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Home My WebLink About4/2/2003 - STAFF REPORTS (9) DATE: March 14 20b3 TO: City Council FROM: Bary Freet, Fire Chief TRAUMA INTERVENTION PROGRAM RECOMMENDATION: It is recommended that the City Council determine their interest in participating in the Trauma Intervention Program, Inc. SUMMARY: The Trauma Intervention Program, Inc., founded in 1985, establishes and operates TIP Chapters in various locations throughout the nation. In each chapter, citizen volunteers provide support to emotionally traumatized citizens and tourist immediately following a tragic incident. This is a support program to public safety personnel. Volunteers assist family members following natural or unexpected deaths, victims of crime, disoriented or lonely persons, victims of vehicle accidents, family members after a suicide, and anyone emotionally traumatized by a crisis event. BACKGROUND: CVAG committees have reviewed TIP (Human & Community Resources, Public Safety, and the Executive Committee) and have referred the concept to each jurisdiction for review and funding. The cost of the TIP program has been represented to be 12 cents per population ($5,125 for Palm Springs). Palm Springs and Cathedral City have operated a similar volunteer program for more than 13 years (Chaplain Program). The Chaplain Program originally covered the Coachella Valley from Coachella to Palm Springs, but the coordination by the fire departments in the east part of the Valley dwindled as the departments shifted from city to county operations. The Chaplain Program utilizes local ordained/professional volunteers and builds upon their training and experience to provide the ancillary counseling and support to the traumatized victims. The cost of the Chaplain Program is less than $1,000 per year total for Cathedral City and Palm Springs --- for paging services and training. The membership of the Chaplain Program does not "minister" to the traumatized person, they are there for intermediary support from the scene of the traumatic event to the Social Services Department of Desert Regional Medical Center. They are also considered to be part of the American Red Cross' mandated (by Congress) duties under the Aviation Disaster Family Assistance Act of 1996 and the Foreign Air Carrier Family Support Act of 1997, Presently we have four chaplains in the Chaplain Program. The fifth chaplain relocated in January and resigned from the program. Ideally, the Chaplain Program should have seven volunteers. Recruitment and training of additional chaplain candidates has been postponed until it is determined whether TIP will replace it. Our local Chaplain Program is part of the International Chaplain's Ministry, headquartered in Edmonds, WA. There are pros and cons to both the TIP and Chaplain Programs: • The cost of Palm Springs for TIP would be approximately $5,100+ (another $5,100+ for Cathedral City). • The cost of the existing Chaplain Program for Cathedral City and Palm Springs is less than $1,000 (total). • TIP may not use "professionals" with counseling experience. • TIP would provide the administrative support and training to the volunteers. • The Fire Department provides the administrative support and training to the existing chaplain cadre, with support from the Executive Director of the International Chaplain's Ministry. • Either program could interface with the local hospital social service department. The Chaplain Program candidates have trained with the Desert Regional Medical Center chaplains, so the membership of both programs understands their respective roles. • Either program could interface with the mandated American Red Cross program for aviation support, but the Red Cross program is mandated to provide "qualified mental health professional or support groups". • Recruitment and retention of ordained clergy or mental health professionals for the Chaplain Program has been a challenge. Ideally we would like to have seven to ten volunteers, but we often have had less than six. CVAG provided a draft agreement to the City. Fire Chief Freet suggested some significant modification to the draft agreement to help measure performance, address liability and payment. Following review by the TIP Chief Executive Officer and their legal counsel, the TIP Agreement has been revised. It has now been made clear that the proposed