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HomeMy WebLinkAboutA7188 - PALM SPRINGS AIR MUSEUMi\ City of Palm Springs 3200 E. Tahquitz Canyon Way • Palm Springs, California 92262 palmspringsca.gov August 7. 2018 VIA UNITED STATES MAIL AND E-MAIL Fred Bell Palm Springs Air Museum 745 N. Gene Autry Trail Palm Springs, CA 92262 fred@DalmsDrjnQsairmuseum.orq Re: Letter Agreement 2018-19 Grant from City of Palm Springs to Palm Springs Air Museum Congratulations on receiving an award of a grant by the City Council of the City of Palm Springs (City ). This letter agreement ("Agreemenf) memorializes the nature of the grant awarded to your organization, Palm Springs Air Museum ("Grantee") for the (fiscal) year 2018-19 (the "Granf). 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 Air Museum The City makes this grant upon the following terms and conditions ("Tenns"). Your signature below and return of this Agreement to the City shaU 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 wll 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 Air Museum. 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: Fred Bail, Managing Director. Post Office Box 2743 • Palm Springs, California 92263-2743 August?, 2018 Palm Springs Air Museum - Palm Springs Air Museum 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 shail 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, "Cit/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 othenvise. 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 cycle, 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 Attomey. August?, 2018 Palm Springs Air Museum - Palm Springs Air Museum 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 ail 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, (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 fiill 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 (/.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 By: AGREED Palm Springs Air Museum Name and Title APPROVED BY CITY COUNCIL CoA>V>ra<i- IVio. August 7. 2018 Palm Springs Air Museum - Palm Springs Air Museum Page 4 CITY OF PALM SPRINGS David H. Ready, PhD City Manager Signature yXCORdr Policy Number: CERTIFICATE OF LIABILITY INSURANCE Date Entered: 8/8/2018 DATE (MM(DD/YYYY) 8/8/2018 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 Air Capital Insurance, LLC 10100 West Maple Suite 300 Wichita, KS 67202 NAME?*'^ Kelly Wilkinson (316)858-1999 (316)858-1994 a'ddHess: l^^lly • wilkinson0aircapitalins. com !NSURER(S) affording COVERAGE NAIC « INSURER A; Starr Indemnity & Liability Co INSURED Palm Springs Air Museum, Inc. its officers, directors, agents, employees & volunteer 745 N Gene Autry Trail Palm Springs, CA 92262 INSURER B : INSURER C: INSURER D : INSURER E; INSURER F : COVERAGES CERTIFICATE NUMBER: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/YYYY1 POLICY EXP (MMIDD/YYYY)LIMITS COMMERCIAL GENERAL LIABILITY E 1 1 OCCUR EACH OCCURRENCE $ 1 CLAIMS-MAD DAMAGE TO RENTED PREMISES (Ea occurrence)S MED EXP (Any one person)s PERSONAL & ADV INJURY s GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ POLICY 1 1 JgPf 1 1 LOC OTHER: PRODUCTS - COMP/OP AGG s $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident)s ANY AUTO HEDULED TOS IN-OWNED TOS ONLY BODILY INJURY (Per person)s OWNED AUTOS ONLY HIRED AUTOS ONLY SC Al BODILY INJURY (Per accident)$ NC AL PROPERTY DAMAGE (Per accident)s s UMBRELLA LIAB EXCESS UAB OCCUR CLAIMS-MADE EACH OCCURRENCE s AGGREGATE s DED 1 1 RETENTION S s A WORKERS COMPENSATION AND EMPLOYERS- LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE 1 1 OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) ' ' If yes. describe under DESCRIPTION OF OPERATIONS below N/A 100 0003260 06/08/2018 06/08/2019 W] PER 1 1 OTH- .^1 STATUTE 1 1 ER E.L. EACH ACCIDENT S1,000,000 E.L. DISEASE - EA EMPLOYEE S1,000,000 E.L. DISEASE - POLICY LIMIT s1,000,000 description of operations I LOCATIONS / VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached If more space Is required) Re: 2018-19 Grant Evidence of Insurcuice Only. CERTIFICATE HOLDER CANCELLATION City of Palm Springs 3200 E. Tahquitz Canyon Way 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 Greg Hiser^ Presxden © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) Produced using Forms Boss Plus software. www.FormsBoss.com; Impressive Publishing800-208-1977 Client#: 422482 PALMSPRIN12 ACORD« CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/08/2018 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh & McLennan Agency LLC Marsh & McLennan Ins. Agency LLC PO Box 85638 San Diego, CA 92122 NAMB Franceses Captain rSo. Extt 858-242.5763 Sk. no.: 858-529-2663 ADMEss: Francesca.Captain@MarshMMA.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : Travelers Indemnity Company of CT 25682 INSURED Palm Springs Air Museum, Inc. 745 N. Gene Autry Trail Palm Springs, CA 92262-5464 INSURER B : Travelers Property Casualty Co of Amer 25674 INSURER C: INSURER D : INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 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 INSR SUBR WVD POLICY NUMBER POLICY EPF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS A X COMMERCIAL 6E NERAL LIABILITY )E OCCUR 6308F648908TCT18 06/01/2018 06/01/2019 EACH OCCURRENCE $1,000,000 ClAI MS-MAC DAMAGE TO RENTED PREMISES (Ea occurrence)$100,000 MED EXP (Any one person)$10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER.GENERAL AGGREGATE $2,000,000 X POLICY 1 j JECT 1 1 LOC OTHER; PRODUCTS - COMP/OP AGG $2,000,000 $ B AUTOMOBILE LIABILITY BA8F65585618CAG 06/01/2018 06/01/2019 COMBINED SINGLE LIMIT (Ea accident)$1,000,000 X ANY AUTO HEDULED TOS )N-OWNED TOS ONLY BODILY INJURY (Per person)$ OWNED AUTOS ONLY HIRED AUTOS ONLY sc Al BODILY INJURY (Per accident)$ X X NC Al PROPERTY DAMAGE (Per accident)$ Comp/Coil $1000/1000 B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE CUP4J9654481843 06/01/2018 06/01/2019 EACH (XCURRENCE $10,000,000 AGGREGATE $10,000,000 DED X RETENTION sO $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y 1 N 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 $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Letter Agreement, 2018-2019 Grant from City of Paim Springs to Palm Springs Air Museum. City of Palm Springs is listed as an additionai insured in respects to general liability where required by written contract. CERTIFICATE HOLDER CANCELLATION City of Paim Springs 3200 E. Tahquitz Canyon Way Paim 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) 1 of 1 #S3603329/M3487038 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WSFEC INSURED: Palm Springs Air Museum, Inc. POLICY #: 6308F648908TCT18 POLICY PERIOD: O6/01/2018 TO 06/01/2019 COMMERCIAL GENERAL LIABILITY THIS ENOC»RSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) Thb endorsement modifies insurance provided under ttie following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED - (Seclfon II) Is amended to include any person or organization that you agree in a Vritten contract requiring InsuranGe* to include as an edditionaJ insur^ on this Cover age Part, but: a) Only respect to liability for 'bodily Injury*, "pfofjerty damage* or *per8onal Injury"; and b) If. and only to the extent ihat» the ir^ury or damage is ceused by ads or omlssfcNis of you or your subcontractor In the perfomianoe of 'Vour worK* fo which the "written contract requiring Insurance" applies. The person or organlzatian <foes not qualify as an additional Insured with respect to the independent acts or omissiorks of such person or organization. 2. The incuretrv?e pmt/t^9rl li^ IhA artrKftrinal Injured by this endorsement is limited as follows: a) In tha everrt that the Limits of Ineuranoe of this Coverage Part shewn in the Declarations exceed tha lirrAs of liabili^ required by the "wriUen oontract requiring insurance", the in surance provided to the additional insured Shan be limited to the limits of liability re< quired by that "written contract requiring irv- suranoe". This endorsement shall not irh crease the timits of instaanoe described in Section Ml - Limits Of Insurance. b) The irksurance provided to the edditlonal in sured does not apply to 'bodily injury", "prop erty damageT or "personal injury" arising out of the rendering of. or fdilure to