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Volunteer Center of Riv Co/211 Calls 10MEMORANDUM OF UNDERSTANDING between VOLUNTEER CENTER OF RIVERSIDE COUNTY (VCRC) And THE CITY OF LA QUINTA (City) For Information and Referral Services via toll -free or 211 Number WHEREAS, the City desires VCRC to provide information and referral services to callers, toll -free, via 211 or an 800 number (800-464-1123); and WHEREAS, people in need require 24-hour response to their inquiries about local health and human services; and WHEREAS, VCRC has the experience and ability to provide such services; and WHEREAS, the City and the VCRC wish to enter into an agreement whereby VCRC will furnish such services; NOW THEREFORE, the City and the VCRC mutually agree to the following terms and conditions: I. VCRC RESPONSIBILITIES A. Provide all equipment necessary for the performance of this agreement and shall be responsible for the maintenance of said equipment. B. Maintain an up-to-date database of community health and human services for Riverside County. C. Employ trained Information and Referral Specialists to take calls from the public in search of services and refer callers to appropriate agencies to meet their needs. D. Provide service 7 days a week, 24 hours per day. E. Coordinate collaborative efforts to help communities build capacities for meeting the health and human service needs of the public. F. Identify gaps in services and inform funders and service providers about those gaps. G. Educate the public about available services. H. Work with the City officials to establish a protocol for non -emergency information and referral during disasters. I. Provide annual service reports of information and referral requests from zip codes within the City limits. J. Will provide City with 211 literature for distribution when available. II. CITY RESPONSIBILITIES: A. Refer callers to appropriate agencies and services to meet their needs, including 211 Riverside County. B. Work with 211 staff to inform City staff about 211 as a service to the residents. C. Distribute 211 information to residents at City locations when appropriate. 1 III. MUTUAL RESPONSIBILITIES A. The City and VCRC will strive to educate the community about access to community resources. B. The City and VCRC agree to communicate regularly and nurture our collaboration. C. The City and VCRC may work together to develop an effective community plan for sharing information in local disasters. IV. FISCAL PROVISIONS A. The City agrees to pay VCRC an annual fee, based on $.13 per capita for the services to be performed hereunder. B. The City agrees to pay annually, unless some other method of payment is mutually agreed to in writing. C. VCRC agrees to submit annual invoices to the City by June 30`h. V. INDEPENDENT CONTRACTOR In the performance of the obligations under this agreement, it is understood and agreed that VCRC is at all times acting and performing services as an independent contractor, and the City shall exercise no control or direction over the manner and means by which VCRC performs its obligations under this contract, except as herein stated. VCRC will report to a contract administrator appointed by the City. All persons employed by or volunteering for VCRC in the performance of VCRC's services and functions shall be considered employees, volunteers, and agents of VCRC. No person employed or volunteering for VCRC shall be entitled to a City pension, civil service, or any status or right, nor shall he or she be deemed to be a City employee as a result of this Agreement. Additionally, all persons employed by or volunteering for VCRC shall not represent themselves to be affiliated with the City. VI. INDEMNIFICATION VCRC promises and agrees to defend, protect, indemnify, and save harmless the City, its officers, agents, and employees, from and against any, and all claims, demands, and liability for damages for personal injury or property damage suffered by reason of any act or omission of VCRC, or VCRC's employees, volunteers, agents, or contractors, or by reason of any dangerous or defective condition caused or permitted by VCRC or VCRC's employees, volunteers, agents, or contractors. The City promises and agrees to defend, indemnify, and save harmless VCRC, its officers, employees, and volunteers from all claims, demands, and liability for damages for personal injury or property damage suffered by reason of any act or omission of the City or the City's officers or employees, or by reason of any dangerous or defective condition caused or permitted by the City or the City's officers or employees, except where such action, omission, or condition is caused by or is the result of an action, 2 omission, or request of VCRC or VCRC's officers, employees, or volunteers or is alleged to arise out of the execution of this Agreement. VII. INSURANCE A. VCRC shall secure and maintain throughout the contract period and any extensions thereof, professional liability insurance, public liability insurance, property damage, and vehicle liability insurance effective as of the effective date of this Agreement, and shall be protected from claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations from this Agreement. Said insurance shall be maintained in full force and effect during the term of the Agreement or renewals or extensions thereof. Such a policy shall be for not less than $1,000,000, for injuries, including accidental death, to anyone person and, subject to the same limit for each person, in an amount not less than $1,000,000 on account for any one occurrence, and $1,000,000 for property damage, and shall be placed with a company authorized to conduct business in the State of California. If requested by the City, the City shall be named as an additional insured on all policies and/or certificates of insurance. Copies of all policies or certificates shall provide for thirty (30) days written notice to the City prior to any reduction in coverage or cancellation. Such insurance coverage shall be primary and shall not require any contribution by the City or by the City's insurance carriers. B. VCRC shall secure and maintain throughout the term of this Agreement, Workers' Compensation insurance as prescribed by the laws of the State of California. A certificate evidencing such coverage shall be filed with the City Manager's Office. Said certificate shall provide that the City will be given at least thirty (30) days written notice prior to cancellation. VIII. TERM This MOU shall be in effect from July 1, 2010 through June 30, 2011, but may be terminated earlier in accordance with Section IX. IX. EARLY TERMINATION A. For Cause. If either party fails to perform any duties or obligations imposed on it by this Agreement and such failure continues for thirty (30) days after written notification by one party to the other, then this Agreement will be in breach and the party providing such notice may terminate this Agreement immediately thereafter. B. Without Cause. Either party at any time may terminate this Agreement without cause upon giving of thirty (30) days prior written notice to the other of such intent to terminate at the address set out in Section of this Agreement. C. Reimbursement of Compensation. If this Agreement is terminated prior to the end of the term set forth in Section VIII, VCRC shall be compensated on a pro rata basis of number of months contract was in effect. ki X. NOTICES Notices shall be deemed given under this MOU when in writing and personally delivered or placed in the U.S. Mail, first class, postage prepaid, addressed as follows: City: City of La Quinta - City Hall P.O. Box 1504 La Quinta, CA 92247 VCRC: Volunteer Center of Riverside County P. O. Box 5376 Riverside, CA 92517-5376 XI. GENERAL PROVISIONS A. This MOU constitutes the entire agreement between the parties. No waiver of any term or condition of this Agreement shall be deemed a continuing waiver hereof. This Agreement is binding upon VCRC and their successors and assignees. Except as otherwise provided herein, VCRC shall not assign, sublet, or transfer its interest in this Agreement or any part thereof without the prior written consent of the City. Any such assignment shall, at the option of the City, immediately void this Agreement. B. Any alternations, variations, modifications, or waivers of provisions of the MOU, unless specifically allowed in the MOU, shall be valid only when they have been reduced to writing, duly signed and approved by the Authorized Representatives of both parties as an amendment to this MOU. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto. XII CONCLUSION A. This MOU, consisting of four pages, is the full and complete document describing services to be rendered by VCRC and the City including all covenants, conditions, and benefits. B. The signatures of the Parties affixed to this MOU affirm that they are duly authorized to commit and bind their respective agencies to the terms and conditions set forth in this document. THE CITY/ OF LA QUINTA Date By City Manager VOLUNTEER CENTER OF RIVERSIDE COUNTY Date Mav 25. 2010 By Chief Executive i 4