agreement is to be between each jurisdiction and TIP. CVAG is not a party to the Agreement. The City of Palm Springs City Attorney has not reviewed the most current version of the TIP Agreement. Chief Freet has expressed concerns that some of his comments were not incorporated in the revised agreement, specifically: • In order for a TIP volunteer to be contacted, staff at the City's Dispatch Center (PSAP) would call the request to a TIP 24-hour Emergency Dispatch. Presently, the City's dispatchers have direct access to the chaplains through numerous telephone numbers and alpha/numeric pagers. The pager not only provides a method to make initial contact with chaplains, but the capability of providing text messages as emergency circumstances change. • TIP has touted the capability to provide a response by a volunteer within 20 minutes. It was suggested that the 20-minute response be specified to be a 20-minute response, 90% of the time. However, the revised TIP agreement states 20 minutes 80% of the time, and all calls within 45 minutes. CVAG is working with national TIP to establish an advisory committee as a subcommittee of its Human and Community Resources Committee. If the agreement is with each jurisdiction, the relevance of a CVAG Advisory Committee is questionable. 7 � CONCLUSION: If it is the desire of the City to participate in TIP, an agreement or contract should be established with the organization, which would outlines performance expectations, fees, and liability issues. The agreement would need to be referred to the City Attorney for review. If a CVAG Oversight Committee is formed, a representative from the City should be assigned (the contractual agreement would be with the City and not CVAG). Funding for TIP would need to be identified. EKary Freet, Fire Chief _�_�®✓��°� APPROV Dr City Manager Attachments: 1. Minute Order No. '76 C-VAG Lff-IV6;G �� COACHELLA VALLEY ASSOCIATION of GOVERNMENTS Blythe • Cathedral City • Coachella • Desert Hot Springs • Indian Wells • Indio • La Duinta • Palm Desert • Palm Springs • Rancho Mirage County of Riverside Agua Caliente Band of Cahuilla Indians • Cahazon Band of Mission Indians • Torres Martinez Desert Cahuilla Indians MEMORANDUM •l�ab��2 e QC0 a G0 2 20 TO: EXECUTIVE COMMITTEE PeG�'C`�bZcS* CPO FROM: Aurora Kerr,Director ' N)e Human and Community Resources DATE: November 22, 2002 RE: TRAUMA INTERVENTION PROGRAM (TIP) At the request of Councilmember Will Pieper from the City of Desert Hot Springs, who is also a member of CVAG's Human and Community Resources (HCR) Committee, staff contacted TIP Founder and CEO,Wayne Fortin and Becky Gunnoe from the City of Corona to make a presentation about the Trauma Intervention Program (TIP). TIP, hie, is a national non-profit organization founded in 1985 where citizen volunteers are trained to provide support to emotionally traumatized citizens immediately after tragedy strikes (see attachment). CVAG's Public Safety Committee has also heard the TIP presentation. Public safety officials from two of the jurisdictions(Palm Springs and Cathedral City)felt that a similar program in place locally for more than 14 years using Chaplains, "Support 7"met the needs of the community and expressed concern regarding training and costs for implementing the TIP (12¢ per capita). Attached is a report that outlines the potential cost to each jurisdiction. The rate of 120 per capita is the rate used nationwide. TIP Founder and CEO Wayne Fortin states that the minimum needed to implement a TIP Chapter is approximately$30,000. This amount covers costs to hire and pay a crisis team manager to head the program; training of volunteers; manuals, etc. The Human and Community Resources Committee asked that the TIP presentation be placed on the Executive Committee agenda along with the following: HUMAN & COMMUNITY RESOURCES RECOMMENDATION: That the Executive Committee hear the presentation on the Trauma Intervention Program and authorize a team who will present the TIP to jurisdictions. Jurisdictions will be asked to take action to determine if they want to financially participate in the program. Human and Community Resources Committee: Concurs (11/20/02) "q 73-710 Fred Waring Drive, Suite 200 • Palm Desert, CA 92260 • (760) 346-1127 • FAX (760) 340-5949 COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS TRAUMA INTERVENTION PROGRAM COSTS PER