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HomeMy WebLinkAbout2009-07-13 09-231 ORDERCOUNCIL ACTION Item No. ') 9 231 Date: 7-13-2009 Item/Subject: Order, Approving Agreement with Corporation for National and Community Service for an AmeriCorps NCCC Team for Stormwater Work Responsible Department: Legal Commentary: AmeriCorps is a national community service organization funded and run by the federal government. The National Civilian Community Corps is an AmeriCorps program in which community projects are performed by teams of approximately nine members between 18 and 24 years old. AmeriCorps has granted the City's application for an NCCC team to do stormwater-related work in and around City streams for one month this summer. Projects will include bank stabilization and plantings, stream surveys and monitoring, and the reconstruction of a washed-out portion of the Kenduskeag Stream trail. The City will house and supervise the Corps Members. In order to obtain the AmeriCorps team, the City must enter into an agreement with the Corporation for National and Community Service. A draft agreement is attached. Staff recommends signing the agreement in a final form as approved by the City Solicitor or Assistant City Solicitor. The Infrastructure Committee recommends approval. Manager's Comments: k0o")110-4 Associated Information: /prdl-+ IkInt"I V Budget Approval: Legal Approval: Introduced for X Passage First Reading Referral Department Head City Manager Finance Director Page _ of _ 9 231 Assigned to Councilor Blanchette July 13, 2009 CITY OF BANGOR (TITLE.) ORDER, Approving Agreement Between the Corporation for National and Community Service and City of Bangor — AmeriCorps Team WHEREAS, several Bangor streams are listed as urban impaired streams by the Maine Department of Environmental Protection, and others may soon be added to the list; WHEREAS, federally funded AmeriCorps NCCC teams of young men and women do community services projects in community across the nation, including work protecting our environment; WHEREAS, the City Council believes it will be beneficial to bring an AmeriCorps team to Bangor in order to do stormwater-related work in and around the City's streams; and WHEREAS, AmeriCorps has awarded a team to the City of Bangor for the period from August 17, 2009 to September 17, 2009 or thereabouts; NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT The City Manager is directed to sign the Agreement Between the Corporation for National and Community Service and City of Bangor in a final form as approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL July 13, 2009 Passed WIN W4 ' ''END 1,E ..��: (TITLE,) Approving Agreement Between the corportation for National and Community Service and City of Bangor - AmeriCorps Team Assigned to Councilor Tloelklk G 231 AMERICORPS NATIONAL CIVILIAN COMMUNITY CORPS SERVICE PROJECT SPONSOR AGREEMENT AGREEMENT BETWEEN THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE and City of Bangor for Service Project Number 200903- 308 This Agreement is entered into by and between the Corporation for National and Community Service's AmeriCorps National Civilian Community Corps National Service Program (hereinafter referred to as the "AmeriCorps NCCC") and the City of Bangor (hereinafter referred to as the "Project Sponsor"). Whereas, the National and Community Service Act of 1990, as amended, 42 U.S.C. §12612, authorizes the Corporation for National and Community Service to establish the AmeriCorps NCCC; Whereas, the Project Sponsors 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; The parties hereby agree to the terms and conditions as follows: I. AmeriCorps NCCC's Responsibilities A. The AmeriCorps NCCC agrees that approximately —L Team(s), consisting of approximately 8 Corps Members, from the Atlantic Region, will perform the following service project(s) in conjunction with the Project Sponsor:: 1. Project No(s). 200901- 308 , as described in the AmeriCorps National Civilian Community Corps Project Application, submitted by the Project Sponsor on 2/5/09 , and approved by the AmeriCorps NCCC on 6/19/09 . Policy Directive 0 1 -0 1 of 12/11/00 Class XV: revised 7/28/08. 9 231 AMERICORPS NATIONAL CIVILIAN COMMUNITY CORPS SERVICE PROJECT SPONSOR AGREEMENT 2. The AmeriCorps NCCC Teams will perform the tasks as specified in this Application, with the following modifications or considerations: B. Period of Performance: The AmeriCorps NCCC Teams will begin the service project(s) not before 8/16/09 and the service project(s) projected completion is on or about 9/18/09 . If, however, AmeriCorps NCCC Teams are unable to begin or end the service projects on said dates, the Amen'Corps NCCC will notify the Project Sponsor in writing of this delay and a signed modification to this agreement is required. 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. D. In the event that a member of an AmeriCorps NCCC Team, as referenced directly above in Section C., 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 law. E. The AmeriCorps NCCC Team and all of its individual members constitute federal financial assistance to the Project Sponsor, and that neither the Team nor any Team Leader or member thereof, may legally bind the AmeriCorps NCCC Team or the AmeriCorps NCCC Program. F. AmeriCorps NCCC Corps Members and Team Leaders are covered by the Federal Tort Claims Act, 28 U.S.C. §2671, et seq. 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 covered by the Federal Tort Claims Act. G. AmeriCorps NCCC Corps Members and Team Leaders are also covered by the Federal Employees Compensation Act, 5 U.S.C. §8101, et seq. 