HomeMy WebLinkAboutCounty of San Diego Health and Human Services Agency; 2017-11-09;COJNTY OF SAN DIEGO
[l]HHSA LIVE WELL HEALTH AND HUMAN SERVICES AGENCY
MEMORANDUM OF AGREEMENT
Parties
This Memorandum of Agreement ("MOA") is made by and among Aging &
Independence Services, County of San Diego ("County"), Senior Volunteers in Action Program
and the Carlsbad Police Department ("Volunteer Site"). The parties to this MOA may be
referred to herein collectively as the "parties" or individually as a "party."
Recital
Aging & Independence Services' (AIS) Senior Volunteers in Action Program, aligning with the
Live Well San Diego vision, engages senior volunteers, age 50 and older, including Retired and
Senior Volunteer Program (RSVP) volunteers who are age 55 and older. The program is open
to volunteer sites that are a non-profit, public or hospital entity. The goal of the Senior
Volunteers in Action Program is to offer a meaningful volunteer experience opportunity for
senior volunteers to share their knowledge, skills and wisdom, while serving the community.
RSVP was established in 1971 for senior volunteers and is now one of the largest national
senior volunteer organizations. The purpose of RSVP is also to engage persons age 55 and
older in volunteer service to meet critical community needs; and to provide a high quality
experience that will enrich the lives of volunteers. Senior volunteer participation renews the ethic
of civic responsibility and the spirit of community, while providing tangible benefits to the
communities in which the service is performed. RSVP Regulations, Title 45 of the Code of
Federal Regulations Section 2553.23(c) (2) states the need for a "Memorandum of
Understanding" to govern the placement of RSVP volunteers and specify the mutual
responsibilities of the sponsor and site. This agreement, between AIS and the other Party, will
enhance the organization's ability to meet community needs by increasing volunteer recruitment
activities.
THEREFORE, in consideration of the foregoing recital and the mutual covenants and
promises set forth below, and for other good and valuable consideration, receipt of which is
hereby acknowledged, the parties hereto agree as follows:
1. Administration of MOA: Each party identifies the following individual to serve as the
authorized administrative representative for that party. Any party may change its
administrative representative by notifying the other party in writing of such change. Any
such change will become effective upon the receipt of such notice by the other party to this
MOA. Notice of the authorized representative should be sent to each party as follows:
County of San Diego
Chuck Matthews, Interim Director
Aging & Independence Services
5560 Overland Ave., Suite 310
San Diego, CA 92123
Chuck. Matthews@sdcounty.ca.gov
Phone (858) 505-6329
Fax (858) 495-5964
Other Party
Neil Gallucci, Chief
Carlsbad Police Department
2560 Orion Way
Carlsbad, CA 92010
Neil.gallucci@carlsbadca.gov
PhoneIT60)931-2100
Fax (760) 931-8473
Please check type of organization:
2. Parties' Responsibilities
2.1. AIS Senior Volunteers in Action Program
D Non-profit
X Public
D Proprietary Health Care Facility
2.1.1 Recruit and interview potential volunteers. Refer appropriate senior
volunteers to this Volunteer Site for an established volunteer position.
2.1.2 Provide orientation for Volunteer Site staff prior to placement, and at other
times, as needed.
2.1.3 Furnish accident and personal liability insurance coverage, as required by
program policies. Insurance is supplemental coverage and is not primary
insurance.
2.1.4 Maintain open communication to discuss and/or assess the needs of the
volunteer and Volunteer Site.
2.1.5 Provide recognition opportunities for the volunteer.
2.2. Volunteer Site
2.2.1. Communicate need for volunteers and provide volunteer position descriptions.
2.2.2. Discuss the volunteer position with the volunteer and make the final decision
on the acceptance of the volunteer. Provide orientation, training, supervision
and recognition for volunteers.
2.2.3. Provide supervision and periodic evaluation of volunteers. Provide for
adequate safety of the senior volunteers while on assignment.
2.2.4. Collect (and validate with staff signature) a monthly report of volunteer hours
and submit to the AIS Senior Volunteer office by the 15th of the following
month.
2.2.5. Collect and submit report data that reflects the amount of service that the
volunteers have delivered on a monthly basis and provide other statistical data
as needed.
2.2.6. Furnish volunteers with all materials and equipment needed to perform the
functions of the volunteer job.
2.2.7. Investigate and report any accidents and injuries involving AIS senior
volunteers to the office at (858) 505-6399.
2.2.8. Contact the AIS Senior Volunteer office for any changes in a volunteer's status
or to report a change in Volunteer Coordinator staffing.
2.2.9. Annually provide assurance that there is adequate volunteer supervision and
oversight to ensure the safety of volunteers.
2.2.10. The Volunteer Site shall perform or engage a third party to perform a criminal
background check, to include at a minimum fingerprinting and drug screening,
for all volunteers assigned to sensitive positions. Sensitive positions are those
that: (1) physically supervise minors or vulnerable adults; (2) have
unsupervised contact with minors or vulnerable adults; and/or (3) have a
fiduciary responsibility to any County client, or direct access to, or control over,
bank accounts or accounts with financial institutions of any client. The
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Volunteer Site shall document evidence that such volunteers have
satisfactorily cleared background prior to volunteering. The Volunteer Site
shall retain each volunteer's background check documentation for one year
following agreement termination.
2.3. Other provisions
2.3.1. The Volunteer Site may request the removal of a volunteer at any time. The
volunteer may withdraw from service at the Volunteer Site at any time.
2.3.2. Discussion of individual separations will occur among staff, Volunteer Site
staff, and the volunteer to clarify the reason, resolve conflicts, or take remedial
action, including placement with another Volunteer Site, if appropriate.
2.3.3. The Volunteer Site or AIS may terminate the Memorandum of Agreement at
any time.
2.3.4. Volunteers will not be assigned to any position that would displace employed
workers.
2.3.5. The Volunteer Site will provide reasonable accommodation to allow persons
with disabilities, including but not limited to mobility, hearing, vision, mental,
and cognitive impairments, if the person can fulfill the position requirements.
2.3.6. Neither the Volunteer Site nor the AIS Volunteer Office will discriminate
against volunteers or in the operation of its program on the basis of race;
color; creed; religion; sex; age; national origin; political affiliation; disability, if
the volunteer is a qualified individual with a disability; or past participation in
the discrimination complaint process.
2.3.7. Specify, either by written information or verbally, that senior volunteers are
participants in the Volunteer Site's program in all publicity featuring such
volunteers, whether radio, TV, print or verbal presentation. If in-home
assignments of volunteers are made, a letter of agreement will be signed by
the parties involved. The document will authorize volunteer service in the
home and identify specific volunteer activities, periods, and condition of
service.
2.3.8. The Volunteer Site should consider the demographic make-up of the project
service in the enrollment of volunteers, taking special efforts to recruit eligible
individuals from minority groups, person with disabilities and underrepresented
groups.
3. Indemnity and Insurance
3.1. Indemnity: County shall not be liable for, and Volunteer Site shall defend and indemnify
County and the employees and agents of County (collectively "County Parties"), against
any and all claims, demands, liability, judgments, awards, fines, mechanics' liens or
other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or
character, including attorneys' fees and court costs (hereinafter collectively referred to
as "Claims"), related to this MOA and arising either directly or indirectly from any act,
error, omission or negligence of Volunteer Site or its contractors, licensees, agents,
servants or employees, including, without limitation, Claims caused by the concurrent
negligent act, error or omission, whether active or passive, of County Parties. Volunteer
Site shall have no obligation, however, to defend or indemnify County Parties from a
Claim if it is determined by a court of competent jurisdiction that such Claim was caused
by the sole negligence or willful misconduct of County Parties.
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3.2. Insurance: Prior to execution of this MOA, the AIS Senior Volunteers in Action
Program must obtain insurance coverage as specified in item 2.1.3 of this MOA, which
also meets the requirement of the RSVP grant for RSVP volunteer, at their own cost
and expense, and to keep such insurance in force and effect during the term of this
MOA for each volunteer assigned.
