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19-093 Local Goverment Commission, Independent Contractor Agreement, CivicSpark Program Page 1 of 3 FIRST AMENDMENT TO AGREEMENT FOR SERVICES OF INDEPENDENT CONTRACTOR THIS AMENDMENT is made and entered into as of June 16, 2020 by and between City of Cupertino, ("Partner”) and the Local Government Commission (“LGC"). RECITALS A. WHEREAS, Partner and LGC have entered into the Agreement (as defined below); and B. WHEREAS, Partner and LGC desire to modify the Agreement on the terms and conditions set forth herein to update contractual clauses; AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual agreements set forth herein, Partner and LGC hereby covenant and agree as follows: 1. Agreement. Refers to the Agreement dated May 29, 2019 between Partner and LGC. 2. Modifications to the Agreement. The Agreement is hereby modified as follows: a. Section 20 is added to the Agreement as follows: 20. Compliance with Laws. LGC and Partner agree to perform their responsibilities under this Agreement in compliance with all applicable local, state, and federal laws. LGC agrees to carry out its responsibilities under this Agreement in compliance with Partner’s SHELTER IN PLACE AND SOCIAL DISTANCING REQUIREMENTS, attached hereto as Exhibit A-A and incorporated herein. b. Exhibit “B” Scope of Services The following Item 4 is hereby added to Exhibit B: 4) 20-21 Service Year Project Specific Scope of Work a) The Fellow will enhance outreach on energy, waste, water, and pollution prevention for residents and staff. The Fellow will work with staff to engage hard to reach small businesses to pursue California Green Business Certification. b) The Fellow will support engagement, outreach, and activities related to the Partner’s Climate Action Plan (CAP) update process. The Fellow will support development of the Partner’s Zero Waste Plan. c) The Fellow will support planning and strategy related to climate adaptation and resiliency, i.e. energy resilience and electrification project planning. d) This project will include: 1) an initial gap assessment conducted by the Fellow, 2) a volunteer engagement component, and 3) a transitional support activity. i) Minor changes to the scope following the requisite gap assessment process may be needed. ii) The project will comply with AmeriCorps service guidelines including prohibited activities described in Exhibit “A”. Page 2 of 3 c. Exhibit "C" Partner Responsibilities The following Item 1.C.7 is hereby added to Exhibit C: If needed due to shelter-in-place requirements, be able to support remote service for Fellows (e.g. remote access to files, plans for remote check-in and support, technology support for remote work) Exhibit “C” Item 2.A.2 is hereby replaced with the following text: Identification of at least 2 projects for at least 1 beneficiary per fellow (or 1 project for 2 or more beneficiaries). (1) Beneficiaries can be individual departments within a single local government or even individual staff members within the same department. (2) Specific eligibility requirements are provided here: http://civicspark.lgc.org/join- civicspark/project/ d. Exhibit “D” Description of Compensation The second paragraph of Exhibit “D” is hereby replaced with the following text: LGC will receive no more than $52,000, for 2 Fellows for performing the services of this contract. The fourth paragraph of Exhibit “D” is hereby deleted. f. Exhibit "F" Timeline The first paragraph of Exhibit “F” is hereby replaced with the following text: All tasks enumerated in Exhibit "B" are to start on September 3, 2019 and should be completed by December 31, 2021. SIGNATURES CONTINUE ON THE FOLLOWING PAGE IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CONTRACTOR By Title Date CITY OF CUPERTINO By Title Date APPROVED AS TO FORM City Attorney ATTEST: City Clerk Lare Bloodworth Director of Finance Jun 18, 2020 Heather M. Minner Deborah L. Feng Jun 21, 2020 City Manager Jun 25, 2020 Revised: April 30, 2020 – Services Agreements 1 Exhibit A-A – SHELTER IN PLACE AND SOCIAL DISTANCING REQUIREMENTS A.Health Laws Acknowledged. It is acknowledged that Consultant’s/Contractor’s (“Contractor”) duty to comply with Laws, as defined in Section 13 of the Contract/Agreement (“Contract”), includes immediate compliance by Contractor and its subcontractors with the restrictions on travel and the Social Distancing Requirements set forth in the most recent health order issued by the County of Santa Clara Health Department in response to the COVID-19 pandemic, and any subsequent amendments or superseding orders thereto (the “Health Order”), and any other local, state, or federal laws that have been or may be enacted in response to the COVID-19 pandemic (collectively, “Health Laws”). B.Health Order Compliance. Contractor shall comply with any restrictions on travel and social distancing requirements in the Health Order when preforming work under this Contract. If a scope of work item, notice to proceed, or work order under this Contract specifies work that cannot be performed in compliance with the Health Order or other Health Laws, Contractor shall