2024-25 Riverside County - Community Action Partnership (CAP) MOU Cool & Warm Center - SIGNED0 HOUSING AND
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P A R T H E .P 5 H t P ENGAGE. ENCOURAGE. EQUIP.
MEMORANDUM OF UNDERSTANDING
between
HOUSING & WORKFORCE SOLUTIONS - COMMUNITY ACTION PARTNERSHIP
and
CITY OF LA QUINTA
For the Utility Assistance (UA) Program
This Memorandum of Understanding (MOU) is made and entered into by and between the City of
La Quinta, a California municipal corporation, (CITY) and the County of Riverside, a political
subdivision of the State of California, for its Department of Housing & Workforce Solutions (HWS)
on behalf of its Community Action Partnership (CAP) agency, collectively referred to as the
"Parties" or individually referred to as a "Party".
1. PURPOSE:
To provide support for CAP's Utility Assistance (UA) Program in Riverside County that provides
assistance to low-income individuals with their utility bills through grant funding made available
from LIHEAP and LIHWAP and other grants from the State of California.
2. TERM:
This MOU shall be effective upon signature of this MOU by both Parties and shall continue in
effect until June 30th, 2025. This MOU can be terminated by either Party upon thirty (30) days
written notification to the other Party.
3. COMPENSATION:
No Party to this MOU shall be obligated to pay any monetary compensation to the other nor shall
be obligated to pay any third party as a result of this MOU. The Parties hereto have agreed to in-
kind contributions.
4. STIPEND:
CAP, in its sole and absolute discretion, may issue a stipend for utility reimbursement to CITY
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. CITY Responsibilities:
1. Provide access to the space for CAP volunteers to prepare UA application forms for
all County of Riverside residents.
2. Maintain or procure all valid license(s) for the normal operations of the facility.
3. If providing an appointment service, procure and maintain telephone and voice mailbox
service.
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4. Assist in outreach and promotion of HWS/CAP resources to all participants via
distribution of information.
5. Communicate with CAP for support, as needed.
6. Share impact stories/photos with CAP.
B. CAP Responsibilities:
1. Provide trained volunteer staffing for CITY.
2. Publish a schedule showing UA hours of operation and times when CITY is open to
the public.
3. All staff/volunteers shall have their own dedicated computers with encrypted MiFi
routers.
4. Provide outreach and resource materials needed to CITY.
5. Provide all office supplies for UA staff and CAP volunteers.
6. LOCATION AND HOURS OF OPERATION:
The CITY shall be open for clients at the following location, during the following days and hours.
CAP shall be notified in writing two working days prior to any deviation from this schedule.
Location: La Quinta Wellness Center 98450 La Fonda Street, La Quinta, CA 92253
Hours of Operation: Twice a month from 10:00 am -12:00 pm
7. NOTICES:
All correspondence and notices required or contemplated by this MOU shall be delivered to the
respective Parties at the addresses set forth below the Parties signature and are deemed
submitted two days after their deposit in the United States mail, postage prepaid.
CAP:
Community Action Partnership
2038 Iowa Avenue Ste. B-102 Riverside, CA 92507
Attention: Executive Director
CITY:
La Quinta Wellness Center
78450 Avenida La Fonda Street, La Quinta, CA 92253
Attention: Caroline Doran
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.
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:
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CAP shall indemnify and hold harmless CITY, its agencies, districts, and departments, their
respective directors, officers, elected and appointed officials, employees, agents and
representatives (individually and collectively hereinafter referred to as Indemnitees) from any
liability whatsoever, based or asserted upon any services of CAP, 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 or any other element of any
kind or nature whatsoever arising from the performance of CAP, its officers, employees,
subcontractors, agents or representatives Indemnitors from this Agreement. CAP shall defend, at
its sole expense, all costs and fees including, but not limited, to attorney fees, cost of investigation,
defense and settlements or awards, the Indemnitees in any claim or action based upon such
alleged acts or omissions.
