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HomeMy WebLinkAboutExhibit 1CORPORATION FOR NATIONAL AND COMMUNITY SERVICE AmeriCorps*VISTA Project Number: 08VSSFL001 Agreement Number: MEMORANDUM OF AGREEMENT between City of Miami City of Miami Off. of Grants Admin. 444 NW 2nd Ave., 5th Floor Miami, FL 33130 EIN: 596000375 DUNS Number:/18888986 Location Code Number : 61207 and Corporation for National and Community Service Florida State Office 3165 McCrory St Suite 115 Orlando, FL 32803-3771 Pursuant to Title I, Pub.L. 93-113, the Domestic Volunteer Service Act of t973, as amended, 87 Stat. 394 hereinafter, the "Act" This Memorandum of Agreement, hereinafter referred to as "the Agreement", between the two above -captioned parties: I) Corporation for National and Community Service, hereinafter referred to as the "Corporation"; and 2) City of Miami, hereinafter referred to as the "Sponsor", sets forth the parties' understanding concerning the establishment and operation of a local project under the AmeriCorps*VISTA program, pursuant to Title I, Part A the Domestic Volunteer Service Act, as amended, (42 U.S.C. 4951 et seq.), hereinafter referred to as "the Act". The primary purpose of this agreement is for the Corporation to provide the Sponsor with up to twenty-five (25) AmeriCoips*VISTA members to perform volunteer service to strengthen and supplement efforts to eliminate poverty and poverty -related human, social, and environmental problems as specified in the Project Application. Project Application is incorporated in this Agreement by reference. The project shall be cost -shared between the Corporation and the Sponsor. Accordingly, the Agreement provides for the Sponsor's funding of up to $10,908.00 to cost -share up to one (1)AmeriCorps*VISTA member( and the assignment of up to twenty-four (24) CNCS AmeriCorps*VISTA members(s) supported by the Corporation. The Sponsoes cost -share of up to one (1) members is subject to annual review and renewal every 1 months. Specific details regarding cost -share payment roles and responsibilities associated with this Agreement set forth in paragraph 15. of Part II of this Agreement. I. GENERAL PROVISIONS 1. Duration of This Agreement This Agreement is for one year, and shall become effective on the date of 09/14/2008 after execution of this Agreement The date of execution of this agreement is the date that the final signatory for either party signs and dates this Agreement. This Agreement is subject to performance of the terms as set forth in this Agreement, below in Part II. Activity on the project shall be deemed to have begun on 09/14/2008 and shall end thereafter on 09/12/2009, unless terminated sooner by either or both of the parties. 2. Governor Approval Before Assignment of VISTA Members to Sponsor a) No AmeriCorps*VISTA member shall be assigned to any duties with the Sponsor unless both of the below conditions are satisfied: i) at least 45 days have lapsed since the appropriate Corporation State Office submitted the Sponsor's program or project description to the Governor of Florida, or other chief executive officer of State (hereinafter referred to as "Governor"); and the Governor has not, within 45 days of the Corporation State Office's submission of the Sponsor's program or project description to the Governor, notified the Corporation that the Governor disapproves of such program or project. b) Within five days of the appropriate Corporation State Office's submission of the Sponsor's program or project description to the Governor, the Office shall notify the Sponsor that its program or project description was submitted to the Governor and the date of said submission. 3. Status of VISTA Members During Service a) AmeriCorps*VISTA members are eligible for all benefits and coverages provided to them under the Domestic Vohinteer Service Act of 1973 (the Act), including the "income disregard" provisions as set forth at 42 U.S.C. § 5044 of the Act; the Federal Employees Compensation Act (FECA); and the Federal Tort Claims Act (FTCA). b) AmeriCorps*VISTA members shall not be considered employees of the Sponsor. AmeriCorps*VISTA members are deemed employees of the federal government only for those limited purposes identified at 42 U.S.C. § 5055 of the Act. II. RESPONSIBILITIES OF THE PARTIES 1. Corporation Responsibilities. The Corporation will: a. Assign AmeriCorps*VISTA members to the Sponsor, and at the discretion of the Corporation, 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. -2- rpt ma cs c. Submit the project description to the Governor for review. d. Process and give final selection to member applications submitted by Sponsor. e. Provide VISTA candidate in -processing and pre -service orientation at AmeriCorps*VISTA program expense, and may provide assistance or support for in-service training of VISTA members. f. Subject to the availability of funds, conduct training for the Sponsor's AmeriCorps*VISTA supervisor(s), and pay such costs associated with such training g. Provide a relocation allowance, as appropriate, for AmeriCorps*VISTA members having to relocate in order to serve. h. Provide AmeriCorps*VISTA members with subsistence allowances in, accordance with the AmeriCorps*VISTA policies and procedures. i. Enroll AmeriCorps*VISTA members in the AmeriCorps Health Benefits Program. j. Provide a child care subsidy for children of Ameri.Corps*VISTA members that qualify for the benefit in order for such AmeriCorps*VISTA members to participate in the AmeriCorps*VISTA program. k. Enroll AmeriCorps*VISTA members, who so request, in the AmeriCorps*VISTA life insurance program. 1. 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. m. Promptly respond to written requests by the Sponsor to remove any AmeriCorps*VISTA member from the project in accordance with the Corporation's policies and procedures. n. Provide the Sponsor timely information concerning applicable Corporation and AmeriCorps*VISTA regulations, policies and procedures. o. Provide to AmeriCorps*VISTA candidate and members information regarding volunteer discrimination complaint procedures, and grievance procedures, as provided in federal law, applicable regulations at 45 CF} Part 1211, and the AmeriCorps*VISTA Member Handbook. p. Provide education awards through the National Service Trust, in the amount of $4,725 per member, for those not selecting the end -of -year stipend payment. 