City of Chandler and ASU AmericCorps Partnership Agreement
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Collaboration Agreement
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ASU
COLLABORATION AGREEMENT
Between
City of Chandler Fire Department
and
The Arizona Board of Regents for and on behalf of
Arizona State University
This COLLABORATION AGREEMENT (“Agreement”) is made and entered into by and
between:
The City of Chandler, by and through its Fire Department, having a place of business at
151 East Boston Street, Chandler, Arizona 85225 (“Collaborator” or “Host Site”), and the
Arizona Board of Regents for and on behalf of Arizona State University (“ASU”), an
institution of higher learning established by the laws of the State of Arizona, having a place
of business at 660 S. Mill Ave., Tempe, AZ 85281.
ASU is the recipient of the award NO. AC-FOR-21-031722-02-Y2 (“Prime Award”) from the
State of Arizona, Governor’s Office of Youth, Faith, and Family for ASU’s participation in
the AmeriCorps Program.
WHEREAS, Collaborator desires to act as a host site for the assignment of AmeriCorps
member(s) to perform healthy relationships education or/and domestic violence
intervention in tandem with other services, according to the needs for the specific agency
assigned, to increase knowledge about safe intimate relationships, through the ASU School
of Social Work Survivor Link AmeriCorps program (“Program”),
NOW, THEREFORE, in reliance on the commitments and obligations set forth herein, the
parties agree as follows:
PRIME AWARD. This Agreement is subject to the terms and conditions of FY 2023/2024
General Grant and Cooperative Agreement Terms and Conditions and 2023/2024 Terms,
as specified in Exhibit A, and Conditions for AmeriCorps State and National Grants, as
specified in Exhibit B (hereinafter referred jointly as “AmeriCorps Terms & Conditions”).
RESPONSIBILITIES OF ASU. The responsibilities of ASU include, but are not limited to,
the following:
1. Serve as the primary contact for the AmeriCorps program with Arizona Governor’s
Commission on Service and Volunteerism and the Corporation for National &
Community Service.
2. Coordinate the recruitment of AmeriCorps members and assure all members
enrolled meet eligibility requirements.
3. Provide technical assistance to Host Site in developing work plans and position
descriptions for each assignment.
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4. At the Host Site’s request, provide applicable site-specific training and in-service
training.
5. Facilitate placement of AmeriCorps members to a Host Site, matching interests and
skills with tasks to be accomplished in the approved Prime Awared application.
6. Provide administrative support to AmeriCorps members.
7. Conduct monitoring activities and site visits with the Host Site to maximize
understanding and compliance.
8. Retain full responsibility for the management and fiscal control of the AmeriCorps
program.
9. Transfer an AmeriCorps member from one placement to another, if needed,
consistent with Program and Host Site needs.
10.Release members from service for cause or compelling personal circumstance
should the need arise.
RESPONSIBILITIES OF COLLABORATOR. The responsibilities of Collaborator include,
but are not limited to, the following:
1. Assist with the promotion of the Program as applicable.
2. Take part in training provided by the Program as applicable.
3. Provide time and support for the AmeriCorps member to engage in healthy
relationship and/or domestic violence services including: healthy relationship
information sessions in individual or group format, online intervention safety
planning, and supervision of volunteer-member implementation.
4. Provide time and support for the AmeriCorps member to gather information for
grant reporting purposes as applicable. Information may include the number of
people that the member provides healthy relationships information to or the number
of hours that they have engaged in service with the organization.
5. Arrange for, and continually ensure, regular volunteer-member supervision occurs
(i.e., at least one hour each week).
6. Provide site specific training and orientation including guidelines, regulations, and
policies of the site.
7. In collaboration with the AmeriCorps member(s) develop a work plan, also referred
to as the learning contract, for each member. This includes development of a plan
to work directly with clients and staff to educate about issues of domestic violence,
safety planning interventions with domestic violence survivors, and/or general
healthy relationship information at the host site.
