2023-24 Riverside County - Community Action Partnership (CAP) MOU Cool & Warm Center40A• community
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P A R T N E R$ N f P
of Riverside County
MEMORANDUM OF UNDERSTANDING
Between
COUNTY OF RIVERSIDE - COMMUNITY ACTION PARTNERSHIP (CAP)
and
LA QUINTA WELLNESS CENTER
For the CAP Riverside Cool & Warm Centers Program
This Memorandum of Understanding (MOU) is made and entered into by and between La Quinta
Wellness Center, (CENTER) and the County of Riverside, a political subdivision of the State of
California, through its Community Action Partnership (CAP), collectively referred to as the
"Parties" or individually referred to as a, "Party".
1. PURPOSE:
To provide support for Community Action's Energy Crisis Response Plan in Riverside County.
The plan is a comprehensive response to severe weather conditions across the county. The plan
incorporates the coordination of cool/warm centers countywide to serve as drop -in sites where
individuals can seek temporary relief from the extreme temperatures. Hereafter, the "Program".
2. TERM:
This MOU shall be effective upon signature by both Parties and shall continue in effect until June
30, 2024. This MOU may be renewed annually by written amendment. This MOU can be
terminated by either Party upon thirty (30) days written notification to the other Party.
3. COMPENSATION:
CAP shall provide bottled water, snacks, and supplies to CENTER for its implementation of the
Program, the amount of which is strictly contingent upon attendance. Sign -in sheets and
attendance logs shall be provided to CAP on a timely basis, as indicated in Section 5 below.
CENTER agrees that if, during the period of performance, sign -in sheets are not provided, or
participation is inadequate for the continuation of the Program, CAP, in its sole and absolute
discretion, reserves the right to reduce or eliminate bottled water delivery, and other supplies, as
determined by a review of CENTER'S sign -in sheets.
4. STIPEND:
CAP, in its sole and absolute discretion, may issue a stipend for utility reimbursement to CENTER
from time to time as its funding allows. A stipend is a payment made to an individual or entity for
its participation only, NOT for services rendered. The payment cannot be tied to "any obligation
for past, present, or future services." There is no employer/employee relationship nor fringe
benefits associated with the stipend payment.
5. RESPONSIBILITIES:
A. CENTER Responsibilities:
1. Provide space and staff/volunteer(s) to monitor cool/warm center during activation.
Activation is defined as follows: cool center is activated when outside temperature
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40A• community
ction
P A R T N E R$ N f P
of Rfyerside County
reaches 97' F and warm center is activated when outside temperature drops to 40' F
and also during a declared warning (official warning from RUHS Public Health) from
June 1 to October 15, for the cool center season and from December 1 to March 31,
for the warm center season.
2. Maintain or procure General Liability insurance coverage of $1,000,000 per
occurrence. Insurance endorsements must name the County of Riverside - CAP as
additionally insured (reference the CoolMarm Center Program in the description
section of the certificate) and include the endorsement identifying the County of
Riverside - CAP as the additionally insured.
3. Maintain or procure valid license(s) for the normal operations of the facility.
4. Provide sign -in sheets for each day the cool/warm center is open, have each
participant sign -in, and submit sign -in sheets to CAP by the 2nd of each month.
5. Maintain and submit monthly attendance logs to CAP.
6. Provide opportunities for participants to have access to community resources via
distribution of information. Information can be displayed on table or countertop.
7. Complete and return the In-Kind/Volunteer Form, attached hereto, to CAP.
8. Distribute water and snacks to cool/warm center participants - one per participant
and/or at the discretion of staff/volunteer.
9. Communicate with CAP for technical support, as needed.
10. Share impact stories/photos and assist with marketing and outreach of the CENTER.
B. CAP Responsibilities:
1. Coordinate county -wide efforts with all cool/warm center partners.
2. Provide training on activation and declared warning criteria to CENTER.
3. Provide partner meetings to share updates and other vital information with CENTER.
4. Provide notification of warnings and cool/warm center activation(s).
5. Provide snacks, water, signage, and materials needed to CENTER.
6. Provide technical support to CENTER.
7. Provide cool/warm center results for each season.
6. ALTERATION OR CHANGES TO THE MOU:
No alteration or variation of the terms of this MOU shall be valid unless made in writing and
signed by the parties hereto, and no oral understanding or agreement not incorporated herein
shall be binding on any of the parties hereto.