JURISDICTION (AT 12 CENTS PER CAPITA) JURISDICTION POPULATION COSTS BLYTHE 12,155 $ 1,458.60 CATHEDRAL CITY 42,647 $ 5,117.64 COACHELLA 22,724 $ 2,726.88 DESERT HOT SPRINGS 16,582 $ 1,989.84 INDIAN WELLS 3,816 $ 457.92 INDI0 49,116 $ 5,893.92 LAQUINTA 23,694 $ 2,843.28 PALM DESERT 41,155 $ 4,938.60 PALM SPRINGS 42,807 $ 5,136.84 RANCHO NIIRAGE 13,249 $ 1,589.88 UNINCORPORATED - 4TH DISTRICT 59,374 $ 7,124.89 TOTAL 327,319 $ 39,278.28 NOTE: - POPULATION IS BASED ON THE 2000 CENSUS - MINDI[JM NEEDED: $30,000 `7 R50oh FILE(Excel)UAAcctg\Gary\Planning\HCR Trauma Intervention Trauma TIP Intervention Programs FACT SHEET "Citizens helping citizens in crisis" The Partnership Between the TIP Chapter and Participating Jurisdictions 1. The Trauma Intervention Program Will: Operate the local TIP Program Provide all services listed on the "Services Offered" form Provide annual reports about TIP usage Provide major critical incident response Train emergency responders to use the TIP Program Supply jurisdiction's key staff with TIP Resource Manuals Provide training services to the local CERT Programs Provide the TIP volunteer opportunity to local residents 11. The Local Jurisdiction Will: Help TIP staff recruit volunteers (City newsletter, email announcements, Neighborhood Watch, Volunteer Fairs . . .) Provide a TIP liaison ("Go To" person) Identify a prominent resident to sit on the TIP Advisory Committee Provide funding through a Services Contract with TIP Inc (12� per capita annually) Winner Naliunal Crime Vicinn Service Aunrd Inoowhons rn Slnla mvl L.ocnl Couer nrnenl Awmd Trauma Intervention Programs, inc. (TIP Inc) FACT SHEET I. Overview of TIP Inc TLP Inc is a non profit 501 (c)(3) organization founded in San Diego County, CA, in 1985. Today, there are 20 regional Chapters service over 100 cities nationwide. II. Brief History • 1985 . . . . . . TIP Inc founded in San Diego, CA • 1991 . . . . . . TIP Inc wins the prestigious Innovations in State and Local Government Award • 1991-2000. . TIP Inc establishes 20 regional Chapters nationwide serving over 100 cities • 2000 . . . . . . TLP Inc awarded the Crime Victim Service Award, the highest federal honor for victim service organizations III. Mission Statement: To provide immediate on scene support to victims of crime and survivors of tragedy. IV. The Problem Addressed: A. Emotionally traumatized citizens have a tremendous need for compassionate support. B Emergency responders do not have the time to care for those who are emotionally injured (co-victims), C. Helping agencies are not available on a 24/7 basis. V. The Consequences A. The Second Injury • ''We couldn 't understand a word the doctor told us. " • "I will never forget the sight of them carrying nzy baby out like a football. " • '7 had no idea what to tell the kids after their father killed hbriself" B. Effect on the Emergency Response System • "I hate leaving citizens in shock behind. " • ''I was tied up at the scene because I waited until the fanuly got there. " V 1. The Solution: Citizen volunteers respond to emergency scenes to care for the co-victims (OVER) -Mw? VII, The Community Impact A. Traumatized citizens receive immediate support B. Victims with special needs receive support (seniors, children, people with disabilities, ). C. Public Safety personnel have a resource which saves time and reduces stress D. Citizens become partners in public safety. VIII. Specific Services A. On scene emotional first aid B. Critical Incident Response C. TIP4kids D. TIPTeens E. Bilingual Response F. Extensive Resource Materials & Senior Crisis Team H. TravelersCare I. Training for emergency responders ("Helping Survivors After Tragedy Strikes") IX. The TIP Model A. "Always ready . . . Always there" B Broad Brush approach C. Integrated into emergency system D. Use of citizen volunteers E. Multi agency/regional F. Cost Effective X. Cost A. Public/private partnership B. Per capita from public sector C. Funding from private sector 1 • • Hospitals, ambulance companies, corporations, special events The TIP Model: Why It Works • "Always Ready . . . Always There° • 20 Minute Response Time • Broad Brush Approach • Response To Any Location • Use of Citizen Volunteers • Feedback to Emergency Personnel • Cost Effective 1999 ...Excellence Award N profile: Portland's TIP M By J,J. Peacock and Mary Marshall to making phone calls,to arranging for