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HomeMy WebLinkAboutA6733 - AGUA CALIENTE BAND OF CAHUILLA INDIANS - FUNDING AGR FUNDING AGREEMENT Anua Caliente Band of Cahuilla Indians THIS FUNDING AGREEMENT ("Agreement") is made and entered into this 27th day of July, 2015, by and between the City of Palm Springs, a California charter city and municipal corporation, (herein "City"), and the Ague Caliente Band of Cahuilla Indians, a California non-profit corporation, (herein "Recipient"). RECITAL A. The City and Recipient are mutually interested in the continued funding of the Richard M. Milanovich Legacy Hike event program to citizens in the Palm Springs community. B. The Recipient has agreed to provide such services to the Palm Springs community pursuant to the terms of this Agreement. C. Based on its experience and reputation, the Recipient is qualified to provide the services and desires to provide such services. D. City desires to support the services of Recipient. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, the parties hereto agree as follows: AGREEMENT 1. SERVICES OF RECIPIENT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Recipient agrees to provide goods and services to citizens in the Palm Springs community ("Services"), as shown in Exhibit A attached hereto and incorporated herein by this reference. 1.2 Compliance with Law. All services rendered under this Agreement shall be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of City and any federal, state, or local governmental agency of competent jurisdiction. 1.3 Licenses and Permits. Recipient shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 1.4 Promotional Literature. In the event Recipient distributes promotional literature advertising the Services, City shall be acknowledged as a sponsor of the Services. 1.5 Volunteer Coordination. To the extent reasonable, if requested by City, Recipient agrees to notify its employees, members and volunteers of opportunities to volunteer at City events. t 2. COMPENSATION OF RECIPIENT 2.1 Compensation of Recipient. City agrees to provide Recipient with funding in an amount not to exceed Five Thousand dollars ($5,000.00) to be used for providing the Services. 2.2 Method of Payment. City will provide Recipient with funding within thirty (30) days of receipt of an invoice from Recipient. 2.3 Changes. In the event any change or changes to the Services is requested by City, the parties hereto shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional funding. 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Recipient shall complete the Services no later than September 19, 2015. Any remaining unused funds after June 30, 2016 shall be returned to City. 3.3 Force Maieure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Recipient, including, but not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if Recipient shall within ten (10) days of the commencement of such condition notify the Contract Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 8.5 of this Agreement, this Agreement shall continue in full force and effect for a period of twelve months, commencing on July 1, 2015, and ending on June 30, 2016 unless extended by mutual written agreement of the parties. 4. COORDINATION OF WORK 4.1 Representative of Recipient. The following principal of Recipient is hereby designated as being the representative of Recipient authorized to act on its behalf with respect to the Services specified herein and make all decisions in connection therewith: Betty Callies, Executive Director, Tribal Administration. 4.2 Contract Officer. The Contract Officer shall be the City Manager, or his/her designee. Unless otherwise specified herein, any approval of the City required hereunder shall mean the approval of the Contract Officer. 2 4.3 Prohibition Against Subcontracting or Assignment. Recipient shall not contract with any other individual or entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Recipient, its agents or employees, perform the services required herein, except as otherwise set forth herein. Recipient shall perform all services required herein as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Recipient's work product, result, and advice. Recipient shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5. INDEMNIFICATION. To the fullest extent permitted by law, Recipient shall defend (at Recipient's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified 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 injuries to or death of persons (Recipient's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Recipient, its officers, employees, representatives, and agents, which Claims arise out of or are related to Recipient's negligence or willful misconduct in the performance of this Agreement, but excluding such Claims arising from the negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Recipient's indemnification obligation or other liability hereunder. 6. RECORDS AND REPORTS 6.1 Reports. Recipient shall prepare and submit to the Contract Officer a report concerning the performance of the Services required by this Agreement within thirty (30) days of completion of the Services or upon expiration of this Agreement, whichever occurs first. 6.2 Records. Recipient shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Cost Records. Recipient shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs 3 incurred while performing under this Agreement and shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies thereof shall be promptly furnished to City upon request. 7. ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Recipient covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Recipient. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.3 Riahts and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.4 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 7.5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Recipient, except that where termination is due to the fault of Recipient and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Recipient shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Recipient shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Recipient may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Recipient, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the 4 Recipient or its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Covenant Against Discrimination. Recipient covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. 8.3 Political Use/Lobbying. Recipient covenants that the funds provided by City pursuant to this Agreement will not be used for political advocacy or lobbying purposes. 9. MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. To City: City of Palm Springs Attention: City Manager 3200 E. Tahquitz Canyon Way Palm Springs, California 92262-6959 To Recipient: Agua Caliente Band of Cahuilla Indians Attention: Betty Callies, Executive Director Tribal Administration 5401 Dinah Shore Drive Palm Springs, CA. 92264 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be 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 phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said 5 parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. CITY OF PALM SPRINGS, a municipal corporation ATTEST: By: h James Thompson, Chief of Staff/City vid H. Ready, City Manager Clerk APPROVED FORM: By: Douglas . Holland, City Attorney "RECIPIENT By. Betty C Ilies, Executive Director Tribal Administration Date: e EXHIBIT "A Event Sponsorship Benefits The City will receive the following per this funding agreement: • Logo on the website at www.acbci.com/charitvhike under sponsors • 16 hike entries with all hikers receiving a free hiking belt and other giveaways • Logo will be placed on the welcome banner at the celebration area • Get to select a trail that the City would like to be named as a sponsor for event 7 AGUA CALIENTE BAND OF CAHUILLA INDIAM TWAL ADMISTRATIOn Mayor Steve Pougnet City of Palm Springs 3200 EastTahquitz Canyon Way Palm Springs,CA 92262 Dear Mayor Pougnet: On behalf of the Agua Caliente Band of Cahuilla Indians, please accept my sincere appreciation for your participation in the Tribes'inaugural Richard M. Milanovich Hike for Human Rights held In our beautiful Indian Canyons in September of 2014. The hike drew over 400 hikers and dignitaries throughout Coachella Valley and Washington DC. The hike was extremely successful in its first year largely due to City of Palm Spring's tax deductible donation of$5,000. The overwhelming generosity of both corporations and individuals allowed us to distribute$30,000 to two local non-profit organizations. The Agua Caliente Cultural Museum and the Human Rights Campaign Foundation each received$15,000. The 2nd Annual Richard M. Milanovich Legacy Hike is scheduled for Saturday,September 19,2015. The proceeds of the 2015 hike will be dedicated to the creation of a new educational fellowship,the "Richard M. Milanovich Fellowship"after our late Chairman Milanovich,a great Tribal leader,and will provide a Native American student with the opportunity to study for one semester at George Washington University in Washington DC with an emphasis on education and support of Native American issues on Capitol Hill. We invite you to once again join us for this exciting event. We ask the City to consider once again a $5,000 sponsorship in support of this worthy cause. Sponsorship information is attached listing the details of the ASWET(Eagle)Sponsorship,Including the City's name on a Trail, 16 hike entries and more. Just visit the website at www.acbci.com/charitvhike click on pick your trail and determine which hike the City would like to name. Palm Canyon trail has already been selected and there are 4 remaining to choose from. Last year the Palm Springs Police Department hiked the Victor Trail. Thank you again for your support. We hope that the City of Palm Springs will once again support this worthy cause. Best*Callies Bett Executive Director Tribal Administration AGUA CALIENTE BAND Or CAHUILLA INDIANS 5401 DINAH SHORE DRIVE, PALM SPRINGS, CA 92264 WWW.AGUACALIENTE.NSN.GOV