;,Nt1�i reG6?r�Lf.9E?�.I'1 referring to follow-up services; providing information and referral services; performing one follow-up contact to verify the client's welfare. e. TIP shall provide all training to its volunteers and staff necessary to assure their competence and proper performance. TIP represents and warrants that TIP's training staff is experienced in providing the training of volunteers contemplated herein and that TIP volunteers and staff shall follow a reasonably high standard of care in performing the services required hereunder. f. TIP shall comply with all applicable local, state or federal laws or regulations. g, Licenses, Permits, Fees and Assessments. TIP shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. TIP shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for TIP's performance of the services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 2. COMPENSATION FOR SERVICES The City agrees to pay TIP 120 per person (population), based on the California State Department of Finance Information for population at the time of invoice (population x 120) per year for the services to be performed hereunder. The City agrees to pay one-fourth of the contract amount per quarter unless some other method of payment is mutually agreed to in writing. At the commencement of each quarter, TIP shall submit to the City, in a form approved by the City's Director of Finance, an invoice for services rendered in the prior quarter. City shall pay TIP for all expenses stated thereon which are approved by City within thirty (30) days. 3. INDEPENDENT CONTRACTOR In the performance of the obligations under this Agreement, it is understood and agreed that TIP is at all times acting and performing services as an independent contractor, and the City shall exercise no control or direction over the manner and means by which TIP performs its obligations under this contract, except as herein stated. TIP will report to a contract administrator appointed by the City. All persons employed by or volunteering for TIP in the performance of TIP's services and functions shall be considered employees, volunteers, and agents of TIP and no person employed by or volunteering for TIP shall be entitled to any City pension, civil service, or any status or right, nor shall he or she be deemed to be a City employee as a result of this Agreement. Additionally, all persons employed by or volunteering for TIP shall not represent themselves to be affiliated with the City of Palm Springs. 4. INDEMNIFICATION TIP promises and agrees to defend, protect, indemnify and save harmless the City, its officers, agents, and employees against and will hold and save them and each of them harmless from and against any and all claims, demands, and liability for damages for 2 personal injury, property damage, loss, cost, penalty, obligation or liability that may be claimed or suffered by any person, firm or entity arising out of or in connection with the negligent performance of work, operations, or activities of TIP, its agents, employees, volunteers or invitees, or arising from TIP's negligent performance or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of City, its officers, agents or employees. a. TIP will defend any action or actions filed in connection with any of said claims or liabilities arising out of or in connection with the negligent performance or failure to perform such work, operations or activities of TIP hereunder and will pay all costs and expenses, including legal costs and attorneys' fees in connection therewith. b. TIP will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of TIP hereunder. 