MEMORANDUM OF UNDERSTANDING WITH COURT APPOINTED SPECIAL ADVOCATES

Transcription

1 MEMORANDUM OF UNDERSTANDING WITH COURT APPOINTED SPECIAL ADVOCATES THIS MEMORANDUM OF UNDERSTANDING (MOU), for purposes of identification hereby dated, is BY AND BETWEEN Court Appointed Special Advocates Orange County (hereinafter referred to as "CASA") AND the County of Orange, a political subdivision of the State of California (hereinafter referred to as "COUNTY"). RECITALS WHEREAS, CASA is a non-profit organization committed to a mission of serving the County s most severely abused, abandoned and neglected children through the recruitment and training of volunteers who develop a unique one-on-one relationship with these youth, serve as a mentor for them and advocate for their best interests; and WHEREAS, in 1985 CASA Orange County was founded with support from the Junior League and is currently one of more than 950 CASA programs nationwide dedicated to provide quality intervention, mentoring, and advocacy services for abused, abandoned and neglected children; and WHEREAS, the volunteers for CASA seek to offer their dependent youth opportunities for individual and group enrichment vis-à-vis the provision of activities and quality time spent together that facilitates educational opportunities, development of life skills, cultivation of various interests and the opportunity to interact with these concepts in a real world setting; and WHEREAS, CASA receives no public tax support, operating as a non-profit enterprise solely supported by program fees for services and charitable donations; and WHEREAS, CASA will continue the development of and expansion of CASA Programs and other community awareness programs at County of Orange Parks locations and facilities currently in existence and which may in the future be developed (hereinafter referred to as "OCP FACILITIES"); and WHEREAS, the mission of OC Parks, a department within the COUNTY, (hereinafter referred to as OC PARKS ) states: "As a steward of significant natural and cultural resources, OC PARKS manages and operates a system of regional parks, beaches, harbors, trails and historic sites that are places of recreation and enduring value"; and WHEREAS, within OC PARKS s Strategic Plan approved by the Board of Supervisors, one of the adopted goals is to create strategic alliances by proactively engaging other organizations and the community at large; and WHEREAS, the COUNTY and CASA share an interest in a variety of programs and activities benefitting both parties; Page 1 of 8

2 NOW, THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS: The recitals set forth above are true and correct, are a material part of this MOU, and are incorporated by this reference. A. DESIGNATED REPRESENTATIVES 1. CASA will designate the Chief Program Officer, or designee, (hereinafter referred to as "CPO") to be liaison for all matters in regard to this MOU. 2. COUNTY will designate the Director of OC Parks, or designee, (hereinafter referred to as "DIRECTOR") to be COUNTY's liaison for all matters in regard to this MOU. 3. The obligations of the CPO or the DIRECTOR pursuant to this MOU will not be assigned without prior written approval of the other party. B. PURPOSE The purpose of this MOU is to assist CASA with facilitating its program for providing trained volunteer advocates from the community to give one-on-one support to an abused, abandoned and/or neglected child. Such activities are deemed by the Board of Supervisors to be necessary to meet the social needs of the population of the county, including but not limited to, the areas of health, welfare, and education. C. TERM The term of this MOU shall commence upon execution by the COUNTY'S Board of Supervisors and remain in effect for 5 years unless otherwise terminated as provided under Paragraph M ("Termination"). After 5 years from the date of execution, and every 5 years thereafter, this MOU shall terminate unless it is renewed by the Director or designee, who shall have the sole discretion to exercise and execute a renewal with CASA, as long as the terms and conditions of this MOU have not been materially changed. Any material changes may only be authorized by the COUNTY'S Board of Supervisors.. D. USE As further detailed in this MOU, COUNTY will grant to CASA and their employee(s), volunteer(s) and agent(s) the non-exclusive right to enter and use OCP FACILITIES for CASA Programs only. E. STATUS OF CASA CASA is, and shall at all times be deemed to operate and to act independently from the COUNTY and, shall be wholly responsible for the manner in which it performs the services and activities required or permitted by the terms of this MOU. Nothing contained herein shall be construed as creating the relationship of employer and employee, or principal and agent, between COUNTY and CASA or any of CASA's agents, volunteers, or employees. CASA assumes exclusive responsibility for the acts of its agents, volunteers, participants or employees as they relate to the services and activities to be provided during the course and scope of their engagement or employment. CASA and its agents, volunteers and employees shall not be entitled Page 2 of 8

