04/14/11
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE COUNTY OF ORANGE
AND
THE ORANGE COUNTY BAR FOUNDATION
FOR THE PROVISION OF THE YOUTH TRANSITIONAL INTERVENTION PROGRAM
This Memorandum of Understanding, hereinafter referred to as “MOU,” entered into this ______
day of ___________, 2010 2011, which date is stated for purposes of reference only, is by and between
the County of Orange, a political subdivision of the State of California, hereinafter referred to as
“COUNTY,” and the Orange County Bar Foundation, a private, non-profit corporation, hereinafter
referred to as “OCBF.” This MOU shall be administered by the County of Orange Chief Probation
Officer, hereinafter referred to as “ADMINISTRATOR.”
RECITALS:
WHEREAS, OCBF has provided community reintegration services under a program known as
the Youth Transitional Intervention Program ("YTIP,") to wards housed at the Youth Guidance Center
("YGC") since July 1, 2007, at no cost to the COUNTY. The Federal grant funds awarded to OCBF by
the Corrections Standards Authority (CSA) for the provision of YTIP ended March 31, 2010, and the
related tracking of program results ended June 30, 2010; and
WHEREAS, pursuant to the Juvenile Justice and Delinquency Prevention Act of 1974, as
amended, the OCBF applied for grant funding from the Department of Health and Human Services
Substance Abuse and Mental Health Services Administration ("SAMHSA") Center for Substance Abuse
Treatment for the continuation of YTIP services; and
WHEREAS, on September 11, 2009, SAMHSA awarded federal grant funding to OCFB OCBF
to provide the continue the provision of YTIP services with the addition of integrated services such as
substance abuse, HIV and hepatitis prevention education. It also incorporates The SAMHSA grant also
called for the use of evidence-based substance abuse models such as Brief Strategic Family Therapy
("BSFT") and Adolescent Community Reinforcement Approach and Assertive Continuing Care ("ACRA/ACC."); and
In addition to wards at YGC, YTIP integrated services will be expanded to include wards at
Juvenile Hall, the Youth Leadership Academy ("YLA,") and the Youth Resource Centers ("YRCs;");
WHEREAS, on January 26, 2010, the County of Orange Board of Supervisors approved a
Memorandum of Understanding between the COUNTY and OCBF for the provision of YTIP services for
youth housed at YGC, Juvenile Hall and the Youth Leadership Academy ("YLA") and for youth referred
to the Youth Reporting Centers ("YRCs"), effective February 1, 2010 through January 31, 2011, and
renewed by ADMINISTRATOR and OCBF effective February 1, 2011 through January 31, 2012; and
WHEREAS, both parties mutually agree to terminate the January 26, 2010 Memorandum of
Understanding and establish this new MOU to expand the provision of YTIP services to include youth
housed at the Joplin Youth Center ("Joplin"), youth monitored under the Accountability Commitment
Program ("ACP"), and youth monitored under the Home Supervision Program ("HSP"); and
WHEREAS, the new MOU with OCBF now replaces the January 26, 2010 Memorandum of
Understanding in its entirety.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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TABLE OF CONTENTS
SECTION
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
11.0
12.0
13.0
14.0
15.0
16.0
17.0
18.0
19.0
PAGE
TERM .............................................................................................................................................. 3
YOUTH TRANSITIONAL INTERVENTION PROGRAM OBJECTIVES.................................. 3
POPULATION SERVED ................................................................................................................ 4
STAFFING AND DESCRIPTION OF SERVICES ........................................................................ 4
PROGRAM MANAGEMENT ........................................................................................................ 6
PROGRAM REPORTING REQUIREMENTS............................................................................... 6
ALTERATION OF TERMS ............................................................................................................ 6
CONFIDENTIALITY...................................................................................................................... 6
PUBLICITY..................................................................................................................................... 7
GOVERNING LAW ........................................................................................................................ 7
INDEPENDENT CONTRACTOR .................................................................................................. 7
INDEMNIFICATION...................................................................................................................... 8
INSURANCE................................................................................................................................... 8
EMPLOYMENT ELIGIBILITY VERIFICATION ...................................................................... 11
COUNTY OF ORANGE CHILD SUPPORT ENFORCEMENT ................................................. 11
TERMINATION ............................................................................................................................ 12
CONTINGENCY OF FUNDS ...................................................................................................... 12
NON-DISCRIMINATION ............................................................................................................ 12
NOTICES....................................................................................................................................... 12
SIGNATURE PAGE………………………………………………………………………………13
Exhibit 1.0
Orange County Superior Juvenile Court Policy:
Juvenile Court Exchange of Information, Confidentiality and Release of
Information Media Policy
Exhibit 2.0
County of Orange Child Support Enforcement Certificate
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1.0
TERM
Subject to the termination provisions set forth in Sections 11.0, 13.0, 14.0, 15.0, 16.0, and 17.0
herein, the term of this MOU shall commence on February 1, 2010 following approval by the
Orange County Board of Supervisors, and end on January 31, 2011 June 30, 2012.