refrain from conducting the work and immediately inform the City. C.Individuals at High Risk of Severe Illness. Nothing in this Contract shall be interpreted to require any person at high risk of severe illness from COVID-19 to leave their residence to perform work under the Contract. Contractor will inform the City if other arrangements for the work must be made, and City will do so, with no penalty to Contractor, although Contractor will not be compensated for work performed by the City or third parties. Information from the Center for Disease Control (“CDC”) on “high risk” categories is available at the CDC's website at: https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/people-at-higher-risk.html. D.Health Order Requirements and Best Practices. Contractor will immediately undertake all appropriate measures to ensure compliance with the Social Distancing Requirements in the Health Order by all individuals performing work under this Contract, including Contractor's or any subcontractor's workers, employees, representatives, vendors, or suppliers (collectively, "workers"), and shall maintain these measures for as long as required by the Health Order or other Health Laws. As long as required by the operative Health Order or other Health Laws, these measures shall include, but are not limited to, the following: 1. Meetings/Site Access. Use electronic alternatives to in person meetings, e.g., conference calls, video-conferencing, etc., to the greatest extent possible. Limit access to any project site or any work area to workers who are necessary to perform in-person work. Require non-essential personnel to work from home to the extent possible. Avoid all non-essential travel. 2. Distancing. Where workers perform in-person work at a project site or a work area, prohibit workers from being less than six feet apart, unless and only to the extent that would compromise worker safety or violate safety Laws for specific operations. Prohibit handshaking or any physical contact among workers, with the sole and limited exception Revised: April 30, 2020 – Services Agreements 2 of any physical contact required for worker safety or to comply with safety Laws. Prohibit workers from sharing a vehicle. E. Changed Requirements. It is understood and acknowledged that circumstances pertaining to the COVID-19 pandemic are evolving rapidly and that new local, state, or federal requirements may modify the requirements under this Exhibit. Contractor agrees to work cooperatively with the City to implement new or changed requirements as quickly as possible. F. Subcontracts. Contractor shall include the terms of this Exhibit in all subcontracts and require any agents, subcontractors, or subconsultants to comply with its provisions. 1229192.7 First Amendment to Agreement for Services of Independent Contractor Final Audit Report 2020-06-25 Created:2020-06-18 By:Gilee Corral (GileeC@Cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAmz-5g6-qIVjZCQY9hZ0udbm5k5rBo-4l "First Amendment to Agreement for Services of Independent Co ntractor" History Document created by Gilee Corral (GileeC@Cupertino.org) 2020-06-18 - 0:03:47 AM GMT- IP address: 108.68.98.164 Document emailed to Gilee Corral (GileeC@Cupertino.org) for approval 2020-06-18 - 0:03:57 AM GMT Document approved by Gilee Corral (GileeC@Cupertino.org) Approval Date: 2020-06-18 - 0:04:31 AM GMT - Time Source: server- IP address: 108.68.98.164 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2020-06-18 - 0:04:33 AM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2020-06-18 - 0:06:27 AM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Lare Bloodworth (lbloodworth@lgc.org) for signature 2020-06-18 - 0:06:29 AM GMT Email viewed by Lare Bloodworth (lbloodworth@lgc.org) 2020-06-18 - 3:28:49 PM GMT- IP address: 66.249.84.201 Document e-signed by Lare Bloodworth (lbloodworth@lgc.org) Signature Date: 2020-06-18 - 3:30:21 PM GMT - Time Source: server- IP address: 24.7.145.36 Document emailed to Heather M. Minner (minner@smwlaw.com) for signature 2020-06-18 - 3:30:24 PM GMT Email viewed by Heather M. Minner (minner@smwlaw.com) 2020-06-20 - 10:52:56 PM GMT- IP address: 45.41.142.198 Document e-signed by Heather M. Minner (minner@smwlaw.com) Signature Date: 2020-06-20 - 10:53:39 PM GMT - Time Source: server- IP address: 52.39.49.65 Document emailed to Deborah L. Feng (debf@cupertino.org) for signature 2020-06-20 - 10:53:41 PM GMT Email viewed by Deborah L. Feng (debf@cupertino.org) 2020-06-22 - 4:50:39 AM GMT- IP address: 104.47.44.254 Document e-signed by Deborah L. Feng (debf@cupertino.org) Signature Date: 2020-06-22 - 4:51:09 AM GMT - Time Source: server- IP address: 24.6.12.22 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2020-06-22 - 4:51:11 AM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2020-06-25 - 8:22:04 PM GMT- IP address: 104.47.46.254 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2020-06-25 - 8:22:20 PM GMT - Time Source: server- IP address: 148.64.105.190 Signed document emailed to Kirsten Squarcia (kirstens@cupertino.org), Heather M. Minner (minner@smwlaw.com), Lare Bloodworth (lbloodworth@lgc.org), cyrahc@cupertino.org, and 