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MEMORANDUM OF UNDERSTANDING
ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE
________________________ SCHOOL OF LAW TO FACILITATE THE
OCDA FELOWSHIP PROGRAM
THIS AGREEMENT is made and entered into _________________[DATE] in the State of California, by and between the Orange County District Attorney’s Office (“OCDA”) and _______ (“Law School”).
WHEREAS, pursuant to California Government Code Section 26500.5, the District Attorney may sponsor, supervise, or participate in any project or program to improve the administration of justice; and
WHEREAS, OCDA has established the Orange County District Attorney’s Fellowship Program (“Fellowship Program”), to provide professional, on-site experience to a qualified law school graduate (“Fellow”); and
WHEREAS, the Law School is accredited by the American Bar Association and desires to provide practical legal experience to its students and graduates by assisting them with placement in a professional environment such as that offered by the OCDA Fellowship Program;
WHEREAS, OCDA and the Law School desire to establish a mutual understanding of the scope of their responsibilities in this MOU to facilitate the Fellowship Program.
NOW, THEREFORE, in consideration of the mutual promises and conditions contained herein, OCDA and the Law School (individually “Party” or collectively “Parties”) agree as follows:
ARTICLE I - RESPONSIBILITIES OF THE ORANGE COUNTY DISTRICT ATTORNEY’S OFFICE
The Orange County District Attorney’s Office shall:
1. Facilitate the Fellowship Program.
2. Provide stipend funds to the Law School for the Fellowship Program in the amount not to exceed $50,000.00 between the time period of September 1, 2013 to August 31, 2014 if, and for each, Fellow that may be selected by OCDA from the Law School. Stipend payments shall be made monthly by the OCDA as agreed upon between OCDA and the Law School and subject to routine processing requirements.
Page 2 of 6 3. Provide information and guidelines to the Law School regarding: Application
forms, the application process, contact information.
4. Interview and select the prospective Fellow.
5. Provide any information pertinent to the Fellowship Program that may be requested by the Law School to ensure the Fellowship Program is run effectively and efficiently.
6. Review all documentation delivered by the Law School to determine which applicants, if any, will be interviewed and selected.
ARTICLE II - RESPONSIBILITIES OF THE LAW SCHOOL The Law School shall:
1. Accept all stipend funds from OCDA in a mutually agreed upon manner.
2. Develop the manner in which stipend funds will be disbursed to the Fellow. Disburse all stipend funds to the Fellow in a manner consistent with OCDA’s separate agreement with the Fellow to perform duties as an independent contractor.
3. Reimburse OCDA for any unused stipends paid in advance for services not rendered during the Fellowship period within 30 days of request.
4. Advertise and promote the Fellowship Program, including but not limited to allowing OCDA personnel to speak at campus events and to participate in mock interviews in addition to other interviews for choosing a Fellow.
5. Collect and organize all relevant documents including applications, resumes, cover letters, references, writing samples, and transcripts of Fellowship Program applicants and deliver them to OCDA.
6. Review the progress of the Fellow during the Fellowship Program with the OCDA.
7. In providing this support and review of the Fellowship Program, the Law School shall not act as an agent for OCDA.
ARTICLE III - MUTUAL UNDERSTANDINGS
1. Fellows shall be deemed independent contractors and shall not be considered employees of OCDA or the Law School.
2. Facilitation and continuation of the stipend provided by the Fellowship Program shall be contingent upon the receipt of funds from the County of Orange to OCDA and/or
Page 3 of 6 appropriation of funds by the State of California or the federal government to the County of Orange or OCDA. If such funding and/or appropriations are not forthcoming, or are otherwise limited, OCDA may immediately terminate or modify this MOU without penalty.
3. OCDA and the Law School shall mutually develop and agree upon the manner in which OCDA provides the stipend to the Law School. The Law School shall develop the manner in which stipend funds are disbursed to the Fellow.
4. The Parties agree to maintain the confidentiality of all records and information about Fellows pursuant to all applicable federal and/or state laws or regulations relating to privacy or confidentiality as each may now exist or be hereafter amended.
ARTICLE IV - GENERAL PROVISIONS 1. INDEMNIFICATION
A. The Law School agrees to defend all claims of loss, and indemnify and hold harmless the State of California, the County of Orange, the impacted County Agency, Department or Office, and its officers, agents and employees from any and all liability for personal injury, damages, wrongful death or other losses and costs, including but not limited to reasonable attorney fees and defense costs, arising out of but only in proportion and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are the result of the negligent acts or omissions or willful misconduct of the Law School or its employees, officers, agents or volunteers in the performance of this MOU.
B. The County agrees to defend all claims of loss, and indemnify and hold harmless the Law School, its Trustees, officers, agents, volunteers and employees from any and all liability for personal injury, damages, wrongful death or other losses and costs, including but not limited to reasonable attorney fees and defense costs, arising out of but only in proportion and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are the result of the negligent acts or omissions or willful misconduct of the County, the impacted County Agency, Department or Office and its respective employees, agents or volunteers in the performance of this MOU.
2. INDEPENDENT STATUS
The Parties to this MOU, in the performance of this MOU, will act in an independent capacity and not as officers or employees or agents of the other.
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While each Party may (or may not) be required under the terms of this MOU to carry Workers’ Compensation Insurance, the Parties are not entitled to unemployment or Workers’ Compensation benefits from the other.
3. GOVERNING LAW
This MOU will be construed in accordance with, and its performance governed by, the laws of the State of California. Further, each Party agrees to comply with any state or federal law applicable to the Party’s performance under this MOU.
Neither Party shall voluntarily or by operation of law, assign or otherwise transfer this MOU without the other Party’s prior written consent. Any purported assignment in violation of this paragraph shall be void.
5. ALTERATIONS & INTEGRATION
No alteration or variation of the terms of the MOU are valid unless made in writing and signed by the Parties, and no oral understanding or agreement not incorporated herein is binding on either Party.
During the performance of this MOU, the Parties and their subcontractors may not deny the benefits of this MOU to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor may they discriminate unlawfully against any Fellowship Program applicant for participation in the Fellowship Program because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age, or sex. The Parties will insure that the evaluation and treatment of Fellows are free of such discrimination.
The Parties agree and understand that if any provision of this MOU is held to be unconscionable or invalid under any applicable statute or rule of law, that
provision will be omitted from the MOU. However, the balance of the MOU will remain in full force and effect.
8. ENTIRE AGREEMENT
This MOU contains the entire understanding of the Parties with respect to the subject matter hereof.
Page 5 of 6 9. NOTICES
Any and all notices, requests, demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing, except through the course of the Parties’ routine exchange of information and cooperation during the terms of the work and services. All communications shall be addressed to the appropriate Party at the address stated herein or such other address as the Parties hereto may designate by written notice from time to time in the manner aforesaid.
For Law School: Name: __________________________________
For OCDA: Name: __________________________________
ARTICLE V – TERM OF MOU
This MOU will be in effect from September 1, 2013 to August 31, 2014. Either Party may terminate this MOU at any time, with or without cause, by providing at least thirty (30) days advance written notice. Such termination will have no effect upon the rights and obligations resulting from any transactions occurring prior to the effective date of the termination. The Parties are obligated to perform such duties as would normally extend beyond the term, including but not limited to obligations with respect to indemnification and confidentiality.
IN WITNESS WHEREOF, this MOU has been executed by both Parties on the date first above written. The individuals whose signatures appear below hereby certify that they have full power and authority to execute this MOU on behalf of the respective Parties to this MOU.
Page 6 of 6 TRUSTEES OF THE _____________________ SCHOOL OF LAW
ORANGE COUNTY DISTRICT ATTORNEY
Orange County District Attorney