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3. In the event OPERATOR desires to make any non-emergency changes of substance <br />to policies, the approved annual operating budget, procedures and operations of SHELTER, <br />OPERATOR shall confer with COMMITTEE and obtain the advice and recommendations from <br />COMMITTEE before making such changes. COMMITTEE may accept or reject the changes. The <br />OPERATOR shall use its discretion to address emergencies and shall be required to provide the <br />COMMITTEE with a report detailing any temporary changes to policy or the budget to address the <br />emergency. <br /> <br /> 4. In the event OPERATOR is required to make changes to SHELTER operations to <br />conform to operational and regulatory mandates, including mandates from Alameda County, <br />affecting SHELTER, OPERATOR shall notify COMMITTEE, in writing, of the expected financial <br />and operational implications of the change(s). COMMITTEE may recommend alternative policies, <br />budget amendments, procedures and operations. The COMMITTEE may request the operator to <br />maintain infromation detailing the affect the change(s) have on SHELTER operations and budget. <br /> <br /> 5. Recommendations and actions of COMMITTEE shall be approved by a majority vote <br />of COMMITTEE. <br /> <br />VI. NO CHANGE IN EMPLOYMENT EFFECTED HEREBY <br /> <br /> All persons employed by OPERATOR to perform services pursuant to this M.O.U. shall be <br />and remain OPERATOR employees and shall at all times be under the direction and control of <br />OPERATOR. No CITIES' employees shall perform services which OPERATOR is obligated to <br />provide under this M.O.U.. All persons employed by OPERATOR to perform the services pursuant <br />to this M.O.U. shall be entitled solely to the rights and privileges given to OPERATOR employees <br />and shall not be entitled, as a result of providing services required hereunder, to any additional rights <br />and privileges given to CITIES' employees. <br /> <br /> CITIES shall not be liable for the direct payment of any salaries, wages, or other <br />compensation to any OPERATOR personnel performing services hereunder for OPERATOR or any <br />liability other than that provided for in this M.O.U.. <br /> <br />VII. INDEMNIFICATION <br /> <br /> CITIES agree to defend, indemnify, and hold harmless the COUNTY, its officers, employees <br />and agents, from any and all acts, claims, omissions, liabilities and losses by whomever asserted <br />arising out of acts of omissions of CITIES in the performance of the scope of work except those <br />arising by reason of the sole negligence of the COUNTY, its officers, employees or agents. <br /> <br /> Operator agrees to defend, indemnify and hold harmless CITIES, their officers, employees <br /> and agents, from any and all acts, claims, liabilities and losses by whomever asserted arising out of <br /> acts or omissions of the Operator in the performance of the scope of work, except those arising by <br /> reason of the sole negligence of CITIES, their officers, employees and agents. <br /> <br /> VIII. TERM <br /> <br /> This M.O.U. shall commence on July 1, 2005, and shall continue for three (3) years <br /> thereafter unless terminated. This M.O.U. may be extended for a period of two years upon mutual <br /> agreement of the OPERATOR and PARTICIPATING ENTITIES. Either OPERATOR or <br /> <br /> 5 <br /> <br /> <br />