MEMORANDUM OF UNDERSTANDING between

Transcription

1 The purpose of this document is to formalize agreements made between RJKCCC and program providers by clearly defining the role of all involved parties. All such collaborative agreements must receive approval from the Salvation Army Southern Territory Headquarters prior to program implementation. MEMORANDUM OF UNDERSTANDING between The Salvation Army Ray and Joan Kroc Corps Community Center and (insert name of Collaborator) This agreement is made this day,, 20, by and between THE SALVATION ARMY RAY AND JOAN CORPS COMMUNITY CENTER (RJKCCC), located at (insert full address) hereinafter designated as the "Center", and (insert name of Collaborator and full address) hereinafter designated as "Collaborator". WHEREAS, the Center and Collaborator have respected experience in providing family, youth and child support services and programs; and WHEREAS, the Center and Collaborator wish to serve: (insert name of community, participant group or program membership) through a collaborative program provided at The Salvation Army Ray and Joan Kroc Corps Community Center site. WHEREAS, the parties wish to collaborate to implement the program: (insert name of collaborative program and brief description thereof; text box will expand to accommodate narrative) WHEREAS, the parties commit to further clarify their working relationship pertaining to the program by subsequent agreements as needed. Memorandum of Understanding Rev page 1 of 7

2 In consideration of the mutual promises and agreements herein; the Center and the Collaborator agree to work towards the enhancement of the community through a collaborative project/program as follows: 1. Purpose of Agreement: The purpose of this Agreement is for the collaborative implementation of the PROGRAM described above. 2. Agreement Term: The term of this Agreement shall commence on and shall terminate or pursuant to the provision of Section III (D) of this Memorandum of Understanding (MOU). 3. Hours of Agreement: The premises shall be made available to the Collaborator during the hours of to, for the days of, except Holidays unless special arrangements are made. I. Responsibilities of Collaborator: A) The Collaborator will be responsible for the overall management and implementation of the program. In some cases, the Center may grant shared leadership based on the need and direction of the program. B) If the Collaborator has the primary role of responsibility for the program and/or singularly uses a portion of the facility, the MOU must be used. C) The Collaborator shall also be responsible for the following actions: 1. Provide copies of insurance as required by The Salvation Army (TSA). 2. Provide all consumable supplies and equipment as applicable 3. Provide and adhere to agreed-upon schedule of activities and use of the RJKCCC facility 4. Provide a copy of curriculum or program outline to RJKCCC for review and approval 5. Provide information regarding days and hours of services 6. Provide information regarding length of time the service will be provided 7. Provide necessary staff for instruction and supervision of activities related to the program 8. Abide by all rules governing activities and behavior at the RJKCCC 9. Notify RJKCCC if staff/volunteers will be late or absent 10. Report child abuse and neglect in accordance with the laws of the State of to Child Protective Services. Also inform appropriate RJKCCC personnel immediately. 11. Designate an individual to serve as a liaison between the Collaborator and the RJKCCC and hold subsequent meetings for planning and evaluation purposes 12. Allow for a quarterly client survey to assure clientele feel they are being well served 13. Ensure all literature, publications, and advertising materials related to the Memorandum of Understanding Rev page 2 of 7

3 program and services list the name of the facility as The Salvation Army Ray & Joan Kroc Corps Community Center. 14. Ensure all printed material is approved by the appropriate RJKCCC staff prior to printing, posting and distribution D) The Collaborator is responsible for the screening, orientation and service of their employees and/or volunteers. However, the Center reserves the right to recommend dismissal of any employee or volunteer who does not follow the policies of the Center. E) The Center shall provide the maintenance necessary to keep the portion of the facility it occupies in good condition and repair throughout the term of the MOU. However, any damage to the facility from malicious actions and/or carelessness of staff or participants shall be the responsibility of Collaborator. II. Responsibilities of Center: The Salvation Army shall provide the following: A) Office Use: The Center may provide access to office space in the RJKCCC facility based on availability. Office location within the RJKCCC facility is to be determined by Center for the current rate as listed on the Center s Fee Chart. B) Telephone: The Center may provide access to one phone in an assigned office. If a phone is designated for use by the Collaborator, the Fee Chart shall be used to share the monthly charge for basic phone service. The Collaborator must pay any long distance fees they incur. C) Photocopying: The Center shall provide access to photocopy machines at the RJKCCC. Fees per copy can be found on the Fee Chart. No Collaborator employee or volunteer may use the photocopy equipment without an orientation. D) Facilities: The Center shall provide the Collaborator access to appropriate rooms necessary for providing the program. The scheduling of classrooms for this purpose must be mutually agreed upon by the Center and Collaborator based on the timing of the program being offered. The Center agrees to provide additional space to the Collaborator for a per month fee based on the Fee Chart. This fee will cover space, tables, chairs and additional equipment as needed. The Center further agrees to allow Collaborator employees and agents to use space for said program and to have free access and departure from the same. E) Meeting Rooms/Services: The use of additional RJKCCC meeting rooms or services shall be purchased as listed on the Fee Chart or at a mutually agreed upon rate. Memorandum of Understanding Rev page 3 of 7

4 III. Joint Responsibilities A) Program Monitoring: The Center and Collaborator, in conjunction, shall monitor the program for compliance with all applicable laws and regulations. Such monitoring shall be done by a program RJKCCC staff person and Center liaison. B) Security Services: The Center shall provide security services and systems for the facility. Collaborator shall adhere to any mutually agreed upon rules concerning access to the designated areas of the facility during nontraditional hours. C) Technology Coordination: The Center and/or Collaborator may provide computers as needed at the designated program site and agree to provide ongoing equipment maintenance and repairs. Prior to any modification of any physical structure for computer installation, Collaborator shall obtain approval from Center. If Salvation Army computers are used in the program, the fee listed on the Fee Chart may apply. D) Termination of Agreement: It is agreed this MOU is for the period of weeks. It is further agreed that this Agreement may be terminated by either the Center or the Collaborator upon thirty (30) days written notice. E) Right of Termination: Because of the interest of the Center in all program participants, The Salvation Army reserves the right to terminate a program immediately due to the occurrence of any illegal or unethical activities or such that are contrary to the mission of the Salvation Army, its policies and procedures and/or position statements. The Salvation Army may attempt to continue said program without the participation of the Collaborator until another program provider can be found or the program can be terminated at minimal loss to the participants. F) Maintenance, Repairs and Utilities: It is agreed the Center shall be responsible for all costs of repairs both structural and non-structural unless a participant, employee or volunteer of the Collaborator intentionally abuses the property. The Center will pay all utility costs. The Center shall also be responsible for the detailed cleaning of area, i.e. mopping, waxing and /or vacuuming of floors, thorough cleaning of cupboards, walls, ceilings-including rest rooms and common areas. The Collaborator shall be responsible for repairs of appliances, fixtures, or personal property owned, leased or controlled by the Collaborator. The Collaborator shall also be responsible for cleaning the area(s) it utilizes. This expectation includes removal of program garbage, sweeping and /or wiping up spills on floors, and wiping down surfaces (tables, counters, cupboards, etc.). Memorandum of Understanding Rev page 4 of 7

5 G) Negotiations: Should any unforeseeable problems arise, the Center and the Collaborator agree to discuss and negotiate the issue(s) until a solution can be found. While the Collaborator is the manager of said program, it is understood that all programs must be supportive of and not contrary to the mission of The Salvation Army, its policies and procedures and/or position statements. H) Insurance: The Collaborator covenants and agrees to hold harmless the Center from any and all claims for injuries to persons or property by reason of any accident or happening due to the fault of the Collaborator, its Employees or Agents. It is the responsibility of the Collaborator to present a "Certificate of Insurance" providing General Liability, Workers Compensation, and Automobile Liability coverage. Both Automobile and General Liability coverage shall indicate limits of a minimum of $1,000,000 and Worker s Compensation shall contain the required state statute limits. The certificate shall name The Salvation Army, a Georgia Corporation as an additional insured. Evidence of insurance shall be required before the program shall begin and renewal certificates are required 15 days before the expiring policy date. I) Health and Safety: It is agreed the Center will ensure the facilities are kept up to the standards of the City County (check one) of. The Center will provide security for the facility, but not be responsible for any personal or programmatic items that may be lost or stolen. The Collaborator is responsible for cleaning up after its use and for protecting its program materials and equipment if stored on-site. Since the facilities may also be used by other programs, the Collaborator must accept this multipurpose use arrangement and cooperate with other program providers. J) Background Investigation: Independent Contractors that assist in Salvation Army programs and manage staff and/or volunteers who will have direct and repetitive contact with children and/or vulnerable adults are required to provide evidence that a clear background investigation (criminal and sex offender registry search) was completed within the previous one-year period before the beginning date of the contracted service. Repetitive contact is herein defined as individual/group who will volunteer more than twice within a six-month period of time. The background investigation report should be forwarded by the Independent Contractor to the Territorial Human Resources Department for review/approval. K) Safe From Harm: All staff and volunteers who assist in Salvation Army programs or provide programs in facilities where they will have direct and repetitive contact with children and/or vulnerable adults must receive the Salvation Army s Safe From Harm training. Repetitive contact is herein defined as individual/group who will volunteer more than twice within a six-month period of time. This requirement applies to all staff and volunteers whether internal to the Salvation Army or managed by Independent Contractors. Volunteers will receive Level 1 Safe From Harm training and employees will receive the Level 2 Safe From Memorandum of Understanding Rev page 5 of 7

