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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
AmeriCorps*VISTA
Project No. FL-31-315.5
Agreement No. l
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:
DUNS Number:
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
This agreement shall become effective on March 1, 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.
g. 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.
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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 et he Corporation's regulations,
policies and procedures, and any amendments
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.
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.
P.
3. Sponsor Obligations. The Sponsor will:
a. As mutually agreed with the Corporation, assist in the recruitment of applicants to
become AmeriCorps*VISTA members,
b. 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.
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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.
g. 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 ftoor administrative proceedings su h records to the Corporation or the purpose of
or litigation
purposes, and to provide access
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 AmeriCorps*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 nd advancement the AmeriCorps*VISTA member'sservice, ation eadi:ng to
gainful employment at the e
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.
j.
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.
a. Provide information to project sites (see paragraph 6) on the conditions od� erstanding with
AmeriCorps*VISTA member service and execute
the project sites to insure compliance owii onhee rendquiree ments of the Project Application
and this agreement between the Corp
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p. Ensure that the AmeriCarps�,,mertCoSupervisor,
s*ViSTAtmember pre pre -service required
orientation
by the
Corporation, participates in
(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 ArneriCorps*VISTA members to
perform duties which would jeopardize their safety or cause them to sustain injuries.
r. New ArneriCorps*VISTA sponsors 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 ArneriCorps*VISTA member(s) who leave prior to completion of service
date(s), The Sponsor must sign and return the form to the Corporation State Proogram '
Office even if no ArneriCorps*VISTA members left/leave during the pay pro
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 ArneriCorps* 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 Corpo�atiS ViSTAee to perform Handboakthe joint or those which may
responsibilities
as described in the AmeriC rp
become applicable subsequent to the execution of this Agreement.
b. Provide a member grievance procedure in accordance with the Corporation's
AmeriCorps*VISTA gandbook.
c. Sponsor will have primary responsibility for recruiting local member s and the
Corporation the responsibility for nationally recruited ArneriCorps*VISTA
members.
d. The Sponsor and the Corporation will cooperate together in both pre -service
and in-service training according to the Corporation policy.
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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.
5, a. Nondiscrimination
No person with responsibilities in the operation of the project shall discriminate against
any AmeriCorps*VISTA member, or member of the staff of, or beneficiary of the project
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 s agents or ual
favors for service benefits, regardless of whether the sponsor,
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
ee, its agent or its supervisory
e ployees k non -employees, where
should have knowntof the conduct, unless it took
employees knew o
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 ive and iin fit agencies or accordance withrthe Memorandum of
sites") as described in the Project Narrative
Understanding,
7. Supplemental Payments Prohibited
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The allowances provided to AmeriCorps*VISTA members are designed to permit
AmeriCorps*VISTA members to live at mlementing these allowances es and must
ic level of the persons served, as
required by law. Sponsors are prohibited
from su pp
assure that others do not do so.
8. 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 or
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
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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, shalt 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, et seq. with said procedures also agreement or refuse to renew this in
accordance with the provisions of 45 CFR P
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 attest to having the authority to enter into this
agreement and agree that this agreement will become effective on the aforementioned date.
SPONSOR CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
BY:
(Signature)
DATE:
Name & Title
BY:
(Signature)
DATE:
Suzanne Y. Richards, Corporation State Director
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ATTEST:
Priscilla A. Thompson, City Clerk
CITY OF MIAMI, a municipal
corporation
13y:
Joe Arriola, City Manager
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNES S : REQUIREMENTS:
JORGE L. FERNANDEZ
City Attorney
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DANIA CARRILLO
Risk Management