DocuSign Envelope ID: 3D1FD321-07DD-49EA-8FED-D1CE4BEA407B
AGREEMENT BETWEEN CITY OF MURRIETA AND
TRAUMA INTERVENTION PROGRAMS, INC.
THIS AGREEMENT is made this 1st day of July 2024, by and between the City of Murrieta, a Municipal corporation, hereinafter referred to as "City", and Trauma Intervention Programs, Inc., hereinafter referred to as "TIP".
WITNESSETH:
WHEREAS, the City's Fire Department is in need of working with TIP to provide a range of emergent emotional and practical support services to the 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, 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. SERVICE 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.
(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 efficient and effective operation of the services and programs provided for herein. include but, will not be limited to: providing on-scene emotional support to clients, making necessary telephone calls, coordinating arrangements for clean-up services, notifying family, 1 DocuSign Envelope ID: 3D1FD321-07DD-49EA-8FED-D1CE4BEA407B friends and others, provide information and referral services, and perform one follow-up contact to verify the client's welfare.
(e) TIP shall comply with all applicable local, state or federal laws or regulations.
2. COMPENSATION FOR SERVICES
The City agrees to pay TIP Nine Thousand, Eight Hundred Dollars ($9,800) per year for the services to be performed hereunder. The City agrees to pay, in advance at the beginning of each fiscal year, 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 Agreement, except 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 Murrieta.
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 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 damaged 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.
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 DocuSign Envelope ID: 3D1FD321-07DD-49EA-8FED-D1CE4BEA407B 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 Murrieta. 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 the Contractor.
6. INSURANCE
(a) TIP shall secure and maintain throughout the agreement 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 protectec 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 any one person and, subject to 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 placed with a company authorized to conduct business in the State of California. The City shall be named as an Additional Insured in 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 existence 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 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 Agreement. TIP shall comply with said increase or other change within thirty (30) days after notice from the City. (b) Worker's Compensation. TIP shall secure and maintain throughout the term of this Agreement, Worker's 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.
3 DocuSign Envelope ID: 3D1FD321-07DD-49EA-8FED-D1CE4BEA407B
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 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.
8. TERM
The term of this Agreement shall be for a three-year term commencing July 1, 2024, through June 30, 2025, with two one-year extensions, 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: Fire Chief
City of Murrieta Fire & Rescue Department
41825 Juniper Street
Murrieta, CA 92562
TIP: Trauma Intervention Program
P.O. Box 585
Murrieta, CA 92564
Attn: Magda Stewart
10. ASSIGNMENT / AMENDMENT / ENTIRE AGREEMENT / NO CONTINUING WAIVER and assignees. Except as otherwise provided herein, TIP shall not assign, subcontract, or 4 DocuSign Envelope ID: 3D1FD321-07DD-49EA-8FED-D1CE4BEA407B ransfer its interest in this Agreement or any part thereof without the prior written consent of th ity. Any such assignment shall, at the option of the City, immediately void this Agreemen 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 MURRIETA, a California Municipal
Corporation
By:
Kim Summers, City Manager
Date:
TRAUMA INTERVENTION PROGRAMS, INC.
By: Magda Stewart
Magda Stewart, CEO
Date: July 5, 2024
ATTEST:
Cristal McDonald, City Clerk
Date:
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Tiffany Israel, City Attorney
Date:
5 ACORD®
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
06/13/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S).
AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
PRODUCER CONTACT
NAME: Michele Munoz
Munoz Insurance Agency
506 W Graham Ave Ste 104 PAND EXT: 951-471-2029 (AC, NO):
Lake Elsinore CA 92530 ADDRESS: [email protected] INSURERS) AFFORDING COVERAGE NAIC #
INSURED INSURERA: Non Profits Insurance Alliance of California INSURER: State Compensation Fund 35076
I rauma Intervention Programs, Inc INSURER C:
Southwest Riverside County INSURER D:
PO BOX 585 INSURER E:
Murrieta CA 92562
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS
LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY)
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR AMAGE TO RENTE $
REMISES (Ea Occurrence 500,000
MED EXP (Any one person) $ 20,000
A Y 2024-48090 06/15/2024 06/15/2025 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 X POLICY [ PROJECT LOC PRODUCTS - COMP/OP AGG 5 3,000,000 OTHER:
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED AUTOS BODILY INIURY (Per accident) S
ONLY 2024-48090 06/15/2024 06/15/2025
HIRED AUTOS ANON-OWNED PROPERTY DAMAGE $
ONLY AUTOS ONLY (Per accident)
HIRED/NON AUTO $ 1,000,000
UMBRELLA LIAR OCCUR FACH OCCURRENCE 2,000,000
A EXCESS LIAB CLAIMS-MADE 2024-48090-UMB 06/15/2024 06/15/2025 AGGREGATE 2,000,000 DED RETENTION$ $
WORKERS COMPENSATION OTHER $
AND EMPLOYERS LIABILITY
ANY PROPRIETOR/PARTNER/ Y/N N/A ELL. EACH ACCIDENT $ 1,000,000 EXECUTIVE OFFICER/MEMBER 9160204-24 06/03/2024 06/03/2025 EL. DISEASE - EA EMPLOYEE $ 1,000,000 EXCLUDED? (Mandatory in NH)
DYERAIONS Beder DESCRIPTIONOF E.L. DISEASE - POLICY LIMIT $ 1,000,000
DIRECTORS & OFFICERS
A Y 2024-48090-NO-NPO 06/15/2024 06/15/2025 1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) he City of Murrieta and its respective officers and employees are named as additional insured for work performed by the named insured. Such policies a mary and thirty (30) day notice of cancellation applies. Ten (10)for non payment of premiur
CERTIFICATE HOLDER CANCELLATION
CITY OF MURRIETA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI
DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISION
ONE TOWN SQUARE AUTHORIZED REPRESENTATIVE
MURRIETA CA 92562 Michele Muñoz
ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All Rights Reserved 31-1769 11-15 The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 2024-48090 COMMERCIAL GENERAL LIABILITY
Named Insured: Trauma Intervention Programs, Inc. Southwest River CG 20 11 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - MANAGERS OR
LESSORS OF PREMISES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designation Of Premises (Part Leased To You):
Name Of Person(s) Or Organization(s) (Additional Insured):
Any person or organization acting as a manager or lessor of a covered premises that you are required to name as an additional insured on this policy, under a written contract, lease or agreement currently in effect, or becoming effective during the term of this policy.