5. PROPRIETARY RIGHTS a. TIP is the sole and exclusive owner of all proprietary and other property rights and interests in and to the trade names and/or trademarks "Trauma Intervention Programs," "TIP, Inc." and "TIP" and all other trademarks and service marks used in connection with the TIP program, including, but not limited to, all those trademarks, service marks, slogans, logos, and rights residing in the banners, brochures, business cards, and letterheads by which groups licenses to adopt and use said names and marks and products therefrom are known and identified (collectively, "Proprietary Marks and Indicia") b. TIP is the sole and exclusive owner of all materials used to operate the TIP Program in the City of Palm Springs. These materials include but are not limited to the Operations Manual, Volunteer Training Manual and Trainers Manual. Upon termination of this Agreement, the City agrees to immediately return all manuals and materials to TIP. 6. INSURANCE a. TIP shall secure and maintain, at its sole cost and expense throughout the contract period, Comprehensive General Liability Insurance. Said insurance shall be maintained in full force and effect during the term of this Agreement or renewals or extensions thereof. Such a policy shall be for not less that $1,000,000 for injuries, including accidental death and property damages, including coverage for contractual liability and broad form property damage. All insurance required by this Section shall name City, its officers, employees and agents as an Additional Insured on all policies and/or certificates of insurance. Copies of all policies or certificates shall provide for thirty (30) days written notice to the City prior to any reduction in coverage or cancellation. Such insurance coverage shall be primary and shall not require any contribution by the City or by the City's insurance carriers 3 The amount of such insurance shall not be deemed a limitation of TIP's agreement to save and hold the City harmless and if the City becomes liable for an amount in excess of the insurance, TIP will, in accordance with Section 4 hereof, save and hold the City harmless from the whole thereof. The City reserves the right to increase the amounts of insurance coverage described hereinbefore, and to require any additional riders and provision in said policies or certificates as shall be considered necessary by the City Attorney of the City and/or the City Manager of the City consistent with the terms and conditions of this contract. TIP shall comply with said increase or other change within thirty (30) days after notice from the City. b. Workers' Compensation: TIP shall secure and maintain throughout the term of this Agreement, Workers' Compensation insurance as prescribed by the laws of the State of California. A certificate evidencing such coverage shall be filed with the City Manager's Office. Said certificate shall provide that the City will be given at least thirty (30) days written notice prior to cancellation. C. Business Automobile Coverage. A policy of business automobile insurance written on a per occurrence basis with a single limit liability in the amount of $1,000,000 bodily injury and property damage. Said policy shall include coverage for non-owned cars. 7. TERMINATION a. For Cause. If either party fails to perform any duties or obligations imposed on it by this Agreement and such failure continues for thirty (30) days after written notification by one party to the other, then this Agreement will be in breach and, the party providing such notice may terminate this Agreement immediately thereafter. b. Without Cause. Either party at any time may terminate this Agreement without cause upon the giving of thirty (30) days prior written notice to the other of such intent to terminate at the address set out in Section 9 of this Agreement. C. Reimbursement of Compensation. If this Agreement is terminated prior to the end of the term set forth in Section 8, TIP shall be compensated on a pro rata basis. 8. TERM This Agreement shall commence on October 1, 2003 and continue through June 30, 2008 unless earlier terminated in accordance with Section 7. 