3 to any rights and/or privileges of COUNTY employees and shall not be considered in any manner to be COUNTY employees. F. CASA RESPONSIBILITIES CASA will: 1. Conduct CASA Programs, including, but not limited to, youth/advocate outings, CASA programs, CASA events and educational enrichment opportunities. 2. Up to six CASA events per year. 3. Provide OC PARKS with a proposed number of annual passes needed and activities and events planned. CASA will provide a list of annual pass recipients. 4. Meet with OC PARKS on an as-needed basis for planning sessions. 5. Provide OC PARKS with annual reports tracking program participants and activities. 6. Comply with all OC PARKS permit procedures and requirements, when or if necessary. 7. Provide OC Parks with a valuation of sponsorship annually. 8. At the discretion of OC Parks, CASA will complete a habitat restoration project annually. 9. Adhere to all group size limits set forth by OC PARKS for all CASA programs. 10. Notify any calendar changes to the DIRECTOR, including cancellation of a CASA program or large event. 11. Promote OC PARKS special events as appropriate. 12. Not transfer its rights to provide CASA Programs at OCP FACILITIES according to the terms of this MOU to individual vendors or other third parties without written agreement between the CASA and DIRECTOR. 13. Inform all CASA employees performing work under this MOU that they are not an employee of the COUNTY and are not covered by the COUNTY'S Workers' Compensation or COUNTY's Memorandum of Understanding and that nothing contained herein shall be construed as creating the relationship of employer and employee, or principal and agent, between COUNTY and CASA or any of their agents, volunteers or employees. 14. Inform CASA employees performing work under this MOU that the COUNTY and its officers, employees and agents shall not be held liable for any death, injury or property damage claims arising from their work unless due to the negligence or willful misconduct of the COUNTY, its officers, employees or agents. 15. CASA has the obligation to notify OC PARKS of the need to make adjustments to the number of passes or the termination of passes. 16. All benefits of this MOU, including but not limited to OC Parks annual passes and zoo entry, shall be used for CASA-related activities. G. COUNTY RESPONSIBILITIES: COUNTY will: 1. Participate with CASA in as-needed planning sessions. 2. Supply CASA with annual parking passes as determined in planning sessions. 3. Waive entry fee to the OC Zoo. 4. Provide CASA with a list of programs for consideration of participation. Page 3 of 8

4 5. Waive fees related to parking, shelter, reservations, permits, programs, camping, and staff overtime for CASA-related events at all OCP FACILITIES as approved by OC PARKS. OC PARKS has the sole discretion to approve or deny fee waivers for a CASA-related event on a case-by-case basis. 6. Work with CASA collaboratively on approved programs, events and educational enrichment opportunities to ensure a successful partnership. 7. Provide CASA with OC PARKS print materials such as brochures and/or other media or materials that promote OC PARKS and its programs for distribution by CASA. 8. Provide an or phone call to CASA CPO informing of any site closures. H. MISCELLANEOUS TERMS. Both parties agree that: 1. Any public information, notices and news releases from CASA related to the activities associated with this MOU shall be shared with OC PARKS prior to release. I. NONDISCRIMINATION CASA shall not employ any discriminatory practices in the performance of this MOU on the basis of race, sex, religion, ethnicity, nationality, disability, gender, marital status or age. J. CHANGES AND MODIFICATIONS DIRECTOR shall have the authority to make adjustments to this MOU with written concurrence of CASA CPO, as deemed necessary in order to advance the purposes of this MOU. K. DELEGATION AND ASSIGNMENT CASA may not delegate the obligations or assign the rights hereunder, either in whole or in part. L. NOTICES COUNTY: CASA: County of Orange Director, OC Parks OC Community Resources Old Myford Road Irvine, California FAX NO. (714) Court Appointed Special Advocates Orange County CASA CPO 1505 E. 17 th Street, Suite 214 Santa Ana, CA FAX NO. (714) Notices or other communications which may be required or provided under the terms of this MOU shall be deemed effective when in writing and delivered in person, deposited in the COUNTY inter-office mail, or deposited in the United States mail, first class, postage prepaid. Any notices, correspondence, reports and/or statements authorized or required by this Page 4 of 8

5 MOU, addressed in any other fashion, shall be deemed not given. The parties may change the addresses to which notices are to be sent by giving written notice of such change to the other party. M. TERMINATION Either party may terminate this MOU with ninety (90) days written notice to the other party. Notice of termination shall state the date upon which such termination is effective. Notice shall be served as provided in Paragraph L("Notices") above. Upon termination of this MOU, CASA shall be responsible for notifying its volunteers to the deactivation of the annual passes. N. EFFECT OF MOU This MOU fully expresses all understandings of the parties and is the total agreement between the parties as to the subject matter of this MOU. No addition to or alteration of the terms of this MOU, whether written or verbal, by the parties, their officers, agents or employees, shall be valid, except as provided in Paragraph J ("Changes and Modifications") above, unless in the form of a written amendment to this MOU, which is formally approved and executed by all parties. Further, the Parties understand and agree that this MOU is an agreement intended solely to be a statement of intent and shall not be construed to be legally binding on any of the Parties hereto. O. INDEMNIFICATION AND INSURANCE 1. CASA agrees to defend, with counsel approved in writing by COUNTY, indemnify and hold COUNTY and its elected and appointed officials, officers, employees, and agents ("COUNTY INDEMNITEES") harmless from any claims, demands or liabilities of any kind or nature, including but not limited to, personal injury or property damage, arising from or related to CASA's negligent performance pursuant to this MOU. COUNTY's approval of counsel shall not be unreasonably withheld. 2. Without limiting CASA's liability for indemnification, CASA agrees to purchase all required insurance at CASA's expense and to deposit with COUNTY Certificates of Insurance, including all endorsements required herein, necessary to satisfy COUNTY that the insurance provisions of this MOU have been complied with and to keep such insurance coverage and the certificates therefore on deposit with COUNTY during the entire term of this MOU. 3. All insurance policies required by this MOU shall declare any deductible or selfinsured retention ("SIR") in an amount in excess of $25,000 ($5,000 for automobile liability), shall be approved by the County Executive Office ("CEO")/Office of Risk Management. CASA shall be responsible for reimbursement of any deductible to the insurer. Any SIRs or deductibles shall be clearly stated on the Certificates of Insurance. 4. If CASA fails to maintain insurance acceptable to COUNTY at any time during the term of this MOU, COUNTY may suspend CASA's access to OCP FACILITIES. If, within ten (10) business days after suspension, CASA obtains and provides evidence of the required insurance coverages acceptable to CEO/Office of Risk Management, access to OCP FACILITIES will be reinstated by COUNTY. 5. The policy or policies of insurance required herein must be issued by an insurer licensed to do business in the State of California (California Admitted Carrier). If Page 5 of 8