With respect to any action or claim subject to indemnification herein by CAP, CAP shall, at their
sole cost, have the right to use counsel of their own choice and shall have the right to adjust,
settle, or compromise any such action or claim without the prior consent of CITY; provided,
however, that any such adjustment, settlement or compromise in no manner whatsoever limits or
circumscribes CAP's indemnification to Indemnitees as set forth herein. CAP'S obligation
hereunder shall be satisfied when CAP has provided to CITY the appropriate form of dismissal
relieving CAP from any liability for the action or claim involved. The specified insurance limits
required in this Agreement shall in no way limit or circumscribe CAP'S obligations to indemnify
and hold harmless the Indemnitees herein from third party claims. In the event there is conflict
between this clause and California Civil Code Section 2782, this clause shall be interpreted to
comply with Civil Code 2782. Such interpretation shall not relieve CAP from indemnifying the
Indemnitees to the fullest extent allowed by law.
11. INSURANCE
Without limiting or diminishing the CAP's obligation to indemnify or hold CITY harmless, CAP shall
procure and maintain or cause to be maintained, at its sole cost and expense, the following
insurance coverage's during the term of this MOU. As respects to the insurance section only, the
CITY herein refers to the City of La Quinta, its agencies, districts, and departments, their
respective directors, officers, employees, elected or appointed officials, agents, or representatives
as Additional Insureds.
A. Workers' Compensation:
If CAP has employees as defined by the State of California, CAP shall maintain statutory
Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of
California. Policy shall include Employers' Liability (Coverage B) including Occupational
Disease with limits not less than $1,000,000 per person per accident. The policy shall be
endorsed to waive subrogation in favor of the CITY.
B. Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited to, premises
liability, unmodified contractual liability, products and completed operations liability,
personal and advertising injury, and cross liability coverage, covering claims which may
arise from or out of CAP's performance of its obligations hereunder. Policy shall name
CITY as Additional Insured. Policy's limit of liability shall not be less than $1,000,000 per
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occurrence combined single limit. If such insurance contains a general aggregate limit, it
shall apply separately to this agreement or be no less than two (2) times the occurrence
limit. Policy shall name CITY as Additional Insureds.
C. Vehicle Liability:
If vehicles or mobile equipment are used in the performance of the obligations under this
MOU, then CAP shall maintain liability insurance for all owned, non -owned or hired
vehicles so used in an amount not less than $1,000,000 per occurrence combined single
limit. If such insurance contains a general aggregate limit, it shall apply separately to this
MOU or be no less than two (2) times the occurrence limit. Policy shall name the CITY as
Additional Insureds.
D. General Insurance Provisions —All lines:
1) It is understood and agreed to by the parties hereto that CAP'S insurance shall be
construed as primary insurance, and CITY'S insurance and/or deductibles and/or self-
insured retentions or self-insured programs shall not be construed as contributory.
2) CAP shall pass down the insurance obligations contained herein to all tiers of
subcontractors working under this MOU.
3) The insurance requirements contained in this Agreement may be met with a
program(s) of self-insurance acceptable to the CITY.
4) CAP agrees to notify CITY of any claim by a third party or any incident or event that
may give rise to a claim arising from the performance of this MOU.
12. NON-DISCRIMINATION:
CITY shall not discriminate in the provision of services, allocation of benefits, accommodation in
facilities, or employment of personnel on the basis of ethnic group identification, race, religious
creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex
in the performance of this Agreement; and, to the extent they shall be found to be applicable
hereto, shall comply with the provisions of the California Fair Employment Practices Act
(commencing with Section 1410 of the Labor Code), the Federal Civil Rights Act of 1964 (P.L. 88-
352), the Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and all other
applicable laws or regulations.
13. CONFIDENTIALITY:
CITY shall protect from unauthorized disclosure, names and other identifying information
concerning persons receiving services pursuant to this MOU, except for general statistical
information not identifying any person. CITY shall not use such information for any purpose other
than carrying out CITY'S obligations under this MOU. CITY shall promptly transmit to CAP all
third -party requests for disclosure of such information. CITY shall not disclose, except as
otherwise specifically permitted by this MOU or authorized in advance in writing by CAP, any such
information to anyone other than CAP. For purposes of this Paragraph 13, identity shall include,
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but not be limited to, name, date of birth, social security number, symbol, identifying number, or
other identifying particulars assigned to the individual, such as fingerprint or a photograph.
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.
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.
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:
The County of Riverside, a political
subdivision of the State of California, on
behalf of its Community Action Partnership
agency
By:
Karla Lopez del Rio
Executive Director
Dated:
CITY:
The City of La Quinta, a California municipal
corporation
B:
Jon,WII
y Manager
Dated:
APPROVED AS TO FORM:
William H. Irke, City Attorney
ATTEST:
Monika Radeva, City erk
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