13-154 Strategic Energy Innovations, Memorandum of Understanding (MOU), Climate Corps Fellowship ProgramMemorandum of Understanding (MOIL) between
Strategic Energy trinovations and The City of Cupertino
For Climate Corps Fellowship Program Assignments
De 16`1
SUBJECT: Climate Corps Bay
This MEMORANDUM of UN � ACING is hereby made and entered into by and
between Strate is Enervv Innovations hereinafter referred to and
the pity Cupertino,
hereinafter referred to "Host ene,.y��. Collectively, SE and the City Cupertino are
hereinafter referred to as the "Parties."
ARTICLE I — BACKGROUND AND OBJECTIVES
S I is collaborating with public, non - profit, and for-pro fa organizations in the San Francisco
Bay Area to recruit, train, acid place Fc -!llo vs with Host Agencies where they will be provided
with experiential learning opportunitlew.; as they assist In implementing climate change resiliency
prograx-ns. The Fellows' term of servic -c is from October 7th, 2013 to August 15th, 2014. While
participating In Climate Corps Bay rc�a, Fellows will co mplete 1700 hours. During their term of
service, Fellows will implement progranis that provide si
ARTICLE I1— STATEMENT OF PROJECT ACTIVITIES
Though Climate Corps Bay Area, S I agrees to:
• Recruit and assist in selection of a CC BA Fellow �' � con��rn�t�neut of 1 � 0 hours over a
period of 10 months,
• `rain and support Fellow with a comprehensive training ro r in that includes . training
manual, a .multi -day rientation led. by-.an aqqy of experts ts, monthly trainings, a mid -year
2 -day retreat, and two Professional Development Assessment reviews.
•
Work with the Host Agency to develop a specific Fellowship. Scope. -for. sp i "ic. Host
Agency initiatives that aligns with CCA goals and. defines the "gaining Flan for the
Fellow.
Provide assistance in d fini g and developing metrics for the Fellow to measure and
track the progress of project activities throughout -their Fellowship.
Provide monthly follow -ups to review progress with Site Supervisor and Fellows.
Define and implement any corrections to Fellow-'s plan determined to be necessary based
on feedback collected fi.•om Fellow and Host Agency.
Host Agency agrees to:
a Take payt'in the recruitment and interview process to identify a Fellow best fitted for the
speicific projects' needs.
0 Provide one to three specific climate resiliency initiatives that their Fellow can work on
during their term of service.
• Initiatives must be well - defined, approved for implementation and include
specific learning objectives.
• Host Agency will work with S I to finalize a mutually agreed -upon Fellowship
Scope no later than I inonth after the Fellow arrives on site.
Assign a Site Supervisor who will be available to meet at-least weekly with the Fellow
for one -on -ore project meeting time, coordinate other ne cesary staff supervision needed
for successful implementation of the Fellowship Scope, gather and report on in -kind
supervisory hours at least 15/month) across all rel ewant staff withi
• Provide program-wide support through. either
o Delivery of at least 1 all -day training event for all Fellows or
o ParticipatiOD. in an ad lisory committee quarterly for 2 hours.
ARTICLE III 'Ili OF AGREEMENT
This Mod- will become effective on the date of final signature and shall continue in full force
h
and of eet tfuou Aug. 30, 2014, unless to mated earlier as set Forth in .Article VI
ARTICLE ]IV — KEY OFFICIALS
The individuals listed below are identi.. ed. as key personnel considered essential to the project
'being performed under this Mernorand'UM of Understandi.n
For SEI
,fob Title: Program Dilreetor
Marne: Kif Seh.eu.er
Address: 899 Nortligate Dr. Suite 4 10
San Rafael CA 94903
Phone Contact: 415-507-1.433
Email Contact: l if@seiin 0r
For Host A ene
Job Title
Sustainability Manager
Marne
Erin Goole
Address
Cupertino City Hall
10300 Torre Avenue
Cupertino, CA 95014
Phone Number
408 - 777 -7(503
snail Contact
erinc@cLipertino.org
Either party may change the designated official by notifying the other in writing.
ARTICLE V —PAYMENT
Host Agency will provide SEI with $19,500 per Fellow and requests two Fellows for the
remaining Pro rm-n. Year for a total payment amount of $39,000 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
o Due: November 1. , 2013
o Amount: $19,500
Invoice 2:
o Due: March 1, 2014
o Amount: $0,500
3
ARTICLE VI --- TERMINATION
Either party may terminate this agreement by providing seven calendar days written notice. In
addition, City may unilaterally terminate any Fellow's assignment rent to City for any reason,
including but not limited to unsatisfactory performance or failure to follow applicable policies,
procedures, rules and regulations. The indemnity provisions of this Agreement shall survive
termination.
If the Agreement is terminated, or an individual fellow is terminated from or otherwise
reassigned prior to Aug. ' 30 2014, S I shall issue a reimbursement to City for match funds n a
pro-rata basis, calculate based on the number of wets the Fellow(s) has worked. However, the
Parties understand and agree that, for terminations occurring on or after May 1, 2014, City will
only be eligible for reimbursement if and to the extent any funds remain, as funds are used for
training, compensation and other items and are typically exhausted on or aground May of each
program year.
ARTICLE V11- NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are unacceptable
employer /employee conduct, SI agrees that harassment or discrimination directed toward, a job
applicant, a City employee, or a citizen by SI, its Fellows, employees or subcontractor on the
basis of race, religious creed, color, national. origin, ancestry, handicap, disability, marital status,
pregnancy, sex, age, or sexual orientation will not be tolercled. S I agrees to inform all Fellows
that such discrimination is prohibited, and agrees that any anal all violations of this provision by
S I or a Fellow shall constitute a material breach. of this Agreement.
ARTICL E VIII-TERMS
It is mutually agreed by all Parties to this MOU that:
Fellows are considered employees of Sl and not of City. City and Sl intend that the
relationship between them and the Fellows created. by this Agreement is that of
ernployer- independent contractor and that SET and Fellows Performing pursuant to this
agreement are not considered to be employees of City for any purpose, including but not
limited to unemployment insurance, workers' compensation plans, compensation for
set -vices, and employee welfare and pension benefits,. No civil service status or other
right of employment will be acquired by virtue of S X's or Fellow's services. City shall
not be responsible for paying the fellows or making any deductions for any state or
federal taxes, FICA. payments, PERS payments, ents, oar other purposes normally associated
with an employer- employee relationship from any lees due SET. Payments of the above
items, if required, are the responsibility of SEI, By executing this agreement, S I agrees
that it will not assert any employment status or relationship between Fellow and City in
any proceeding.
S l agrees to notify each Fellow that the Fellow has no employment relationship with
City and to .include a statement to this effect in any contract or similar agreement between
SET and Fellow.
Fellows shall not operate any City vehicle under any circumstances. SEI shall inform
Fellows of this requirement and tale all reasonable steps to ensure compliance
• In the event that a Marty no longer approves implein n.ta.tion of any of the provisions
referenced in this MOU, the individual Parties agree to promptly confer to determine
what, if any, modifications to flAs MOU should be made to address the issues of
concern.
0 In the event that a Party no longer desires to a part of thi
City of Cupertino (continued)
APPROVED AS TO FORM:
Carol Korade
City Attorney
David Brandt
City Manager
ATTEST-
Grace Schmidt
City Clerk-
Account No: I 10- 1210-7 14
Amount: $39,000.00
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