Trauma Intervention/TIP Prog 04
'C'.
.
f
AGREEMENT BETWEEN THE CITY OF LA QUINT A
AND
TRAUMA INTERVENTION PROGRAMS, INC.
THIS AGREEMENT is made and entered into this day of , but effective as of the
1 st day of July 2004, by and between the City of La Quinta, 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
(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 personnel
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.
(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 $3,156.00 (26,300 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
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 La Quinta.
4.
IND EMNIFI CA TI 0 N
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 permitted 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
5.
(a)
(b)
6.
(a)
PROPRIETARY RIGHTS
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").
The Contractor is the sole and exclusive owner of all materials used to operate the TIP
Program in the City of La Quinta. 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.
INSURANCE
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 term 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 anyone person and, subject to the
same limit for each person, in an amount not less than $1,000,000 on account for anyone
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 terms and conditions of this contract. TIP
shall comply with said increase or other change within thirty (30) days after notice from
the City.
3
(b)
7.
(a)
(b)
(C)
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.
TERMINATION
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.
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.
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 30th of June 2005 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 La Quinta
POBox 1504
La Quinta, CA 92253
TIP:
Trauma Intervention Programs, Inc.
1420 Phillips Street
Vista, CA 92083
4
..
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.
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 LA QUINT A
TRAUMA INTERVENTION PROGRAMS, INC.
By:
; -("() ý
President
5