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FD Americorps National Civilian Community CorpsAMERICORPS NATIONAL CIVILIAN COMMUNITY CORPS Project Sponsor Agreement Agreement Between The Corporation for National and Community Service And City of San Rafael Igor Service Project Number 2019-01323 This Agreement is entered into by and between the Corporation for National and Community Service's AmeriCorps National Civilian Community Corps National Service Program and the City of San Rafael (here in after referred to as the "Project Sponsor") Whereas, the National and Community Service Act of 1990, as amended, 42 U.S.C. § 12501, et seq., specifically 42 U.S.C. §12612, authorizes the Corporation for National and Community Service to establish the AmeriCorps NCCC; Whereas, the Project Sponsor's service project proposal and/or supplemental check list (when applicable) has been approved by AmeriCorps NCCC, is hereby attached, and is incorporated into this agreement by reference; Whereas, these service projects will meet an identifiable public need and emphasize the performance of community service activities that provide meaningful community benefits and opportunities for service learning and skills development for the Corps Members; Whereas, each Party to this Agreement is a separate and independent organization. As such, each organization retains its own identity in providing services, and each organization is responsible for establishing its own policies and financing its own activities (except as specifically set forth in this Agreement). Nothing in this Agreement authorizes the NCCC or the Project Sponsor to obligate the funds of the other Party, or does it authorize either party's involvement in, or approval of, other, unrelated activities engaged in by either Party. The Agreement also does not create any employment relationship, partnership, joint venture, or other similar legal relationship between the NCCC and the Project Sponsor, and neither party has the authority to bind, or act on behalf of, the other. The parties hereby agree to the terms and conditions as follows: ORIGINAL. AMERICORPS NATIONAL CIVILIAN COMMUNITY CORPS SERVICE PROJECT SPONSOR AGREEMENT I. AmeriCorps NCCC's Responsibilities A. The AmeriCorps NCCC agrees that approximately 1 Team(s), consisting of approximately 8 Corps Members, from the Pacific Region, will perform the following service project(s) in conjunction with the Project Sponsor: 1. Project No(s). 2019-01_323 , as described in the AmeriCorps National Civilian Community Corps Project Application, submitted by the Project Sponsor on 02/12/2019 and approved by the AmeriCorps NCCC on 03/11/2019 2. The AmeriCorps NCCC Teams will perform the tasks as specified in the Project Application, with the following modifications or considerations: S. Period of Performance: The AmeriCorps NCCC Teams will begin the service project(s) not before 4/23/2019 and the service project(s) projected completion is on or about 07/21/2019 If, however, AmeriCorps NCCC Teams are unable to begin or end the service projects on said dates, the AmeriCorps NCCC will notify the Project Sponsor in writing of this delay. C. No member of an AmeriCorps NCCC Team (including any Corps Member or Team Leader) shall sign any document provided by the Project Sponsor or any representative or employee of the Project Sponsor, including but not limited to: liability waivers, hold harmless agreements, indemnification agreements, or employment-related documents. In the event that a member of an AmeriCorps NCCC Team, signs a document provided by the Project Sponsor or any representative or employee of the Project Sponsor, the signature on any such document shall have no force or effect of lay. Neither the Team nor any Team Leader or Corps Member thereof, may legally bind the AmeriCorps NCCC Team or the AmeriCorps NCCC Program. D. The AmeriCorps NCCC Team and all of its individual members constitute federal assistance to the Project Sponsor. E. AmeriCorps NCCC Corps Members and Team Leaders are covered by the Federal Tort Claims Act, 28 U.S.C. §2671, et seg. Therefore, any tort claims against Corps Members and/or Team Leaders arising out of incidents occurring while acting within the scope of their duties will be adjudicated under the Federal Tort Claims Act. F. AmeriCorps NCCC Corps Members and Team Leaders are also covered by the Federal Employees