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HomeMy WebLinkAboutA6403 - BOYS & GIRLS CLUB OF PALM SPRINGS FUNDING AGRCity of Palm Springs 3200 E. Tahqiiitz Canyon Way • Palm Springs, California 92262 palinspringsca.gov August 7, 2018 VIA UNITED STATES MAIL AND E-MAIL Andrea Madrigal Boys & Girls Club of Palm Springs 450 S. Sunrise Way Palm Springs, CA 92262 amadrlaal@bacDS.ora Re: Letter Agreement. 2018-19 Grant from City of Palm Springs to Boys & Girls Club of Palm Springs 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, Boys & Girls Club of Palm Springs ("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: $25,000 cash grant in support of the Operating Support for the Boys & Girls Club 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 retum 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 the Boys & Girls Club. 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: Andrea Madrigal. CEO. Post Office Box 2743 • Palm Springs, California 92263-2743 August 7. 2018 Boys & Girls Club of Palm Springs - Operating Support for the Boys & Girls Club Page 2 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 Attomey. August 7. 2018 Boys & Girls Club of Palm Springs - Operating Support for tfie Boys & Girls Club 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 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: employrnent. 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. Clerk August 7, 2018 Boys & Girls Club of Palm Springs - Operating Support for the Boys & Girls Club Page 4 CITY OF PALM SPRINGS AGREED Boys & Girts Club of Palm Springs David H. Ready, PhD City Manager Name and Tttfe J (Bignatuf©^ APPROVED BY CITY COUNCIL j/KCOKD' BOYSCLU-02 CERTIFICATE OF LIABILITY INSURANCE DNIELSEN DATE (MM/DD/YYYY) 08/07/2018 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 poiicies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0757776 HUB International Insurance Services Inc. 77564 Country Club Drive, Suite 401 Palm Desert, CA 92211 CONTACT Diane Nielsen Ta/c.'no. Ext): (780) 360-4700 4742 no):(760) 200-9706 ADDRkss;diane.nieisen(ghubinternational.com INSURERIS) AFFORDING COVERAGE NAIC# INSURER A :Markel Insurance Comoanv 38970 INSURED Boys & Girls Club of Palm Springs 450 S Sunrise Way Palm Springs, CA 92262 INSURERS:National Casualtv ComDanv 11991 INSURERc:Arch Insurancc ComDanv 11150 INSURER D: INSURER E: INSURER F: 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 POUCY NUMBER POLICY EPF IMM/DD/YYYYI POLICY EXP IMM/DD/YYYYI UMITS A X COMMERCIAL GE NERAL UABIUTY )E 1 X 1 OCCUR X 8502CY07717019 01/01/2018 01/01/2019 EACH OCCURRENCE 3 1,000,000 CLAIMS-MAC DAMAGE TO RENTED PREMISES lEa occurrence! s 100,000 MED EXP (Anv one oerson)s 5,000 PERSONAL & ADV INJURY 3 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE 3 3,000,000 POLICY 1 1 JgSf [2^ LOC OTHER: PRODUCTS - COMP/OP AGG 3 1,000,000 s A AUTOMOBILE UABIUTY 1002CY03212522 01/01/2018 01/01/2019 COMBINED SINGLE LIMIT lEa accident! 3 1,000,000 X ANY AUTO HEDULED TOS Tom? BODILY INJURY (Per oerson!s OWNED AUTOS ONLY HIRED AUTOS ONLY SO AU BODILY INJURY (Per accident)s X X NC Al PROPERTY DAMAGE (Per acadent)$ s A X UMBRELLA UAB EXCESS LIAB X OCCUR CLAIMS-MADE 4602CY25315014 01/01/2018 01/01/2019 EACH OCCURRENCE 3 10,000,000 AGGREGATE 3 10,000,000 DED X RETENTIONS 10,000 s B WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY y, ANY PROPRIETOR/PARTNER/EXECUTIVE 1 1 OFFICER/MEMBER EXCLUDED?(Mandatory In NH) ' ' If yes. describe under DESCRIPTION OF OPERATIONS below N/A WCNCCQ101430500 06/01/2018 06/01/2019 y PER OTH- ^ STATUTE ER E.L. EACH ACCIDENT 3 1,000,000 E.L. DISEASE - EA EMPLOYEE 3 1,000,000 E.L. DISEASE - POLICY LIMIT 3 1,000,000 A C Sexual Misconduct Directors and Office 8S02CY07717019 NFP0121285-01 01/01/2018 12/01/2017 01/01/2019 12/01/2018 Limit Limit 1,000,000 5,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) RE: Letter Agreement, 2018-19 Grant from City of Palm Springs to Boys & Girls Club of Palm Springs City of Palm Springs, its elected officials, officers, employees, agents and volunteers are named as additional insured. Primary & Non-Contributory Applies CERTIFICATE HOLDER CANCELLATION City of Palm Springs Attn; City Clerk P O Box 2743 Palm Springs, CA 92262 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)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and iogo are registered marks of ACORD