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HomeMy WebLinkAbout113-2012RESOLUTION NO. 113-2012 AUTHORIZING THE TOWN MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING FOR THE PROVISION OF VETERANS SERVICES AT THE VETERANS MEMORIAL BUILDING WHEREAS, the County of Contra Costa Veterans Services has requested use of the second floor office at the Veterans Memorial Building for the provision of services to veterans; and WHEREAS, the County of Contra Costa's use of the second floor office would be consistent with the intended use of the space and the Town's Joint Use and Maintenance Agreement with the Danville Veterans Memorial Building Board of Trustees; and WHEREAS, at the Board of Trustees unanimously approved the Memorandum of Understanding at its regular meeting of July 10, 2012; now, therefore, be it RESOLVED, that the Danville Town Council authorizes the Town Manager to execute a Memorandum of Understanding Between the Town of Danville, County of Contra Costa, and the Danville Veterans Memorial Building Board of Trustees for the Provision of Veterans Services at the Veterans Memorial Building (Exhibit 1). APPROVED by the Danville Town Council at a regular meeting on August 14, 2012 by the following vote: AYES: Arnerich, NOES: None ABSTAINED: None ABSENT: None Doyle, Stepper, Storer APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF DANVILLE, COUNTY OF CONTRA COSTA, AND THE DANVILLE VETERANS MEMORIAL BUILDING BOARD OF TRUSTEES FOR THE PROVISION OF VETERANS SERVICES AT THE VETERANS MEMORIAL BUILDING This Memorandum of Understanding (MOU) is between the Town of Danville ( "Town'), Danville Veterans Memorial Building Board of Trustees ( "Trustees "), and the County of Contra Costa ( "County ") for the provision of veterans services at the Veterans Memorial Building ( "Building "). 1 Recitals 1.1 Contra Costa County Veterans Service staff are trained and accredited by the United States Department of Veterans Affairs to represent Veterans. 1.2 Contra Costa County Veterans Services provides the following services: • Comprehensive benefit counseling, claim preparation, case management and appeal assistance when appropriate. • County Welfare Referral (CA -5) Program which assists those clients applying for public assistance (Cal- Works, Medi -Cal, Food Stamps and General Assistance -GA) to be referred to our services in the hope of acquiring Veterans benefits thereby cost - avoiding public assistance and local county costs. • Information and referral services and crisis intervention. • Assistance with primary entitlements. 2 Use of Space 2.1 The Town and Trustees will provide the County available office space to provide services. This space will be shared with the U.S. Department of Veterans Affairs, Concord Vet Center, which will also be providing services to Veterans at the Building. 2.2 The Town shall provide one key/ access card to the County's designated representative for the purpose of gaining access to the building and office space. The County will be responsible for assuring the Building is secure upon conclusion of any Veterans group use and /or activity. 2.3 The Town shall provide all ongoing maintenance, including custodial support for the office. This custodial and maintenance support shall be provided at a level and on a schedule that is consistent with the standards established for other Town -owned and managed community centers. EXHIBIT 1 TO RESOLUTION NO. 113-2012 2.4 The Town shall provide all utilities for the office, including electricity. The Town shall assume the cost for all utilities except cable, telephone, computer and Internet services in the Veterans Wing. 2.5 The County shall not assign, sublet or transfer the Building access, room access and/or use rights included in this agreement to any other organization without prior written consent of the Town, and then only upon such terms and conditions as the Town may set forth in writing. 2.6 The Town shall have the right to make, at its own cost and expense, any alternations and improvements that may be required and proceed as needed in the interest of public safety. All and any alternations or improvements shall become property of the Town. The County may make improvements to their office at their own expense, provided the Trustees and Town approve the improvements in advance. 3 Provision of Services 3.1 The County will provide services to Veterans in the community consistent with those listed in Recital 1.2 above. 4 Insurance and Indemnity 4.1 The County shall maintain throughout the term of this Agreement either (i) commercial general liability insurance or (ii) a general self- insurance program, in either case in an amount not less than $1,000,000 per occurrence. 4.2 The County shall defend, indemnify, save and hold harmless the Town and its officers, employees and agents and the Trustees from any and all claims, costs and liability, including reasonable attorney's fees, for any damages, death or injury to persons or property to the extent the liability is caused by the willful misconduct or negligent acts, errors or omissions of the County, its officers, employees or agents solely related to the performance of services pursuant to this MOU. OWNER /LESSOR TOWN OF DANVILLE By: Joseph A. Calabrigo Town Manager LESSEE BOARD OF TRUSTEES OF THE DANVILLE VETERANS MEMORIAL BUILDING By: Denzil McCuskey VFW San Ramon Valley Post 75 By: Ronald Lowe American Legion Post 246 By: Jerry Yahiro Viet Nam Veterans of Diablo Valley By: Lee Halverson Marine Corps League Detachment 942 SERVICE PROVIDER COUNTY OF CONTRA COSTA By: David Twa County Administrator Approved as to Form: By: John Moore VFW San Ramon Valley Post 75 By: Michael Underwood American Legion Post 246 By: Delmar Loewe Viet Nam Veterans of Diablo Valley By: Allan Cruz Marine Corps League Detachment 942 By: Robert B. Ewing City Attorney