1.1
2.0
This MOU may be renewed on the same terms, conditions, and scope of work for up to
two (2) individual consecutive one (1) year period upon mutual written agreement by the
ADMINISTRATOR and OCBF, with a total service period not to exceed three (3) two
(2) years.
YOUTH TRANSITIONAL INTERVENTION PROGRAM OBJECTIVES
OCBF has provided community reintegration services under a program known as the Youth
Transitional Intervention Program ("YTIP") since July 1, 2007. Federal grant funds awarded to
OCBF by the State Corrections Standards Authority (CSA) for the provision of YTIP services
will ended March 31, 2010. OCBF applied for grant funding from the Department of Health and
Human Services Substance Abuse and Mental Health Services Administration ("SAMHSA")
Center for Substance Abuse Treatment to provide for the continuation of YTIP services. On
September 11, 2009, SAMHSA awarded federal grant funding to OCBF OCFB to provide YTIP
with enhanced, integrated services, such as substance abuse, HIV, and hepatitis prevention
education. YTIP also incorporates evidence-based substance abuse models such as Brief
Strategic Family Therapy ("BSFT") and Adolescent Community Reinforcement Approach and
Assertive Continuing Care ("A-CRA/ACC.") In addition to services provided to wards at the
Youth Guidance Center ("YGC"), YTIP was expanded to serve wards at Juvenile Hall, the Youth
Leadership Academy ("YLA,"), and the Youth Resource Reporting Centers ("YRCs"), and this
MOU will again expand services to include wards at the Joplin Youth Center ("Joplin"), youth
monitored under the Accountability Commitment Program ("ACP"), and youth monitored under
the Home Supervision Program ("HSP").
COUNTY and OCBF agree to make YTIP services available to all interested youth who are
released from custody at the YGC, Joplin, Juvenile Hall, YLA, youth placed in HSP and/or
referred to the YRCs. YTIP with integrated services will offer comprehensive aftercare services
to re-entry youth and their families to treat substance abuse, improve family functioning, address
academic and employment needs, help prevent the spread of HIV and hepatitis, and provide
access to community services to youth who voluntarily agree to participate in the program. YTIP
shall integrate BSFT, which is focused on the provision of educational and support services to
help prevent substance abuse, HIV and hepatitis infection. YTIP shall also include A-CRA/ACC
substance abuse treatment models, which provide an assertive approach to engaging hard to reach
clients through home visits, additional clinical assessment tools, and intensive case management.
and random drug testing.
YTIP shall seek to assist incarcerated youth as they transition out of confinement and re-establish
themselves in their home, school, and community environments by offering services to: (1)
reduce drug/alcohol use; (2) decrease recidivism and delinquent behavior; (3) prevent HIV and
hepatitis infection; (4) increase pro-social activities and relationships; (5) improve family
functioning; (6) increase job skills and employment; (7) promote academic advancement; (8)
increase parental involvement and monitoring; and (9) increase access to after care services that
are culturally and language appropriate for re-entry youth populations.
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OCBF shall measure the success of YTIP by documenting the progress of the participants. The
documentation will reflect any improvement in the behavior of participants who use the OCBF as
a support system for long-term positive change.
3.0
POPULATION SERVED
YTIP services will be offered to all interested youth, both male and female, who are 14 to 18
years of age and who are currently incarcerated at YGC, Joplin, Juvenile Hall or YLA, monitored
under the ACP and the HSP, and/or referred to the YRCs, and who are within four (4) months of
their release date and experiencing substance abuse and academic difficulties. Participation in
YTIP shall be voluntary. It is anticipated that OCBF will recruit a total of 160 youth and at least
160 parents over the three-year period of SAMHSA grant, of service provided this MOU is
renewed for an additional two (2) consecutive one (1) year period pursuant to Section 1.1 herein.
