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HomeMy WebLinkAboutA7190 - PS COMMUNITY CONCERT ASSOCIATION^ity of Palm Springs 3200 E. Tahquirz Canyon Way • Palm Springs, California 92262 palmspringsca.gov August?, 2018 VIA UNITED STATES MAIL AND E-MAIL Christopher Seidel Palm Springs Community Concert Association P.O. Box 1502 Palm Springs, CA 92263 chrisin312@aol.com Re: Letter Agreement, 2018-19 Grant from City of Palm Springs to Palm Springs Community Concert Association 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, Palm Springs Community Concert Association ("Grantee") for the (fiscal) year 2018-19 (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 Palm Springs Student Concerts 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: Palm Springs Student Concerts. Grantee warrants and covenants to City that it will to continue to provide Services throughout the 2018-19 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: Christopher Seidel, President. Post Office Box 2743 • Palm Springs, California 92263-2743 August 7, 2018 Palm Springs Community Concert Association - Palm Springs Student Concerts Page 2 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. 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. 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 encourage 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 othenwise. 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 2019-20 grant cycie, or be submitted by December 31, 2019 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. August 7, 2018 Palm Springs Community Concert Association - Palm Springs Student Concerts Page 3 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, (if) damage to property, including property owned by any of Grantee's Related Parties, Grantee's Beneficiaries, or City, (Hi) 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 indemnity, 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 unenforceabillty 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. August?, 2018 Palm Springs Community Concert Association - Palm Springs Student Concerts Page 4 CITY OF PALM SP David H. Ready, PhD City Manager AGREED Palm Springs Community Concert Association Ndfne and Title Signature APPROVED BY CITY COUNCIL nUijit Qift /Oo. "> r. c I »./ r"- V U. U I i L - AUG 27 AH 8- 03 ''Bringing You Music from Bach to Broadway!" ir-r j- : i O L. t i Anthony J. Mejia City Clerk City of Palm Springs 3200 E. Tahquitz Way Palm Springs, CA 92262 Dear Mr. Mejia: As expressed to you in an earlier e-mail, the Palm Springs Concert Association is extremely grateful for the $5,000 grant recently awarded to it by the City Council. The grant will clearly enable us to continue to provide students enrolled in the Palm Springs Unified School District with exposure to and involvement in the performing arts. The Association has been awarded other student-related grants which are restrictive. Thus, it is our intent to use the City grant to fund a concert next March which will feature the Palm Springs High School Student Orchestra performing with guest artist and saxophonist, Rob Verdi. The concert will provide the students with an opportunity to perform in a professional concert setting that will explore a new generation of popular music. The City of Palm Springs will be credited as the sponsor of the concert, and families of performing students will attend at no charge. A signed copy of the Letter of Agreement you sent earlier this month is enclosed, and, as requested, we have asked that our insurance broker provide you with a copy of proof of general liability insurance naming The City of Palm Springs as an additional insured. We have no employees, and, accordingly, do not carry Workers' Compensation coverage. Please express to members of the Council our keen appreciation and gratitude for the awarding of our grant. It will make a difference in the lives of students. Sincerely, Christopher W. Seidel President cc: David H. Ready, PhD Lisa Middleton HOTLINE: (760) 770-0774 P.O. BOX 1502 • PALM SPRINGS, CA 92263 IRS 501 (c)(3) CA Franchise Tax Exempt www.psconcerts.org yACORCf CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 08/28/2018 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 Weingarten S Hough OA License No. 0086542 PC Box 1866 Palm Springs CA 92263 NAME^^^ Sarah Kwon rAKo.E«l, (760) 325-2526 (760)322.5970 ADE^ESS- sarah@whinsurance.com INSURER(S) AFFORDING COVERAGE NAICd INSURERA United States Liability Ins Co 25895 INSURED Palm Springs Community Concert Association P.O. Box 1502 Palm Springs CA 92263 INSURER B INSURER C INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: CL1872405752 REVISION NUMBER: 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS A X COMMERCIAL GEINERAL UABIUTY E 1 X| OCCUR Y NPP1559760D 01/20/2018 01/20/2019 EACH