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HomeMy WebLinkAboutA6385 - THE WELL IN THE DESERT INC - NUTRITIONAL & OUTREACH SERVICESCity of Palm Springs 3200 H. Tahquirz Canyon Way • Palm Springs, C.alifornia 92262 palmspringsai.gov August 7, 2018 VIA UNITED STATES MAIL AND E-MAIL Arlene Rosenthal Well in the Desert 441 8. Calle Encilia Palm Springs, CA 92263 CZ CD cn tNsD rosel 944@aol.com Re; Letter Agreement, 2018-19 Grant from City of Palm Springs to Well in 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. Well in 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: $75,000 cash grant & up to $3,500 in-kind support of the Operating Support for Well in the Desert 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 Well in the Desert. 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: Arlene Rosenthal, President. Post Office Box 2743 • Palm Springs, California 92263-2743 August 7, 2018 Well in the Desert - Operating Support for Well in the Desert 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. August 7, 2018 Well in the Desert - Operating Support for Well in the Desert Page 3 of 72 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 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 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. AGREED Well in the Desert August 7, 2018 Well in the Desert - Operating Support for Well in the Desert Page 4 of 72 CITY OF PALM SPRINGS David H. Ready, Phi City Manager By:Ac lew^ \.C,u Name and Title Signature APPROVED BY GUY COUNCIL AC^Rcf CERTIFICATE OF LIABILITY INSURANCE OATE(MUJDD/YYVY) 8/15/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIRCATE 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 tNSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTtFICATE HOLDER. IMPORTANT: If the certificate hotdar is an ADDITIONAL INSURED, the pc1icy(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 ENIPLOYERS CHOICE INS SVCSINC 2111 S El Camino Real #201 Oceanslde, CA 92054 CONTACT NAME: S)c*^ E.n: (760)431-0947 rAc.Noh (760)687-4007 aI^ss: vmula®wkcomD.net INSURERIS) AFFORDING COVERAGE NAICS INSURER A: Colonv Insurance Co. INSURED Well in the Desert PO Box 5312 Palm Snrinas. CA 30013 INSURER B: Scottsdalo Insufcince Co. INSUtERC: INStMERD: INSURERB: INSURERF: COVERAGES CERTtFICATE NUMBER;REVISION NUMBER: IN8R JLIB. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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 SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. "PoucYErrTYPEOFMSURANCe ADOL SUBR, POUCY NUMBgR wucYpy UMTSUfsmaoiaaasissiam COMMERCIAL GENERAL UABIUTY J CLAIMS-MADE OCCUR G^L AGGREGATE LIMIT APPUES PER: CZIlocPOUCYCZI JECTPRO- OTHER EACH OCCURRENCE TBOmfie TO RENTED PRS!4S§SlEM85eeseeL 101 GL 0020939 6/10/2016 6/10/2019 MED EXP (Any one pcion) PERSONAL & AOV INJURY GENERAL AGGREGATE PRODUCTS • COMP/OP AGO 1.000.000 50.000 5.000 1.000.000 2.000.000 2.000.000 AUTOMOBILE UABIUTY ANY AUTO OWNED AUTOS ONLY HIRQl AUTOS ONLY COMBlNEtrStr^GLE UMIT' JEfiASSteai BODILY INJURY (Per penon) SCHEDULED AUTOS NON-OWNED AUTOS ONLY BODILY INJURY (Per ocddeftl) PROPERTY D^dE lPg.fi25^Jl UMBRELLA UAB EXCESS LIAB 1— DEO RETE OCCUR CLAIMS-MADE EACH OCCURRENCE AGGREGATE NTIONS WORKERS COMPENSATION AND EMPLOYERS'LIABILITY w,» ANYPROPRIETOR/PARTNERIEXECUTIVE j 1 OFFICEIVMEMSER EXCLUD60T (Mendelory In NH) lives, describe under OfeCRlPTICN OP OPERATIONS betew I |6VH.STATUTE 1 ER N/A EL EACH ACCIDENT EL DISEASE • EA EMPLOYEE EL DISEASE • POUCY UMIT B Directors & Officers EKi3240477 12/10/2017 12/10/2018 Aggregate Each Claim 1,000,000 1,000,000 OESCRIPTIGN OF OPERATIONS / LOCATIONS / VEHICLES (ACORD101, AcWKIonal Retnaiks Schedule, msy be ittached H more spece It required) The City of Palm Springs Hs ofRclals, employns, and agents are named at additional Insured on the general Uablilty policy. Stiould any of the atrovo dtscitbed potlelas Im