It is further anticipated that 80% of participating youth and their families will complete all
treatment services, totaling 128 youth and at least 128 parents served over the three-year period of
the SAMHSA grant.
4.0
STAFFING AND DESCRIPTION OF SERVICES
YTIP services shall be provided at the following locations: 1.) YGC, Joplin, Juvenile Hall, and
YLA, and YRCs for the first six (6) weeks prior to a youth's release, or at a YRC; and 2.) the
residence of each youth placed in the HSP, as determined by the Orange County Superior Court
and/or ADMINISTRATOR; 3) the residence or ACP school of each youth placed in ACP; and 4.)
OCBF administrative offices at 313 N. Birch Street, Santa Ana, California, after a youth's release
from custody or a six-week session at a YRC. Services will include a Bio-psycho-social Clinical
Assessment, pre-release transition planning sessions for six (6) weeks, BSFT services for six (6)
weeks, A-CRA/ACC services for twelve (12) to fifteen (15) weeks, monthly peer group meetings,
and up to sixteen (16) weeks of intensive case management. Clinicians will monitor youth
substance use by administering three (3) random drug tests during the course of treatment, and
will provide feedback on urinary test results to the Orange County Probation Department as
needed.
4.1
COUNTY shall:
4.1.1
As necessary to satisfy the security clearance requirements of the
ADMINISTRATOR, conduct background investigations on OCBF staff, agents,
employees and volunteers, as authorized under the law. The investigation may
include, but not be limited to, fingerprinting, completion of a personal history
statement, verification of education and prior employment, and a criminal record
check. OCBF staff shall be issued identification badges after passing the security
clearance requirements and prior to providing services under this MOU;
4.1.2
A Deputy Probation Officer (DPO) will identify interested youth ages 14 to 18,
male and female, whose release dates are within six (6) weeks to eight (8) weeks,
who may have substance abuse and academic difficulties, and who agree to
voluntarily participate in YTIP;
4.1.3
The DPO will arrange and attend with youth an initial meeting with OCBF’S
staff prior to the youth's release. If the youth's parents are available, one or both
may attend the initial meeting;
4.1.4
The DPO will notify OCBF’S staff of the youth's scheduled release date; and
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4.1.5
4.2
The DPO will obtain the written, voluntary consent of incarcerated youth, which
authorizes the Probation Department to refer the participant to OCBF.
OCBF shall:
4.2.1
OCBF'S staff will work with the Probation Department to generate referrals and
provide access to incarcerated youth, ACP youth, HSP youth, and youth referred
to the YRCs who are interested in participating in YTIP;
4.2.2
OCBF's staff will meet with youth and their parents and obtain their written,
voluntary consent, which authorizes OCBF to provide YTIP services;
4.2.3
Provide a one (1) hour session per week for six (6) weeks of Pre-Release
individual contacts by OCBF'S Volunteer in Probation, to be conducted at the
facility where the youth is located;
4.2.4
Provide the following YTIP services at OCBF administrative offices located at
313 N. Birch Street, Santa Ana, California after the youth's release from custody:
4.2.4.1 One initial two (2) hour Bio-psycho-social Clinical Assessment;
4.2.4.2 Six (6) sessions, one (1) hour each, for six (6) weeks of BSFT;
4.2.4.3 Health education with respect to HIV, hepatitis, and other sexually
transmitted diseases as well as health screening and immunization
services;
4.2.4.4 Twelve (12) to fifteen (15) individual youth sessions, between one (1) to
two (2) hours each, for integrated A-CRA/ACC services;
4.2.4.5 Six (6) monthly peer groups, between one (1) to three (3) hours each;
4.2.4.6 Sixteen (16) to twenty (20) weeks of intensive case management and
referral services to participants at the OCBF'S administrative offices
following Post-Release therapy. Services shall be designed to help
prevent recidivism and improve pro-social behaviors, school
performance, employment, health education, family bonding, and
community connections.