Compensation Act, 5 U.S.C. §8101, et seg. Consequently, any worker compensation claims filed by Corps Members and/or team leaders arising out of incidents occurring while acting within the scope of their duties will be adjudicated under the Federal Employees Compensation Act. 2 NCCC National Project Scyucnce 2009.01 Rev. 2 Appendix 8 AMERICORPS NATIONAL CIVILIAN COMMUNITY CORPS SERVICE PROJECT SPONSOR AGREEMENT G. NCCC Corps Members and Team Leaders are not employees in any manner whatsoever of the Project Sponsor, but are participants in a federally -funded and federally -operated program of the Corporation for National and Community Service. The AmeriCorps NCCC Program is solely responsible for the overall management, supervision, and discipline (e.g. right to remove or discharge) of all AmeriCorps Team Leaders and Corps Members. II. Project Sponsor's Responsibilities A. The Project Sponsor will provide equipment, supplies, training, and technical supervision as specified in the approved Project Application with the following modifications or considerations: B. In the event the Project Sponsor provides (subject to the concurrence by an authorized NCCC official) vehicles for Team Leaders, Corps Members or NCCC Staff (only those trained and certified to drive government vehicles) to use to perform project tasks, the Project Sponsor and/or Partnering Organization agrees to ensure that such drivers are authorized operators under the Sponsor's automobile liability insurance, and further agrees to hold the Corporation for National and Community Service, the AmeriCorps National Civilian Community Corps, and its employees, Team Leaders and Corps Members harmless for any damages to the Project Sponsor's vehicles, that may occur as a result of the NCCC's authorized use of such vehicles. The Project Sponsor also agrees to assume all costs of repair for any damages to Project Sponsor's vehicles. Check applicable. Oa. I authorize NCCC Team Leaders, Corp Members or Staff usage of Project Sponsor and/or Partnering Organization's vehicles to perform project tasks. Ob. I DO NOT authorize NCCC Team Leaders, Corps Members or Staff usage ofProject Sponsor and/or Partnering Organization's vehicles to perform project tasks. C. In the event the Project Sponsor provides (subject to the concurrence of by an authorized NCCC official) equipment for Team Leaders, Corps Members, or NCCC Staff to use to perform project tasks, the Project Sponsor and/or Partnering Organization agrees to ensure that such individuals are authorized users/operators under the Sponsor's liability insurance. The Project Sponsor also agrees to assume all costs of repair for any damages to Project Sponsor's equipment. NCCC National Project Sequence 2009-01 lice. 2 Appendix 8 AMERICORPS NATIONAL CIVILIAN COMMUNITY CORPS SERVICE PROJECT SPONSOR AGREEMENT D. If applicable, the Project Sponsor will assist with the lodging, meals, and other support for the AmeriCorps NCCC Team as described in the Project Application and/or specified below. If the Project Sponsor and the AmeriCorps NCCC agree to enter into a cost -share agreement in support of this project, a separate cost share agreement will be completed and incorporated by reference into this agreement. E. The service projects will be lawful, meet an identifiable need in the community, and provide the community with meaningful benefits. F. The service projects will not require that the Team Leaders or Corps Members engage in religious instruction, worship services, or any form of proselytization. G. Team Leaders or Corps Members participating in the service project will not be required to assist, promote or deter union organizing or assist directly or indirectly any election to Federal office or an election to State or local public office. H. Project sponsors agree to include the name, "AmeriCorps NCCC" in public communication that references the work being completed by the AmeriCorps Team, including, but not limited to, press releases, media activity, website, and social media. Program sponsors also agree to refer to those serving as "AmeriCorps members" and to coordinate any large-scale media activities with AmeriCorps NCCC. Project sponsor agree to promote or assist with the promotion of national service and AmeriCorps NCCC, but not limited to, the following: providing time for AmeriCorps Corps Members to hold recruitment events, allowing