The URL can be used to link to this page

Home My WebLink AboutA9133 - QUEER WORKS/DAP55575.18110\40660935.1 1 FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM SPRINGS AND QUEER WORKS This First Amendment to the Memorandum of Understanding (“First Amendment”) is entered into by and between the City of Palm Springs (“City”), and Queer Works, a California public benefit non-profit corporation (“Queer Works”), and together known as the “Parties”. This First Amendment shall be effective on the date (“Effective Date”) that it is last signed below. RECITALS WHEREAS, the City is a charter city and California municipal corporation; and WHEREAS, the City Council at its March 24, 2022 regular meeting considered a request by Desert AIDS Project (DAP) Health and Queer Works to provide $200,000 in financial support for the purpose of conducting due diligence (the “Project”) in pursuing a State grant for a possible guaranteed income pilot program; and WHEREAS, on May 24, 2022, the Parties entered into a Memorandum of Understanding (“MOU”) in which the City agreed to provide, on a reimbursement basis, up to Two Hundred Thousand Dollars ($200,000.00) for operational costs that are necessary for the Project; and WHEREAS, the City Council at its July 28, 2022 regular meeting considered and approved a request to provide Five Hundred Thousand Dollars ($500,000.00) as matching funds for a state grant; and WHEREAS, the Parties now desire to amend the MOU to the matching funds allocation. AGREEMENT Now, therefore, in consideration of the above Recitals and the mutual covenants and obligations contained in this First Amendment, the Parties agree as follows: 1.Amendment of MOU Section II(b). Section II(b) of the MOU is hereby amended to read in its entirety as follows: “b. Finances i. Provide, on a reimbursement basis, up to Two Hundred Thousand Dollars ($200,000) for operational costs that are necessary for the Project. City shall make such reimbursement payment within forty five (45) days following the submittal of complete reimbursement requests, as discussed below. A9133 DocuSign Envelope ID: B98337DF-1B71-46E5-B643-F7BA13C7E3E9 55575.18110\40660935.1 2 ii. Provide Five Hundred Thousand Dollars ($500,000) as matching funds for a state grant allocation. City shall make such payment within thirty (30) days following the execution of the First Amendment.” 2. Other Provisions of MOU. Except as amended in this First Amendment, all other provisions of the MOU shall remain in full force and effect. IN WITNESS, WHEREOF, the Parties enter into this First Amendment as of the Effective Date. [SIGNATURES ON THE FOLLOWING PAGE] DocuSign Envelope ID: B98337DF-1B71-46E5-B643-F7BA13C7E3E9 55575.18110\40660935.1 3 SIGNATURE PAGE TO THE FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM SPRINGS AND QUEER WORKS QUEER WORKS CITY OF PALM SPRINGS By: ___________________________ Name: ________________________ Date: ___________________ By: ___________________________ Teresa Gallavan, Interim City Manager Date: ___________________ By: ___________________________ Name: ________________________ Date: ___________________ ATTEST: By: ___________________________ Brenda Pree, City Clerk APPROVED AS TO FORM: By: ___________________________ Jeffrey S. Ballinger City Attorney 10/05/2022 Jacob Rostovsky Alan Guno 10/05/2022 DocuSign Envelope ID: B98337DF-1B71-46E5-B643-F7BA13C7E3E9 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM SPRINGS, DESERT AIDS PROJECT, AND QUEER WORKS This Memorandum of Understanding ("MOU"), by and between the City of Palm Springs ("City"), Desert AIDS Project, a California non-profit corporation ("DAP"), and Queer Works, a California public benefit non-profit corporation ("Queer Works"), and together known as the "Parties". This MOU shall be effective on the date ("Effective Date") that it is last signed below. RECITALS WHEREAS, the City is a charter city and California municipal corporation; and WHEREAS, the City Council at its March 24, 2022 regular meeting considered a request by DAP and Queer Works to provide $200,000 in financial support for the purpose of conducting due diligence (the "Project") in pursuing a State grant for a possible guaranteed income pilot program; and WHEREAS, the State grant involves providing $35 million in funding for guaranteed income pilot programs over the next five years, pursuant to authority of California Welfare & Institutions Code sections 18997 through 18997.2; and WHEREAS, the State agency responsible for administering the grant, the California Department of Social Services (CDSS), has stated that the CDSS believes that guaranteed income can be a tool to advance equity for communities that have been disproportionately impacted by poverty and wealth disparities; and WHEREAS, the CDSS has further stated that it will work in partnership with participants in terms of race, ethnicity, gender, lesbian, gay, bisexual, transgender, queer, intersex, asexual (LGBTQIA) identity, age, disability, housing status, language, immigration status, justice involvement, rural or urban location, and other factors; and WHEREAS, the Parties believe that transgender and nonbinary individuals are particularly vulnerable to unemployment, homelessness, assault, and discrimination, and as a result have been disproportionately impacted by poverty and wealth disparities; and WHEREAS, the request would target transgender and/or nonbinary individuals as the participants in the pilot program, and would take into account income disparities as well; and WHEREAS, this MOU establishes a framework for a sustainable partnership between the Parties in order for mutual support to continue and prosper. 5 5575.1818 5\40094662.1 AGREEMENT Now, therefore, in consideration of the above Recitals and the mutual covenants and obligations contained in this MOU, the Parties agree as follows: I. OBLIGATIONS OF BOTH PARTIES Both Parties agree to: • Foster a strong and cooperative relationship through regular coordination of Queer Works', DAP's, and the City's plans, budgets, resources, events, and programs and make timely decisions on said matters. • Meet regularly in order to coordinate Project needs and deliverables. • Publicize the community benefits associated with the Project. • Conduct all financial affairs with transparency. • Document and coordinate mutually agreed -upon items and share helpful or pertinent information. • Comply with all federal, state, and local laws and regulations. II. OBLIGATIONS OF THE CITY City agrees to: a. Governance/Administration i. Grant the Queer Works and DAP permission to use the name, likeness and logo of the City for uses that support the Project. ii. Draft any required City Council resolution. b. Finances i. Provide, on a reimbursement basis, up to Two Hundred Thousand Dollars ($200,000) for operational costs that are necessary for the Project. City shall make such reimbursement payment within forty five (45) days following the submittal of complete reimbursement requests, as discussed below. III. OBLIGATIONS OF QUEER WORKS AND DAP Queer Works and DAP agree to: a. Performance of Project Perform those activities identified in Exhibit "A", attached hereto and incorporated by reference herein for purposes of pursuing the Project. 2 5 5575.1818 5\40094662.1 ii. Exercise good faith efforts to remain within the estimated budget attached hereto as Exhibit "B", which is incorporated by reference herein. iii. Keep the City apprised of changes made to the program, state grant opportunities, fundraising and other information pertinent to execution of the scope of work. iv. Provide to the City Manager a periodic progress report (monthly, unless indicated otherwise by the City Manager, in writing) that would outline activities and progress. Without limiting the generality of the foregoing, such periodic reports shall include basic quantifiable and qualitative information, such as number of individuals participating in focus groups, grants or donations sought and/or received, information gleaned from due diligence etc. b. Finances i. Comply with all IRS, FTB and (as applicable) California Attorney General non-profit requirements to remain in good standing. ii. Submit reasonably detailed, written, reimbursement requests, including back-up information (such as invoices, cancelled checks, payroll information) to the City, for purposes of the City's reimbursement of such operational expenses. Such requests shall be provided to the on the 5ch day of each month following the Effective Date. IV. RECORDS AND AUDITS. Queer Works and DAP shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this MOU and such other records as may be deemed necessary by the City or any authorized representative. All records shall be made available at the request of the City, with reasonable notice, during regular business hours, and shall be retained by Queer Works and DAP for a period of three years after the expiration of this Agreement. V. AMENDMENT, RENEWAL AND TERMINATION a. The term of this MOU shall commence on the Effective Date and, unless sooner terminated by written agreement of the Parties, shall end on the expiration of one (1) year following the Effective Date ("the Expiration Date"). Either party may renew this MOU for an additional period of one (1) year to commence upon the Expiration Date. To exercise this option to renew, a party must deliver to the other party a written notice of its exercise of the option to renew at least sixty (60) days prior to the Expiration Date. b. Any modifications, assignments, alterations, or extensions must be in writing, signed, and approved by both Parties. 55575.18185\40094662.1 C. This MOU may be terminated, with or without cause, by either Party upon thirty (30) days' written notice; provided, however, that the City shall reimburse to Queer Works and DAP any allowable operation expenses that were reasonably incurred prior to the date of the termination. VI. INDEMNITY a. Each Party agrees to indemnify, defend, and hold harmless the other Party, its officials, directors, officers, agents and employees from any and all liabilities, claims, or losses of any nature, including reasonable attorneys' fees and costs of suit, to the extent caused by, arising out of, or in connection with, the indemnifying Party's negligent or wrongful acts or omissions arising from its respective activities pursuant to this MOU. VII. DISPUTE RESOLUTION a. The Parties agree to work together in good faith to resolve disagreements that may arise under this MOU. Should such a disagreement arise, the Parties having authority to resolve the dispute will meet and negotiate in good faith toward a mutually satisfactory solution. If any disagreement cannot be resolved through such negotiations, the Parties will consider other alternative dispute resolution processes upon which they may later agree. However, if at any time a Party determines that circumstances so warrant, such Party may seek any available remedy without waiting to complete the informal meet and confer process. VIII. GENERAL PROVISIONS a. Assignment. Neither Party may assign or transfer all or any portion of its rights or obligations under this MOU to any third party, without obtaining the prior written consent of the other Party, which consent shall not be unreasonably withheld. Any purported assignment, without the other Party's prior written consent, shall be void. b. Binding Effect. This MOU shall be binding on all heirs, successors and assigns of the Parties. C. Entire Agreement. This MOU contains the entire agreement and understanding of the Parties on this subject. The Parties understand, acknowledge and agree that no Party, or any agent or attorney for any Party, has made any promise, representation or warranty of any kind whatsoever, express or implied, not contained herein to induce the execution of this MOU. The Parties understand, acknowledge and agree that this MOU has not been executed in reliance upon any promise, representation, or warranty not contained herein. d. Applicable Law. This MOU and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Any legal or administrative action arising out of this MOU shall be conducted in Riverside County, California. 5 5575.1818 5\40094662.1 e. Warranty of Authority. The persons executing this MOU on behalf of the Parties represent and warrant that they are duly authorized to execute this MOU and to bind their respective Party to all terms and conditions of this MOU. d. Severability. If any section, subsection, sentence, clause or phrase of this MOU, or the application thereof to any of the Parties, is for any reason held invalid or unenforceable, the validity of the remainder of the MOU shall not be affected thereby and may be enforced by the Parties to this MOU. e. Notices. All notices, demands and communications between the Parties shall be in writing and shall be given by personal delivery, registered mail (return receipt requested, with postage prepaid), Federal Express, electronic mail, or any other reliable private express delivery service to the following addresses: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: Justin Clifton Justin.Cliftongpalmsprin sca.gov Queer Works 2510 N. Whitewater Club Dr., Unit B Palm Springs, California 92262 Attn: Jacob Rostovsky jrostovsky( gueerworks.org