3 more 2020-06-25 - 8:22:20 PM GMT AGREEMENT FOR SERVICES OF INDEPENDENT CONTRACTOR THIS AGREEMENT is made and entered into as of S 2.q/2o(� by and between City of Cupertino, ("Partner") and the Local Government Commission ("LGC"). RECITALS j A. Partner desires to engage LGC to provide certain services through the CivicSpark program. B. CivicSpark is a federally funded AmeriCorps program operated by LGC, in which LGC recruits, hires, and supervises emerging professionals. C. The CivicSpark Program provides capacity building services to local governments in California through project implementation activities performed by LGC teams; LGC staff and CivicSpark Fellows (Fellows). Fellows can only work on contracted and allowable service activities (Exhibit "A"). CivicSpark will provide this service to local governments by conducting assessments, implementing planning or action projects,engaging volunteers,and transferring knowledge to local government staff. D. LGC desires to provide those services and to be compensated accordingly. E. Partner and LGC enter into this Agreement in order to memorialize the terms concerning LGC's performance of the services and Partner's obligations with respect thereto. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual agreements set forth herein, Partner and LGC hereby covenant and agree as follows: j 1. Appointment. Partner hereby appoints LGC as an independent contractor to perform the services { described in Exhibit "B", "Scope of Services" attached hereto. LGC hereby accepts such appointment on the terms and conditions set forth herein. i y Partner also agrees to the responsibilities and roles as described in Exhibit"C", as they relate to Partner's participation in the CivicSpark program. Partner hereby accepts such responsibilities on the terms and conditions set forth herein. i I Neither party may vary the scope of services described in Exhibit "B" or responsibilities in Exhibit "C" except as expressly agreed to in writing by the other party. The budgets for direct labor and expenses are based on the services described in Exhibit "B." Any modification of the scope of services may affect direct labor costs and project expenses and must be approved in writing by Partner 2. Performance of Consulting Services. LGC shall perform the services in a diligent, competent and professional manner. 3. Consulting Fee; Reimbursable Expenses. i Page 1 of 11 (a)Partner shall pay LGC a fee for the services provided, as described in Exhibit "D," "Description of Compensation," attached hereto. (b) LGC shall be entitled to reimbursement for out-of-pocket expenses incurred in the performance of this Agreement, limited to those expenses listed in Exhibit "E," "Reimbursable Expenses," attached hereto, up to the maximum amount set forth in Exhibit "E." Upon receipt of LGC's invoice, Partner shall notify LGC if it has any exceptions to LGC's invoice. When LGC and Partner are in agreement on the terms of LGC's invoice, Partner shall submit the invoice for payment. Partner shall reimburse LGC within thirty (30) days of receiving the invoice. 4. Term. The term of this Agreement shall commence and LGC's duties and responsibilities under this Agreement shall begin as of the date first written above and shall continue, as agreed to in the timeline defined in Exhibit"F." This agreement is subject to earlier termination as provided herein, until the services are complete and all compensation and reimbursable expenses are paid to LGC. This agreement may be terminated at anytime by either party for cause. This agreement may be terminated by either party, without cause,upon 30 days written notice to the non-terminating party. 5. Excuse of Performance. LGC's obligation to perform the services specified in this contract shall be excused if the performance is prevented or substantially delayed due to circumstances not caused, in whole or in part,by LGC, including any such circumstances caused by Partner. 11� 6. Independent Contractor. It is the intent of the parties that LGC is and shall remain an I independent contractor, and LGC shall (i) comply in all material respects with all the laws, rules, ordinances, regulations and restrictions applicable to the services, and(ii)pay all federal and state taxes applicable to LGC, whether levied under existing or subsequently enacted laws, rules or regulations. The parties hereto do not intend to create an employer-employee or master-servant relationship of any kind. 7. Insurance. LGC agrees to maintain: (1) commercial general liability insurance with minimum limits of$1,000,000, written on an occurrence form basis,protecting it from claims for personal injury (including bodily injury and death) and property damage which may arise from or in connection with the performance of Consultant's Services hereunder or from or out of any act or omission of Consultant, its officers, directors, agents, subcontractors or employees; (2)professional liability insurance with minimum limits of$1,000,000; (3) worker's compensation insurance as required by law; and(4) hired and non-owned auto insurance with minimum limits