9. NOTICES Notices shall be deemed given under this Agreement when in writing and personally delivered or placed in the U.S. Mail, first class, postage prepaid, addressed as follows: 4 City: City Manager City of Palm Springs Post Office Box 2743 Palm Springs, CA 92263-2743 TIP: Trauma Intervention Programs, Inc. 1420 Phillips Street Vista, CA 92083 10. ASSIGNMENT/AMENDMENT/ENTIRE AGREEMENT/NO CONTINUING WAIVER This Agreement constitutes the entire agreement between the parties. It may be amended only in writing signed by both parties. No waiver of any term or condition of this Agreement shall be deemed a continuing waiver hereof. This Agreement is binding upon TIP and their successors and assignees. Except as otherwise provided herein, TIP shall not assign, sublet, or transfer its interest in this Agreement or any part thereof without the prior written consent of the City. Any such assignment shall, at the option of the City, immediately void this Agreement. 11. PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. 12. CONFLICT OF INTEREST. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 5 • i 13. COVENANTS AGAINST DISCRIMINATION. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 14. CORPORATE AUTHORITY. The persons executing this Agreement on behalf of the parties. hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. 15. HIPAA Contractor and agents of the Contractor will conform to all aspects of the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all subsequent amendments. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized officers on the day and year first above written. CITY OF PALM SPRINGS, Approved As To Form umclp or o By ��-r `pY✓ � By City Manager ��' Ei#y� ttorney Attest: By 7,X. '-�-�City Cle idI/3/J.3 TRAUMA INTERVENTION PROGRAMS, INC. / „ o>>rr I � / �t ._ � I 'O� �.\L I, �JUt%i�'!J 6 u' President C\Documents and Settinns\KerrieS\Mv Documents�AGREEMENT CITY OF PALM SPRINGS TIP.doc 6 EXHIBIT "A" SCOPE OF SERVICES General Description: The core service in every TIP Chapter is the Crisis Response Team. The Crisis Response Team is a team of well-trained volunteers who are called by emergency personnel to provide support to emotionally traumatized citizens on a 24-hour 365-day a year basis. Volunteers respond to emergency locations within 20 minutes of the time called. The need addressed by the Crisis Response Team: Following a traumatic event, the persons involved often feel helpless, confused, and in emotional shock. They are confronted with a situation for which they are totally unprepared. Often there is no one available in the immediate aftermath of a tragedy to guide the victims through these difficult hours. The TIP volunteer provides temporary support until the persons involved in the crisis are able to depend on family, friends, neighbors, and others. When a TIP Volunteer is called: TIP Volunteers are always available. They are called by authorized police officers, firefighters, paramedics and hospital personnel to assist: • Family members and friends following a natural or unexpected death • Victims of crime including rape, assault, robbery, and burglary • Victims of fire • Disoriented or lonely older persons • Persons involved in vehicle accidents • Persons who are distraught and seeking immediate support • Family members of a person who has completed suicide What TIP Volunteers Do: • Provide emotional support • Help arrange for shelter, food, clothing and transportation • Notify family and friends • Serve as liaison between the victims and emergency and hospital authorities • Help arrange follow-up services • Provide information and referral to appropriate agencies for ongoing assistance 7 10/13J2 . 