7. NOTICES:
All correspondence and notices required or contemplated by this MOU shall be delivered to the
respective Parties at the addresses set for below the Parties signature and are deemed submitted
two days after their deposit in the United States mail, postage prepaid.
8. RELATIONSHIP OF THE PARTIES:
Parties have a relationship based entirely on, and defined, by the express provisions of this MOU
and no partnerships, joint venture, agency, fiduciary or employment relationship is intended or
created by reason of this MOU.
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9. ASSIGNMENT:
Neither Party shall transfer any right, interest, or obligation in or under this MOU to any other
entity without prior written consent of the other Party.
10. HOLD HARMLESS/INDEMNIFICATION:
CENTER shall indemnify and hold harmless Community Action Partnership Riverside, the County
of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors,
officers, Board of Supervisors, elected and appointed officials, employees, agents and
representatives (collectively, "Indemnified Parties") from any liability, claim, damage or action
whatsoever, based or asserted upon any act or omission of CENTER, its officers, employees,
subcontractors, agents or representatives arising out of or in any way relating to this MOU,
including but not limited to property damage, bodily injury, or death. CENTER shall defend, at its
sole cost and expense, including but not limited to attorney fees, cost of investigation, defense
and settlements or awards, the Community Action Partnership - Riverside, the County of
Riverside, its respective Agencies, Districts, Special Districts and Departments, their respective
directors, officers, Board of Supervisors, Board of Commissioners, elected and appointed officials,
employees, agents and representatives in any such action or claim. The specified insurance limits
required in this MOU shall in no way limit or circumscribe CENTER'S obligations to indemnify and
hold harmless CAP Riverside and Indemnified Parties.
11. GOVERNING LAW:
This MOU shall be governed by the laws of the State of California. Any legal action related to the
performance or interpretation of this MOU shall be filed only in the Superior Court of the State of
California located in Riverside, California, and the Parties waive any provision of law providing for
a change of venue to another location. In the event any provision in this MOU is held by a court
of competent jurisdiction to be invalid, or unenforceable, the remaining provisions will
nevertheless continue in full force without being impaired or invalidated in any way.
12. AUTHORITY TO EXECUTE:
The individuals executing this MOU on behalf of the Parties each represents and warrants that
they have the legal power, right and actual authority to bind the Parties to the terms and conditions
herein.
13. TERMINATION:
CAP may, by written notice to CENTER, terminate this MOU in whole or in part at any time.
Such termination may be for CAP'S convenience or because of CENTER'S failure to perform its
duties and obligations under this MOU. CAP will not continue to provide water, snacks, or any
additional supplies if CENTER fails to submit monthly attendance logs. Failure to submit three
(3) consecutive months of attendance logs will also result in termination of the MOU.
14. ENTIRETY OF CONTRACT:
This MOU, including any attachments or exhibits, constitutes the entire agreement of the Parties
with respect to its subject matter and supersedes all prior and contemporaneous representations,
proposals, discussions, and communications, whether oral or in writing. This MOU may be
changed or modified only by a written amendment signed by authorized representatives of both
Parties.
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IN WITNESS WHEREOF, the parties hereto have caused their duly authorized
representatives to execute this MOU as of the dates set forth below:
CAP:
County of Riverside, a political subdivision of
the State of California, on 1,*half of its
CommuNty Actioo`Partnefship - Riverside
in
Dated: 1222,7�
Community Action Partnership
2038 Iowa Ave. Suite B 102
Riverside, CA 92507
CENTER:
La Quinta Wellness Center
By:
Christina Calderon
Community Services Deputy Director
Dated: August 23, 2023
La Quinta Wellness Center
78450 Avenida La Fonda,
La Quinta, CA, 92253
r.11: 1: a :160: t 1X0V% I [Q 101 V &
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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