HomeMy WebLinkAboutA8364 - BOYS AND GIRLS CLUB OF PALM SPRINGS 9ALM 9p
�r'yH City of Palm Springs
3200 E.Tahquia Canyon Way • Palin Springs,California 92262
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October 8, 2019
SENT VIA E-MAIL
Andrea Madrigal
Boys and Girls Club of Palm Springs
450 S. Sunrise Way
Palm Springs, CA 92262
amadrigaIQbecps.org
Re: Letter Agreement No. 8364, 2019-20 Grant from City of Palm Springs to Boys and Girls Club of Palm
Springs
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,
Boys and Girls Club of Palm Springs ("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:
$40,000 cash grant in support of the Creative Arts Program
The City makes this grant upon the following terms and conditions ("Terns"). 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: Creative Arts Program. 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:Andrea
Madrigal, Boys and Girls Club of Palm Springs.
October 8, 2019
Boys and Girls Club of Palm Springs—Creative Arts Program
Page 2 of 4
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 ("Law") 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
F.
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.
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,
October 8, 2019
Boys and Girls Club of Palm Springs:Creative Arts Program
Page 3 of 4
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, (iii) 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 (Le., place of origin, 'immigration status, cultural or
} linguistic characteristics, or ethnicity), sexual .orientation, gender identity, gender expression,
physical or mental disability, or medicaPcondition (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
i 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
i 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.
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October 8, 2019
Boys and Girls Club of Palm Springs-Creative Arts Program
Page 4 of 4
CITY OF PALM SPRINGS:
By:
David H. Ready, PhD 07;-� —
City Manager
r APPROVED AS TO FORM: ATTEST:
By: _ By.
Jeffrey S. SallingeK-; fhony J. M 'i
City Attorney City Clerk
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AGREED
Boys and Girls Club of Palm Springs:
By:_1�l!l�7y'SC2GC/N� &y- 4l/y wV0V—.
Name i 16' ignat
APPROVED BY CITY COUNCIL '
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City of Palm Springs
3200 E.Taliquia Canyon Way • Palm Springs,California 92262
• palm.Tringsca.gov
October 15, 2019
SENT VIA E-MAIL
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
i 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: _ �Glt7J
Name and Titl r ignatur
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