HomeMy WebLinkAbout2019-058MEMORANDUM OF UNDERSTANDING FOR
COMMUNITY NEEDS ASSESSMENT AND REPORT
This Memorandum of Understanding for Community Needs Assessment and Report
(hereinafter "Agreement") is made and entered into on the 2nd day of April , 2019 by and
between Indian River Community Foundation, Inc., a Florida not for profit corporation with an
address of 5070 N. Highway A1A, Suite 200, Vero Beach, FL, 32963 ("Foundation"); and Indian
River County, Florida, a political subdivision of the State of Florida, located at 1801 27th Street, Vero
Beach, FL, 32960 ("County").
Recitals
WHEREAS, Foundation has entered into a $110,000 agreement with Q -Q Research
Consultants, LLC for the development of a Community Needs Assessment Report pertaining to the
needs in Indian River County (the "Q -Q Agreement"); and
WHEREAS, pursuant to Chapter III of the Indian River County Children's Services Network
Guide, dated March 5, 1997 (the "Guide"), a needs assessment needs to be done every three years;
and
WHEREAS, as the Community Needs Assessment Report will satisfy the requirement under
the Guide, the County has agreed to fund $50,000 of the Foundation's payment under the Q -Q
Agreement; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other
good and valuable consideration, the Foundation and County hereby agree as follows:
1. Recitals. The foregoing recitals are true and incorporated as if fully restated herein.
2. Payment. The County will pay Foundation a total of $50,000, which will be divided in three
equal payments of $16,666.67. Payments will be due by October 10, 2019, November
10, 2019 and within ten days of satisfactory completion of the Community Needs
Assessment Report. Prior to County making payments to Foundation, Foundation shall
provide evidence that Foundation has made all the required payments to Q -Q Research
Consultants, LLC as set forth in the Q -Q Agreement.
3. Community Needs Advisory Committee. Under the Q -Q Agreement, the Foundation will
develop a Community Needs Advisory Committee ("CAAC"). County shall have at least
one County representative on the CAAC.
4. County Involvement in the Community Needs Assessment Report Process. Foundation
shall provide County copies of all documents that are produced through the Community
Needs Assessment Report process, as soon as those documents are available. This
includes, but is not limited to, the first draft of the needs assessment survey, the final
Community Needs Assessment Survey and the first draft of the final report.
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5. Presentation of Findings. County shall be entitled to attend the presentation of report as
set forth in the Q -Q Agreement.
6. Foundation — County Coordination. Foundation shall immediately inform County of any
changes to the Q -Q Agreement. Foundation shall also immediately inform County of any
concerns with the progress or quality of the work to be performed by Q -Q Research
Consultants, LLC.
7. Termination. The County may unilaterally terminate this Agreement upon 30 days' written
notice to Foundation. Even if County terminates this Agreement, all documents prepared
and submitted as part of the Community Needs Assessment Report process shall be
public records and available to County and the public.
8. Applicable Law; Venue. The validity, interpretation, construction, and effect of this
Agreement shall be in accordance with and governed by the laws of the State of Florida,
only. The location for settlement of any and all claims, controversies, or disputes, arising
out of or relating to any part of this Agreement, or any breach hereof, as well as any
litigation between the parties, shall be Indian River County, Florida for claims brought in
state court, and the Southern District of Florida for those claims justiciable in federal court.
9. Indemnification. Foundation shall indemnify and hold harmless the County, its
commissioners, officers, agents, officials, employees, and subcontractors from and
against any and all claims, liabilities, losses, damage, or causes of action which may arise
from any misconduct, negligent act, or omissions of either the Foundation or any of its
respective agents, officers, or employees in connection with the performance of this
Agreement.
10. No Third Party Beneficiaries. Except as otherwise expressly provided herein, this
Agreement is solely for the benefit of the named parties, and no enforceable right or cause
of action shall accrue hereunder to or for the benefit of any entity or individual not a named
party hereto.
11. Effective Date. This Agreement shall become effective upon execution of the parties.
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INDIAN RIVER COMMUNITY BOARD OF COUNTY C • M$ 1ON S O •40'=
FOUNDATION, IN IN ' RIVER COU
By:
•Jeer R. Pickering
Date:
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President and CEO
Solari, Chai n ....�P.
�U/ft •
By: Adams, Vice Chairman .
Approved by BCC: 04/02/2019
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ATTEST: Jeffrey R. Smith, Clerk of Circuit Court
and Co ptroller
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By:
Deputy Clerk
APPR BY:
row
Jason E
1--
n, Coun y Administrator
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
Dylan Reingold, County Attorney