canceled licfora the expiration date thereof, tlw Issuing compeny will mail 30 days written notice of the Certlfkata Holder named. i^C'O CERTIFICATE HOLDER CANCELLATION The City of Palm Sprin City Attorney Po 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. AUTKORiZEO REPRESENTATIVE r\ f 1 n ACORD 25 (2016/03) 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 2010 0413 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 follov^ing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizat!on(s)Location(s) Of Covered Operations City of Palm Springs Po box 2743 Palm Springs, OA 92262 588 Rosa Parks Rd Palm Springs. CA 92262 Information required to complete this Schedule, If not shown above, will be shown in the Declarations. and we will not seek contribution from any other Insurance available to that additional Insured. 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 Insuredfs) at the locatlon(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. \Mth respect to the Insurance afforded to These addlb'onal 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 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. CG 20 10 04 13 © Insurance Services Office. Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is r^uired by a contract or agreement, the most we v\nll pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 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. Page 2 of 2 ® Insurance Services Office, Inc.. 2012 CG 2010 0413 WEINGARTEN & HOUGH PO BOX 1866 PALM SPRINGS, CA 92263 PRO9RE111YE' COMMERCIAL 646109 30271 1 AB 0.547 PPACSO4A 080 030271 CITY OF PALM SPRING PO BOX 2743 PALM SPRINGS, CA 92262 III I"I I1 1 1111 111 111111111 1 1 111'Il'1 111' Additional insured endorsement Name of Person or Organization CITY OF PALM SPRING PO BOX 2743 PALM SPRINGS, CA 92262 Policy number: 02892111 Underwritten by: United Financial Cas Co Insured: WELL IN THE DESERT February 25, 2024 Policy Period: Feb 25, 2024 - Feb 25, 2025 Mailing Address United Financial Cas Co PO Box 94739 Cleveland, OH 44101 1-800-444-4487 For customer service, 24 hours a day, 7 days a week This endorsement modifies insurance provided under the commercial auto policy and any endorsements thereto affording liability coverage. The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page and showing liability coverage. Limit of liability Bodily Injury Not applicable Property Damage Not applicable Combined Liability $1,000,000 each accident All other terms, limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number: 02892111 Issued to (Name of Insured): WELL IN THE DESERT Effective date of endorsement: February 25, 2024 Policy expiration date: February 25, 2025 Form 1198(07/16) RECEIVED MAR G 5 2024 City Hall Reception Desk WEINGARTEN & HOUGH PO BOX 1866 PALM SPRINGS, CA 92263 CITY OF PALM SPRING PO BOX 2743 PALM SPRINGS, CA 92262 Additional insured endorsement Name of Person or Organization CITY OF PALM SPRING PO BOX 2743 PALM SPRINGS, CA 92262 PRDGREIIIVE. COMMERCIAL Policy number: 02892111-7 Underwritten by United Financial Cas Co Insured: WELL IN THE DESERT February 28, 2023 Policy Penod. Feb 25, 2023 • Feb 25, 2024 Mailing Address United Financial Cas Co PO Box 94739 Cleveland, OH 44101 1-800-444-448 7 For customer service, 24 hours a day, 7 days a week The person or organization named above is an insured with respect to such liability coverage as is affordedby the policy, but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page. Limit of Liability Bodily Injury Property Damage Combined Liability Not applicable Not applicable 1,000,000 each accident All other terms, limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number: 02892111-7 Issued to (Name of Insured): WELL IN THE DESERT Effective date of endorsement: 02/25/2023 Policy expiration date: 02/25/2024 Form 1198(01.04) RECEIVED MAR O 6 2023 CityHall AecmtioT1lDesk