6 the insurer is not licensed to do business in the State of California, COUNTY retains the right to approve or reject the insurer after a review of the insurer's performance and financial ratings by the CEO/Office of Risk Management. 6. If CASA is self-insured, CASA shall provide COUNTY, before commencement of this MOU, a letter of self-insurance verifying all the stated coverage minimums and comparable terms. In the event that CASA becomes commercially insured, the policy or policies of commercial insurance maintained by CASA shall provide the minimum limits and coverages as set forth below: Coverages Commercial General Liability Automobile Liability including coverage of all owned, non-owned and hired vehicles. Workers Compensation Employers Liability Sexual Misconduct Liability Alcohol Liability Professional Liability Minimum Limits $2,000,000 General Aggregate/ $1,000,000 combined single limit per occurrence $1,000,000 per occurrence. Statutory $1,000,000 per occurrence $1,000,000 per occurrence $1,000,000 per occurrence $1,000,000 per occurrence 7. All liability insurance, except Professional Liability, required by this MOU shall be at least $1,000,000 combined single limit per occurrence. Professional Liability may also be provided on a "Claims Made" basis. The minimum aggregate limit for the Commercial General Liability policy shall be $2,000,000. If CASA's Professional Liability policy is a "claims made" policy, CASA shall agree to maintain professional liability coverage for two (2) years following completion of this MOU. The Commercial General Liability policy shall contain a severability of interests clause. 8. The COUNTY shall be added as an additional insured on all insurance policies required by this MOU (except Workers' Compensation/Employers' Liability and Professional Liability). An additional insured endorsement evidencing that the COUNTY is an additional insured shall accompany the Certificates of Insurance. 9. All insurance policies required by this MOU shall be primary insurance, and any insurance maintained by the COUNTY shall be excess and non-contributing with insurance provided by these policies. An endorsement evidencing that CASA's insurance is primary and non-contributing shall specifically accompany the Certificates of Insurance for the Commercial General Liability and Sexual Misconduct Liability. 10. All insurance policies required by this MOU shall give the COUNTY thirty (30) days notice in the event of cancellation. This shall be evidenced by an endorsement Page 6 of 8

7 separate from the Certificates of Insurance. In addition, the cancellation clause must include language as follows, which edits the pre-printed ACORD certificate: "SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENT OR REPRESENTATIVE." 11. CASA is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Workers' Compensation or be self-insured in accordance with provisions of that code. CASA will comply with such provisions and shall furnish COUNTY satisfactory evidence that CASA has secured, for the period of this MOU, statutory Workers' Compensation insurance and Employers' Liability insurance with minimum limits of $1,000,000 per occurrence. 12. COUNTY shall retain the right at any time to review the coverage form, and amount of the insurance required hereby, should the manner of services change or risk increase or other exceptional circumstances occur. If, in the opinion of COUNTY, the insurance provisions in this MOU do not provide adequate protection for the COUNTY, COUNTY may require CASA to obtain adequate protection, which shall be negotiated and agreed upon in writing by both parties. Upon such agreement, CASA shall deposit copies of acceptable Certificates of Insurance and endorsements with COUNTY incorporating such changes within thirty (30) days. COUNTY's requirements shall be reasonable and shall be designed to assure protection from and against the kind and extent of risks, which exist at the time a change in insurance is required. Any decrease in insurance will be deemed by COUNTY, as appropriate. 13. The procuring of such required policy or policies of insurance shall not be construed to limit CASA's liability hereunder nor to fulfill the indemnification provisions and requirements of this MOU. 14. The COUNTY Certificates of Insurance and the Special Endorsement for the COUNTY can be utilized to verify compliance with the above-mentioned insurance requirements in place of commercial insurance certificates and endorsements. [Remainder of page intentionally left blank; signature page to follow.] Page 7 of 8

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