Additional Premium: Included
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to 2. If coverage provided to the additional insured include as an additional insured the person(s) or Is required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured with respect to liability arising out of the will not be broader than that which you are ownership, maintenance or use of that part of the required by the contract or agreement to premises leased to you and shown in the provide for such additional insured.
Schedule and subject to the following additional
exclusions:
B. With respect to the insurance afforded to these
This insurance does not apply to: additional insureds, the following is added to
1. Any "occurrence" which takes place after you Section III - Limits Of Insurance:
cease to be a tenant in that premises.
2. Structural alterations, new construction or If coverage provided to the additional insured is demolition operations performed by or on required by a contract or agreement, the most we behalf of the person(s) or organization(s) will pay on behalf of the additional insured is the shown in the Schedule.
1. Required by the contract or agreement; or
However: 2. Available under the applicable Limits of
1. The insurance afforded to such additional Insurance shown in the Declarations; insured only applies to the extent permitted whichever is less. by law; and
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
CG 20 11 12 19
© Insurance Services Office, Inc., 2012 Page 1 of 1
POLICY NUMBER: 2024-48090 COMMERCIAL GENERAL LIABILITY
Named Insured: Trauma Intervention Programs, Inc. Southwest River CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations Any person or organization that you are required to All insured premises and operations. add as an additional insured on this policy, under a
written contract or agreement currently in effect, or
becoming effective during the term of this policy.
The additional insured status will not be afforded
with respect to liability arising out of or related to
your activities as a real estate manager for that
person or organization.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III - Limits Of Insurance:
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by If coverage provided to the additional insured is "your work" at the location designated and required by a contract or agreement, the most we described in the Schedule of this endorsement will pay on behalf of the additional insured is the performed for that additional insured and amount of insurance:
included in the "products-completed operations
hazard". 1. Required by the contract or agreement; or
2. Available under the applicable Limits of
However: Insurance shown in the Declarations:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and This endorsement shall not increase the
2. If coverage provided to the additional insured is applicable Limits of Insurance shown in the Declarations.
required by a contract or agreement, the
insurance afforded to such additional insured will
not be broader than that which you are required
by the contract or agreement to provide for such
additional insured.
CG 20 37 12 19 © Insurance Services Office, Inc., 2012
NONPROFITS
INSURANCE
ALLIANCE OF CALIFORNIA
A Head for Insurance. A Heart for Nonprofits.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY -
FOR DESIGNATED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
SOCIAL SERVICE PROFESSIONAL LIABILITY COVERAGE FORM
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
any person or organization that you are required to add as an additional insured on this policy, a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization.
Section II — Who Is An Insured is amended to include as an additional insured the person (s) o organization(s) shown in the Schedule, but only with respect to liability for "damages" caused, in whole or ir part, by your acts or omissions or the acts or omissions of those acting on your behalf in the performance o your ongoing operations The insurance extended by this endorsement is primary coverage when you have so agreed in a written contract or agreement and will be considered non-contributory with the additional insured(s) own insurance.
NIAC E02 01 17
NONPROFITS
INSURANCE
ALLIANCE OF CALIFORNIA
A Head for Insurance. A Heart for Nonprofits. POLICY NUMBER: 2024-48090 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
PRIMARY AND NON-CONTRIBUTORY
ENDORSEMENT FOR PUBLIC ENTITIES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
A. Section II - WHO IS AN INSURED is amended to include:
4. Any public entity as an additional insured, and the officers, officials, employees, agents and/or volunteers of that public entity, as applicable, who may be named in the Schedule above, when you have agreed in a written contract or written agreement presently in effect or becoming effective during the term of this policy, that such public entity and/or its officers, officials, employees, agents and/or volunteers be added as an additional insured(s) on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by:
a. Your negligent acts or omissions; or
b. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations.
No such public entity or individual is an additional insured for liability arising out of the sole negligence by that public entity or its designated individuals. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization.
B. Section III - LIMITS OF INSURANCE is amended to include:
8. The limits of insurance applicable to the public entity and applicable individuals identified as an additional insured(s) pursuant to Provision A.4. above, are those specified in the written contract between you and that public entity, or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy.
C. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following:
4. Other Insurance
a. Primary Insurance
This insurance is primary if you have agreed in a written contract or written agreement:
(1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or
NIAC-E61 02 19
NONPROFITS
INSURANCE
ALLIANCE OF CALIFORNIA
A Head for Insurance. A Heart for Nonprofits. POLICY NUMBER: 2024-48090 (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' own insurance.
Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess Insurance
This insurance is excess over:
1. Any of the other insurance, whether primary, excess, contingent or on any other basis:
(a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work";
(b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner;
(C) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (a) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION I - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE.
(e) Any other insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
(b) The total of all deductible and self-insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Methods of Sharing
If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.
If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.
NIAC-E61 02 19