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8. Ensure that the AmeriCorps member(s) do not engage in activities prohibited in the
AmeriCorps Terms & Conditions in Exhibit A and Exhibit B.
9. Provide day-to-day supervision of the activities of the AmeriCorps members, which
includes verifying the member’s hours and/or timesheets to track hours.
10.Provide cross training to AmeriCorps member(s) at the same site to further enhance
overall member performance.
11.Provide materials and supplies related to the performance of assignments, an
adequate working space, and Internet access including e-mail to permit AmeriCorps
member(s) to perform assigned duties.
12.Assist in the mid-year and end-of term performance evaluation of assigned
member(s).
13.Notify ASU immediately regarding unscheduled changes of status and conditions of
AmeriCorps member(s), such as arrests, hospitalizations, and absence without
leave.
14.Comply with monitoring and site visit activities coordinated by ASU.
15.Allow AmeriCorps member(s) to participate in Days of Service, such as Martin Luther
King Holiday, 9/11 Day of Service and National Volunteer Week, should activities be
organized in the communities where the members are in service.
JOINT RESPONSIBILITIES. The joint responsibilities of Collaborator and ASU include,
but are not limited to, the following:
1. Make every reasonable effort to ensure that the health and safety of AmeriCorps
member(s) are protected during the performance of their duties.
2. Not assign or require AmeriCorps member(s) to perform duties which would
jeopardize their safety or cause them to sustain injuries.
3. Avoid placing related persons in supervisor-supervisee relationships or other roles
that could lead to a conflict of interest.
4. Both parties agree to strive to assure the full involvement of all interested and
eligible parties, including those with a disability.
KEY PERSONNEL. The following persons have been identified to represent the Parties to
discuss and lead the implementation of the areas of cooperation as specified under this
Agreement:
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FOR ASU:
Jill Messing
Arizona State University
411 N Central Ave., Suite 800
Phoenix, AZ 85004
Jill.Messing@asu.edu
FOR COLLABORATOR:
Name: ___Jessica Westmiller_____________
Institution: City of Chandler Fire Department
Address: 151 East Boston Street, Chandler, Arizona 85225
Email: _jessica.westmiller@chandleraz.gov
CONFIDENTIALITY. It is contemplated that the work of this Agreement can be carried
out without disclosing either party’s confidential information to the other party. However,
should it become necessary to disclose any confidential information, the respective party
will notify the other party. Any additional terms related to Confidentiality will be negotiated
and agreed to by the parties in a separate agreement.
TERM AND TERMINATION. This Agreement may be signed in counterparts and takes
effect on the signature of both parties. It shall terminate on August, 31 2024 unless
renewed by the mutual written agreement of the parties. No amendment or modification
to this Agreement shall take effect unless signed by authorized representatives of each
party. Either party may terminate this Agreement upon thirty (30) days advance written
notice to the other party.
DISPUTE RESOLUTION. In the event of any dispute, claim, question, or disagreement
arising from or relating to this Agreement, the parties shall consult and negotiate with
each other in good faith and, recognizing their mutual interests, attempt to reach a just
and equitable solution satisfactory to both parties. The parties acknowledge that disputes
arising from this Agreement may be subject to non-binding arbitration in accordance with
applicable state law and court rules. The Agreement shall be governed by the law of the
State of Arizona.
NON-FUND OBLIGATION DOCUMENT. This Agreement is neither a fiscal nor a funds
obligation document nor is either party granting rights to the other with respect to
intellectual property. Any endeavor or transfer of anything of value involving
reimbursement or contribution of funds between the parties to this Agreement will be
handled in accordance with applicable laws, regulations and procedures. Such endeavors
will be outlined in separate agreements that shall be made in writing by representatives
of the parties and shall be independently authorized by appropriate statutory authority.
This Agreement does not provide such authority. Each party shall be fiscally responsible
for their own portion of work performed under this Agreement. This Agreement shall not
create a relationship of a joint venture, employer and employee, or principal and agent.