Desert AIDS Project 1695 N. Sunrise Way Palm Springs, CA 92262 Attn: Carl Baker, Director of Legal & Legislative Affairs CBakergdal2health.org The foregoing names, addresses may be changed at any time by written notice, as provided above. f. Interpretation. This MOU has been prepared jointly by the Parties, with full access to legal counsel of their own. No ambiguity shall be resolved against any Party on the premise that it or its attorneys were solely responsible for drafting this MOU or any provision thereof. g. Counterparts. This MOU may be executed electronically, and in one or more counterparts, each of which shall constitute an original. IN WITNESS, WHEREOF, the Parties enter into this Understanding as of the Effective Date. [SIGNATURES ON THE FOLLOWING PAGE] 5 55 75.18185\400946611 SIGNATURE PAGE TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM SPRINGS, DESERT AIDS PROJECT, AND QUEER WORKS rf p, R913 QUEE#AkRKS CITY OF PALM SPRINGS By: — ----- ---- By: -- — -- Name: _—Jacob RostovskyLCEOJustin Tifton, City pager Date: 05/23/2022 By: -------- Name: AI G no, CFO Date: 5/23/2022 DESERT AIDS PROJECT B y : i-crA_ in Dav d Brinkman, Chief Executive Officer Date: By: �' CC4 Name: J Date: 6 5 5575+ 18185\40094662.1 Date: S q ATTEST: By: �/_V�l , __ y — -- — Moniq Lomeli, Interim City Clerk APPROVED AS TO FORM: By: _ �? W i3-j,,� Jeffrey S. Ballinger City Attorney SIGNATURE PAGE TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM SPRINGS, DESERT AIDS PROJECT, AND QUEER WORKS QUEER WORKS By: !Sj a,v,ed in ['[}i',x n Name: i Date: By: , ' A-A-cA__i�cLC-ri A L, - Name: c) Date: DESERT AIDS PROJECT ByjBrinkman, Chief Executive r Date: By: -- Name ' —2G Date:c CITY OF PALM SPRINGS By: S, r %n CuLn4,r-,-„-ktxr t- Justinitlifton, City Manager Date: ATTEST: B y : S i A1n-c ck ► _�.� r,-}e roc. r i- MonAue Lomeli, Interim City Clerk APPROVED AS TO FORM: 13 4V /-3 By: _ -~ Jeffrey S. Ballinger City Attorney DF 6 55575. 181 85\40094662.1 EXHIBIT A GUARANTEED INCOME APPLICATION/DESIGN PHASE Guaranteed Income Phasing Summary Application/Design Phase (April — October 2022) Draft and submit proposal to MGI • Decide on sample size and monthly allocation • Decide on program duration • Strategy for protecting benefits (i.e., securing waivers, establishing benefits counseling process, establishing hold harmless fund) • Staffing needs and training • Initial design of application process Fundraising City Funds — decide on match • Raise additional funds — seek private donors, foundations, grants • Apply to funding sources Community engagement, Phase 1 • Seek out promotion sources • Meet with community leaders and community programs • Brief community survey on funding needs and utilization of funding • Review current Queer Works data for proposal • Creation of promotional materials • Creation of application process (website, flyers, etc.) Get proposal feedback from MGI Finalize program and submit Design Needs • Program name • Number of participants • Income amount • Eligibility criteria • County partners • Storytelling components (if there are any) • Staff requirements • Staff salaries City Tasks • Draft city resolution Staff • Create job descriptions 5 5575.1818 5\40094662. 1 EXHIBIT B BUDGET QUEER WORKS - Budget, MGI Proposal Project Development Consultant salary during project proposal phase. Unused funds Will 'be Project Development Consultant = Rolls Into Project Director $137,000 rolled Into Project Director roll. Contract Fee for application development (to state) and consultant. Rolls Into application (for Application Consultant $30,000 sObmissions to program) design phase, Benefits Consultant salary during project design phase. Unused funds will be rolled into Benefits Benefits Consultant $15,000 Counselor during project launch phase. Stipends forcommunity participants for development phase focus groups. $100 per Community Forum - Stipends $3,000 participant @ 30 participants. (2 groups of 15). Operational costs for focus groups, community events (Zoom hosting, flyers, travel/transportation to community events). Funds not used will be Comrtiuhit Forum - Operational Costs $5 000 rolled Into application recruitment phase. Business expenses for 6 months of development (Internet, research tools, website hosting, travel expenses, office supplies, meal stipends). Funds Business Expenses $10,000 not use will be rolled into launch phase. i otal 5 5575.18185\40094662.1 $200,000