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11-122 Bay Area Community Resources, Memorandum of Understanding, 2011-2012 Climate Corps Memorandum of Understanding (MOU) between Bay Area Community Resources and The City of Cupertino Service Term: September 1, 2011 —July 31,2012 SUBJECT: Climate Corps Bay Area This MEMORANDUM OF UNDERSTANDING is hereby made and entered into by and between Bay Area Community Resources, hereinafter referred to as BACR and the City of Cupertino, hereinafter referred to as "Host Agency". Collectively, BACR and the City of Cupertino are hereinafter referred to as the "Parties." • ARTICLE I—BACKGROUND AND OBJECTIVES BACR is collaborating with public and nonprofit organizations in the San Francisco Bay Area to recruit, train, and place AmeriCorps Members at public and nonprofit organizations, where they will assist in implementing greenhouse gas reduction programs. The Members' term of service is from Sept. 6th, 2011 to July 27th, 2012. While working for the Host Agency, Members will complete 1700 hours to receive an education award of$5,500. During their term of service, members will implement programs that save energy, reduce greenhouse gas (GHG) emissions, and raise community engagement within environmental awarness activities. Members will devote an average of 32 hours per week to training for and directly working on emissions reduction projects, and an average of 8 hours per week to recruiting and supporting volunteers. If a member is unable to complete their full 1700 hours by July 27th due to any unforeseen circumstances during their term they may, at the discretion of BACR and the agency, be allowed time to complete their hours at the agency, or at another approved agency where there are service opportunities available. The last day members are eligible to earn hours for the 2011-2012 program year will be August 24th 2012. The objectives of the program are as follows: • Host Agency will be able to report measurable GHG reductions throughout the placement. • Members will be able to develop a practical skill set and expertise in the realm of climate change management at the community level. • Host Agency communities will be able to increase community participation towards further GHG reductions through volunteer opportunities that are created and/or increased through the participation of the Member. The Parties will work in partnership to promote the MOU, and its benefits to the Project and community at large. ARTICLE II—STATEMENT OF PROJECT ACTIVITIES Though Climate Corps Bay Area, BACR agrees to: • Recruit and asist in selection of an AmeriCorps Member for a commitment of 1700 hours over a period of 11 months, etc. •Train and support Member with a comprehensive training program that includes a training manual, a three-week orientation led by an array of experts, monthly trainings, a mid-year 2-day retreat, and three performance reviews. • Work with the Host Agency to develop a specific Scope of Work plan for Member that aligns with the GHG reduction initiatives provided by Host Agency. • Provide assistance in defining and developing metrics for the Member to measure and track the progress of GHG reduction throughout the placement. • Provide monthly follow-ups to review progress with Site Supervisor and Members. • Define and implement any corrections to Member's plan determined to be necessary based on feedback collected from Member and Host Agency. • Establish an Advisory Committee of at least 5 experienced Host Agency Staff to help ensure and improve the quality of the program through monthly meetings. Host Agency agrees to: • Take part in the recruitment and interview process to identify an AmeriCorps Member best fitted for the speicific projects' needs. • Provide one to three specific GHG reduction initiatives that Member can work on during their term of service. Initiatives must be well-defined, approved for implementation and include specific GHG reduction targets, or have the capacity to define specific reduction targets. Host Agency will work with BACR to finalize a mutually agreed-upon work plan including defined metrics no later than 1 month after the Member begins work. • Ensure that members do not work directly on policy development or policy advocacy efforts. • Assign a Site Supervisor who will be available to devote no fewer than ten (10) hours per month of one-on-one time, in-kind hours, with Member. o CCBA fenders expect a minium of a total in-kind hours reflective of$132,800 worth of supervisors' time. This breaks down to approximately 10 hours per month per CCBA Member • Complete monthly reporting to BACR indicating whether progress is being made on the initiatives. • Provide feedback on program's effectiveness: three times a year, fill out and submit an evaluation form to provide feedback on Member activities and offer data on specific GHG reduction metrics. • Attend or send a representative to BACR Partner Orientation. • Only hire member to work part-time in program or service area unrelated to BACR community service programs; Agency may not hire the AmeriCorps member for like projects until and unless member completes his/her entire program year of service. • Allow BACR to share results from this program through grant reporting and other means as BACR deems appropriate. • Support and encourage the promotion of National Service through the following o Posting AmeriCorps and National Service information at all service sites o Ensuring Members wear appropriate uniforms as required by BACR o Allowing members to leave program site to participate in pre- arranged National Service identity activities. • Provide program-wide support through either o Delivery of at least 1 al:l-day training event for all members or o Participation in an advisory committee that meets once a month for at least 1 hour for 8 months ARTICLE III—TERM OF AGREEMENT This MOU will become effective on the date of final signature and shall continue in full force and effect through July 31, 2012. ARTICLE IV—KEY OFFICIALS The individuals listed below are identified as key personnel considered essential to the project being performed under this Memorandum of Understanding For BACR Job Title: Exectutive Director, BACR Name: Marty Weinstein Address: 171 Carlos Dr, San Rafael, CA 94903 Phone Contact: 510-525-9980 Email Contact: mweinstein @bacr.org For City of Cupertino: Job Title: Public and Environmental Affairs Director Name: Rick Kitson Address: 10300 Tone Ave, Cupertino, CA 95014 Phone Number: (408) 777-3262 Email Contact: (408) 777-3262 No change in key officials will be made by either BACR or Host Agency without written notification thirty days in advance of the proposed change. The notification will include a justification in sufficient detail to permit evaluation of the impact of such a change on the scope of work. ARTICLE V—PAYMENT Host Agency will provide BACR with $16,000 per member and requests one Member for the remaining program year for a total payment amount of$16,000 to support the implementation of the program. Host Agency will complete payments within 30 days of receiving invoices. The invoices will be dispersed according to the following schedule: • Invoice 1: o Due: October 1, 2011 o Amount: $8000 • Invoice 2: o Due: February 1, 2012 o Amount: $8000 ARTICLE VI - TERMS It is mutually agreed by all Parties to this MOU that: • The Parties will review the effectiveness of the MOU and evaluate potential modifications that more adequately address the purpose of this MOU. • In the event that a Party no longer approves implementation of any of the provisions referenced in this MOU,the individual Parties agree to promptly confer to determine what, if any, modifications to this MOU should be made to address the issue(s) of concern. • In the event that a Party no longer desires to be a part of this MOU or any modification(s), then the individual Party in their sole discretion may terminate their relationship within this MOU. • Written notice must be provided by the Party desiring to withdraw from the MOU at least thirty days prior to termination. • Each Party agrees that it will be responsible for its own acts and the results thereof and shall not be responsible for the acts of the other Party and the results thereof. Each Party, therefore, agrees that it will assume all risk and liability to itself, its agents or employees, for any injury to persons or property resulting in any manner from the conduct of its own operations, and the operation of its agents or employees under this MOU, for any loss, cost, damage, or expense resulting at any time from any and all causes due to any act or acts, negligence, or the failure to exercise proper precautions, of or by itself or its agents or its own employees, while occupying or visiting the premises under and pursuant to the MOU. ARTICLE VII—AUTHORIZING SIGNATURES IN WITNESS HEREOF, the parties hereto have executed this MOU on the date(s) set forth below. Bay Area Community Resources 1,0 (//0 I Martin Weinstein Date Executive Director Agency, m II/AV/ Rick Kitson / Date Public & Environmental Affairs Director City of Cupertino OoL lel sci 11, ( )01 ( Approve as to form Date City of Cupertino City Attorney