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HomeMy WebLinkAboutOriginal Memorandum of AgreementCORPORATION FOR NATIONAL AND COMMUNITY SERVICE AmeriCorps*VISTA Project No. FL-31-315-5 Agreement No. 1 MEMORANDUM OF AGREEMENT (Pursuant to Title I, Pub.L. 93-113, the Domestic Volunteer Service Act of 1973, as amended, 87 Stat. 394 hereinafter, the "Act") between City of Miami Miami Riverside Center 444 SW 2nd Avenue, 5th floor Miami, Florida 33130-1910 EIN: 59-6000375 DUNS Number: 118890230 and CORPORATION FOR NATIONAL AND COMMUNITY SERVICE 3165 MCrory Place Suite 115 Orlando, FL 32803 This Memorandum of Agreement, hereafter referred to as the agreement, between the CORPORATION FOR NATIONAL AND COMMUNITY SERVICE and the Sponsor provides for the assignment of up to sixteen (16) AmeriCorps*VISTA members to the Sponsor for the purpose of performing volunteer service to strengthen and supplement efforts to eliminate poverty and poverty -related human, social, and environmental problems as specified in the Project Narrative, which is incorporated herein by reference. It is anticipated by the parties that the project period needed to accomplish the objectives specified in the Project Narrative will be a period of twelve (12) months; however, neither the CORPORATION FOR NATIONAL AND COMMUNITY SERVICE nor the Sponsor shall be obligated to assign or accept members or continue performance under this agreement (other than performance of obligations, such as the preservation of records, which continue after the termination of this agreement) after the date specified in the section of this agreement entitled "Duration," unless a written amendment to this agreement extending the period of performance is executed by both parties. 1. Duration 51e This agreement shall become effective on March, 2005 and shall terminate one (1) year from the effective date, unless terminated sooner. No AmeriCorps*VISTA member shall be assigned to any duties with the sponsor until 45 days after the project description has been submitted to the Governor of Florida, and it has not been disapproved during such period, unless the Governor has, after the date of submission but before the end of the 45 day period, indicated approval. 2. The Corporation Responsibilities. The Corporation will: a. Assign up to sixteen (16) AmeriCorps*VISTA members to the Sponsor on or after the effective date of this Agreement, and at its option, assign replacements for any AmeriCorps*VISTA members who resign, transfer to other projects or are terminated. b. Provide technical assistance to the Sponsor in planning, development, and implementation of the project. c. Submit the Project Narrative to the Governor of Florida for review. d. Process and give final selection to member applications submitted by Sponsor. e. Provide applicant processing and AmeriCorps*VISTA member pre -service orientation at AmeriCorps*VISTA expense, and assist the Sponsor in providing in- service training. f. Invite the Sponsor/supervisor to CNS/AmeriCorps*VISTA training conferences pertaining to the program. AmeriCorps*VISTA may, at its option and subject to the availability of funds, pay such cost. Provide a relocations allowance, as appropriate, for AmeriCorps*VISTA members having to relocate in order to serve. h. Provide AmeriCorps*VISTA members with allowances in accordance with the AmeriCorps*VISTA policies and procedures. i. Enroll AmeriCorps*VISTA members in the AmeriCorps*VISTA Health Benefits Program. Enroll AmeriCorps*VISTA members in the AmeriCorps*VISTA life insurance program at the member's request. g. 2 k. Periodically review and assist the Sponsor's use of AmeriCorps*VISTA members to achieve the objectives and perform the task(s) specified in the Project Narrative. 1. If requested to do so by the Sponsor in writing, remove any AmeriCorps*VISTA member from the project in accordance with the Corporation's policies and procedures. m. Provide the Sponsor timely information concerning the Corporation's regulations, policies and procedures, and any amendments thereto. n. Provide member discrimination complaint procedures in accordance with the AmeriCorps*VISTA Handbook and applicable regulations. o. Provide education awards through the National Service Trust, in the amount of $4,725 per member, for those not selecting the end -of -year stipend payment. p. Consider whether AmeriCorps*VISTA members are eligible for all benefits provided to members under the Act, including the income disregard provisions of 42 U.S.C. § 5044, and coverage under the Federal Employees Compensation Act (FECA) and Federal Tort Claims Act, and non-competitive federal hiring eligibility as specified in 42 U.S.C. § 5055. AmeriCorps*VISTA members shall not be considered employees of the Sponsor. AmeriCorps*VISTA members are deemed employees of the Corporation only for those purposes identified in 42 U.S.C. § 5055. 