Memorandum of Understanding (MOU) between
Bay Area Community Resources and City of East Palo Alto September 1, 2023 – August 31, 2024
SUBJECT: Sustainability Service Corps
This MEMORANDUM OF UNDERSTANDING is hereby made and entered into by and between Bay Area Community Resources, hereinafter referred to as “BACR” and City of East Palo Alto, hereinafter referred to as “Host Agency”. Collectively, BACR and Host Agency are hereinafter referred to as the “Parties.”
ARTICLE I – BACKGROUND AND OBJECTIVES
BACR has contracted with AmeriCorps (formerly Corporation for National and Community Service – CNCS) through California Volunteers to implement the Sustainability Service Corps program. BACR is collaborating with public and nonprofit organizations across the state of California to recruit, train, and place Sustainability Service Corps Fellows, hereinafter referred to as “Fellow(s)”, at public and nonprofit organizations, where they will support greenhouse gas reduction programs or other sustainability projects, such as implementing programs that save energy, water, or waste; educating students in classrooms or online; developing Greenhouse Gas Inventories, Climate Action Plans, and other capacitybuilding documents; and conducting outreach to raise community engagement. Fellows will ideally devote an average minimum of 24 hours per week to directly working on emissions, water, waste, or energy reduction projects.
The following recitals describe the purpose of this MOU:
● BACR and Host Agency agree to partner to implement projects with the support of Fellows.
● Fellows can only serve on contracted and allowable service activities outlined in the job description which is co-created by BACR and Host Agency. ● The nature of the program necessitates Host Agency participation in timely outcome reporting, supervision, and support for the Fellow(s).
● Host Agency desires to host Fellow(s), and BACR desires to provide Fellow service to Partner. This document is to establish the basic guidelines and expectations between the Host Agency and BACR.
● The Host Agency and BACR enter into this MOU in order to memorialize the terms of BACR's performance of the services and the Partner's obligations with respect thereto.
The objectives of the program are as follows:
● Host Agency will be able to report measurable reductions in greenhouse gas (GHG) emissions, energy, water, or waste at the end of the Fellowship. ● Fellows may support the Host Agency through efforts in community outreach, capacity building climate resiliency projects, and K-12 youth education. ● Fellows 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 Fellow.
The Parties will work together to promote the partnership and its benefits to the projects and community at large.
Per Federal Guidelines and BACR policies, the Sustainability Service Corps Program must follow equal opportunity employment requirements and be accessible to persons with disabilities by providing reasonable accommodation. In support of this:
● BACR and Host Agency will comply with Equal Opportunity Employment guidelines. ● BACR and Host Agency will endeavor to make reasonable accommodations to known physical or mental limitations of qualified Fellows with disabilities unless the accommodation would impose an undue hardship on the program operations. ● BACR and Host Agency will endeavor to accommodate the sincere religious beliefs of Fellows to the extent such accommodation does not pose an undue hardship on the Host Agency's operations.
● BACR and Host Agency will not allow any form of retaliation against individuals who raise issues of equal employment opportunity or reasonable accommodation.
ARTICLE II – FELLOWSHIP TERM
The Fellows’ term of service with the Host Agency is for a period of 11 months. The term of service starts as soon as September 1, 2023 but no later than October 2, 2023, and ends no later than August 31, 2024. While working for the Host Agency, the Fellow(s) will complete a minimum of 1,700 hours total to receive an end of program Segal Education Award of $6,895.00 and a California for All Education Award of $3,105.00.
It is expected that the Fellow(s) will devote 80-90% of their time (1,360-1,530 hours) to “Service” (projects agreed upon with the Host Agency and detailed in the Scope of Work, see Article III) and 10-20% of their time (170-340 hours) to “Training” (structured and independent professional development opportunities including mandatory Sustainability Service Corps trainings and events). No more than 20% of time will be spent on “Training”.
If a Fellow is unable to complete the expected number of hours by the end date in the Fellow’s contract (i.e. Member Service Agreement) 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 Fellows are eligible to earn hours for the 2023-2024 program year will be August 31, 2024.
ARTICLE III – BACR SCOPE OF SERVICES
BACR agrees to perform the following services:
● Be the official employer-of-record for the Fellow(s) which includes providing a living stipend of $2,727.27/month, as well as coverage options for healthcare, childcare, and student loan deferment.
● Recruit, screen, and select the Fellow(s). BACR will lead, and Host Agency will assist, in the recruitment and selection of the Fellow(s), including, without limitation, developing a position description, conducting interviews, and participating in the final selection of the Fellow(s). The Fellow(s) must be a permanent resident of California by the time mandatory background checks are conducted before the start of the Fellowship. ● Train Fellow(s) with a comprehensive training program. Fellows are expected to attend mandatory events and complete assignments in a timely manner. BACR will ensure that the training program does not exceed the agreed upon total number of “Training” hours as defined in Article II. The training program includes:
○ Resources
■ A training manual of AmeriCorps and Sustainability Service Corps program policies, best practices, and conduct expectations; ■ Access to professional networks and coaching.
○ In-Person Events
■ A four-day orientation before “Service” begins with the Host Agency; ■ A mid-year retreat;
■ An end-of-year graduation celebration.
○ Online Trainings
■ Monthly, virtual, three-hour workshops facilitated by BACR with a focus on professional development and transferable skill-building. Host Agency will be provided with a full schedule prior to the start of the program; ■ Enrollment in the University of California’s Climate Stewards Certification program, a three-month course featuring six biweekly classes (three hours each), coursework, assigned readings, and field trips. ○ Independent Professional Development
■ Customizable, self-directed opportunities designed by the Fellow(s) and the Parties to support the Fellow(s) professional development and career pursuits;
■ Access to a modest professional development budget from BACR. ● Support Fellow(s) and Host Agency via required meetings and assignments, including:
○ A Regional Supervisor (a representative from BACR) assigned to the Host Agency whose main function is to support both the Host Agency and the Fellow during the term of service through monthly verbal check-in meetings, email support, professional development resources, and conflict resolution, if necessary; ○
○ Monthly, virtual supervision meetings attended by the Fellow(s), the Site Supervisor (a person assigned by the Host Agency to direct the Fellow(s) in their projects), and the Regional Supervisor;
○ Two Fellowship Performance Reviews including surveys completed by the Host Agency and Fellow and debrief conversations facilitated by the Regional Supervisor;
○ A specific Scope of Work plan developed by the Fellow with the Host Agency that aligns with the GHG reduction initiatives provided by the Host Agency within the first month of service;
○ Defined metrics for the Fellow to measure and track the progress of resource waste reduction, K-12 education, capacity building, or community outreach throughout the placement, developed collaboratively by the Parties. ● Define and implement any corrections to Fellow’s plan determined to be necessary based on feedback collected from Fellow and Host Agency.
BACR reserves the right to remove Fellow(s) from Host Agency should the placement become unsuitable or unsafe for Fellow(s), or Partners violate the terms of this MOU. BACR will make reasonable attempts to address and mitigate concerns with Partners as appropriate.
ARTICLE IV – HOST AGENCY REQUIREMENTS, RESPONSIBILITIES, AND
EXPECTATIONS
In order to provide a clear and well-defined service experience for participating Fellow(s), Host Agency agrees to:
● Provide at least one specific GHG reduction initiative that the Fellow(s) can work on during their term of service. Initiatives must be well-defined, approved for implementation and include specific emissions, water, waste, or energy reduction, and/or education, community outreach, or capacity-building targets, or have the capacity to define specific project targets. Host Agency will work with BACR to finalize a mutually agreed-upon Scope of Work no later than one month after the Fellow(s) begins work. ● Assign a Site Supervisor who will be available:
○ To devote at least one hour per week of direct one-on-one time with Fellow(s).
This time is different from time spent working together on projects; the one-onone time should be structured with an agenda that helps the Fellow(s) organize their priorities, discuss any challenges, and explore professional development opportunities);
○ Direct the Fellow(s)’ projects on a daily basis and provide specific guidance and tasks as they complete their projects;
○ Complete monthly verbal reporting to BACR in Regional Supervisor check-in meetings, indicating whether progress is being made on the initiatives; ○ Provide feedback on the Fellow(s)’ performance: two times a year, fill out and submit an evaluation form to provide feedback on Fellow activities, performance, and offer data on specific resource or GHG reduction metrics; ○ Attend the Partner Orientation (August) and Mid-Year Call (via webinar); ○ Review and acknowledge BACR’s program policies and best practices for supervision.
● Allow the Fellow(s) to attend mandatory trainings and participate in program events as described above, even if they conflict with “Service” activities. Written permission must be requested by the Site Supervisor to the Regional Supervisor in advance of the event if the Fellow(s) must be absent.
● Allow BACR to share results from this program through grant reporting and other means as BACR deems appropriate.
● Create an inviting and safe workplace culture for the Fellow(s) that values their personal safety, mental health, and personal and professional development goals, regardless of their own beliefs, identities, and backgrounds.
● Follow BACR’s disciplinary procedure for the Fellow(s), if necessary, which includes verbal warnings (up to two issued by the Site Supervisor to the Fellow(s) and reported to the Regional Supervisor), a written Performance Improvement Plan signed by all Parties (includes clear expectations and consequences for improvement within a minimum of two weeks), and a final review by BACR before terminating the Fellow(s). ● Ensure that Fellow(s) do not do the following while charging time to the AmeriCorps Program, accumulating service or training hours, or otherwise performing activities supported by the AmeriCorps Program:
○ Engage in any activity that is illegal under local, state or federal law; ○ Engage in activities that pose a significant safety risk to others; ○ Engage in any of the Prohibited Activities outlined in the Policies & Procedures handbook, including, but not limited to:
■ Attempting to influence legislation;
■ Organizing or engaging in protests, petitions, boycotts, or strikes; ■ Assisting, promoting, or deterring union organizing;
■ Impairing existing contracts for services or collective bargaining agreements;
■ Engaging in partisan political activities, or other activities designed to influence the outcome of an election to any public office; ■ 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; ■ 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;
■ Providing a direct benefit to a business organized for profit; a labor union; a partisan political organization; or a nonprofit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal Revenue Code of 1986 except that nothing in this section shall be construed to prevent participants from engaging advocacy activities undertaken at their own initiative; and
■ An organization engaged in the religious activities described in paragraph (g) of this section, unless AmeriCorps assistance is not used to support those religious activities;
■ Conducting a voter registration drive or using AmeriCorps-funded time to conduct a voter registration drive;
■ Providing abortion services or referrals for receipt of such services; and ■ Such other activities as the AmeriCorps may prohibit. ○ AmeriCorps members may support fundraising and resource-gathering for direct support of your program's service activities, but with restrictions:
■ Examples of fundraising activities AmeriCorps members may perform include, but are not limited to, the following:
● Seeking donations of books from companies and individuals for a program in which volunteers teach children to read;
● Support research and writing of a grant proposal to a foundation to secure resources to support the training of volunteers; ● Securing supplies and equipment from the community to enable volunteers to help build houses for low-income individuals; ● Securing financial resources from the community to assist in launching or expanding a program that provides social services to the members of the community and is delivered, in whole or in part, through the members of a community-based organization; ● Seeking donations from alumni of the program for specific service projects being performed by current members.
■ AmeriCorps members may not:
● Raise funds for living allowances or for an organization's general (as opposed to project) operating expenses or endowment; ● Write a grant application to the Corporation or to any other Federal agency.
● Spend more than 10% of their term of service performing fundraising activities.
○ Individuals may exercise their rights as private citizens and may participate in the activities listed above on their initiative, on non-AmeriCorps time, and using nonAmeriCorps funds. However, the AmeriCorps logo must not be worn while doing so.
● Support and encourage the promotion of National Service through the following:
○ Posting AmeriCorps and National Service information at all service sites ○ Posting a list of the above Prohibited Activities at all service sites ○ Ensuring Fellows wear appropriate uniforms or AmeriCorps pin as required by BACR
○ Allowing Fellows to leave the program site to participate in pre-arranged National Service identity activities and monthly training days.
○ Allowing Fellows to spend up to a maximum of 20% of their total hours on thematic professional development activities (including regular monthly programmatic training days).
