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Home My WebLink AboutA7194 - TRANGENDER HEALTH & WELLNESS CENTERCity of Palm Springs 3200 E. Tahquit: Canyon Way • Palm Spring's, Caiitornia 92262 pa I mspri n i».sca.i.'ov August/, 2018 VIA UNITED STATES MAIL AND E-MAIL Thomi Clinton Transgender Health and Wellness Center 16431 Avenida Ramada Desert Hot Springs, CA 92240 thomi@trans.health Re: Letter Agreement, 2018-19 Grant from City of Palm Springs to Transgender Health and Wellness Center 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 Health and Wellness Center ("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 Operating Support for Transgender Health and Wellness Center 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: Operating Support for Transgender Health and Wellness Center. 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. Posr Off ice Box 2743 • Palm Springs, California 92263-2743 August?, 2018 Transgender Health and Wellness Center - Operating Support for Transgender Health and Wellness Center Page 2 of 72 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 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 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 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 Attorney. Transgender Health and Wellness Center - Operating Support for Transgender Health and W^JJlnetL Center Page 3 of 72 12. To the fullest extent permitted by law. Grantee shall defend (at Grantee's sole cost and expense) n TTI?''^3"J'l®ss City and City's Related Parties from and against any andall liabilities, actions, suits, claims, demands, losses, exists, 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, Grantees 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 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 ail 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 Health and Wellness Center - Operating Support for Transgender Health and Weljness Renter iiv Clerk CITY OF PALM SP uavia n. Ready City Manager AGREED Transgender Health and Wellness Center Byrthn/ni Name and Title Signature APPROVED BY CITY COUNCIL ly, . 7^\^, H<\ A3o. CERTIFICATE OF LIABILITY INSURANCE DATE(MMrDDrrYYY) 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). ^'RODUCER ; ui -i -j Afjencv Insurance Services f.lnnne Agency Corp dba '9' MaplewoodAve Waniewood NJ 07040 NAMEf*^ Margie Krahnert (e(»)re3.4775 (973)763.1635 ADDRESS: TikrahneiKgmarineagency.com INSURER(S) AFFORDING COVERAGE NAICP INSURER A: Certain Underwriters at Lloyd's. London inSURED Transgender Health and Wellness Center. Inc. 15431 Avenida Ramada Desert Hot Springs CA 92240 INSURER B: INSURER C: INSURER D: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: CL188118959 REVISION NUMBER: M 1 j to CERTIr V THAT THE POLICIES OP INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD iCATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS RTIETCATE 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 LTR :TYPE OF INSURANCE TSDUq UlSB. SUBR POLICY NUMBER POUCY EFF (MM/DD/YYYYl POLICY EXP IMM/DD/YYYYI UMITS X COMMERCIAL GENERAL UABILITY Cl.A(MS-MADE □ OCCUR X Professional EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence! MED EXP (Any one person) j Liability BABS18ig-1124 05/07/2018 05/07/2019 PERSONAL & ADV INJURY X i GRLGATr LIMH APPLIES PER ' OLiCv I I jEcf I I LOG OTHER GENERALAGGREGATE PRODUCTS • COMP/OP AGG Employee Benefits 1.000.000 100.000 5,000 1,000,000 3,000,000 3,000,000 AUTOMOBILE LIABILITY I At-JVAL'TO COMBINED SINGLE LIMITlEa accidemi BODILY INJURY (Per person) O'ANED •■.(.'TOP. ONLY liiRLO .'.I iroS ONLY SCHEDULED AUTOS NON-OWNED AUTOS ONLY BODILY INJURY (Per accident) PROPERTY DAMAGEtPer accidenil UMBRELLA LIAS EXCESS LIAB DEO OCCUR CLAIMS-MADE EACH OCCURRENCE AGGREGATE RETENTION S WORKERS COMPENSATIONI AND EMPLOYERS' LIABILITY I "NV PROPRIETOR/PARTNER/EXECUTIVE 1 FLiCER/lviEWaER EXCLUDED^j (Mandatory in NH) j I vi?s ilescfibe uiidei i •; SCRIPTION OF OPERATIONS Oelow PER STATUTE OTH ER □E.L. EACH ACCIDENT E L DISEASE - EA EMPLOYEE E L. DISEASE - POLICY LIMIT >E PC RIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACOR0101, Additional Remarks Schedule, may be attached If more spece 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 AEPRESENTAm(& ACORD 25 (2016/03)The ACORO name and logo are registered marks of ACORD marine agencuinsuranceINSURANCE SINCE 1922191 MAPLEWOOD AVENUEMAPLEWOOD, NEW JERSEY 07040W. DaWIItLSM 'COT01 M.)G'mPM <4 IFIRST-CLASS MAILneoposb08/01/2018 /I "70ZIP 07040041L11243453V"=«22s^O—30323 i Page 1 of 1■■I Alliance^□1 Member II Services 4 Htadfor f/ituronc*. 4 Htcft fot Nonofoftt*. serving HI ALLIANCE OF ILJI NONPROFITS FOR ■I INSURANCE Nonprofits Insurance ALllANCr. or CALirORNlA A Head for Insuranct. A Hoartfor Nottprofits. A Htadfor Insuranc*. A Htart for Nonprofits. P.O. Box 490S0, San Joss. CA 95161 -9050 Member# 55166 Phono: 760-218-4326 Email:thofni1clinton@gnnail.com Transgender Health and Wellness Center 16431 Avenida Rannada Deserl Hot Springs, CA 92240 Current Minimum Due: Payment Due Date; $235.36 08/09/2018 VISIT OUR SECURE WEBSITE AT www.lnsurancefornonprofit8.org to: - MAKE A PAYMENT: Pay your premium with a credit card / check (EFT) - GO PAPERLESS! Sign up to receive member statement notifications via email - View policies, 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: /Additional Premium: Return Premium: Adjustments: Finance Charge': Total Balance: 4 of 9 07/25/2018 $1,634.90 $-236.89 $0.00 $0.00 $0.00 $3.35 $1,401.36 -1'POLICY SUMMARY - ■■i -■ ■" ' V " icdtfler;.' Po^tiumber r-' Eflb^ye bescdptton Prevlblis ^ Balance '^^iedlST'i J:. NIAC 2018-55166 04/19/2018 General Liability, Auto Liability 631.00 0.00 -90.14 540.86 89.86 NIAC 2018-5S166-DO 04/19/2018 Directors and Officers 421.00 0.00 -60.14 360.66 59.86 NIAC 2018-55166-PROP 04/19/2018 Property 509.00 0.00 -72.71 436.29 72.29 QBE 2018-55166-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 1,401.36 235.36 j.; , ■ ■.recenttransactions- ■; ^ ■'Date cartiar ■:■ P6!ft«N5iRter-^vrEffecWa noB ji^AiaiviW DesalBlfiif' 07/11/2018 07/25/2018 Payment Received - Check ffOSIO Finance Charge -236.89 3.35 BILLING QUESTIONS PLEASE CONTACT: Felicia Frattini Phone: 800-359-6422 exL 6090 Email: ffrattini@insurancefbmonprofit8.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: paul.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:Thoml Clinton 16431 Avenida Ramada Desert Hot Springs. CA 92240 ^ CuiTOnifiaiiahii^r?^^^^$1,401.36 Total MinimumDue:$235.36 Payment Due Date:08/09/2018 Amount Enclosed: AMS (Alliance Member Services) P.O. Box 49050 San Jose, CA 95161-9050