4.2.5
Document weekly participation in YTIP, collect and share outcomes participation
data with COUNTY as requested, participant's school records, social services
contacts, family status, gang involvement, employment status, juvenile justice
system involvement, and the status of participant's probation plan; and
4.2.6
Instruct OCBF staff, employees and volunteers that the identification badges
issued to them as a result of COUNTY’s security clearance shall be worn at all
times to access specified and designated areas of the detention facilities and
YRCs. In addition, OCBF staff shall, at all times, adhere to policies and
procedures governing conduct while being present at the detention facilities and
YRCs and in the course of performance of services under this MOU.
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5.0
PROGRAM MANAGEMENT
The Orange County Probation Department's Assistant Division Directors (ADDs) of YGC,
Joplin, Juvenile Hall, YLA, ACP, HSP and the YRCs shall coordinate YTIP services with OCBF.
The ADDs shall provide supervision and management direction in areas relating to policy,
informational and procedural requirements of the YTIP.
6.0
PROGRAM REPORTING REQUIREMENTS
COUNTY and OCBF agree to keep records and data generated by their participation in YTIP.
Such documentation shall be in a form and substance that will enable the COUNTY to measure
YTIP outcomes, assessing the effectiveness of the YTIP.
COUNTY, or its authorized representative, shall have access to any books, documents, papers,
and records of OCBF which COUNTY or its representative deems to be pertinent to this MOU
for the purpose of making an audit, evaluation, excerpts, and transcripts. Further,
ADMINISTRATOR has the right, at all reasonable times, to inspect or otherwise evaluate the
work performed.
7.0
ALTERATION OF TERMS
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 shall be valid unless made in the form of a written amendment to this MOU, which is
formally approved and executed by all parties.
8.0
CONFIDENTIALITY
8.1
COUNTY and OCBF shall maintain the confidentiality of all records in accordance with
all applicable federal, state and local laws, regulations, ordinances and directives relating
to confidentiality. All records and information concerning any and all matters referred to
COUNTY or OCBF shall be considered and kept confidential by all parties and their
respective staff, agents, employees and volunteers as may be required by law.
Employees, agents, staff and volunteers involved in YTIP must be advised, in writing, of
the confidentiality of all records. Information obtained by COUNTY, or OCBF in the
performance of this MOU shall be treated as strictly confidential, and shall not be used
for any purpose other than the performance of this MOU, except as may be required or
permitted by law. Identity of juveniles shall be held in strict confidence.
8.2
In addition to the general confidentiality provisions of this section, COUNTY, OCBF and
its employees, agents, staff and volunteers associated with YTIP specifically agree to
comply with the Orange County Superior Juvenile Court policy entitled Policy:
"Juvenile Court Exchange of Information, Confidentiality and Release of Information
Media Policy", dated January 28, 1997 September 23, 2010, or as it may be amended,
attached hereto as "Exhibit 1.0" and incorporated herein by reference, which governs the
confidentiality of juvenile record information and probation records.
8.2.1
The foregoing Juvenile Court policy was adopted in accordance with Welfare
and Institutions Code Section 827 and all applicable statues, court orders and
case law. No access, disclosure or release of information regarding a minor who
is the subject of Juvenile Court proceedings or any other “juvenile record
information,” as defined in said Juvenile Court policy, shall be permitted except
as authorized. If authorization is in doubt, no such information shall be released
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without the prior approval and consent of the Presiding Judge of the Juvenile
Court.
8.3
9.0
“Juvenile record information,” as defined in said Juvenile Court policy, is understood to
include all records and data which identify the juvenile subject of the information, and
associate that subject with any aspect of the administration of the Juvenile Court law of
the State of California, as well as any record or data relating to any juvenile contacts and
arrests even if Juvenile Court proceedings were not instituted, including records of
temporary custody and detention of a minor pursuant to Welfare and Institutions Code
Section 625. Such information includes, but is not limited to, the subject’s offense
history, social history, all information of a diagnostic or evaluative nature, and any other
personal or confidential data, which can be traced to the subject, whether or not generated
by OCBF or any COUNTY agency.
PUBLICITY
During the performance of duties under this MOU, OCBF, its employees, volunteers, agents, and
officers, shall not publish or disseminate advertisements, press releases, or feature articles related
to YTIP or related services provided under this MOU without the prior written consent of the
ADMINISTRATOR.
10.0
GOVERNING LAW
COUNTY and OCBF mutually agree to adhere to all applicable laws of the United States, State
of California, and the rules and regulations promulgated thereunder including, but not restricted
to, all laws governing confidentiality and privacy and the release of information.