clean up services,to protecting distraught The Fire Service Award for Excellence, a familymembers from themedia. program co-sponsored byICHIEFS and This service is invaluable to the com- U.S.Safety and Engineering,recognizes munity and to fire fighters.Many of the the innovations and achievements in peoplewho havebeen served maynothave managing resources to reduce the loss of receivedanyhelpatallifnotfor these dedi- life and propertyfromfireandotheremer- catedvolunteers.Theyhelp responders by a encies.ThePortlandBureauofFire,Res- allowing them to concentrate on erform- �� _ g g P i� � cue and Emergency Services PBFRES ing emergency tasks without bein inter- t'w 2 was an Excellence Award finalist in 1999, rupted by distraught citizens; releasing The program that earned PBFRES tl- s responders from the scene to return to m recogreitionisa Trauma Intervention Pro- service;and reducing Ere fighter stress by gram(TIP)that integrates citizenvolunteers allowing them to return to the station into its emergencyresponse procedures.TIP knowing that the victims are being cared y .°— volunteers are called out atallhoursofthe for by competent volunteers. :�a�9faa'� e day and right by fire fighters(and police Mike Christianson,a52-year-oldengi- officers)to help the"forgotten i.e., neer,has been a TIP volunteer for eight g those emodonallydistraughtfamilymem- years."When I first started doing this,I bers,bystanders and friends who fire fight- thought I might be involved for a year.I ers don't have the resources to support dur- dor*see mend to this anytuneso on, " inga crisis,This program also won anaward Chris timso n h as gone on cabs to fires, from the Deparnentofjusdce, traffic accidents and other incidents."The tiaztyt v June Vining,the executive director of thing that impresses me the most is the the is a national instructor and confidence that the fire fighters have in program, trains volunteers across the country for us.They introduce us to the clients and trauma interven ton.She said that volun- assure them that we are thereto help.And Li=x teers receive 58 hours oftraining prior to we help give the fire fighters closure by h E working a scene,"We concentrate on what reporting back to them the outcomeofan . f E we call emotional first aid' said Vining. incident,"said Christianson. "Weteachthe volunteers what to say,and Over the past,'.12 years, Excellence ! , what not to say,to victims and families. Awards candidates have nominatedpro- They learn about victimology,dealing with grams in nearly every conceivable area: death,and personal safety,"They also do management,fireprevention,personnel ars: ride alongs and sit through ashiftwith the accountability systems, neighborhood a dispatchers, outreach,to name afew.The emphasis of E ~ These volunteers(more than 100)help winning programs isinnovadonandsuc- a bysupportingandassistingfamilymem- cess in managing fire service resources, J Z bers after a death,children left alone after This year's winners will be announced the injury or death of their parents,dis- at Fire-Rescue International in August, m oriented olderpersons,firevictims,survi- Watch On Scene for details aboutthe2000 '„ N's'„ E vorsofsucde and survivors ofmajorcr - award-w ngprogamslI' ., i cal incidents.TIP volunteers provide this service on a 24-hour/365-day-a-year ba- JJ.Peacock isanintemwith1ICHIEFSand N stsandrespondwithin20 minutes ofthe serves as a junior fire fighter inPah)fix me requested,Volunteers provide set- County. Mary Marshall is the editor of vices that range from emotional support On Scene. y;'; CVAG COACHELLA VALLEY ASSOCIATION of GOVERNMENTS Blythe • Cathedral City Coachella • Desert Hot Springs • Indian Wells • Indio • La Quints • Palm Desert • Palm Springs • Rancho Mirage County of Riverside Ague Caliente Band of Cahuilla Indians • Cahazon Band of Mission Indians • Torres Martinez Desert Cahuilla Indians MEMORANDUM TO: HUMAN AND COMMUNITY RESOURCES COMMITTEE TECHNICAL ADVISO�R/Y- COMMITTEE FROM: Aurora Kerr, Director U�" Human and Community Resources Department DATE: February 25, 2003 RE: REVISED TRAUMA INTERVENTION PROGRAM (TIP) AGREEMENT During the course of presentation to the various cities, staff from the city of Palm Springs presented several areas where the TIP agreement could be modified to further clarify TIP responsibilities. Following review by the TIP CEO and their legal counsel, the