3 09:03 (60b9(0262 TIP NATIONAL PAGE 02 10/09/03 15:46 FAX • • lao08 A CERTIFICATE OF LIABILITY INSURANCE DA'icOCTS03Y) pqup TM PATIOAL INSURANCE PROFESSIONALS CORP Trus cGFTIFIGATE IS ISSUED AS A MATTER OF INFORMATION N049 NE L INSURANCE PROFESSI ONLY ANU CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOkR. THIS CERYIPIOATE DOES NOT AMEND, EXTEND OR POULSBO WA 003713,7494 pLrER THE COVERAGE AFFORDED BY THE POLICIES BELOW PHONE: (360)697.3611 PAX: (360)697-3609 INSURERS AFFORDING COVERAGE NAIC# INSURED IN IHLI1 A UNITED NATIONAL INSURANCE COMPANY TRAUMA INTERVENTION PROGRAMS,INC- - 1030 WEST SAN MARCOS BLVD M166 INSUH LE(e SAN MARCOS CA 92069 INyUR6RC' INSWHER D. INISUKLH L, ERAG THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 10 TIP iNSUNPO NAMED ARI)Vw I-OR 1YF. PC,ICY PERIOD INDICATED.NOTWITHSTANDING ANY REOUIREMENT,TERM'OA CONDIT(CM OF ANY CONTRACTOR OTHER DOCJMCNI WIIII HLSM'I-GI 'IO w11,01R THIS CERTIFICATE,MAY IF R5VED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED H( HF:IN h SUSA`CT'rO NA IHE TERMS, :XOLUSIOrvS AND CONDITIONS OF SUCH POLICIES. AGOREGATELIMITS SHOWN MAY HAVE GLEN PlOUOEO BY VAIU Ct AIMH Imal TYPEOFINSURANC9 POLICY NUMBER POUOV EI MMIA. POI My FXPIRAYIOH LIMITS UTFI,I.WII O.YY UwllA.umyl GENERN.LIABILITY" COAU43692 DIEC 1112 DEC 15 03 EAGHOCCURRENO6 _ S 10 O, ,DOD X COMMERCIAL GENERAL LIAGILITY tlAMAOP,TOPENTEV Ahtl-mI 1L0Vu•1 ,.. „— JTCLAIMSMADE . 00CUR MUD.EXP(Aq One PPnon) jg _eXCLUDED A I PERSONALOADVINJUHY $ 1,000,QQQ GCNERAI AGGREGATE ..—..a, 3.000,000 GRJ'L AAOREGATW:LIMIT APPLIES PER P4000OTS.<,70MPK)P AGO. '9 3,000,000 ...-_. ...,, X POLICY AUYOMONaE DASILITY CGA043692 OEC1502 DEC 150$ C OIAOINEU VKOL511IMN• 11 N,Qp0,000 ANY AUTO I fEo ncbdBlll) I ALL OWNED AUTOS I GODIIYINJURY i SGHEOUI,F.n At1YOS 1 IIRe•t»Ie UnI g A —.__...,_....._.. HREDAUTOS ( Y INJURY ----. X NON•OWNEDAUTOS BODIL aouiLcdenp .y '""°' ,PROFHHYY!?AMAOE S GARAGE LIABILITY iAU10 ONLY-EA ACCIDENI S ANY AUTO Dl'11HH 141AV tA.ACC $ AVi'V ONLY. EXCESS/UMBRELLA UABILRV EAGpIUCCUHHF.NCE S OCCUR CLAIMS MADE DEOUCTIBI.E I ... ......_.._ ._L....—....—..__.-u..._. RETENTION g 4 WORKERS COMPENSATION AND Wr,.AA41 )T101', EMPLOYERS'LIASILITY ._...,1J➢Y.liV175.._....---_ ANY NIWWE100RAHTHERPXKODTNG EI_EACH ACCNFNr l OFFI%PMEMCEP EMCLUDEDf . ...,...,..-...._.._. .._._.,.....�.._... .._ I„1„HIS!?ASGEA GMPI,V'YG[? S IF GYAOIA4AgAkRM4w0Lr YNOVIIIONg CHPw G.I.fiISEAyFSPULICY LIMIT g OTHER:PROFESSIONAL LIABILITY OOAIII892 DEC 15 02 OEC 15 03 91,000,000 EACH CLAIM A ,0,000,000 AGGREGATE JAGG LIMIT IS COMBINED PROF AND COL DESCRIPTION OF OPERATIONSILOCATION/V EHICLES/EXCLUSI ONS ADDED ENDORSEMENT!SPECIAL PROVISIONS CERTIFICATE HOLDER TO BE NAMED AS ADDITIONAL INSURED UNDER THE ABOVE POLICY BUT ONLY AS THEIR INTERESTS MAY APPEAR AND ONLY WITH RESPECT TO THE,OPERATIONS OF THIS NAMED INSURED, CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETiER, CANCELLATION CITY OF PALM SPRINGS,THE CITY,ITS OF'FICER5,EMPLOYEES SHOVI O AW ON I I'I:AnOVF DRSOIVEED POLICIES SE CANOGIALAD Bel-LIHE'I HE LXPIIIAr,ON DAT'To[RCQI` IHE ISSUING COMPANY WI.L ENDLAVOH TO MAIL 30 DA" WHI I'I b'. NOIIOU TO THE cERT.RICA r. HOLDER NAMED TO THE LEf T,HUT AND AGENTS FAI Ll111L I J OQ$0 SHAU IMI'ID$E NO OBI OAV0.9 OF 4IA81ITY OP ANY KINn UPON INN PALM SPRINGS FIRE DEPARTMENY" INSt1RER,P'9 AGEN I't:)R REPRP'SFNTA'rIVES. 300 NORTH EL CIELO ROAD AUTHDRunI)REPHE.sEvl'ATIVP PALM SPRINGS,CA 92202 [` Altentlon: CHIEF BARY FAM Ba .Cllpshfaln ACORD 25(2001/08) Corlilir.3l00 32561 • CALDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 09-30-2003 GROUP: POLICY NUMBER: 1197336-2003 CERTIFICATE ID: 61 CERTIFICATE EXPIRES: 05-01-2004 05-01-2003/05-01-200a CITY OF PALM SPRINGS ATTN CHIEF BARY FREET -- PALM SPRINGS FIRE DEPT 300 N EL CIELO RD PALM SPRINGS CA 92262 issued _ ____ — .—approved-by-the __._-_—___- This is to certify that we have issued a valid Workers Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy Is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions, and conditions, of such policies. Y4� ' c . oi� AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1, 000, 000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 09-30-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF PALM SPRINGS ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 05-01-2000 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER TRAUMA INTERVENTION PROGRAMS, INC. (A NON-PROFIT CORP.) 1930 W SAN MARCOS BLVD # EL156 SAN MARCOS CA 92069 [EC SD] PRINTED.09-30-2003 SCIF 10202E Accept this certificate only if you see a rain[watermark that reads"OFFICIAL STATE FUND DOCUMENT' PAGE 1 OF 1