11.0
INDEPENDENT CONTRACTOR
11.1
OCBF shall be considered an independent contractor and neither OCBF, its employees,
nor anyone working under OCBF shall be considered an agent or an employee of
COUNTY. Neither OCBF, its employees nor anyone working under OCBF shall qualify
for workers’ compensation or other fringe benefits of any kind through COUNTY.
11.2
Assignment/Subcontracting
No performance of this MOU or any portion thereof may be assigned by the OCBF
without the express written consent of the COUNTY. Any attempt by OCBF to assign
any performance of the terms of this MOU without the express written consent of the
COUNTY shall be null and void and shall constitute a breach of the terms of this MOU.
In the event of such a breach, this MOU may be terminated forthwith.
No performance of this MOU or any portion thereof may be subcontracted by OCBF
without the express written consent of the ADMINISTRATOR. Any attempt by OCBF
to subcontract any performance of the terms of this MOU without the express written
consent of the ADMINISTRATOR shall be null and void and shall constitute a breach of
the terms of this MOU. In the event of such breach, this MOU may be terminated
forthwith. In the event that OCBF should consent to subcontracting, each and all of the
provisions for this MOU and any amendment thereto shall extend to and be binding upon
and inure to the benefit of the successors or administrators of the respective parties.
Whenever OCBF is authorized to subcontract, the terms of this MOU shall prevail over
those of any such subcontract.
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In the event OCBF is allowed to subcontract, the COUNTY shall look to OCBF for the
results of its sub-tier. OCBF agrees to be responsible for all the subcontractor’s acts and
omissions to the same extent as if the subcontractor(s) were employees of OCBF. No
subcontracts shall alter in any way any legal responsibility of OCBF to the COUNTY.
In the event that ADMINISTRATOR should consent to subcontracting, OCBF shall
include in all subcontracts the following provision: “This contract is a subcontract under
the terms of a prime contract with the County of Orange. All representations and
warranties shall inure to the benefit of the County of Orange."
12.0
INDEMNIFICATION
OCBF agrees to indemnify, defend with counsel approved in writing by COUNTY, and hold
COUNTY, its elected and appointed officials, officers, employees, agents and those special
districts and agencies of which COUNTY’S Board of Supervisors acts as the governing board
(“COUNTY INDEMNITEES”) harmless from any claims, demands or liability of any kind or
nature, including but not limited to personal injury or property damage, arising from or related to
the services, products or other performance provided by OCBF pursuant to this MOU. If
judgment is entered against OCBF and COUNTY by a court of competent jurisdiction because of
the concurrent active negligence of COUNTY or COUNTY INDEMNITEES, OCBF and
COUNTY agree that liability will be apportioned as determined by the court. Neither party shall
request a jury apportionment.
13.0
INSURANCE
Prior to the provision of services under this MOU, OCBF agrees to purchase all required
insurance at OCBF’S expense and to deposit with the COUNTY Certificates of Insurance,
including all endorsements required herein, necessary to satisfy the 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 the COUNTY during the entire term of this MOU. In
addition, all subcontractors performing work on behalf of OCBF pursuant to this MOU shall
obtain insurance subject to the same terms and conditions as set forth herein for OCBF.
All self-insured retentions (SIRs) or deductibles shall be clearly stated on the Certificate of
Insurance. If no SIRs or deductibles apply, indicate this on the Certificate of Insurance with a
zero (0) by the appropriate line of coverage. Any All insurance policies required by this MOU
shall declare any deductible or self-insured retention (SIR) or deductible in an amount in excess
of $25,000 ($5,000 for automobile liability), which shall specifically be approved by the County
Executive Office (CEO)/Office of Risk Management. OCBF shall be responsible for
reimbursement of any deductible to the insurer.
If OCBF fails to maintain insurance acceptable to the COUNTY for the full term of this MOU,
the COUNTY may terminate this MOU.
Qualified Insurer
The policy or policies of insurance must be issued by an insurer licensed to do business in the
State of California (California Admitted Carrier).
Minimum insurance company ratings as determined by the most current edition of the Best's Key
Rating Guide/Property-Casualty/United States or ambest.com shall be A- (Secure Best's
Rating) and VIII (Financial Size Category).