TIP agreement has been revised. Listed below is the section of the agreement with current wording as well as the newly revised wording (indicated in bolded italics). Also attached is a revised contract with the NEW wording. The new wording should not throw up any "red flags" to those jurisdictions that have already financially committed to the TIP but again clarifies areas of the TIP and its responsibilities. Please review the new contract. I should also add that the agreement is between TIP and the jurisdiction (not CVAG). There is an advisory committee that will be formed of stakeholders to help provide oversight to the valley-wide program. CVAG is working with the national TIP to have this advisory Committee be a subcommittee of its Human and Community Resources Committee. We will keep you informed on this. Feel free to contact me or TIP CEO,Wayne Fortin (714) 314-0744 should you have any questions. Thanks. 1. SERVICES AND DUTIES (a) TIP shall make available to the City sufficient information to enable the City to contact the appropriate TIP volunteer, including 24-hour on-call phone number, address, and names of volunteers, supervisors (when appropriate), as well as alternate or backup telephone numbers. REVISED TO: (a) TIP shall make available to the City the number of TIP's 24-hour Emergency Dispatcher. The TIP dispatcher will immediately dispatch the on call TIP volunteer. Volunteers will respond to the scent within 20 minutes after being called 80% of the time and within 45 minutes of being called 100% of the time. ^ R I I 73-710 Fred Waring Drive, Suite 200 • Palm Desert, CA 92260 • [760) 346-1127 • FAX [760) 340-5949 Memo to Technical Advisory Committee Page 2 of 3 Pages February 25, 2003 NEWLY ADDED SUBSECTION ADDED TO AGREEMENT This new subsection becomes l(e). Subsection I(e) in current agreement is now changed to l(f). The new subsection 1(e) reads as follows: (e) TIP shall provide all training to its volunteers and staff necessary to assure their competence and proper performance. (f) TIP shall comply with all applicable local, state or federal laws or regulations. 2. COMPENSATION FOR SERVICES The City agrees to pay TIP a maximum amount of$ ( population x 120) for the services to be performed hereunder. The City agrees to pay annually, in advance, unless some other method of payment is mutually agreed to in writing. REVISED TO: The City agrees to pay TIP a maximum amount of$ ( population x 12¢) for the services to be performed hereunder. The City agrees to pay quarterly,unless some other method of payment is mutually agreed to in writing. 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. 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 Rancho Santa Margarita. REVISED TO: 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 �? 19. Pa Memo to Technical Advisory Committee Page 3 of 3 Pages February 25, 2003 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 7. TERMINATION (b) Without Cause. Either party at any time may tenninate this Agreement without cause upon the giving of forty-five(45) 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 reimburse the City a pro rata amount of any compensation paid in advance. REVISED TO: (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 tern set forth in Section 8, TIP shall be compensated on a pro rata basis. attachment cc: Chief Bary Freet, Palm Springs Troy Butzlaff, Palm Springs Cathy Mitton, Rancho Mirage � A13 AGREEMENT BETWEEN CITY OF AND TRAUMA INTERVENTION PROGRAMS, INC. THIS AGREEMENT is made and entered into this day of , but effective as of the day of , by and between the City of a municipal corporation, hereinafter referred to as "City", and Trauma Intervention Programs, Inc., hereinafter 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 o (a) TIP shall make available to the City the number of TIP's 24-hour Emergency Dispatcher. The TIP dispatcher will immediately dispatch the on call TIP 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) TIP shall provide all personnel, volunteers, supplies, and equipment necessary for the efficient and effective operation of the services and programs provided for herein. 1 d) Upon the request of or referral by the City, or as otherwise agreed upon, TIP persomiel shall provide on-scene emotional and practical support to the victims of traumatic events and their family members (hereinafter "clients"). 