As such, the parties are not entitled to workers’ compensation or any benefit of
employment by the other parties.
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ADVERTISING, PUBLICITY, NAMES AND MARKS. Collaborator will not do any of the
following, without, in each case, ASU’s prior written consent: (i) use any names, service
marks, trademarks, trade names, logos, or other identifying names, domain names, or
identifying marks of ASU (ASU Marks), including online, advertising, or promotional
purposes; (ii) issue a press release or public statement regarding this Agreement, except
for documents used for internal consumption by Collaborator; or (iii) represent or imply
any ASU endorsement or support of any product or service in any public or private
communication. Any permitted use of ASU Marks must comply with ASU’s requirements,
including using the ® indication of a registered mark.
NOTICES.
All official notices, by either party, required or permitted under this Agreement will be in
writing and will be given by personal delivery against receipt (including private courier
such as FedEx), email with “Read Receipt” or certified U.S. Mail, return receipt requested.
All notices will be sent to the addresses below or such other addresses as the parties may
specify in the same manner. Notices will be deemed to have been given and received on
the date of actual receipt or on the date receipt was refused. Courtesy email copy of any
notice is requested to be sent to Collaborator’s Key Personnel. Addresses are as follows:
ASU:
Office for Research & Sponsored Projects Administration
Arizona State University
PO Box 876011
Tempe, AZ 85287-6011
Attention: Heather Clark
e-mail: asu.awards@asu.edu
CC: jill.messing@asu.edu:
Collaborator: City of Chandler Fire Department
Mail Stop 801, P.O. Box 4008, Chandler Arizona 85244-4008
Attention: ____Jessica Westmiller_______
e-mail: _______jessica.westmiller@chandleraz.gov
FAILURE OF LEGISLATURE TO APPROPRIATE. In accordance with A.R.S § 35-154,
if ASU’s performance under this Agreement depends on the appropriation of funds by the
Arizona Legislature, and if the Legislature fails to appropriate the funds necessary for
performance, then ASU may provide written notice of this to Collaborator and cancel this
Agreement without further obligation of ASU. Appropriation is a legislative act and is
beyond the control of ASU.
CONFLICT OF INTEREST. If within three (3) years after the execution of this
Agreement, Collaborator hires as an employee or agent any ASU representative who was
significantly involved in negotiating, securing, drafting, or creating this Agreement, then
ASU may cancel this Agreement as provided in A.R.S. § 38-511.
NONDISCRIMATION. The parties agree to comply with all applicable state and federal
laws, rules, regulations and executive orders governing equal employment opportunity,
immigration, nondiscrimination, including the Americans with Disabilities Act. If
applicable, the parties will abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a)
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and 60-741.5(a). These regulations prohibit discrimination against qualified individuals
based on their status as protected veterans or individuals with disabilities, and prohibit
discrimination against all individuals based on their race, color, religion, sex, or national
origin. Moreover, these regulations require that covered prime contractors and
subcontractors take affirmative action to employ and advance in employment individuals
without regard to race, color, religion, sex, national origin, protected veteran status or
disability.
ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and
agreement between the parties and shall supersede any prior agreement, written or oral,
not incorporated herein. There are no understandings, representations, conditions,
guarantees, or warranties, express or implied, by statute, usage, or trade or otherwise,
other than as set forth herein or in an amendment executed by the parties and
incorporated herein.
ORDER OF PRECEDENCE. In the event of any inconsistency between the conditions of
this Agreement, the inconsistency will be resolved by giving precedence in the following
order: (i) Agreement, and (ii) Exhibits A and B, including any other special terms and
conditions. If any inconsistency exists, Collaborator will be responsible for notifying
asu.awards@asu.edu.
***Signature page to follow***
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their duly authorized representatives on the respective dates entered below.
Arizona Board of Regents for and on
behalf of Arizona State University
City of Chandler Fire Department
By:
By:
Name: Kristy Macdonald
Name:
Title: Assistant Director
Title:
Date:
Date:
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY