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Home My WebLink AboutA8369 - HIDDEN HARVEST ALM Sc �e City of Palm Springs "N 3200 E.Tahquitz Canyon Way • Palm Springs,California 92262 palmspringsca.gov <IFORN�Q October 8, 2019 SENT VIA E-MAIL Sandra Carroll Hidden Harvest PO BOX 266 Coachella, CA 92236 sandraO-h iddenharvest.ora Re: Letter Agreement No. 8369, 2019-20 Grant from City of Palm Springs to Hidden Harvest Congratulations on receiving an award of a grant by the City Council of the City of Palm Springs ("City"). This letter agreement ("Agreement") memorializes the nature of the grant awarded to your organization, Hidden Harvest("Grantee")for the(fiscal)year 2019-20 (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: $5,000 cash grant in support of the Free Produce Markets for Low-Income Seniors 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. 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: Free Produce Markets for Low-Income Seniors. Grantee warrants and covenants to City that it will continue to provide Services throughout the 2019-20 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 related thereto: Sandra Carroll, Hidden Harvest. Post Office Box 2743 • Palm Springs,California 92263-2743 i October 8, 2019 Hidden Harvest—Free Produce Markets for Low-Income Seniors Page 2 of 84 4. Grantee and its representative shall ensure that all communications and other interaction with City necessary in relation to Services, the provision of Assistance, and this Agreement shall be with Anthony J. Mejia, City Clerk. 5. Grantee shall comply with all applicable federal, state and local law and regulations ("Laud') in providing Services, and shall secure any and all necessary licenses and permits required by Law in doing so. 6. Grantee agrees to use the official City logo to acknowledge the City's support on its website in the manner noted below (with a hyperlink to the City's website) and on any printed materials associated with its program or event. Grantee is also encouraged to include the City of Palm Springs in all relevant social media postings. Special Funding provided by The City of Palm Springs 7. Grantee shall, upon any reasonable City request, notify its employees, members and volunteers of opportunities to volunteer at City events. 8. Grantee is an independent organization, not affiliated with City except by way of this Agreement as a recipient of Assistance. Neither City nor any of its officials, employees, contractors, volunteers or agents (in the aggregate, "City's Related Parties") shall have any control over the manner, mode, or means by which Grantee, its managers, employees, contractors, volunteers or agents(in the aggregate, "Grantee's Related Parties") perform Services. Further, this Agreement does not establish any relationship whatsoever between City and any person(s) who receive or benefit from Grantee's Services("Grantee's Beneficiaries"). Grantee warrants and covenants that none of Grantee's Related Parties or Grantee's Beneficiaries has any contractual or other relationship with City arising from or related to this Agreement. Grantee is merely a sponsored entity recognized by City as worthy of City's Assistance, for the sole and exclusive purpose of promoting Grantee's Services in the community. However, in recognition of the fact that Grantee is receiving public funds pursuant to this Agreement in the form of the Assistance, City shall have the right to review Grantee's work product, results, records, and advice in relation to any Services rendered to Beneficiaries that are funded or supported, in whole or in part, by the Assistance. 9. Neither Grantee, nor any person who is one of Grantee's Related Parties or Grantee's Beneficiaries, shall at any time or in any manner represent that any person who is one of Grantee's Related Parties or Grantee's Beneficiaries is one of City's Related Parties, by virtue of this Agreement or otherwise. 10. Grantee shall prepare and deliver to City a Final Report that documents Grantee's application of the Assistance to the advancement of Services; these reports shall include but not be limited to expenditures of City funds by Grantee. Final Report must accompany your application for the 2020-21 grant cycle, or be submitted by December 31, 2020 if you are not applying. 11. Grantee shall procure and maintain, at Grantee's sole cost and expense, policies of insurance as required by the City Attorney. October 8, 2019 Hidden Harvest—Free Produce Markets for Low-Income Seniors Page 3 of 84 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, (ii) damage to property, including property owned by any of Grantee's Related Parties, Grantee's Beneficiaries, or City, (fii) any violation of any federal, state, or local law or regulation, and (iv) 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 carry 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. October 8,2019 Hidden Harvest—Free Produce Markets for Low-Income Seniors Page 4 of 84 CITY OF PALM SPRINGS: By: �✓ David H. eady, PhD City Manager APPROVED AS TO FORM: ATTEST: By: By: w Je re . BallingGir, ony J. Meji City Attorney City Clerk AGREED n Hidden Harvest: � C By: I�FRJSTY j o R ir-r2 G—C Name and Title ignature �rRC-cTo APPROVED BY CITY COUNCIL og I r�Izotg A83�, .Op PALM SpP City of Palm Springs V u, 3200 E.Tahqui¢Canyon Way • Palm Springs,California 92262 .A palnupringsca.gor •Cg11FOR��P October 16, 2019 SENT VIA EMAIL Re: Addendum to Letter Agreement,2019.20 Grant from City of Palm Springs As required under section 10 of the Letter Agreement,the Grantee shall prepare and deliver to City a Final Report that documents Grantee's application of the Assistance to the advancement of Services; these reports shall include but not be limited to expenditures of City funds by Grantee. Final Reports must accompany your application for the 2020-21 grant cycle, or be submitted by December 31, 2020, if you are not applying. Final Reports must be submitted in the following format: PREFACE The purpose of the final report is to provide the City with a written record of grant-related activities, accomplishments,and challenges that have been faced during the grant term.We use this report for grant management, results assessment, impact evaluation, and learning. When completing the final report, please include all significant accomplishments, challenges, and activities for the last reporting period of the grant. RECEIVED, ACKNOWLEDGED, AND ACCEPTED: ORGANIZATION: ` ((ZOrn�UQS Name and Title Signature i