of$1,000,000 for each accident. If requested, LGC shall provide a certificate of said insurance and an additional insured endorsement to Partner within 10 days of the execution of this Agreement. I 8. Limitation of Liability. With regard to the services to be performed by the LGC pursuant to the terms of this Agreement,the LGC shall not be liable to Partner, or to anyone who may claim any right due to LGC's relationship with Partner for any acts or omissions in the performance of said services on the part of the LGC, except when said acts or omissions are the result of any negligent or willful misconduct by LGC. Partner shall hold the LGC free and harmless from any obligations, costs, claims,judgments, attorney's fees, and attachments arising out of the services rendered to Partner pursuant to the terms of this Agreement or in any way connected with the rendering of said Page 2 of 11 services, except when the same shall arise due to the negligent or willful misconduct of the LGC. 9. Indemnification. To the fullest extent allowed by law and except for losses caused by the active negligence or willful misconduct of Partner personnel, LGC shall indemnify, defend, and hold harmless Partner; Partner's City Council, boards, and commissions; officers; officials; employees; agents; servants; volunteers; and consultants ("Indemnitees"),through legal counsel acceptable to Partner, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, and costs and expenses (including attorneys' fees, legal costs and expenses related to litigation and dispute resolution proceedings) of every nature, arising from the negligent or willful misconduct of LGC. r 10. Ownership of Documents. Ownership of any designs,plans, maps, reports, specifications, drawings, and other information or items produced by LGC while performing Services under this Agreement will be assigned to and owned jointly by LGC and Partner. The original of all reports, memoranda, studies,plans, specifications, drawings, materials, exhibits, maps or other similar or related documents prepared by LGC in the performance of the Services for Partner shall be the joint property of LGC and Partner. 11. Notices. All notices or other communications required or permitted to be given hereunder shall be in writing and shall be deemed to have been given when delivered if personally delivered, or three (3)business days after mailing if mailed by certified mail,postage prepaid,return receipt requested, and shall be addressed as follows: i I To Partner: Gilee Corral, Acting Sustainability Manager City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 408-777-1364 GileeC@cupertino.org To LGC: Lare Bloodworth Local Government Commission 980 9th Street, Suite 1700 Sacramento, CA 95814-2736 916-448-1198 x 302 916-448-8246 fax lbloodwortl@lge.org f Either party may change its address by giving written notice thereof to the other parry. 12. Attorneys' Fees. The party prevailing in any action at law or in equity necessary to enforce or Page 3 of 11 interpret the terms of this Agreement shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which that parry may be entitled. 13. Governing Law. This Agreement shall be governed by the laws of the State of California. 14. Entire Agreement; Amendments. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understanding, oral or written, pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest. 15. Headings. The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this Agreement. I 16. Severability. If any paragraph, section, sentence, clause or phrase contained in this Agreement 1 shall become illegal, null or void or against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void or against public policy,the remaining paragraphs, sections, sentences, clauses or phrases contained in this Agreement shall not be affected thereby. 17. Waiver. The waiver of any breach of any provision hereunder by any parry hereto shall not be deemed to be a waiver of any preceding or subsequent breach hereunder. 18. Warranty of Authority. Each of the undersigned hereby warrants that he/she has authority on behalf of his or her principal to execute this Agreement and to bind such principal to the terms hereof. 19. Counterparts. This Agreement may be executed by electronic or hard-copy signature and in any number of counterparts, each of which shall be deemed to be one and the same instrument. The exchange of executed copies of this Agreement by facsimile, email or other electronic transmission will constitute effective execution and delivery of this Agreement for all purposes. Signatures of the parties transmitted by such methods will be treated in all respects as having the same effect as an original signature. J I A Page 4 of 11 DATED: Ti orde nterim City Manager CITY OF CUPERTINO Heather M. Minner, City Attorney CITY OF CUPERTINO DATE : S a- 19 � 1 o Lare odworth, Director of Finance LOCAL GOVERNMENT COMMISSION Kirs-4en 1�r bTy C E-A-v- CGT-4 of �P -rttJu Page 5 of 11 Exhibit"A"Contracted Performance Measures and Prohibited Activities LGC has contracted with the Corporation of National and Community Service to implement CivicSpark as an AmeriCorps program. Fellows can only work on service outlined in performance measures approved by the Corporation for National and Community Service and must abide by Federal guidelines for AmeriCorps program implementation. Performance measures define how CivicSpark will provide service to local governments by: conducting assessments; implementing planning, research or implementation projects; engaging volunteers; and transferring knowledge to local government staff. The project scope in exhibit A must align with the measures below: 1) Capacity Building for Local Governments—Fellows' direct service hours should be spent building capacity for local government beneficiaries to address their relative needs with regard to specific issues (e.g. climate, water, housing etc.). Fellows will address these needs by assisting j one or more local government beneficiary to develop or implement projects that they would otherwise not be able to complete. Capacity building for Fellows will be delivered in 3 stages, including: 1) gap assessments; 2)research, planning, and implementation service projects; and transition of knowledge. 2) Volunteer Engagement—All Fellows should have the opportunity to build further capacity by engaging,recruiting, and supporting volunteers. Volunteers may be engaged as either one-time volunteers (e.g.—volunteers to assist for a specific event such as Earth Day or service activities) or as on-going volunteers such as interns). 3) Training and Professional Development for Fellows—Fellows can spend up to 20% of their service year (340 of their 1700 total hours) on training. Training includes the 1-week orientation at the start of the service year, mid-year gathering, continued monthly trainings, and professional development and networking opportunities. Training hours ensure that Fellows have the training and tools they need to succeed in their service work and to grow as professionals. The majority of the work provided by CivicSpark to local governments via direct service only involves the first measure (Capacity Building). The second and third measure is predominantly met through training, service and professional development activities provided to the Fellows by LGC. Some activities that occur while working with local government beneficiaries or other project partners may be considered training and professional development, such as networking events and trainings conducted by or attended in partnership with Partner. Federal guidelines further restrict certain activities,which cannot be engaged in by CivicSpark Fellows or Supervisors while charging time to the AmeriCorps program,accumulating service or training hours, or otherwise performing activities supported by the AmeriCorps program or the Corporation for National and Community Service.In addition to only working on contracted performance measure j service activities,the following activities are prohibited(see 45 CFR § 2520.65): 1) Attempting to influence legislation; 2) Organizing or engaging in protests,petitions, boycotts, or strikes; 3) Assisting, promoting, or deterring union organizing; 4) Impairing existing contracts for services or collective bargaining agreements; 5) Engaging in partisan political activities, or other activities designed to influence the outcome of an election to any public office; Page 6 of 11 6) Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties,political platforms,political candidates, proposed legislation, or elected officials; 7) Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious proselytization; 8) Providing a direct benefit to— a) A business organized for profit; b) A labor union; c) A partisan political organization; d) A nonprofit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal Revenue Code of 1986 related to engaging in political activities or substantial amount of lobbying except that nothing in these provisions shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; and e) An organization engaged in the religious activities described above, unless CNCS assistance is not used to support those religious activities; 9) Conducting a voter registration drive or using CNCS funds to conduct a voter registration drive; 10)Providing abortion services or referrals for receipt of such services; and 11)Such other activities as CNCS may prohibit. Fellows, like other private citizens, may participate in the above listed activities on their own time, at their own expense, and on their own initiative. However,the AmeriCorps logo must not be worn while doing so. Per Federal Guidelines and LGC policies, CivicSpark Programs and activities must follow equal opportunity employment requirements and be accessible to persons with disabilities by providing reasonable accommodation. In support of this. 1) LGC and Partner will comply with Equal Opportunity Employment guidelines. 2) LGC and Partner will endeavor to make reasonable accommodations to known physical or mental limitations of qualified AmeriCorps members with disabilities unless the accommodation would impose an undue hardship on the program operations. 