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HomeMy WebLinkAboutA9125 - PLANNED PARENTHOOD OF THE PACIFIC SOUTHWESTCONTRACT ABSTRACT Contract prepared by: Janet Burns, Senior Secretary Submitted on: 06/10/22 By: Janet Burns Note: Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Munis Contract Number: Planned Parenthood of the Pacific Southwest (PPPSW) Vernita Gutierrez, Vice President of External Affairs PPPSW will provide information and sexuality education for students enrolled at JOJDHUC $0, see Party Obligations N/A One (1) year from Effective Date Contract Administration Lead Department: Contract Administrator: Parks and Recreation Jeannie Kays Contract Approvals Council/ Community Redevelopment Agency Approval Date: Agenda Item No./ Resolution No.: Agreement No: N/A N/A A9125 Contract Compliance Exhibits: Signatures: Insurance: Bonds N/A COMPLETED COMPLETED N/A DocuSign Envelope ID: ECB27625-FFD6-45B1-AF10-6E91A5C7B168 ! "# $ !"!#$!$%&%#$’!($)!(* "+!&#!$,((%- . !"#$%&’()*+, - ./0 #$%12(1*+, 3 #%&& ’#(#&)"&&*&+, DocuSign Envelope ID: ECB27625-FFD6-45B1-AF10-6E91A5C7B168 &&&& &&&& &! "#& $ ! "!#$%&’ ()( ’’"-&.-&-"$"-"/&0-"’/ ’12- &&&"#&0),&&(%), * !+# !#$ +$ ! !, "-.%-. /00121/341456//363437134819 23:1;14/3;6/< (/0123-4$56/7 -829 -4$56/7)( 00:(/01(6 1(=48()8 ! &""&3&4&"&&"#’ >’48 (?@?8? ??)@?88 (( !1((A !1 9 B) !((CA !1( ) ) = 8 (( =)(9 $!D (( 8 ( &"""&3&-&&"# 1())=8 ((( !=A !"" DocuSign Envelope ID: ECB27625-FFD6-45B1-AF10-6E91A5C7B168 !/)2(1 A )9 2(1 /(9 #%&& !"" DocuSign Envelope ID: ECB27625-FFD6-45B1-AF10-6E91A5C7B168 &&&& &&&& &! "#& $ 0"/&&&’"$2/& () ’12- &&0&&(% * !+. !#$ +$ ! !, "-.%-. /00121/341456//363437134819 23:1;14/3;6/< (/0123-4$56/7 -829 -4$56/7)( 00:(/01(6 )(8(( (((/1 4)8 8 (1EA /1 F9 /(9 #%&& DocuSign Envelope ID: ECB27625-FFD6-45B1-AF10-6E91A5C7B168 DocuSign Envelope ID: ECB27625-FFD6-45B1-AF10-6E91A5C7B168 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM SPRINGS AND PLANNED PARENTHOOD OF THE PACIFIC SOUTHWEST This Memorandum of Understanding (“MOU”), by and between the City of Palm Springs (“City”), and Planned Parenthood of the Pacific Southwest (“PPPSW”), and together known as the “Parties,” for the purpose of achieving the various aims and objectives relating to Age Appropriate Comprehensive Sexual Education and Family Communication Programs (“Project”). This MOU shall be effective on the date (“Effective Date”) that it is signed by both Parties, following any legally required approval by the governing bodies of the Parties. RECITALS WHEREAS, the City is a charter city and California municipal corporation; and WHEREAS, the City is the owner of the James O. Jessie Desert Highland Unity Center, located at 480 W. Tramview Road, Palm Springs, CA 92262 (“Center”); and WHEREAS, the City and PPPSW desire to partner to provide the Project at the Center; and WHEREAS, the City will provide the space at the Center for PPPSW to provide the Project; and WHEREAS, the Parties desire to enter this memorandum of understanding, to define the responsibilities of the Parties to each other in accomplishing this purpose. AGREEMENT I. OBLIGATIONS OF THE CITY a. The City will provide use of classroom space at Center free of charge to PPPSW to provide the Project. b. City will assist in marketing the program to its members and the surrounding community. II. OBLIGATIONS OF PPPSW a. PPPSW will ensure that all facilitators and other program staff are trained in cultural competency and LGBTQ inclusivity. DocuSign Envelope