6 Harm training. Occasional volunteers who have not had Safe From Harm training must be directly supervised by Salvation Army employees who have been trained at the appropriate course level. L) Signage: Collaborator may place signs in agreed-upon locations around the RJKCCC that describe the program and advertise scheduled activities. The following requirements, however, must be adhered to: The Collaborator will create and distribute signs at its own expense All signs must comply with governmental regulations The Center must authorize any and all signs in advance of their distribution Signs must not cause damage to the premises No sign shall be posted permanently Signs must be removed after one (1) week, unless otherwise approved by the Center. M) Allocation of Storage: If available, storage space will be provided to the Collaborator by the Center. The Collaborator agrees to abide by the designated storage space specifications (see below) and to respect other groups storage areas and program needs. The following areas of the RJKCCC may be used by the Collaborator for program-related storage: (Outline specific areas available for program and storage space. Text box will expand to accommodate narrative.) N) Hold Harmless Indemnification: Collaborator agrees to indemnify, defend, and hold harmless The Salvation Army, its Board of Directors, officers, agents and employees from and against any and all claims, cost, demands, expenses (including reasonable attorneys fees), losses, damages, injuries and all liabilities arising from any accident, death, or injury not attributed to the use of the premises by the Collaborator. It is understood that such indemnity shall survive the termination of this MOU. O) Prohibition against Assignment: Neither this MOU nor any duties or obligations hereunder shall be assignable or transferable to any other party beyond Collaborator. P) Notices: Should one party to this MOU need to send a notice to the other party to this MOU, such notice is to be sent via United States mail, certified return receipt requested, and addressed as follows: Memorandum of Understanding Rev page 6 of 7

7 The Salvation Army RJKCCC (Center s full street address) (City, State, Zip Code) (Collaborator s name) (Collaborator s full street address) (City, State, Zip Code) Q) Modifications: This MOU constitutes the entire agreement between the parties hereto, and it is acknowledged that no other promises or representations have been made, nor are relied upon by either party entering into this Agreement. This agreement shall not be amended or modified in any way except by a written memorandum signed by authorized representatives of the parties. R) Service Alignment: The Salvation Army, an international movement, is an evangelical part of the universal Christian church. Its message is based on the Bible. Its ministry is motivated by the love of God. Its mission is to preach the gospel of Jesus Christ and to meet human needs in His name without discrimination. (The Salvation Army Mission Statement) While the Collaborator may or may not hold to the same belief structure as The Salvation Army, its program and staff will not negate, undermine or work against the mission of the Salvation Army, its applicable position statements nor its policies or procedures. The Collaborator will also be open to the natural integration of the Salvation Army mission into its programs and to the free expression of the ministry of The Salvation Army to its program participants. Insert Collaborator's Mission Statement in the space below. (Text box will expand to accommodate narrative.) IN WITNESS HEREOF, the COLLABORATOR and CENTER have this Agreement to be signed by their duly authorized officers. Signed for The Salvation Army Ray and Joan Kroc Corps Community Center Date Signed for Collaborator Date Memorandum of Understanding Rev page 7 of 7