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If the carrier is a non-admitted carrier in the State of California and does not meet or exceed an
A.M. Best rating of A-/ VIII, CEO/Office of Risk Management retains the right to approve or
reject carrier after a review of the company's performance and financial ratings. If the nonadmitted carrier meets or exceeds the minimum A.M. Best rating of A-/ VIII, the agency can
accept the insurance.
The policy or policies of insurance maintained by the OCBF shall provide the minimum limits
and coverage as set forth:
Coverage
Minimum Limits
Commercial General Liability with broad form
property damage and contractual liability
$1,000,000 combined single
limit per occurrence,
$2,000,000 aggregate
Automobile Liability including coverage
for owned, non-owned and hired vehicles
$1,000,000 combined single
limit per occurrence
Workers' Compensation
Statutory
Employers' Liability Insurance
$1,000,000 per occurrence
Professional Liability Insurance
$1,000,000 per claims made
or per occurrence
Sexual Misconduct Liability
$1,000,000 per occurrence
Required Coverage Forms
The Commercial General Liability coverage shall be written on Insurance Services Office (ISO)
form CG 00 01, or a substitute form providing liability coverage at least as broad.
The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA
0012, CA 00 20, or a substitute form providing coverage at least as broad.
Required Endorsements
The Commercial General Liability policy shall contain the following endorsements, which shall
accompany the Certificate of Insurance:
An Additional Insured endorsement using ISO form CG 2010 or CG 2033, or a form at
least as broad, naming the County of Orange, its elected and appointed officials, officers,
agents and employees as Additional Insureds.
A primary non-contributing endorsement evidencing that OCBF'S insurance is primary,
and any insurance or self-insurance maintained by the County of Orange shall be excess
and non-contributing.
All insurance policies required by this contract shall waive all rights of subrogation against the
County of Orange and members of the Board of Supervisors, its elected and appointed officials,
officers, agents and employees when acting within the scope of their appointment or employment.
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The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving
all rights of subrogation against the County of Orange, and members of the Board of Supervisors,
its elected and appointed officials, officers, agents and employees.
All insurance policies required by this MOU shall give the COUNTY thirty (30) days notice in
the event of cancellation and ten (10) days for non-payment of premium. This shall be evidenced
by policy provisions or an endorsement separate from the Certificate 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.
If OCBF's Professional Liability policy is a "Claims Made" policy, OCBF shall agree to maintain
professional liability coverage for two (2) years following completion of MOU.
The Commercial General Liability policy shall contain a severability of interests clause also
known as a "separation of insureds" clause (standard in the ISO CG 001 policy).
Insurance certificates should be forwarded to the COUNTY at the address listed in Section 19.0
of this MOU, attention to the Contract Services Manager. Services provided by OCBF may not
commence until OCBF provides the insurance certificates and endorsements to COUNTY.
COUNTY expressly retains the right to require OCBF to increase or decrease insurance of any of
the above insurance types throughout the term of this MOU. Any increase or decrease in
insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately
protect COUNTY.
COUNTY shall notify OCBF in writing of changes in the insurance requirements. If OCBF does
not deposit copies of acceptable certificates of insurance and endorsements with COUNTY
incorporating such changes within thirty (30) days of receipt of such notice, this MOU may be in
breach without further notice to OCBF, and COUNTY shall be entitled to all legal remedies.
The procuring of such required policy or policies of insurance shall not be construed to limit
OCBF's liability hereunder nor to fulfill the indemnification provisions and requirements of this
MOU, nor act in any way to reduce the policy coverage and limits available from the insurer.
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.
The COUNTY shall be added as an additional insured on all insurance policies required by this
MOU with respect to work done by OCBF under the terms of 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
Certificate of Insurance.
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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 OCBF's insurance is primary and noncontributing shall specifically accompany the Certificate of Insurance for the Commercial
General Liability and Sexual Misconduct Liability.
All insurance policies required by this MOU shall waive all rights of subrogation against the
COUNTY and members of the Board of Supervisors, its elected and appointed officials, officers,
agents and employees when acting within the scope of their appointment or employment.
OCBF 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. OCBF will comply with such provisions and shall
furnish the COUNTY satisfactory evidence that the OCBF 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.
The COUNTY Certificate 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.
