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HomeMy WebLinkAboutA8979.26 - HABITAT FOR HUMANITY OF THE COACHELLA VALLEYO� pAUt11 SA City of Palm Springs „ 3200 E. Tahytiit_ C;any-on W,% • Palsil Sprinv%, C:ahfotnm 92262 • o e� • paInmprinksca.gov cq�lFORN�P December 13, 2021 SENT VIA E-MAIL Habitat for Humanity of the Coachella Valley Attn: David Thornton 72680 Dinah Shore Dr. #6 Palm Desert, CA 92211 Re: Letter Agreement No. 8979, 2021-22 Grant from City of Palm Springs to Habitat for Humanity of the Coachella Valley Congratulations on receiving an award of a grant from the City of Palm Springs ("City"). This letter agreement ("Agreement") memorializes the nature of the grant awarded to your organization, Habitat for Humanity of the Coachella Valley ("Grantee") for the (fiscal) year 2021-22 (the "Grant"), and the terms and conditions upon which the City provides it. The City's grant of assistance to Grantee (the "Assistance") may be summarized as follows: $10,000 cash grant in support of the Palm Springs Neighborhood Revitalization/ A Brush With Kindness The City makes this grant upon the following terms and conditions ("Terms"). Your signature below and return of this Agreement to the City shall serve as evidence of Grantee's acceptance of, and promise to follow all of the Terms. Despite its informality, City and Grantee intend that this Agreement shall serve as a fully binding and enforceable contract between them in relation to the Assistance. The City will tender all Assistance as quickly as practicable, and in coordination with Grantee's reasonable requirements as expressed to City, upon Grantee's return of this Agreement, fully executed, to the City. 1. Grantee is known in the community for performing a function and/or providing services ("Services") that may reasonably be described as follows: Palm Springs Neighborhood Revitalization/A Brush With Kindness. Grantee warrants and covenants to City that it will continue to provide Services throughout the 2021-22 fiscal year, and that it shall dedicate the entirety to the Assistance hereunder to funding and/or supporting Services. 2. In the event that Grantee anticipates or experiences any interruption of its provision of Services, Grantee shall provide written notice to City of that fact, and execute any amendment to this Agreement that City deems necessary and appropriate. 3. The following principal of Grantee is identified as being Grantee's representative, authorized to act on Grantee's behalf with respect to the Services and all interaction with City thereto: David Thornton. At, Post Office Box 2743 • Palm Springs. California 9220 3-274; December 13, 2021 Habitat for Humanity of the Coachella Valley - Palm Springs Neighborhood Revitalization/A Brush With Kindness 12. To the fullest extent permitted by law, Grantee shall defend (at Grantee's sole cost and expense), indemnify, protect, and hold harmless City and City's Related Parties from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims'), including but not limited to Claims arising from or related to (i) Injuries to or death of persons, including without limitation Grantee's Related Parties and Grantee's Beneficiaries, (Y) damage to property, including property owned by any of Grantee's Related Parties, Grantee's Beneficiaries, or City, (ill) any violation of any federal, state, or local law or regulation, and (lv) actual or alleged errors and omissions of Grantee or any of Grantee's Related Parties, to the full extent not directly caused by the negligence or willful misconduct of the City or any of City's Related Parties. Under no circumstances shall the scope or nature of Grantee's insurance required by this Agreement be construed to limit Grantee's duty to indemnify, defend or hold City harmless hereunder. 13. In connection with Services under this Agreement, Grantee shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Grantee shall ensure that Grantee's Related Parties are employed, and that contractors and volunteers are engaged (to the extent applicable), and that Grantee's Related Parties are treated during their employment or engagement by Grantee, without regard to any prohibited basis. As a condition precedent to City's entry into this Agreement, Grantee has warranted and covenanted that Grantee's actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Grantee activity, including but not limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; provision of benefits, rates of pay or other forms of compensation; and selection for training, including apprenticeship. Grantee shall fully comply with the provisions of Palm Springs Municipal Code Section 7.09.040 relating to non-discrimination in city contracting. 14. This Agreement contains all of the agreements between City and Grantee, and cannot be amended or modified except by written agreement. If any portion of this Agreement is declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement, which shall be interpreted to cant' out the intent of the parties hereunder. Each of the persons executing this Agreement on behalf of a party hereto warrants that he/she is duly authorized to execute this Agreement on behalf of said party, and that by so executing this Agreement the party hereto for which this Agreement is executed is formally bound to the provisions of this Agreement. The parties may execute this Agreement in any number of counterparts, received by the City as an original or as a digital image; together, all counterparts form a single document. December 13, 2021 Habitat for Humanity of the Coachella Valley - Palm Springs Neighborhood RevitalizationlA Brush With Kindness EXHIBIT A CITY OF PALM SPRINGS PROGRAM GRANTS AND SPONSORSHIPS FINAL REPORT I. Summary Information Grant Information Project Name Organization Name Grant Amount In U.S. dollars Are there any unexpended funds remaining? Project Director Information Prefix Last name First name Suffix Title Mailing Address Report Prepared by Phone Email Project Duration In months Yes / No Amount Email Address Phone Fax Web Site Date Submitted dd mm yyyy