● [Desired, but not required] to provide program-wide support by either ○ Facilitating at least one all-day training event for all Fellows or, ○ Speaking during a session at one all-day training event for all Fellows ARTICLE IV – TERM OF AGREEMENT
This MOU will become effective on the date of final signature and shall continue in full force and effect through August 31, 2024.
ARTICLE V – KEY OFFICIALS
The individuals listed below are identified as key personnel considered essential to the projec t being performed under this Memorandum of Understanding.
For BACR
Job Title: Director of National Service
Name: Adolfo Rivera
Address: 11175 San Pablo Ave, El Cerrito, CA 94530
Phone Contact: (510) 559-5550
Email Contact: [email protected]
For Host Agency:
Job Title Public Works Director
Name Humza Javed
Address 1960 Tate Street
Phone Number (650) 853-3130
Email Contact [email protected]
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 VI – PAYMENT
Host Agency will provide BACR with $28,000 per Fellow, and requests one (1) Fellows for the coming program year for a total payment amount of $28,000 to support the implementation of the program. Host Agency will receive invoices one month prior to the scheduled payment date.
This payment will be made according to the following schedule:
● Payment 1:
o Due: November 30, 2023
o Amount: $14,000
● Payment 2:
o Due: January 31, 2024
o Amount: $7,000
● Payment 3:
o Due: March 31, 2024
o Amount: $7,000
ARTICLE VII – TERMS
It is mutually agreed by all Parties to this MOU that:
MOU:
● The Parties will review the effectiveness of the MOU after each participating year 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 (30) days prior to termination.
Fellow Recruitment, Hiring, and Termination:
● If the Host Agency ultimately fails to select a Fellow from a list of applicants deemed qualified by BACR, Host Agency will pay BACR a $2,500 fee (included in the total cost) for the recruiting effort promptly following receipt of an invoice from BACR. ● The Parties will explore reasonable next steps for recruitment in the event that BACR is unable to place a qualified Fellow at the Host Agency by the final possible start date.
Next steps include a shorter term of service with corresponding lower payment amount (dependent on availability), postponement to future term of service, or whatever solution is deemed most beneficial to the Parties.
● In the event that the Fellow(s) is hired to begin after the start of the program, the full match will still be required. All full-time AmeriCorps Members receive the same benefits and are expected to finish the term of service regardless of their start date so the cost remains the same.
● Host Agency agrees to not hire the Fellow as a full-time employee until and unless the Fellow completes their entire term of service described in this MOU. If the Host Agency hires the Fellow before the end of the program year, Host Agency is subject to a $2,500 fine for the time and resources spent on recruiting, training, and supporting the Fellow. If there is extra space in the program, BACR agrees to recruit another Fellow to complete the term of service if Host Agency desires, in which case the Host Agency must still pay BACR for the services described in this MOU and according to the payment schedule outlined in Section VI (Payment). In the event a replacement Fellow is available, but the Host Agency does not desire a replacement Fellow, effectively ending the term of service, Host Agency is subject to a $2,500 fine for exiting the contract before the agreed upon end date and a $2,500 fine for the time and resources spent on recruiting and training the Fellow, amounting to a total fine of $5,000. The Host Agency will not be reimbursed for payments already made to BACR.
● In the event that the Fellow(s) leaves the program for any reason aside from being hired as a full-time employee of the Host Agency, prior to the end date in the Fellow’s contract (i.e. Member Service Agreement), a prorated amount will be issued for match funds up until April 30, 2024. Prorated amounts are determined by the following equation: Total partner match divided by number of total stipend payments planned for the Fellow(s) multiplied by actual number of stipend payments distributed. The match is used throughout the year for AmeriCorps Member stipends, benefits, training, and programmatic costs; all Agency match funds will have been absorbed by the program by the April 30, 2024 deadline so no prorated amount will be issued after that date.
Responsibility
● 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 VIII – AUTHORIZING SIGNATURES
IN WITNESS HEREOF, the parties hereto have executed this MOU on the date(s) set forth below.
Bay Area Community Resources
___________________________________ ______________________ Adolfo Rivera Date
Director of National Service
City of East Palo Alto
___________________________________ ______________________ Melvin E. Gaines Date
City Manager