3) LGC and Partner will endeavor to accommodate the sincere religious beliefs of AmeriCorps Members to the extent such accommodation does not pose an undue hardship on the Organization's operations. 4) LGC and Partner will not allow any form of retaliation against individuals who raise issues of equal employment opportunity or reasonable accommodation. Page 7 of 11 i I Exhibit "B" Scope of Services LGC will perform the following services: 1) General Program Responsibilities a) Provide clear guidelines to Fellows regarding AmeriCorps regulations and expectations. b) Recruit and train Fellows to provide capacity building services for the region. c) Work to provide support and guidance for Fellows, addressing any concerns that might develop during the service year. d) Hold Fellows accountable for the desired service results and work with Fellows on their professional development and behavior. e) Manage local government beneficiary and/or other partner service contracts. f) Share outcomes from service with Partner. 2) Fellow Responsibilities a) Pass a state, national, and NSOPR background check before starting their service year. b) Participate in a 1-week program orientation and complete at least 100 hours of training through dedicated Fellow training, development, and service days. c) Serve an average of 37 hours per week for 11 months, serving a minimum of 1700 total hours, with at least 1300 hours dedicated to Partner project activities (see below). d) Comply with guidelines for performance measures and abide by regulations on prohibited activities described in Exhibit A above. e) Complete accurate project reporting in a timely manner as required by the Corporation for National Community Service (CNCS), including: assessments, implementation, hours served, volunteers recruited and supported, and transition of knowledge to local governments. f) Avoid participation in prohibited activities. g) Identify as a Fellow and wear AmeriCorps lapel pins or gear during service hours. h) Participate in days of national service including, but not limited to: Martin Luther King, Jr. Day of Service; 9/11 Day of Remembrance; State Day of Service, and AmeriCorps week Service Day. 3) Project Specific Scope of Work a) The Fellow will help small and medium businesses pursue California Green Business Certification and provide related outreach and coordination support for the Partner's GreenBiz program. b) The Fellow will work with a planning team to help coordinate the Partner's annual Earth Day event, occurring in April 2020. c) The Fellow will perform other tasks to build capacity of staff to implement the Partner's Climate Action Plan, including but not limited to utility data collection, management, and analysis. d) This project will include: 1) an initial gap assessment conducted by the Fellow, 2) a volunteer engagement component, and 3) a transitional support activity. i) Minor changes to the scope following the requisite gap assessment process may be needed. ii) The project will comply with AmeriCorps service guidelines including prohibited activities described in Exhibit"A". Page 8 of 11 Exhibit "C" Partner Responsibilities Partner will perform the following services: 1) Support Responsibilities a) Support Fellow recruitment by advertising your open placement through appropriate channels and networks (e.g., websites, newsletters, social media,job boards, etc.) b) Identify one staff member to act as the "Site Supervisor"for the project, and point person for both the Fellow and CivicSpark staff. c) Site Supervisor shall support project implementation and professional development by: i) Setting aside at least 1 hour/week to check in with each Fellow and provide assistance for each approved project. ii) Familiarizing Fellows to the host organization,resources, and project scope. iii) Completing an initial performance assessment of each Fellow(survey and goal setting) within 1 month of the start of the service year; conducting a mid-year performance review; and completing a final performance review survey prior to the end of the service year. iv) Seeking opportunities to integrate Fellows' professional goals into project activities. v) As appropriate, facilitating Fellows' transition at the end of their service year by introducing Fellows to relevant colleagues and networks. vi) Provide adequate professional workspace for Fellows (e.g., desk, computer, phone), and ensure that site and workplace are accessible to individuals with disabilities if needed. d) Develop defined project scope(s) and identify goals to be completed in agreed upon timeframe. i e) Support implementation of project(s) consistent with scope above and in line with CivicSpark program goals (including supporting volunteer engagement activities and participating in transitional event) f) Keep Regional Coordinators and/or other LGC staff apprised of project developments and/or challenges, and working to redefine project scope(s) and goals as necessary. g) If challenges arise (related to professionalism, work products, etc.) provide specific written feedback to the Fellow and share with LGC staff in a timely manner so LGC staff can assess the challenges and intervene as