(1)A volunteer association may request that the department enter into an agreement with the association to allow volunteers to participate in:
(a)The operation of department programs;
(b)The maintenance or improvement of state lands or state land facility; or
(c)Providing educational and interpretive programs and information to the public.
(2)If more than one volunteer association requests an agreement under section (1) above, the department may solicit a proposal for services from each association. The department shall select an association based upon the needs and priorities of the state lands or state land facility. The department may enter into an agreement with more than one association if the services provided by the associations are complementary for an area of state lands or a state land facility.
(3)An agreement between the department and a volunteer association shall remain in effect for five years and shall be on a form developed by the department. The agreement shall include, but need not be limited to:
(a)Identification of the state lands or state lands facility where the activity will occur;
(b)A list of the duties and responsibilities of the department and the volunteer association under the agreement;
(c)If the department agrees to provide space to a volunteer association at a state land facility, the agreement shall include a description of the space provided and the uses of the space;
(d)A requirement that the volunteer association or its members submit the appropriate information to receive volunteer injury coverage under ORS 278.125 (Purchase of insurance) for those members who will be participating in activities covered by an agreement;
(e)A requirement that the volunteer association or its members submit the appropriate forms to indemnify, defend and hold harmless the State of Oregon, the State Land Board and members thereof, the department, together with its officers, agents and employees from all claims, suits or actions of any nature, including but not limited to negligence, arising from or in connection with an activity conducted under an agreement;
(f)A requirement that any member of the volunteer association who is participating in an activity under an agreement will be fingerprinted if the member:
(A)Is working with minors and is unsupervised by department staff; or
(B)Has access to department funds.
(g)An agreement by the parties to enter into an annual written work plan detailing how the general duties and responsibilities described in a five-year agreement will be carried out. The annual work plan shall be incorporated by reference into the five-year agreement and shall be renewed annually by both parties. Either party may request an amendment to the work plan at any time. An amendment shall require the approval of both parties.
(4)An agreement shall remain in effect for five years unless terminated by either the department or the volunteer association upon 30 days written notice to the other party. A five-year agreement may be amended or renewed upon the review and approval of both parties.
Rule 141-130-0030 — Volunteer Agreements,