14.0
EMPLOYMENT ELIGIBILITY VERIFICATION
As applicable, OCBF warrants that it fully complies with all Federal and State statutes and
regulations regarding the employment of aliens and others and that all its employees performing
work under this MOU meet the citizenship or alien status requirement set forth in Federal statutes
and regulations. OCBF shall obtain, from all employees performing work hereunder, all
verification and other documentation of employment eligibility status required by Federal or State
statutes and regulations including, but not limited to, the Immigration Reform and Control Act of
1986, 8 U.S.C §1324 et seq., as they currently exist and as they may be hereafter amended.
OCBF shall retain all such documentation for all covered employees for the period prescribed by
the law. OCBF shall indemnify, defend with counsel approved in writing by COUNTY, and hold
harmless, COUNTY, its agents, officers, and employees from employer sanctions and any other
liability which may be assessed against OCBF or COUNTY or both in connection with any
alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for
employment of any persons performing work under this MOU.
15.0
COUNTY OF ORANGE CHILD SUPPORT ENFORCEMENT
In order to comply with child support enforcement requirements of the COUNTY, within thirty
(30) days of approval by the Orange County Board of Supervisors of this MOU, OCBF shall
furnish the COUNTY with the data and/or certifications required pursuant to “County of Orange
Child Support Enforcement Certificate,” attached hereto as “Exhibit 2.0” and incorporated herein
by reference.
Failure of OCBF to timely submit the required data and/or certifications required above or to
comply with all federal, state and local reporting requirements regarding its employees and with
all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment, shall
constitute a material breach of this MOU.
Failure to cure such breach within sixty (60) calendar days of notice from the COUNTY shall
constitute grounds for termination of this MOU.
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04/14/11
16.0
TERMINATION
This MOU may be terminated by either party, with or without cause, upon notification to the
other party in writing thirty (30) days in advance of the desired date of termination.
17.0
CONTINGENCY OF FUNDS
OCBF acknowledges that funding or portions of funding for this contract may be contingent
upon State budget approval; receipt of funds from, and/or obligation of funds by, the State of
California to COUNTY, and inclusion of sufficient funding for the services hereunder in the
budget approved by COUNTY’s Board of Supervisors for each fiscal year covered by this
contract. If such approval, funding or appropriations are not forthcoming, or are otherwise
limited, COUNTY may immediately terminate or modify this contract without penalty.
18.0
19.0
NON-DISCRIMINATION
18.1
In the performance of this MOU, OCBF agrees that it will comply with the requirements
of Section 1735 of the California Labor Code and not engage nor permit any
subcontractors to engage in discrimination in employment of persons because of the
race, religious creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, or sex of such persons.
OCBF
acknowledges that a violation of this provision shall subject OCBF to all the penalties
imposed for a violation of Section 1720 et seq. of the California Labor
18.2
Pursuant to Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation
Act of 1973, and the Age Discrimination Act of 1975, OCBF shall not discriminate in
the provision of services on the basis of race, color, national origin, disability, or age.
NOTICES
Any and all notices, requests, demands and other communications related to services under the
terms of this MOU shall be in writing, except for the parties' routine exchange of information
and cooperation during the term of the services, and shall be addressed as follows:
COUNTY
Orange County Probation Department
Attention: Assistant Division Director, Youth Guidance Center
P.O. Box 10260
Santa Ana, CA 92711
OCBF
Orange County Bar Foundation
Attention: Director
313 N. Birch Street
Santa Ana, CA 92701
(Signature page follows)
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04/14/11
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding in the County
of Orange, State of California.
COUNTY OF ORANGE
ORANGE COUNTY BAR FOUNDATION
BY: ______________________________________
Chair of the Board of Supervisors
Orange County, California
BY: __________________________________
DATED:___________________________________
DATED:_______________________________
TITLE:________________________________
BY:___________________________________
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIR OF THE BOARD PER G.C. SEC. 25103,
RESO 79-1535
TITLE: _______________________________
DATED:_______________________________
ATTEST:
______________________________________________
Darlene J. Bloom
Clerk of the Board of Supervisors
Orange County, California
DATED: ______________________________
APPROVED AS TO FORM:
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
BY: _______________________________________
Senior Deputy
DATED: ______________________________
If the contracting party is a corporation, two (2) signatures are required:
 One (1) signature by the Chairman of the Board, the President, or any Vice President; and
 One (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer.
In the alternative, a single corporate signature is acceptable when accompanied by a corporate document demonstrating the
legal authority of the signatory to bind the corporation.
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