ID: FB3CFB20-E7D9-4FEE-803F-AD564309AB5FDocuSign Envelope ID: ECB27625-FFD6-45B1-AF10-6E91A5C7B168 b. PPPSW will provide Center staff, youth, and parents with evidence-based and evidence-informed comprehensive, medically-accurate, age-appropriate, sexuality education programs to the Center’s students in compliance with California Healthy Youth Act and National Sex Education Standards. c. PPPSW will administer Program Evaluation forms to all participants. d. PPPSW will provide information on all program required data collection and evaluation activities. . III. COORDINATION BETWEEN PARTIES a. To the extent possible, both Parties will participate in the development of the Project. b. Parties agree to work together toward the mutual goal of offering comprehensive, medically-accurate, age-appropriate, and reality-based sexuality education which helps people develop a realistic view of sexuality, supports increased family connection, and provides youth with information and skills to help them make responsible decisions about their sexual health. IV. INSURANCE a. PPPSW will obtain and maintain insurance coverage in amounts and of the types (i.e. general liability and directors and officers) as required by the City’s Risk Manager, based on the PPPSW’s structure and activities. 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 twelve (12) months following the Effective Date (“the Expiration Date”). b. Any modifications, assignments, alterations, or extensions must be in writing, signed, and approved by both Parties. c. This MOU may be terminated by either Party upon 30 days written notice. VI. INDEMNITY a. Each party agrees to indemnify, defend, and hold harmless the other party, its 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. DocuSign Envelope ID: FB3CFB20-E7D9-4FEE-803F-AD564309AB5FDocuSign Envelope ID: ECB27625-FFD6-45B1-AF10-6E91A5C7B168 IX. 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. X. 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 PPPSW and the City. c. Entire Agreement. This MOU contains the entire agreement and understanding of the Parties on this subject. The City and PPPSW 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 City and PPPSW 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. e. Warranty of Authority. The persons executing this MOU on behalf of the City and PPPSW 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. f. 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. DocuSign Envelope ID: FB3CFB20-E7D9-4FEE-803F-AD564309AB5FDocuSign Envelope ID: ECB27625-FFD6-45B1-AF10-6E91A5C7B168 g. Notices. All notices, demands and communications between the City and PPPSW 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 Planned Parenthood of the Pacific SW 3200 E. Tahquitz Canyon Way 1075 Camino Del Rio South Palm Springs, CA 92262 San Diego, CA 92108 Justin.Clifton@palmspringsca.gov Attn: Vernita Gutierrez, Vice President of External Affairs vgutierrez@planned.org The foregoing names, addresses may be changed at any time by written notice, as provided above. h. 