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HomeMy WebLinkAboutAGMT - UCI Department of Pediatrics (Child Abuse Services Team CAST)MEMORANDUM OF UNDERSTANDING THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, AS DESCRIBED IN ARTICLE IX, SECTION 9 OF THE CALIFORNIA CONSTITUTION, ON BEHALF OF UNIVERSITY CALIFORNIA, IRVINE DEPARTMENT OF PEDIATRICS AND THE CITY OF SEAL BEACH POLICE DEPARTMENT THE LAW ENFORCEMENT AGENCY This Memorandum of Understanding ("MOU") dated July 1, 2021 is by an between The Regents of the University of California, as described in Article IX, Section 9 of the California Constitution on behalf of University of California, Irvine Department of Pediatrics (`UCI"), and the City of Seal Beach Police Department ("Law Enforcement Agency"), sometimes referred to individually as "Party" and collectively as "Parties" WHEREAS the purpose of this MOU ,is to summarize the terms of an operational agreement between the following entities: UCI, the Orange County Social Services Agency (SSA), the Child Abuse Services Team (CAST), the Office of the District Attorney (DA), and the Law Enforcement Agency. WHEREAS UCI and SSA have entered into an Agreement for Provision of Child Abuse Services ("Agreement"), the term of this MOU will be from July 1, 2021 through June 30, 2025. Notwithstanding the foregoing, this MOU shall terminate immediately upon termination of the Agreement. NOW THEREFORE, the entities have agreed to the following: UCI will closely coordinate the following services with the Seal Beach Police Department. Law Enforcement Agency in relation to the following areas: 1. Attorney General GrantRequirements; 2. California Governor's Office of Emergency Services (Cal OES) Grant Requirements; 3. Department of Justice Grant Requirements; 4. Utilizing CAST to reduce the trauma to the child; All entities believe that implementation of the CAST proposal, as described herein, will further this goal. To that end, each entity agrees to participate in the program by coordinating and/or providing the following services: • Project staff being readily available to CAST for service provision through the attached Agreement for the Child Abuse Medical Services Provider. • Regularly scheduled meetings between indicated agencies to discuss strategies, timetables, and implementation of mandatedservices. • Specifically, services as described in the Agreement attached hereto and incorporated herein by reference. CAST -UCI — Peds DepL — Seal Bench PD— Eff 07-01-2021 The undersigned Law Enforcement Agency, as the authorized representative of CAST, SSA, and the DA, and UCI, do hereby approve this MOU. 1. TERM: The term of this MOU will be from July 1st, 2021- June 30th, 2025. 2. COMPENSATION: Law Enforcement Agency agrees to reimburse UCI at the rates reflected in Table 1 - Compensation: Table 1- Compensation Name and Description of Service 7/1/2021 thru 06/30/22 7/1/2022 thru 06/30/23 711/2023 thru 06/30/24 7/1/2024 thru 06/30/25 Non-acute Exam Exam any time after an incident without the collection of forensic evidence. $700 5750 $800 $850 Acute Exam Exam up to 10 days after incident, with potential for forensic evidence collection at discretion of examiner. $850 1 $900 1 $950 $1,000 3. BILLING: a. The CAST Office Coordinator will invoice the law enforcement agency after services have been rendered. b. The law enforcement agency will remit payment within thirty (30) days from the date on the invoice to thefollowing address: i. UC Irvine Department of Pediatrics Attn: Finances 333 City Blvd West, Suite 800 Orange, CA 92868 4. DESCRIPTION OFSERVICES: a. An exam can include the following services but is not limited to: i. Initial Evaluation ii. Evidence Collection (for acuteexams) iii. Written Report iv. Consultation V. STI Testing vi. Lab Analysis vii. Follow Up Exams b. Acute Exam: Exam up to 10 days after incident, with potential for forensic evidence collection atdiscretion of examiner. c. Non- Acute Exam: Exam any time after an incident without the collection of forensic evidence. CAST - UCI —Peds Dept — Seal Beach PD —Eff 07-01 2021 2 5. INDEMNIFICATION Each Party shall defend, indemnify and hold the other Party, its officers, employees and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this MOU, but only in proportion to and to the extent such Iiability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from its own negligent or intentional acts or omissions or those of its officers, employees or agents. & INSURANCE A. Law Enforcement Agency, at its sole cost and expense, shall insure its activities in connection with this MOU and obtain, keep in force and maintain insurance as follows: 1. Comprehensive or Commercial Form General Liability Insurance (contractual liability included) with limits as follows: (a) Each Occurrence $ 2,000,000 (b) General Aggregate (Not applicable to $ 5,000,000 the Comprehensive form) However, if such insurance is written on a claims -made form following termination of this MOU coverage shall survive for a period of not less than three years. Coverage shall provide for a retroactive date of placement coinciding with the effective date of this MOU- 2. Business Automobile Liability Insurance for owned, scheduled, non -owned or hired automobiles with a combined single limit no less than One Million Dollars ($1,000,000) per occurrence. 3. Workers' Compensation and Employers Liability Insurance in a form and amount covering Law Enforcement Agency's full liability under the Workers' Compensation Insurance and Safety Act of the State of California as amended from time to time. 4. Such other insurance in such amounts which from time to time may be reasonably required by the mutual consent of UCI and Law Enforcement Agency against other insurable risks relating to performance. It should be expressly understood, however, that the coverages required under this Section A.1., 2., 3. and 4. shall not in any way limit the liability of Law Enforcement Agency. Law Enforcement Agency, upon the execution of this MOU shall furnish UCI with Certificates of Insurance evidencing compliance with all requirements. Certificates shall further provide for thirty (30) -day advance written notice to UGI of any modification, change or cancellation of any of the above insurance coverages. CAST - UCI —Peds Dept— Seal Beach PD —Eff 07-01-2021 B. UCI at its sole cost and expense, shall insure its activities in connection with this MOU and obtain, keep in force and maintain a self-insurance program as follows: 1. General Liability Self -Insurance Program with'limits as follows: (a) Each Occurrence S2,000,000 (b) General Aggregate $ 5,000,000 2. Professional Medical and Hospital Liability self-insurance program with limits as follows: (a) Each Occurrence S2,000,000 (b) General Aggregate $ 5,000,000 If such insurance is written on a claim made form, following termination of the MOU, coverage shall survive for the maximum reporting period available from insurance sources. Coverage shaII also provide for a retroactive date of placement prior to or coinciding with the effective date of the MOU. 3. Business Automobile SeIf-Insurance Program for owned, scheduled, non -owned, or hired automobiles with a combined single limit no less than One Million Dollars ($1,000,000) per occurrence. 4. Workers' Compensation and Employers Liability equivalent Self -Insurance Program covering UCI'S full liability under the Workers' Compensation Insurance and Safety Act of the State of California, as amended from time to time. 5. Such other insurance in such amounts which from time to time may be reasonably required by the mutual consent of Law Enforcement Agency and UCI against other insurable risks relating to performance. It should be expressly understood, however, that the coverages required under this Section B. 1., 2., 3., 4. and 5. shall not in any way limit the liability of UCI. UCI, upon the execution of this MOU, shall furnish Law Enforcement Agency with Certificates of Self -Insurance evidencing compliance with .all requirements. Certificates shall further provide for thirty (30) day advance written notice to Law Enforcement Agency of any modification, change or cancellation of any of the above insurance coverages. CAST - UCI — Peds Dept — Seal Beach PD — Eff 07-01-2021 4 IN WITNESS WHEREOF, the parties have entered into this MOU as of the day and year first written above. UCI: THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, AS DESCRIBED IN ARTICLE IX, SECTION 9 OF THE CALIFORNIA CONSTITUTION ON BEHALF OF UNIVERSITY OF CALIFORNIA, IRVINE DEPARTMENT OF PEDTk-TRICS r By: Name: Chad Lefteris Title: Chief Executive Officer Date: 8/10/2021 Address: 101 The City Drive South Orange, CA 92868 CAST - UCI— Peds Dept.— Seal Beach PD— Eff 07-01-2021 LAW ENFORCEMENT AGENCY: SEAL BEACH POLICE DEPARTMENT B�= Name: PhiljR L. Gonshak Title: Chief of Police Date: f 041 2-Q 21 Address: 911 Seal Beach Blvd. Seal Beach, CA 90740