AmeriCorps Corps Members to place yard signs that promote AmeriCorps at the project site, inform the community, the project sponsor's stakeholders, recipients and staff, the community and the general public of the work being performed by the AmeriCorps team, and encourage young adults to apply to AmeriCorps NCCC. The Project Sponsor will comply with all federal statutes, including the National and Community Service Act of 1990, as amended, relating to nondiscrimination, which includes nondiscrimination on the basis of race, color, national origin, sex, age, disability, and in most instances, religion. CNCS prohibits all forms of discrimination based upon race, color, national origin, gender, age, religion, sexual orientation, disability, gender identity or expression, political affiliation, marital or parental status, or military service. All programs administered by, or receiving Federal financial assistance from CNCS, must be free from all forms of harassment. K. The Project Sponsor understands that the AmeriCorps NCCC is part of the National Disaster Response Network, and that all or some of the Corps Members involved in this service project may be called away as part of a national disaster response. 4 NCC(; National Project Sequence 3009-01 Ret. 2 Appendix 8 AMERICORPS NATIONAL CIVILIAN COMMUNITY CORPS SERVICE PROJECT SPONSOR AGREEMENT III. Modification and Termination This Agreement may be amended at any time, in writing, by mutual consent of the authorized representatives of the Project Sponsor and the ArneriCorps NCCC. Termination of this Agreement by either party is accomplished by giving written notice five days prior to the effective date of the termination, except in the case of a national disaster. The Project Sponsor understands that the AmeriCorps NCCC is part of the National Disaster Response Network, and that all or some of the Corps Members involved in this service project may be called away as part of a national disaster response. In the case of a national disaster response, AmeriCorps NCCC will provide as much notice as circumstances allow. IV. SIGNATURES The parties below attest to having the authority to enter into this Agreement and agree that this Agreement will become effective on the date of the final signature and remain in effect until 07/21/2019 REMINDER: Sponsors must check one of the boxes on page 3 to indicate permission or denial of driving privileges for sponsor provided vehicles. CNCS/AmeriCorps NCCC Stlmature Tanya Gipson-Nahman Pnntcd Name Title: Deputy Region Director for Programming Date: Address: 3427 Laurel St. McClellan, CA 95652 Phone: 916-640-0311 5 NCCC National Project Sequence 2009 01 Rev. 2 Appendix 8 Projc Spo sor ..- Sigma Li Jim chUtz Pnntcd Name Tide: City Manager Date: Address: 1400 Fifth Avenue San Rafael, CA 94901 Phone: 415 485-3475 RAP. <1 AFq` ►1 a 2 F �o /ryWITH I"�\� CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Fire Department Project Manager: Quinn Gardner Extension: 5336 Contractor Name: AmeriCorps NCCC Contractor's Contact: Christiana Belding Contact's Email: cbelding@cns.gov ❑ FPPC: Check if Contractor/Consultant must file Form 700 T Step RESPONSIBLE + DEPARTMENT 1 Project Manager 2 City Attorney 3 +Department --Director 4 5 DESCRIPTION 3 t a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor Approval of final agreement form to send to contractor Project Manager Forward three (3) originals of final agreement to contractor for their signature Project Manager When necessary, contractor -signed agreement agendized for City Council approval *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed $75,000; and for Public Works Contracts that exceed $175,000 PRINT 6 Project Manager 7 City Attorney 8 City Attorney 9 City Manager/ Mayor 10 1 City Clerk -3 - 061 g Date of City Council approval CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreements to City Attorney with printed copy of this routing form Review and approve hard copy of signed agreement Review and approve insurance in PINS, and bonds (for Public Works Contracts) Agreement executed by City Council authorized 1 official Attest signatures, retains original agreement and forwards copies to Project Manager T COMPLETED REVIEWER DATE Check/Initial NA ❑ 4/3/2019 El erl'ttr3 ci ty Kms" Cli klereto Click or tap ❑ to enter a date. Click here to ❑ enter a date. ❑ N/A u Or Click here to enter a date.