needed. h) Assist with occasional site visits to Partner by LGC staff. i) Not displace Partner staff or volunteers through the use of CivicSpark Fellows, nor have CivicSpark Fellows perform any services or duties that would supplant the hiring of employed workers. j) Not offer the CivicSpark Fellow part time work that is substantially similar to their CivicSpark scope of work, nor offer them full time employment with a start date prior to the Service Year end date. 2) Reporting Responsibilities a) Complete applications for CivicSpark projects, identifying: i) Total hours desired for service work; ii) Identification of 1 beneficiaries per fellow. (1) Beneficiaries can be individual departments within a single local government or even individual staff members within the same department. (2) Eligibility of beneficiaries varies by project track. Specific eligibility requirements are provided here:http://civiespark.lgc.org_/join-civicsparl-,/project/ b) Ensure a staff person involved in the project from each local government beneficiary completes a pre-service capacity assessment survey before the start of the service year and a post-service Page 9 of 11 capacity assessment towards the end of the year. The pre-service survey defines goals for the project and establishes a baseline perspective on issues relevant to the specific project issue (i.e., climate, water, housing, mobility, etc.). The post-service survey evaluates the degree to which the Fellows' work made progress toward the goals and baselines established in the pre-service capacity assessment survey. c) Ensure a staff person involved in the project from each local government beneficiary participates in a project interview early on in the service year(within the first 2-3 weeks), a part of the CivicSpark gap assessment process. d) Submit Fellow performance assessments on time, as described above. e) Complete any additional project reporting defined as necessary. f) Allow CivicSpark to share results of all reporting with California Volunteers and CNCS, for required grant reporting. Page 10 of 11 Exhibit "D" Description of Compensation Costs,total project hours', additional prep-hours and travel budget for support options on a per-Fellow basis are defined below. LGC will receive no more than$26,000, for 1 Fellow for performing the services of this contract. Work completed under this contract will be performed by CivicSpark AmeriCorps Fellows. To proceed with services, LGC requires a down payment of 10% of the total agreement amount. The deposit will be credited against initial invoices each of which will be the total amount of the contract divided by the period of the contract and billed monthly. Invoices will only include the amount due in each given installment(monthly or quarterly). A separate remaining budget and hours to date report is provided for reference each month. Partner must inform LGC prior to the project start if they need invoices to include specific format,tasks, billing codes, or other details. Partner must also provide clear instructions to LGC about how time should be tracked and reported, if necessary. LGC is committing to making the CivicSpark Fellow available for a specific period. Therefore,LGC will invoice Partner for the full installment amount(monthly or quarterly), regardless of Fellow activity j during any given period. If for some reason LGC is unable to provide services for the full contract duration(e.g., a Fellow leaves the program for medical or personal reasons and a suitable replacement cannot be provided), Partner is only responsible for the portion of the contract amount for the period of service actually provided. Exhibit "E" Reimbursable Expenses LGC does not cover project related expenses related to the service project. All project related expenses are the responsibility of Partner. Should partner wish to have Fellow incur project related expenses,those expenses shall be submitted to Partner in writing for approval prior to Partner being charged for reimbursement for an expense incurred during the completion of activities outlined in the Scope of Service (Exhibit`B"). Exhibit "F" Timeline r All tasks enumerated in Exhibit "B" are to start on September 3, 2019 and should be completed by September 2, 2020. 1115600.1 F 'Note that project hours include all project related activities as well as basic administrative tasks related to CivicSpark service(e.g.,completing timecards,progress reports, project related communications with LGC staff,etc.). Page 11 of 11 LOCAGOV-01 LENGLISH .4CORt�r' CERTIFICATE OF LIABILITY INSURANCE DAT W412 DIYYYY) 6I412019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER COtJTACT NA E: Arroyo Insurance Services-LA PHONE FAX 2900 W Broadway (AIC,No,Ext):(323)550-7900 (AIC,No):(323)256-0800 Los Angeles,CA 90041 AIL ADDRESS: INSURERS AFFORDING COVERAGE NAIL* INSURERA:Nonprofits Insurance Alliance of California INSURED INSURERS:Oak River Insurance Company 34630 Local Government Commission INSURERC: 980 9th Street,Suite 1700 INSURERD: Sacramento, CA 95814 INSURER E I NSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICYPERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENTWITH RESPECTTOWHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LTR INSD WVD MMIDDIYYYY MMIDDfYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 000,1 i EACH OCCURRENCE $ '000 CLAIMS-MADE X OCCUR 2019-32800 4/1/2019 4/1/2020 DAMAGE TO RENTED 500,000 X PREMISES Ea occurrence $ MED EXP(Any one person) $ 20,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 3,000,000 X POLICY TCT LOC PRODUCTS-COMPIOP AGG $ 3,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ ' ANY AUTO 2019-32800 4/1/2019 4/1/2020 BODILYIN,AIRY Perperson) $ OWNED SCHEDULED BODILY INJURY Per accident AUTOS ONLY AUTOS � Ix AUTOS ONLY X AUTOS ONLD PR r..' nt MAGE $ FF $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE 2019-32800-UMB 4/1/2019 4/1f2020 AGGREGATE $ DED I RETENTION$ $ 1,000,000 B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ❑ XLOWC011829 11112019 1/1/2020 E.LEACHACCIDENTFFCERIEOEL ? CUTIVE $ 1,000,OFFIMMBERXCUUD NIA 000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Professional Liability Landmark American Insurance Company LHR83363500 Effection:12/31/18 to 12/31/19 $1,000,000 Each Claim #2,000,000 Aggregate Limit $1,000 Each Claim Deductible SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cupertino City Hall THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Gilee Corral 10300 Torre Ave. Cupertino,CA 95014 AUTHORIZEDREPRESENTATIVE ACORD 25(2016/03) O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:LOCAGOV-01 LENGLISH +� LOC 4: 1 AC"RID' ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Arroyo Insurance Services-LA Local Government Commission 980 9th Street Suite 1700 POLICYNUMBER Sacramento,6A 95814 EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: Directors and Officers Liability Arch Insurance Company NFP0133662-00 Effective 411119 to 4I1/20 $1,000,000 Each CLaim $1,000,000 Aggregate $5,000 Each Claim Deductible Cupertino City Hall is included as additional insured as respects General Liability coverage; Waiver of Subrogation is included as respects Workers Compensation Coverage; only as per attached endorsements. ACORD 101 (2008101) O 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 2019-32800 COMMERCIAL GENERAL LIABILITY Named Insured: Local Government Commission CG 20 12 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: Any state or political subdivision that issues a permit or authorization to the named insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II—Who Is An Insured is amended to 2. This insurance does not apply to: include as an additional insured any state or a. "Bodily injury", "property damage"or governmental agency or subdivision or political "personal and advertising injury"arising out subdivision shown in the Schedule, subject to the of operations performed for the federal following provisions: government, state or municipality; or b. "Bodily injury"or"property damage" 1. This insurance applies only with respect to included within the"products-completed operations performed by you or on your behalf for which the state or governmental agency or B.With respect to the insurance afforded to these subdivision or political subdivision has issued a permit or authorization. additional insureds,the following is added to Section III—Limits Of Insurance: However: a. The insurance afforded to such additional operations hazard". insured only applies to the extent permitted If coverage provided to the additional insured is by law; and required by a contract or agreement,the most we b. If coverage provided to the additional will pay on behalf of the additional insured is the amount of insurance: insured is required by a contract or 1. Required by the contract or agreement; or agreement, the insurance afforded to such Available underthe applicable Limits of 2. additional insured will not be broader than Insurance shown in the Declarations; that which you are required by the contract whichever is less. or agreement to provide for such additional insured. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 12 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 1UB (Ed. 9-14) WAIVER.OF OUR.RIGHTTO RECOVER FROM.OTHERS ENDORSEMENT.-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy.:We will not enforce our right against the person or organization named in the Schedule.(This'agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreerr.ein froin us.) The additional prerniutn for this endorsement shall be 2% of the totai manual premium otherwise due on such remuneration. The.minimum prernium for this endorsement is $3 0. This agreement shall not operate directly or Indirectly to benefit anyone not named in the Schedule. SCHEDULE BLANKET WAIVEP i gersonlorganizatlon Blanket Waiver—Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. ,gab Description Waiver Premium Al I CA Operations 423.0.0: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is.required only when this endorsement is issued subsequent to preparation.of the policy.) Endorsement Effective 01/01/2019 Policy No. LOWC011829 Endorsement No. Insured Premium$ Insurance Company Oak River Insurance Company Countersigned by. WC 99 04 10B (Ed.0=14)