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HomeMy WebLinkAboutA6714 - LGBT COMMUNITY CENTER OF THE DESERT - FUNDING AGRCity of Palm Springs 3200 E. Tiihquiri Canyon Way • Palm Sprinas, C'alitornia 92262 palmspringsca.gov August 7, 2018 VIA UNITED STATES MAIL AND E-MAIL Mike Thompson The LGBT Community Center of the Desert 1301 N. Palm Canyon Drive Suite 301 Palm Springs, CA 92262 mike@thecenterps.ora Re: Letter Agreement, 2018-19 Grant from City of Palm Springs to The LGBT Community Center of the Desert 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, The LGBT Community Center of the Desert ("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: $10,000 cash grant in support of the The Community Food Bank @ The 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: The Community Food Bank @ The 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: Mike Thompson, CEO. Post Off Ice Box 2743 • Palm Springs, C'nlifornia 92263-2743 August?, 2018 The LGBT Community Center of the Desert - The Community Food Bank @ The Center 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 Paim 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 Attomey. August?, 2018 The LGBT Community Center of the Desert - The Community Food Bank @ The Center 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, (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 emors 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 The LGBT Community Center of the Desert - The Community Food Bank @ The Center Page 4 CITY OF PALM SPRINGS City Clerk David H. Ready, PhDDavid H. Ready, PhD AGREED The LGBT Community Center of the Desert Bv: dtffp Name and Title City Manager re approved by CITY COUNCIL TV " ^rvkac4~ No- ^(^'71'/ yXCOREf CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 08/08/2018 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 POUCIES 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 NFP Property & Casualty Services, inc. 400 8 Farrell Drive. Suite B170 Palm Springs OA 92262 NAM™''^ NFP Property & Casualty Services. Inc. PHONE FAX (A/C.No.Ext): (A/C.No): ADE^ss- servicePAL@nfp.eom INSURER(S) AFFORDING COVERAGE NAICS INSURER A: Profits Insurance Alliance of Califomia NIAC INSURED THE LGBT COMMUNITY CENTER OF THE DESERT 1301 N. Palm Canyon Dr.. Ste. 301 Palm Springs CA 92262 INSURER B * Nationwide Mutual 23787 INSURER c: Comp. ins. Fund 35076 INSURER D; INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 2017-2018 Liability 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. IRsIT LTR VWD PoUcY EPF (MM/DD/YYYY) P6UCY 6XP (MM/DD/YYYY)TYPE OF INSURANCE TtDDC INSD POLICY NUMBER UMITS X COMMERCIAL GENERAL LIABtUTY CLAIMS-MADE X OCCUR EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) 2017-22073 11/20/2017 11/20/2018 PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: PRO JECTPOLICY'□?|gF □ OTHER: GENERALAGGREGATE PRODUCTS - COMP/OP AGG Host Liquor Liability 1.000,000 500.000 20.000 1.000.000 2.000,000 2.000.000 S 1.000.000 AUTOMOBILE UABIUTY ANY AUTO X COMBINED SINGLE UMIT(Ea accident)S 1.000.000 BODILY INJURY (Per person) OWNED AUTOS ONLY HIRED AUTOS ONLY X X SCHEDULED AUTOS NON-OWNED AUTOS ONLY ACP3036840525 09/15/2017 09/15/2018 BODILY INJURY (Per accident) PROPERTY DAMAGE(Per accident) APLUS X UMBRELLA UAB EXCESS LIAB X OCCUR CLAtMS-MADE EACH OCCURRENCE 1.000.000 2017-22073-UMB 11/20/2017 11/20/2018 AGGREGATE 1,000,000 DED X RETENTION S WORKERS COMPENSATION AND EMPLOYERS- UABIUTY ANY PROPRIETOR/PARTNER/EXECUTtVE OFFICER/MEMBER EXCLUDED?(Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below OTH ER □9146928-2017 11/27/2017 11/27/2018 E.L EACH ACCIDENT 1.000.000 E.L. DISEASE - EA EMPLOYEE 1.000.000 E.L. DISEASE - POLICY LIMIT 1.000.000 improper Sexuai Conduct Sociai Sen/ice Professionai Liability 2017-22073 11/20/2017 11/20/2018 $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD101. Additional Romarlts Schedule, may bo attached if moro space is required) Certificate holder is named as additional insured if indicated by "Y" above. Additional insured status applies only to the extent that the work is performed under or subject to a written agreement or contract. The policy provisions govern in ail situations. Re: $10,000 cash grant in support of the The Community Food Bank @ The Center CERTIFICATE HOLDER CANCELLATION City of Palm Springs SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3200 E. Tahquitz Canyon Way AUTHORIZEO REPRESENTATIVE Palm Springs I CA 92262 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 2017-22073 COMMERCIAL GENERAL LIABILITY Named Insured: The LGBT Community Center of the Desert dba: The C CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Locatlon(s) Of Covered Operations Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. All insured premises and operations. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CG 2010 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 4 c. 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance; 2. Available under the applicable Limits of Insurance shown in the Declarations: whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or CG 2010 0413 Insurance Services Office, Inc., 2012 Page 2 of 4