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HomeMy WebLinkAboutA7193 - TRANSGENDER COMMUNITY COALITIONCity of Palm Springs 3200 E. Tahquit: t 'anyon Way • Palm Springs, (..'alilornia 92262 palmsprinijsca.yDV August 7, 2018 VIA UNITED STATES MAIL AND E-MAIL Thomi Clinton Transgender Community Coalition P.O. Box 580132 N. Palm Springs, CA 92258 thomi@transcc.orq Re: Letter Agreement, 2018-19 Grant from City of Palm Springs to Transgender Community Coalition 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, Transgender Community Coalition ( 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: $1,500 cash grant & up to $1,000 In-kind support of the Transgender Day of Remembrance 2018 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: Transgender Day of Remembrance 2018. 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: Thomi Clinton, CEO. Post Office Box 2743 • Palm Sprinj;s, California 92263-2743 August?, 2018 Transgender Community Coalition -Transgender Day of Remembrance 2018 Page 2 Grantee and its representative shall ensure that all communications and other interaction with City necessary in relation to Sen/ices, 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 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 7, 2018 Transgender Community Coalition - Transgender Day of Remembrance 2018 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 Cify, (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 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. August?, 2018 Transgender Community Coalitlon -Transgender Day of Remembrance 2018 Page 4 CITY OF PALM SPRINGS AGREED David H. Ready, PhD City Manager Transgepder Community Coalition 30O Name and Title Signature approved By CITY COUNCIL CorfvVTadh /x^Rcf CERTIFICATE OF LIABILITY INSURANCE DATEfMM/DDWYYY) 08/01/2018 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). •KOiUCER t) - Afiencv Insurance Services i.i.iri'iL- Agency Corp dba ' ' Maplewood Ave r.inpievvood NJ 07040 NAME^^ Margie Krahnert K b..., (800)763.4775 (973)763.1635 AiS^ESS- TikrahnertQmarineagency.com INSURERtS) AFFORDING COVERAGE NAICtr INSURER A - Certain Underwriters at Lloyd's, London INSURED Transgender Health and Wdllness Center, Inc. 15431 Avenida Ramada Desert Hot Springs CA 92240 INSURER 8: INSURER C : INSURER 0 ; INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: CL188118959 REVISION NUMBER: n i i J lO CERTir v THAT THE POLICIES OP INGURANCE LISTED BELOW HAVE BEEH ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ;. !CAIED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS PTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CLUSiONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I LTR TYPE OF INSURANCE ^UBRI POUCY NUMBER POUCY EPF (MM/DD/YYYYI POUCY EXP imm/dd/yyyyi UNITS COMMERCIAL GENERAL UABILITY CL"tMS-MADE □ OCCUR Professional EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occuffenca) MEO EXP (Any one perton) Liabilily BABS1819-1124 05/07A2018 05/07/2019 PERSONAL 4 ADV INJURY X V iRi.GATE LIMn APPLIES PER « > Dloc GENERALAGGREGATE PRODUCTS • COMP/OP AGO Employee Benefits .000.000 00,000 ,000 1,000,000 3,000,000 3,000,000 AUTOMOBILE LIABILITY ] -UY AUTO COMBINED SINGLE LIMIT(Ea acadeno BODILY INJURY (Per person) '.J'A'MtO .'■l.'TnS ONl.Y 'ilRi.0 .'.I :TOS ONLY SCHEDULED AUTOS NON-OWNED AUTOS ONLY BODILY INJURY (Per accident) PROPERTY DAMAGE(Per acddenii UMBRELLA LIAB EXCESS LIAB UL!) OCCUR CLAIMS-MADE EACH OCCURRENCE AGGREGATE RETENTION S WORKERS COMPENSATION AND EMPLOYERS' UABILITY -r;. proprietOR/PARTNER/EXECUTIVE : -TiCER/MEMBER EXCLUDED"' I (Mandalory in NH) I t yits ilcsaihe uiidei ■ S ;'.RIPII0N OF OPERATIONS belcw PER STATUTE OTH ER □E.L each ACCIDENT E L DISEASE - ea employee E L DISEASE ■ POLICY LIMIT •t SCRIPTION OF OPERATIONS I LOCATIONS (VEHICLES (ACORD101, Additional Remarlta Schedule, may be attached If more apace is required) inland Empire Health Plan 10801 6th St Suite 120 Rancho Cucamonga CA 91730 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. kUTHO^UZW ^PReSENTATiyE^ ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD marine aoencuinsuranceINSURANCE SINCE 1922191 MAPLEWOOD AVENUEMAPLEWOOD, NEW JERSEY 07040TO DAi2».!l'reL.SMl 'OTi;::!01 '16!Phi <4 iFIRST-CLASS MAILneopost^_08/01/2018 <r/-vr\ /I "70ZIP 07040041L11243453322^5-0-30923 4I'll' ■m ALLIANCE□I MEMBER II Services Page 1 of 1 MEMi A Htad/ef Mfvranc*. 4 M««ft /Of A/onpfffptf serving ALLIANCE OF Nonprofits for INSURANCE NONPROFITS Insurance Alliance op Caliiornia A Htael for Insurantt. A Heart for Nonprofits. A Head for Insurance. A Heart for Nonprofits. P.O. Box 49050, San Jos*. CA 95161-9050 Member# 55166 Phone: 760-218-4326 Emaihthomil clinton@gmail.com Transgender Health and Wellness Center 16431 Avenida Ramada Desert Hot Springs, CA 92240 Current Minimum Due: Payment Due Date: $235.36 08/09/2018 VISIT OUR SECURE WEBSITE AT www.lnsurancefornonprofits.org to: - MAKE A PAYMENT: Pay your premium with a credit card / check (EFT) - GO PAPERLESS! Sign up to receive member statement notifications via emaii - View poiicies, endorsement, and member statements * Simple finance charge equivalent to 3.00 % APR will be applied each month to any unpaid balances (excluding NAE Property and QBE Accident) Statement Number: Statement Date: Previous Ending Balance: Payment Received: /^dditionai Premium: Retum Premium: /Vdjustments: Finance Charge*: Total Balance: 4of9 07/25/2018 $1,634.90 $-236.89 $0.00 $0.00 $0.00 $3.35 $1,401.36 •- -- .POLICY SUMMARY iV;"-'. .-U , lV-'L. -Carrier^!•: Etfiac^ . /Description Previpua i Batanos (^ar^ : NIAC 2018-55166 04/19/2018 General Liability, Auto Liability 631.00 0.00 -90.14 540.86 89.86 NiAC 2018-5S166-00 04/19/2018 Directors and Officers 421.00 0.00 -60.14 360.86 59.86 NIAC 2018-55166-PROP 04/19/2018 Property 509.00 0.00 -72.71 436.29 72.29 QBE 2018-S5ie6-ACC 04/19/2018 Accident 70.00 0.00 -10.00 60.00 10.00 Finance Charge 3.90 3.35 -3.90 3.35 3.35 Policy Summary Totals:1,634.90 3.35 -236.89 1,40136 235.36 ''RECENT TRANSACTIONS-v.; .v- ■: ".'Date CtiHIIef"•:^P&lR»TOB6t:T:r^tfSr:vjlEflisctK/e •~;:lqb ■ ^ ^ W:u:iAcfiv(lvDesdff0ttSB^^Tf 07/11/2018 07/25/2018 Payment Received - Check #0319 Finance Charge -236.89 3.35 BILUNG QUESTIONS PLEASE CONTACT: Felicia Frattini Phone: 800-359-6422 ext. 6090 Emaii: ffrattiRi@insurancef6monprofit8.org FOR POLICY OR ENDORSEMENT QUESTIONS PLEASE CONTACT: NFP Property & Casualty Services, inc. - Broker # 03426 Phone: 800-316-0019 ext. 116 Fax: 800-316-0021 Email: paui.waters@nfp.com Please return bottom portion with payment PAYMENT OPTIONS: Website: one time via credit card or check (EFT) Mail: check or money order We are unable to process payments by phone Statement Number: Statement Date: 4 of 9 07/25/2018 TO AVOID CANCELLATION PLEASE CONTACT US IF PAYMENT WILL NOT BE RECEIVED BY THE DUE DATE Member #55166 Transgender Health and Wellness Center Attn:Thomi Clinton 16431 Avenida Ramada Desert Hot Springs, CA 92240 Cuiiwft-BalEhcSr"?^^$1,401.36 Total MinlmumDue: Payment Due Date: Amount Enclosed: $235.36 08/09/2018 ''M^fc.liiMt«^kii AMS (Alliance Member Services) P.O. Box 43050 San Jose, CA 95161-9050