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CONTRACT 7349 Vender AgreementAgreement No. 7349 CULTURAL DEVELOPMENT FUND GRANT AGREEMENT Grantee Name ("Grantee"): Sean O'Brien DBA Gundo Pride Telephone No. (985) 807-8539 Email: smobrienla@gmail.com Grantee's Project Contact: Sean O'Brien Title: Co -Organizer Organization Status (Check One): Nonprofit [ ]` For Profit [X] *(If a nonprofit, attach proof of nonprofit status) Description of Organization: Founded in 2024, Gundo Pride is a community organization based in El Segundo. Last year, the organization presented the City's largest Pride event to date —bringing together local businesses, residents, and people of all ages in celebration. In addition to hosting this year's Pride event, the organization aims to expand its impact by building partnerships with regional LGBTQIA+ organizations and connecting with LGBTQIA+ clubs within El Segundo schools. Description of Program/Project: El Segundo LGBTQ+ Pride Celebrating Visibility, Belonging, and Community During Pride Month. Public art purpose satisfied by Program/Project: The El Segundo LGBTQ+ Pride event, fulfills a public art purpose by creating an inclusive and celebratory space that amplifies LGBTQIA+ voices through community engagement and visibility. As the city's largest Pride celebration to date, the event brings together residents, local businesses, and regional partners to honor diversity and foster belonging. Through public performances, creative displays, and collaborative programming during Pride Month, the project transforms shared spaces into vibrant expressions of identity, inclusion, and community pride. Contract Start Date: 6/112025 Contract End Date: 6129/2025 Total Grant Amount: $3.500.00 USD Grantee represents and warrants that: • The undersigned has the authority to execute this Agreement and to bind Grantee. • The undersigned has read the attached Terms and Conditions and agrees thereto. • Financial and program records will be maintained for a minimum of three years. • The grant funds will be used for the program/purpose specified above and will only be spent within the Contract Period. • All unused funds will be returned to the City at the end of the Contract Period. CITY OF EL SEGUNDO Aly Mancini, 4oreetfgin, Parks & Library Director ATTEST: Susan Truax City Clerk APPROVED AS TO FORM: Daarid. (King, Assistant City Attorney (Gundo Pride) (Signature) Sean O'Brien, Gundo Pride Co -Organizer (Printed Name/Title) Agreement No. 7349 CULTURAL DEVELOPMENT FUND GRANT AGREEMENT TERMS AND CONDITIONS function of responsibility in connection with the program has personal 1. GRANT interest, direct or indirect, in the Agreement, except to the extent he may The full amount of the grant from CITY is payable to GRANTEE upon receive compensation for his or her performance pursuant to this execution of the Agreement. Agreement. 2. INDEPENDENT CONTRACTOR GRANTEE shall perform all services included in this Agreement in an independent capacity and neither GRANTEE nor GRANTEE's employees shall be considered as employees of the CITY. This Agreement is by and between the GRANTEE and the CITY and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between the CITY and the GRANTEE. 3. ENTIRE AGREEMENT This document constitutes the entire Agreement between the CITY and the GRANTEE with respect to the grant. 4. ASSIGNMENTS AND SUBCONTRACTS GRANTEE may enter into subcontracts for performance of portions of this Agreement only upon receipt of prior written consent of the Recreation, Parks & Library Director ("Director') or designee. All appropriate provisions and requirements of this Agreement shall apply to the sub -agreement. GRANTEE is responsible for the performance of any subcontractor. 5. INDEMNIFICATION GRANTEE agrees to indemnify, defend and hold harmless the CITY, its agents, officers, officials, and employees from and against any and all liability, expense, including defense costs and legal fees, and claims For damages of any nature whatsoever, including, but not limited to bodily injury, death, personal injury, or property damage arising from or connected with GRANTEE's operations, services, or actions hereunder, including any workers' compensation suits, Federal Fair Labor Standards Act violations, liability, or expense, arising from or connected with services performed or actions taken by or on behalf of GRANTEE by any person pursuant to this Agreement. This obligation set forth in this section will survive any termination of this Agreement. 6. INSURANCE Without limiting GRANTEE's indemnification of CITY, the GRANTEE shall provide and maintain, at its own expense, insurance coverage satisfying the requirements specified in this Agreement. Such insurance shall be provided by insurer(s) satisfactory to the CITY's City Manager or designee and evidence of such programs satisfactory to the CITY shall be delivered to the Director on or before the effective date of this Agreement. The Risk Manager, City Manager, or City Manager's designee have the authority to modify or waive these insurance requirements. These minimum insurance coverage terms, types and limits also are in addition to and separate from any other contractual obligation imposed upon the GRANTEE pursuant to this Agreement. All such insurance, except for Workers' Compensation, shall be primary to and not contributing with any other insurance or self-insurance coverage maintained by the CITY and shall name the CITY, its elected and appointed officials, employees, and