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; 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. (0 TIP shall comply with all applicable local, state or federal laws or regulations. 2. COMPENSATION FOR SERVICES The City agrees to pay TIP a maximum amount of$ ( population x 12¢) for the services to be performed hereunder. The City agrees to pay quarterly, unless some other method of payment is mutually agreed to in writing. 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 T1P's services and fimctions 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 4. INDEMNIFICATION TIP promises and agrees to defend, protect, indemnify and save harmless the City, its officers, agents and employees, from and against any and all claims, demands and liability for damages for personal injury or property damage suffered by reason of any act or omission of TIP or TIP's employees, volunteers, agents or contractors, or by reason of any dangerous or defective condition caused or pennitted by TIP or TIP's employees, volunteers, agents or contractors. The City promises and agrees to defend, indemnify and save harmless TIP, its officers, employees, and volunteers from all claims, demands and liability for damages for personal injury or property damage suffered by reason of any act or omission of the City or the City's officers or employees, or by reason of any dangerous or defective condition caused or permitted by the City or the City's officers or employees, except where such action, omission or condition is caused by or is the result of an action, omission or request of TIP or TIP's officers, employees or volunteers, or is alleged to arise out of the execution of this Agreement. 2 � � I 5. PROPRIETARY RIGHTS (a) The Contractor 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 licensed to adopt and use said names and marks and products therefrom are known and identified(collectively, "Proprietary Marks and Indicia"). (b) The Contractor is the sole and exclusive owner of all materials used to operate the TIP Program in the City of . 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 tot he Contractor. 6. INSURANCE (a) TIP shall secure and maintain throughout the contract period, and any extensions thereof, professional liability insurance,public liability insurance,property damage and vehicle liability insurance effective as of the effective date of this Agreement, and shall be protected from claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this Agreement. Said insurance shall be maintained in full force and effect during the tern of this Agreement or renewals or extensions thereof. Such a policy shall be for not less than $1,000,000 for injuries, including accidental death, to any one person and, subject to the same limit for each person, in an amount not less than$1,000,000 on account for any one occurrence, and$1,000,000 for property damage, and shall be place with a company authorized to conduct business in the State of California hall be named 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. The amass 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 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 terns and conditions of this contract. TIP shall comply with said increase or other change within thirty(30) days after notice from the City. 3 7fi /4 (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. 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 continue through the of , 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: City: City Manager City of TIP: Tramna Intervention Programs, Inc. 1420 Phillips Street Vista, CA 92083 7017 4 16. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized officers on the day and year first above written. CITY OF By: Mayor TRAUMA INTERVENTION PROGRAMS, INC. By: President 7nia 5 MINUTE ORDER NO. AUTHORIZING THE NEGOTIATION OF AN AGREEMENT WITH TRAUMA INTERVENTION PROGRAM, INC., WHICH OUTLINES THE PERFORMANCE EXPECTATIONS, FEES AND LIABILITY ISSUES, EFFECTIVE JULY 1, 2003. ------------------ I HEREBY CERTIFY that this Minute Order, authorizing the negotiation of an agreement with Trauma Intervention Program, Inc., which outlines the performance expectations, fees and liability issues, effective July 1, 2003, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 1 g`h day of March, 2003. PATRICIA A. SANDERS City Clerk - 38 -