3. Sponsor Obligations. The Sponsor will: As mutually agreed with the Corporation, assist in the recruitment of applicants to become AmeriCorps*VISTA members. Assist in the provision of pre -service, early service, and in-service training, as specified in the Project Narrative. c. Operate the project in accordance with the provisions of the Act, program regulations, and the requirements contained in the AmeriCorps*VISTA Handbook and any subsequent changes or modifications thereto; and, other Federal laws, regulations, and policies which are, or become, applicable to the program. d. Accomplish the goals and objectives set out for the AmeriCorps*VISTA members in the Project Narrative, and comply with the Assurances included within the Project Application (Narrative). e. Provide on-the-job transportation and other project support as specified in the Project Narrative and paragraph 4 of this agreement. a. b. 3 f. Provide supervision for the AmeriCorps*VISTA members as described in the Project Narrative and paragraph 4 of this agreement. No supervisor may be appointed without the prior concurrence of the Corporation. Maintain such records and accounts, and make such reports and investigations concerning matters involving AmeriCorps*VISTA members and the project as the Corporation may require. The Sponsor agrees to retain such records as the Corporation may require for a period of three years after completion or termination of the project, or longer if required for administrative proceedings and/or litigation y, purposes, and to provide access to such records to the Corporation for the purpose of litigation, audit or examination. h. If circumstances require, the Sponsor will advance up to $500 to any AmeriCorps*VISTA member in case of any emergency (e.g. critical illness or death in the immediate family) to be reimbursed by the Corporation when the Sponsor and AmeriCorps*VISTA member have completed and submitted an AmeriCorps*VISTA Payment Voucher, CNS Form V-531. The Corporation will not be responsible for the reimbursement of these funds unless the ArneriCorps*VISTA Payment Voucher form is submitted to the State Program Director. i. Provide to each low-income AmeriCorps*VISTA member, an individual plan which provides an opportunity for job advancement or for transition to a situation leading to gainful employment at the end of the AmeriCorps*VISTA member's service. To the maximum extent practicable, consult with and use the people of the community to be served by AmeriCorps*VISTA members in planning, developing, and implementing the project. k. Report to the Corporation State Program Office, within 24 hours, the unscheduled removal of AmeriCorps*VISTA members, and otherwise keep the Corporation timely informed of unscheduled changes of status and conditions of AmeriCorps*VISTA members, such as arrests, hospitalization, and absence without leave. 1. Submit Project Progress Reports within the required time frame. m. Submit on-the-job training plans at least thirty (30) days in advance of the proposed starting date of such training. n. Comply with federal laws and regulations and the Corporation's policies and procedures applicable to it, or which may become applicable to it, subsequent to the execution of this Agreement. o. Provide information to project sites (see paragraph 6) on the conditions of AmeriCorps*VISTA member service and execute Memoranda of Understanding with the project sites to insure compliance with the requirements of the Project Application and this agreement between the Corporation and the Sponsor. g. 4 p. Ensure that the AmeriCorps*VISTA Supervisor, to the extent required by the Corporation, participates in AmeriCorps*VISTA member pre -service orientation (PSO) provided by the Corporation. q. Make every reasonable effort to ensure that the health and safety of AmeriCorps*VISTA members are protected during the performance of their assigned duties. The Sponsor shall not assign or require AmeriCorps*VISTA members to perform duties which would jeopardize their safety or cause them to sustain injuries. r. New AmeriCorps*VISTA sporr ors shall, by the time of the signing of the Agreement, certify that a handicapped accessibility self -assessment has been conducted of the Sponsor facilities and project sites. s. Return the Sponsor Verification Letter to the Corporation State Program Office within five (5) workdays of receipt. The Sponsor must indicate actual departure date(s) of AmeriCorps*VISTA member(s) who leave prior to completion of service date(s). The Sponsor must sign and return the form to the Corporation State Program Office even if no AmeriCorps*VISTA members left/leave during the pay period covered by the form. t. In the event of a local and/or national disaster, the Sponsor, with direction from the Corporation, is responsible for providing AmeriCorps*VISTA members to participate in local and/or national emergency disaster relief efforts if needed. All VISTA Program policies, terms and conditions remain in effect and benefits and protections afforded and provided to AmeriCorps* VISTA members and Sponsors shall continue while on special disaster relief assignment as if the VISTA members are in traditional service at the originally assigned site.. u. Allow AmeriCorps*VISTA members to participate in Days of Service, i.e. Martin Luther King Holiday, National Volunteer Week, Make A Difference Day, should activities be organized in the communities where the members are in service. 4. Joint Responsibilities a. The Sponsor and the Corporation agree to perform the joint responsibilities as described in the AmeriCorps*VISTA Handbook or those which may become applicable subsequent to the execution of this Agreement. b. Provide a member grievance procedure in accordance with the Corporation's AmeriCorps*VISTA Handbook. c. Sponsor will have primary responsibility for recruiting local member s and the Corporation the responsibility for nationally recruited AmeriCorps*VISTA members. d. The Sponsor and the Corporation will cooperate together in both pre -service and in-service training according to the Corporation policy. 5 e. Ensure that persons selected as AmeriCorps*VISTA members are not related by blood or marriage to project staff, sponsor staff, officers or members of the sponsor's Board of Directors, or responsible Corporation program staff. S. a. Nondiscrimination No person with responsibilities in the operation of the tshall discriminate against or beneficiary of the project any AmeriCorps*VISTA member, or member of he staff of, with respect to any aspect of the project on the basis of race, religion, color, national origin, sex, age, disability, or political affiliation. b. Sexual Harassment Sponsor and grantees, as the recipients of federal financial assistance from the Corporation, are ultimately responsible for violations of the prohibition against sexual harassment and for taking corrective action and/or disciplinary action if violations occur. The sponsor/grantee is responsible for: (1) Acts of "quid pro quo" sexual harassment where a supervisor demands sexual favors for servicebenefits, regardless of whether the sponsor, its agents or supervisory employees should have known of the acts. (2) Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of sexual nature which have the purpose or effect of creating an intimidating, hostile or offensive service environment. (3) Acts of sexual harassment toward fellow AmeriCorps*VISTA members or non -employees, where the sponsor/grantee, its agent or its supervisory employees knew or should have known of the conduct, unless it took immediate and appropriate corrective action. 6. Delegation and Subcontracting The Sponsor will not delegate or assign any of its obligations or duties contained in this agreement. However, AmeriCorps*VISTA members may be assigned by the Sponsor to perform duties with other public or private non-profit agencies or organizations ("project sites") as described in the Project Narrative and in accordance with the Memorandum of Understanding. 7. Supplemental Payments Prohibited 6 The allowances provided to AmeriCorps*VISTA members are designed to permit AmeriCorps*VISTA members to live at the economic level of the persons served, as required by law. Sponsors are prohibited from supplementing these allowances and must assure that others do not do so. S. Legal Restrictions The Sponsor agrees that no AmeriCorps*VISTA member assigned under this agreement shall participate in or funds from the Corporation used in, the following activities when they would result in the identification of such programs with: a. Partisan and non -partisan political activities, including voter registration. b. Direct or indirect attempts to influence passage or defeat of legislation or proposals by initiative petition. c. Labor or anti -labor organization or related activities. d. Religious instruction, worship services, proselytization, or any other religious activity as an official part of their duties 9. The Sponsor further agrees not to: a. Carry out projects resulting in the identification of such projects with partisan or non -partisan political activities, including voter registration activities, or providing voter transportation to the polls. b. Assign AmeriCorps*VISTA members to activities that would result in the hiring of or result in the displacement of employed workers, or impair existing contracts for service. c. Accept or permit the acceptance of compensation from AmeriCorps*VISTA members or from beneficiaries for the services of AmeriCorps*VISTA members. d. Approve the involvement of any AmeriCorps*VISTA members assigned to it in planning, initiating, participating in, or otherwise aiding or assisting in any demonstration whatsoever. 10. Amendments This Memorandum of Agreement may be amended at any time by an agreement in writing executed by authorized representatives of the Sponsor and the Corporation. 11. Severability If any provision of this agreement is construed as illegal or invalid, this will not affect the legality or validity of any of the other provisions contained in this agreement. The illegal 7 or invalid provision will be deemed stricken and deleted from the agreement to the same extent and affect as if it never existed, but all other provisions will continue in effect. 12. Notices All notices and communications required to be given to the Corporation by the Sponsor, except as otherwise specifically provided, shall be directed to the Corporation State Program Director at Corporation for National and Community Service, Florida State Office, 3165 McCrory Place, Suite 115, Orlando, FL 32803. 13. Termination The Sponsor or the Corporation may terminate, suspend, or refuse to renew this agreement at any time by giving thirty (30) days notice in writing to the other of its intent. In addition, the Corporation may terminate, suspend, or refuse to renew this agreement in accordance with the provisions of 45 CFR Part 1206 et seq. with said procedures also applicable to a material failure to comply with the conditions set forth in this agreement, and in accordance with the provisions of 42 U.S.C.§ 4953. 14. Order of Precedence In the event of inconsistencies or conflicts between the Project Narrative and the agreement, this agreement shall govern. The parties whose signatures appear below till become effective on the aforementioned date, attest to g the authority to enter into this agreement and agree that this agreement CORPORATION FOR NATIONAL AND SPONSOR COM y"` ITY SE VI BY. (Signature) DATE: s " 65 Name & Title Robert Ruano Grants Administrator BY: (Sig ature) D • E: YI a °/a Suzanne Y. Richards, Corporation State Director 8 ATTEST: Priscjla A. Thompson, City Clerk APPROVED AS TO FORM AND CORRECTNESS: JORGE City Attorne CITY OF MIAMI, a municipal corporation ti Bv: Arriola, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: 3/0J DANIA CARRILLO Risk Management