render, any professional architectural, engineering or sun* veying services, mduding: i. The preperirtg, approving, or failing to prepare or approve, ntaps, shop draw- ir^s, opinions, reports, surveys, field or ders Of char^ orders, or the preparing, approving, or failing to prepare or sp- prova. drawings and specilicalions: and 11. Supervisory, Inspection, archlLeclural or engineering activities. c) The Insurance provided to the additional in sured does not apply to 'bodily Injury" or "property damage' caused by "your work' and Included in the "products-completed op erations hazanf unless the "written oorriract requiring insurance" speciftcally requires you to provide such covorago for tirat adctitional insured, and then the insurance provided to the additional Insured applies only to such "bodfly mjuiy* or ^property dameg^ that oc curs beftw the end of the period of time for which the "written contract requiring insur- anoa' requires you to provtde such coverage or the end of (he policy period, whichever Is earlier. 3. The insurance provided (0 the additional insured by thie ondereomonit le «kcoso ovor any valid ar«d cofleotible "other Insurance", whether primary, excess, contingent or on any other basis, that Is available to the additional insured for a toss we cover und^ this ertdorsentent. However, if the "written contract requiring insurance' spedfically requires that tNs insurance apply on a primary basis or a primary and ncn-contrlbulory basis, this Insurance is primary to "other Insurance" available to the additional Ineiaed which covers that person or crganizBtion as a named infilled tor such 1066, ana we win not share wtai mat 'other Insurance". But tha insurance provided (0 the addllionai ensured by this endorsement still is excess over any valid and collectible "other In surance", whether primary, excess, contingent or on any other basis, that is available to the addi tional insured when that person or organizatton is an additional insured under such "other insur ance'. 4. As a condition of ooverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur rence" or an (rifense which may result In a claim. To the extent possible, such notice should Include: CGD24€080$6 2005 The SL Paul Travelers Companies, Inc.Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "Ocourrertce" or offense took place; il. The names and addresses of any Injured persons and witnesses; and ill. The nature and location of any Injury or damage arising out of the ^}ccurrenoe* or offense. b) If a claim is made or "suit" is brought against the additional insured, the addltionaf Insured must: L Immediately record the specifics of the claim or "suiT and the date received; and II. Notify us as soon as practicable. The ad(£tk>nal insured must see to it that we receive written notice of the daim or *Suif as soon as preoUcable. c) The additional Insured must immediately send us ooples of all legal papers received in connection with the claim or "suir, cooperate with us in the investigation or sattiement of the claim or d^nse against the "suir, and otherwtee comply with ail policy conditions. d) The additional insured must tender the de fense wid Indemnity of any claim or "suit' to any provider of "other fesurance' which would cover the additional insured for a loss we cover under this endcrsemenL However, this condition does not affect whether the Insur ance provided to the additional insured by this endorsement Is primary to "other insur ance" available to the e^itional insured which oovers that person or organization as a named insured as described In paragraph 3. above. 5. The fbdowrng definition is added to SECTION V. -DEFINITIONS: 'Written oontrsot requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in sured on this Coverage Part provided that the "bodily Irrjuiy" and "property damage" oc curs and the "personal Injury" Is caused by an offense committed: a. After the signing and execution of the contract or agreranent by you; b. c. While thai part of the contract or agreement is in effect; and Before the end of the policy period. Page 2 of 2 e 2005 The St. Paul Travelers Companies, Inc.CO D2 46 08 OS