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 covered by the Federal Employees Compensation Act. H. 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, and that 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. 2 Policy Directive 01-01 of 12/11/00 Class XV; revised 7/28/08. AMERICORPS NATIONAL CIVILIAN COMMUNITY CORPS SERVICE PROJECT SPONSOR AGREEMENT 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 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 National Civilian Community Corps, and its employees and 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. I authorize NCCC Members or Staff usage of Project Sponsor and/or Partnering Organization's vehicles to perform project tasks. [] I DO NOT authorize NCCC Members or Staff usage of Project Sponsor and/or Partnering Organization's vehicles to perform project tasks. C. If applicable, the Project Sponsor will assist with the lodging, meals, and other support for the AmeriCorps NCCC Corps Members 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, Section III below must be completed. Check here if applicable. D. The service projects will be lawful, meet an identifiable need in the community, and provide the community with meaningful benefits. E. The service projects will not require that the Corps Members engage in religious instruction, worship services, or any form of proselytization. F. 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. 7 Policy Directive 0 1 -0 1 of 12/11/00 Class XV; revised 7/28/08. r� }9 23 AMERICORPS NATIONAL CIVILIAN COMMUNITY CORPS SERVICE PROJECT SPONSOR AGREEMENT G. The Project Sponsor will assist the AmeriCorps NCCC by providing all information necessary for the AmeriCorps NCCC to carry out its program and to comply with the Corporation for National and Community Service policies. H. The Project Sponsor will comply with all federal statutes relating to nondiscrimination, which include nondiscrimination on the basis of: Race, color, or national origin Title VI of the Civil Rights .pct of 1964 (PL 88-352) Religion National Service and Community Service _pct of 1990, as amended (42 USC 12635 (c) (1)) Sex Title IN of the Education _Amendments of 1972, as amended (20 USC 1681-1683, and 1685-1686) Disability (present, past, or perceived) Section 504 of the Rehabilitation .-Act of 1973, as amended (29 USC 794) Age .age Discrimination Act of 1975, as amended (42 USC 6101-6107) The Sponsor agrees to also comply with the nondiscriminatory provisions of the National and Community Service Act of 1990, as amended, and all other nondiscrimination statute(s) that may apply to the Project Application. The Sponsor further agrees to comply with Corporation for National and Community Service policy by not discriminating against individuals on the basis of their sexual orientation, marital or parental status, military service, and/or social affiliations. III. Cost Share Agreement This section is applicable if Section H.B. is checked above. Otherwise, proceed to section IV. This section sets forth the parties' understanding concerning the establishment and operation of a cost -share partnership between the AmeriCorps NCCC and the Project Sponsor. This agreement operates under the statute 142 U.S.C. § 12617(c)(2)1 that allows the AmeriCorps NCCC and the Project Sponsor to make arrangements that "may provide for cost-sharing and the provision by the communities of in-kind support and other support." A. AGREEMENT NUMBER Policy Directive 01-01 of 12/11/00 Class W, revised 7/28/08. 231 AMERICORPS NATIONAL CIVILIAN COMMUNITY CORPS SERVICE PROJECT SPONSOR AGREEMENT B. RESPONSIBILITY CENTER CODE C. PROJECT COST -SHARE AMOUNT $ D. COST -SHARE PROVISION Provide brief explanation of the cost -share agreement provisions as they related to Section II.B under the Project Sponsor's Responsibilities. E. PAYMENTS Payments will be made by the Project Sponsor within 30 days of receipt of an invoice provided by the appropriate CNCS Service Center. All checks shall be made payable to the Corporation for National and Community Service and sent to the Service Center address on the invoice. Do not send payments to regional campus. All checks must reference the Project Number designated in Item #1 above. Currency and coin is not accepted. All expenditures using cost -share provisions follow the legislative authority for federally appropriated funds. IV. Modification and Termination This agreement may be amended at any time, in writing, by authorized representatives of the Project Sponsor and the AmeriCorps NCCC. Termination of this agreement by either party is accomplished by giving written notice five days prior to the effective date of the termination. Refund of the cost - share provision will be negotiated between the designated representatives of the Project Sponsor and the Corporation for National and Community Service. 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. V. 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 9/18/09 . Policy Directive 01-01 of 12/11/00 Class XV; revised 7/28/08. AMERICORPS NATIONAL CIVILIAN COMMUNITY CORPS SERVICE PROJECT SPONSOR AGREEMENT CNCS/AmeriCorps National Civilian Project Sponsor: Community Corps %qor, Signature Robin Nixon Printed Name Title: Program Director Date: June 30, 2009 NCCC Atlantic Region Address: P.O. Box 27 Perry Point, MD 21902 410-642-2411 x6852 Phone: 6 Policy Directive 01-01 of 12/11/00 Class XV; revised 7/28/08. , mature Printed Name Title: Date: .address: Phone: Tax Identification Number (TIN): Number: (for cost -shares only) U9