volunteers as an additional insured. Neither the CITY's failure to obtain, nor the CITY's receipt of, or failure to object to a non -complying insurance certificate or endorsement, or any other insurance documentation or information provided by the GRANTEE, its insurance broker(s) and/or insurer(s), shall be construed as a waiver of any of the insurance coverage requirements. GRANTEE shall insure the following insurance coverage as it applies to this Agreement: A. Commercial General: Providing scope of coverage equivalent to ISO policy form CG 00 01, with limits of not less than $1 million per occurrence. B. Workers' Compensation: Insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California, and which specifically covers all persons providing services by or on behalf of GRANTEE and all risks to such persons under this Agreement and including Employers' Liability coverage with a $1 million per limit. 7. RECORDS RETENTION AND INSPECTION Within ten days of CITY's written request, GRANTEE shall allow CITY access to financial and program records during regular business hours at any place GRANTEE keeps those records. 8. CONFLICT OF INTEREST GRANTEE covenants that neither the GRANTEE nor any of it agents, officers, its employees, or sub -contractors who presently exercise any GRANTEE, its agents, officers, employees, and subcontractors shall comply with all applicable Federal, State and City laws and regulations governing conflict of interest. 9. ASSURANCES GRANTEE certifies as follows: A. Civil Rights: GRANTEE shall abide by the provisions of the Title VI and VII of the Civib Rights Act of 1964, as amended, 42 U.S.C. Sections 2000e (17)„ (P.I., 88-353), and applicable Federal and State laws, rules and regWations prohlWiing discriminatlon under any program activity or employment for which GRANTEE received funding under this Agreement, Any subcontracts awarded by GRANTEE that will be funded in whole or in part with the grant funds must contain this provision. B. Prohibited Actions: GRANTEE agrees not to engage in or permit any religious proselytizing or political propagandWrig in connection with true performance of this Agreement. GRANTEE agrees to comply with the provision of the Federal Hatch Act (5U,S.0Section 1501 el seq), as amended, and with Section 675 (e) of Subtitle B of Title Vi of Pub. L. 97- 5, which limits political activity of certain State and local employees, and will) 31 LI S.C. Section 1352, and with Section 319 (a)(1) ofTitle ill of Pub. t. "10'1.121 (which prohibits use of Federal funds to influence the award of Federal contracts or grants). 10. SUSPE SON' AND TERMINATIO GRANTEE agrees to suspend itm niediately upon written notice of suspension from the Director, any program operations that are funded in whole or in part with the grant funds. This provision will be applied it, in the judgment of the Director, circumstances exist which could result in illegal or inappropriate expenditures of grant funds or If CITY reasonably believes GRANTEE has 4npropedy performed under this Agreement. Either party may terminate this agreement or any part hereof by giving five days' written notice to the other. 'T"'he Director or designee may terrninate this Agreement immediately by written notice to the GRANTEE upon GRANTEE's failure W comply with the provlssorls of this Agreement. If this Agreement is terminated GRANTEE. shall within two business days of receipt of notice of termination from CtTY„ notify all other parties who are subcontractors of the GRANTEE of such termination. In 0he event of termination. GRANTEE shall, within five business days, return all unexpended grant funds to CITY.. Agreement No. 7349 CULTURAL DEVELOPMENT FUND GRANT AGREEMENT TERMS AND CONDITIONS 11. CITIZENSHIP GRANTEE warrants that it fully complies with all laws regarding employment of aliens and others, and that all its employees performing services hereunder meet citizenship or alien status requirements contained in Federal statutes and regulations. GRANTEE shall indemnify, defend and hold harmless, the CITY, its officers and employees from employer sanctions and any other liability which may be assessed against the GRANTEE or CITY, or both, in connection with any alleged violation of Federal statutes or regulations pertaining to the eligibility for employment of persons performing services under this agreement. 12. FINAL REPORT GRANTEE shall complete and submit a report to the Director ("Final Report") under penalty of perjury to identify the goals, objectives and specific activities stated in the Agreement, and to certify that the contract satisfied a community need of the CITY. Further, the Final Report shall identify the actual expenses incurred and state the amount of unused funds to be returned to the CITY, if any. GRANTEE shall provide receipts and/or a budget to specify how funds were expended. This obligation set forth in this section will survive any termination of this Agreement. 13. ELECTRONIC OR DIGITAL SIGNATURES, This Agreement may be executed with electronic signatures in accordance with Government Code § 16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature. 14. NOTICES Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice by email, or upon such party deposited in the custody of the United States Postal Service addressed as follows: Grantee: Attn: Sean O'Brien (Co -Organizer) Gundo Pride 136 Concord St., Apt. 201 El Segundo, CA 90245 gtL City of El Segundo Attn: Aly Mancini, Director 350 Main Street El Segundo, CA 90245