4. Conformance With Rules And Regulations: Volunteer Site shall be in conformity with all
applicable federal, State, County, and local laws, rules, and regulations, current and
hereinafter enacted, including facility and professional licensing and/or certification laws and
keep in effect any and all licenses, permits, notices and certificates as are required.
Volunteer Site shall further comply with all laws applicable to wages and hours of
employment, occupational safety, and to fire safety, health and sanitation.
5. Confidentiality: Both parties agree to maintain the confidentiality of and take industry
appropriate and legally required measures to prevent the unlawful disclosure of any
information that is legally required to be kept confidential.
6. Permits and Licenses: Volunteer Site certifies that it possesses and shall continue to
maintain or shall cause to be obtained and maintained, at no cost to the County, all
approvals, permissions, permits, licenses, and other forms of documentation required for it
and its employees to comply with all existing foreign or domestic statutes, ordinances, and
regulations, or other laws, that may be applicable to performance of services hereunder.
The County reserves the right to reasonably request and review all such applications,
permits, and licenses prior to the commencement of any services hereunder.
7. Governing Law: This MOA shall be governed, interpreted, construed and enforced in
accordance with the laws of the State of California.
8. Third Party Beneficiaries Excluded: This MOA is intended solely for the benefit of the
County and Volunteer Site. Any benefit to any third party is incidental and does not confer
on any third party to this MOA any rights whatsoever regarding the performance of this
MOA. Any attempt to enforce provisions of this MOA by third parties is specifically
prohibited.
9. Amendments to MOA: Any party may propose amendments to this MOA by providing
written notice of such amendments to the other party. This MOA may only be amended by a
written amendment signed by each party's administrative representative.
10. Severability: If any terms or provisions of this MOA or the application thereof to any person
or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this
MOA, or the application of such term and provision to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected thereby and every
other term and provision of this MOA shall be valid and enforced to the maximum extent
permitted by law.
11. Full Agreement: This MOA represents the full and entire agreement between the parties
and supersedes any prior written or oral agreements that may have existed.
12. Scope of MOA: This MOA only applies to the program described herein and does not set
forth any additional current or future obligations or agreements between the parties, except
that the parties may by written amendment amend the scope of this MOA.
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13. Live Well San Diego Vision: The County of San Diego, Health and Human Service Agency
(HHSA), supports the Live Well San Diego vision of Building Better Health, Living Safely,
and Thriving. Live Well San Diego, developed by the County of San Diego, is a
comprehensive, innovative regional vision that combines the efforts of partners inside and
outside County government to help all residents be healthy, safe, and thriving. All HHSA
partners and contractors, to the extent feasible, are expected to advance this vision.
Building Better Health focuses on improving the health of residents and supporting healthy
choices. Living Safely seeks to ensure residents are protected from crime and abuse,
neighborhoods are safe, and communities are resilient to disasters and emergencies.
Thriving focuses on promoting a region in which residents can enjoy the highest quality of
life. Information about Live Well San Diego can be found on the County's website and a
website dedicated to the vision:
http://www.sdcounty.ca.gov/hhsa/programs/sd/live well san diego/index.html
http://www.LiveWellSD.org
14. Term: This MOA shall become effective on the date all of the parties have signed this MOA
and be in force until November 30, 2020.
15. Termination For Convenience. The County may, by written notice stating the extent and
effective date, terminate this MOA for convenience in whole or in part, at any time.
16. Counterparts: This MOA may be executed in any number of separate counterparts, each of
which shall be deemed an original but all of which when taken together shall constitute one and
the same instrument.
Dated: 8 -2 T-1·1
APPROVED AS TO FORM
Celi~~ Brer,, City Attorney
By: ~(<=>-,,
Asst/Deputy City Attorney
City of Car1sbad, CA
By:
By:
Carlsbad Police Department
NEIL GALLUCCI, Chief
APPROVED AS TO FORM AND LE
COUNTY COUNSEL
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