OCCURRENCE S 1.000.000 CLAIMS-MAD DAMAGE to RENTED PREMISES (Ea occurrence)S 100,000 MED EXP (Any one person)S 5,000 PERSONAL &ADV INJURY s 1,000,000 GEr11 AGGREGATE LIMIT APPLIES PER: POLICY Q jIct EZI LOC OTHER: GENERALAGGREGATE S 2,000,000 PRODUCTS - COMP/OP AGG 3 included s AU1OMOBILE UABILITY COMBINED SINGLE LIMIT (Ea accident)s ANYAUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-OWNED AUTOS ONLY BODILY INJURY (Per person)s BODILY INJURY (Per accident)S PROPERTY DAMAGE (Per accident)s s UMBRELLA UAB EXCESS UAB OCCUR CLAIMS-MADE EACH OCCURRENCE $ AGGREGATE s DED RETENTION S $ WORKERS COMPENSATION AND EMPLOYERS* LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE | 1 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) ' ' If yes. describe under DESCRIPTION OF OPERATIONS below N/A PER OTH- STATUTE ER E.L EACH ACCIDENT $ E.L DISEASE - EA EMPLOYEE s E.L. DISEASE - POLICY LIMIT s DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) The Certificate Holder. City of Palm Springs, is Additional Insured when required by written contract per Form #L744NPP (06-10) City of Palm Springs 3200 E. Tahquitz Canyon V\fay Palm Springs CA 92262 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM BLANKET ADDITIONAL INSURED ENDORSEMENT Section II - Who Is An Insured is amended to include as an insured any person, entity or organization that is: 1. A franchisor under a franchise agreement with the Named Insured as franchisee relating to "your work"; or 2. A licensor under a license agreement with the Named Insured as licensee relating to "your work"; or 3. A co-owner with the Named Insured in premises used for "your work"; or 4. A majority owner with a controlling interest in the Named Insured but only with respect to liability arising out of such owner's (i) financial or operational control of the Named Insured; or (ii) ownership, maintenance or use of premises leased or occupied by the Named Insured for purposes of "your work"; or 5. A mortgagee, assignee or receiver of the Named Insured relating to "your work"; or 6. A lessor, or an agent of a lessor, under a lease agreement with the Named Insured as lessee relating to "your work"; or 7. A grantor of a permit to the Named Insured as permitee relating to "your work". However, if the grantor of a permit is a federal, state or local government or political subdivision, there is coverage under this endorsement only for liability arising fi-om: a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or b. The construction, erection or removal of elevators; or c. The ownership, maintenance or use of any elevators covered by this insurance; or 8. A lessor of equipment leased to the Named Insured relating to "your work"; or 9. A contributor, benefactor, or supporter who provides financial assistance to the Named Insured in connection with "your work"; but only to the extent the Named Insured is required to add such person, entity or organization as an additional insured to this policy under a written contract, written permit or written agreement relating to "your work". Such person, entity or organization is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" that is caused, in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf in connection with "your work" while such written contract, written permit or written agreement is in effect. L 744 NPP (06-10) Page 1 of 2 EXCLUSIONS There is no coverage under this endorsement for loss or expense, including but not limited to the cost of defense for "bodily injury", "property damage" or "personal and advertising injury": 1. That occurs after all of "your work", including materials, parts or equipment furnished in connection with "your work" and performed under a written contract, written permit or written agreement has ended; or When that portion of "your work" out of which the "bodily injury", "property damage" or "personal and advertising injury" arises and performed under a written contract, written permit or written agreement has been put to its intended use by any person(s) or organ ization(s); whichever occurs first. 2. Arising directly or indirectly from construction or demolition operations of any kind performed by you. 3. Caused or alleged to be caused by the sole negligence of an additional insured under this endorsement. 4. Arising out of "your work" performed for a federal, state or local government or political subdivision under a written permit. 5. Included within the "products-completed operations hazard". CONDITIONS Coverage provided by this endorsement will be excess over any insurance available to any additional insured under this endorsement unless a written contract, written permit or written agreement specifically requires that coverage under this endorsement is primary. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L 744 NPP (06-10) Page 2 of 2