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. i. Counterparts. This MOU may be executed electronically, and in one or more counterparts, each of which shall constitute an original. [Signatures on following page] DocuSign Envelope ID: FB3CFB20-E7D9-4FEE-803F-AD564309AB5FDocuSign Envelope ID: ECB27625-FFD6-45B1-AF10-6E91A5C7B168 IN WITNESS, WHEREOF, the Parties enter into this Understanding as of the Effective Date. SIGNATURE PAGE TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM SPRINGS AND PLANNED PARENTHOOD OF THE PACIFIC SOUTHWEST PLANNED PARENTHOOD OF THE CITY OF PALM SPRINGS, a municipal PACIFIC SOUTHWEST corporation By: ___________________________ By:_____________________________ Vernita Gutierrez Justin Clifton Vice President of External Affairs City Manager Date:______________________ Date: ___________________ APPROVED AS TO FORM: By: ___________________________ Jeffrey S. Ballinger City Attorney Date:__________________ ATTEST: By: ___________________________ Monique Lomeli Interim City Clerk Date: _________________ DocuSign Envelope ID: FB3CFB20-E7D9-4FEE-803F-AD564309AB5F 6/10/2022 DocuSign Envelope ID: ECB27625-FFD6-45B1-AF10-6E91A5C7B168 6/14/2022 6/15/2022 6/22/2022 AOfI�Z,5 A�RLP CERTIFICATE OF LIABILITY INSURANCE Diti232o (MW2DVYYn 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh USA, Inc. PHONE FA% 1166 Avenue of the Amenras AIc No E-MAIL New York, NY 10036 Attn: healthcare.accountscss@marsh.corn Fax: 212-948-1307 "DRESS, INSURERS AFFORDING COVERAGE NAIC0 INSURER A: Lexington Insurance Company 19437 CN10135775&WC-15-15-23.24 SAD,CA GLALW _ INSUREDPLANNED PARENTHOOD OF THE PACIFIC INSURER B : National Union Fire Ins. Co. 19M INSURER c : Commerce 8 Industry Ins. Co 19410 SOUTHWEST, AN AFFILIATE OF PLANNED INSURER D : PARENTHOOD FEDERATION OF AMERICA, INC. 1075 CAMINO DEL RIO SOUTH SAN DIEGO, CA 92108 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: NYC-011306938-06 REVISION NUMBER: 11 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED 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. NSR L TYPE OF INSURANCE ADOLSURR POUCYNUMBER MWDDDDYEFF MPWDU� UNITS A X COMMERCIAL GENERAL LIABILITY 082695195 01/01/2023 0110V2024 EACH OCCURRENCE $ 1,1100,000 CLAIMS -MADE M OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 500,000 X MED EXP (Any ore B INCLUDED SIR: $5W,000 PERSONAL 3 ADV INJURY $ 1'01)(1•I)DO GENL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 2•000•000 POLICY DJECT � LOC PRODUCTS-COMP/OP AGO 3 2,W0,000 S OTHER' A AUTOMOSILELWBIUTY 062M5195 01101023 01/0112024 COMBINED SINGLE LIMIT Ea accitlenl $ 1,000,000 BODILY INJURY (Per pwscn) $ AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY (Par accident) S PROPERTYDAMAGE Per eccdenl S $ xiANY SIR: $500,000 UMBRELLAUAB OCCUR EACH OCCURRENCE $ AGGREGATE B EXCESS UAB CLAIMS -MADE DIED I I RETENTION $ B C' WORKERS COMPENSATION AND EMPLOYERS` UABILITY ANYPROPRIETORIPARTNERIEXECUTIVE YIN OFFICEWMEMBEREXCLUDED4 (Mandatory in NH) NIA WC 48240293 WC48240290 (GA) 01101I2023 01A112024 X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE S 11000,000 E.L. DISEASE - POLICY LIMIT $ 1�� Byes aewibe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, AWItional Remarks Schedule, may be Mtaehed U more space M required) RE: PPPSW STAFF WILL PRESENT AFTER -SCHOOL SEX EDUCATION PROGRAMS THROUGHOUT THE YEAR, AT THE FACILITIES OF JESSIE 0. JAMES DESERT HIGHLAND UNITY CENTER, RECEIVED JAN 0 3 2023 C!y Hall CERTIFICATE HOLDER CANCELLATION""",,.... ✓�+ CITY OF PALM SPRINGS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATfN: CITY CLERK THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O. BOX 2743 ACCORDANCE WITH THE POLICY PROVISIONS. PALM SPRINGS, CA 92262 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 0005828 SP 0519-COl-P05830-1 CITY OF PALM SPRINGS ATTN: CITY CLERK P.O. BOX 2743 PALM SPRINGS, CA 92262 wzdm DIM 0519-01-00-0005828-0001-00139 a 7 A` 0120® CERTIFICATE OF LIABILITY INSURANCE Mof D12/26120 3 YYYY) 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH USA, LLC. 1166 Avenue of the Americas New York, NY 10036 RECEIVED Ann. healdwe.accountsa mashxixn Fax: 212-948-1307 CONTACT NAME: PHONE FAX E-MAIL LIRE INSURE 8 AFFORDING COVERAGE NAICt INSURER A: Greenwich Insurance Company 22322 GN101357758-WC15-15-24-25 SAD,GA GLALW JAN 0 2 2024 IN PLANNED PARENTHOOD OF THE PACIFIC INSURERS: WA NIA _ RER C : XL Specialty Insurance Company 37895 SOUTHWEST, AN AFFILIATE OF PLANNED Office of the City Cl PARENTHOOD FEDERATION OF AMERICA, INC. 1075 CAMINO DEL RIO SOUTH INSURER D : SAN DIEGO, CA 92108 INSURER E: INSURER F _ COVERAGES CERTIFICATE NUMBER: NYC-011306938-08 REVISION NUMBER: 11 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED 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 POLJCYNUMBER MWDDPOLICY/YYYY1 IMMIDDVYYYYL LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fil OCCUR SIR: $250.000 RGE3001865 01/01/2024 01/01/2025 EACHOCCURRENCE $ 1,000,000 DAMAGE TO PREMISES EaENTED � $ 500,000 X MED EXP (Any ona ) S 10,000 PERSONAL S ADV INJURY $ 1,000,000 GEML AGGREGATE LIMIT APPLIES PER. POLICY ❑ PRI FX1 LOC OTHER JECT$ GENERAL AGGREGATE $ 2A00,000 PRODUCTS AGO $ 2,000,000 A AUTOMOBILELIAIRLITY OWNED SCHEDULED AUTOS ONLY AUTOS 1XANY AUTO N X HIRED X NON -OWED AUTOS ONLY AUTOS ONLY SIR:$250,000 RGE3001865 01/01/2024 01/01/2025 COMBINED SINGLE LIMIT (EA accident $ 1M0000 BODILY INJURY (Per person) _ $ BODILY INJURY (Par acdtlMK) S PROPERTY DAMAGE Per acci tem $ S UMBRELLA UAB EXCESS LIAR IOCCUR CLAMS -MADE EACH OCCURRENCE It AGGREGATE $ LED RETENTION$ S G MAKERSCOMPENSATION AND EMPLOYERS' LIABILITY OFFlC RWEMBEREXC UD D9FFF IN ECUfIVE Y ] (Mandatory in NH) H yes describe under DESCRIPTION OF OPERATIONSb NIA RWC3001893 X PEROR El EACH ACCIDENT $ 1 E.L. DISEASE - EA EMPLOYFE1 it 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1.000.000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101. AdMSorsl Remarks Schema, may be a0achad U man sperm is requa mit RE. PPPSW STAFF WILL PRESENT AFTER -SCHOOL SEX EDUCATION PROGRAMS THROUGHOUT THE YEAR, AT THE FACILITIES OF JESSIE 0. JAMES DESERT HIGHLAND UNITY CENTER. CITY OF PALM SPRINGS • ECEI y ED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN: CITY CLERK THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O.BOX 2743 JAN 0 2 7024 ACCORDANCE WITH THE POLICY PROVISIONS. PALM SPRINGS, CA 92262 City Hall AUTHORIZED REPRESENTATIVE Reception DBsk of Marsh USA LLC © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 0004589 SP 0504 -COI-P04591-1 CITY OF PALM SPRINGS ATTN: CITY CLERK P.O. BOX 2743 PALM SPRINGS, CA 92262 RE 0504.01-00-0004589-0001-0009402 is r' R= Marsh Dear Certificate Holder: To streamline certificate delivery for our clients and in an effort to support our firm's commitment to sustainability, going forward, we will only be providing renewal certificates of insurance electronically. If you need to continue receiving a copy of the attached certificate, please send an email to USOperations.email@marsh.com and include the following: Certificate # (Shown below Insured Name — e.g., ABC-123456789-01) — E-Mail for future delivery For your convenience, If we do not receive your response, we will conclude that you no longer require. proof of ' insurance from from the named insured and will remove you from our records. Thank you, US Operations, Marsh USA, LLC '- N business of Marsnmdetnan 0504-01-00-0004589-0002-0009403