2. Sponsor Obligations. The Sponsor will: a. As mutually agreed with the Corporation, assist in the recruitment of applicants to become -3- rpl_ns c$ AmeriCorps*VISTA members. b. Arrange and be responsible for providing in-depth on -site orientation and training for all incoming AmeriCorps*VISTA members at the beginning of their service. c. Assist in the provision of pre -service, early service, and in-service training, as specified in the Project Narrative. d. Operate the project in accordance with the provisions of the Act, applicable program policies and regulations, and other Federal laws, regulations, and policies which are, or become, applicable to the program. e. Operate the project in accordance with the project application, including the budget that states the Sponsor's reimbursement to the Corporation for the subsistence allowances of all AmeriCorps*VISTA members assigned to the Sponsor who are subject to cost -share. f. Engage in best efforts to 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). g. Provide on-the-job transportation and other project support as specified in the Project Narrative and paragraph 4 ("Joint Responsibilities") of this Part of the Agreement. h. Supervise the AmeriCorps*VISTA members as described in the Project Narrative and paragraph 4 ("Joint Responsibilities" of this Part of the Agreement). i. Provide all AmeriCorps*VISTA members grievance rights and procedures in accordance with the Corporation's regulations at 45 CFR Part 1211, and the currently operative AmeriCorps*VISTA Member Handbook. j. 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 purposes, an to provide access to such records to the Corporation for the purpose of litigation, audit or examination. k. If circumstances require, the Sponsor will advance up to $500.00 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 tin -4- rat maca FROM State Program Director. 1. 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. m. Report to the appropriate Corporation State Office, within 24 hours, the unscheduled departure 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. n. Submit Project Progress Reports within the required time frame. o. Submit on -assignment training plans to the appropriate Corporation State Office at least thirty (30) days in advance of the proposed starting date of such training. On -assignment training must occur and be completed within the first two to four weeks of an AmeriCorps*VISTA member's assignment to the Sponsor. p. Provide information to subrecipient project sites ("subrecipients") (see paragraph 6 of this Part, "Delegations and Subcontracting") on the conditions of AmeriCorps*VISTA member service and execute written agreements with subrecipients, as needed ("subrecipent agreements"). The subrecipient agreements are intended to insure the Sponsor's compliance with the requirements of the Project Application and with this agreement between the Corporation and the Sponsor. Each such subrecipient agreement shall, at a minimum, contain the following four elements: (i) Statement of work. The subrecipient agreement shall include a description of the work to be performed, a schedule for completing the work, and a budget. These items shall be in sufficient detail to provide a sound basis for the sponsor to monitor performance under the agreement effectively. (ii) Records and reports. The subrecipient recipient shall specify in the agreement the particular records the subrecipient must maintain and the particular reports the subrecipient must submit in order to assist the recipient in meeting its recordkeeping and reporting requirements. (iii) Other program requirements. The subrecipient agreement shall require the subrecipient to carry out each activity in compliance with all Federal laws and regulations described in sections 5, 7, 8, and 9 of this memorandum of agreement. (iv) Suspension and termination. The subrecipient agreement shall specify that termination of that agreement may occur if the subrecipient materially fails to comply with any its term. q. Ensure that the Sponsor's AmeriCorps*VISTA Supervisor(s) participate(s) in AmeriCorps*VISTA supervisory orientation provided by the Corporation. -S- rpt me cs r. 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. s. By the effective date of this Agreement, the Sponsor must certify that it has conducted a self -evaluation o: its compliance with Section 504 of the Rehabilitation Act of 1973, including that it has taken all reasonable measures to ensure that its facilities and all participating project sites (i.e., subrecipients) are accessible to qualified persons with disabilities, promote their equal participation, and do not otherwise discriminate against such persons based on disability. t. Retum the Sponsor Verification Form 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 u. In the event of a locally- and/or nationally- declared disaster, and with direction from the Corporation, be responsible for providing AmeriCorps*VISTA members opportunities to participate in local and/or national emergency disaster relief efforts if needed. All AmeriCorps*VISTA Program policies, terms and condition: 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 AmeriCorps*VISTA members are in traditional service at the originally assigned site. v. Allow AmeriCorps*VISTA members to participate in Days of Service, e.g., Martin Luther King, Jr. Holiday, National Volunteer Week, should activities be organized in the communities where the members are in service. w. Ensure that persons selected as AmeriCorps*VISTA members to serve at the Sponsor 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. 3. Joint Responsibilities a. Sponsor has primary responsibility for recruiting AmeriCorps*VISTA members with support from the Corporation. b. The Sponsor and the Corporation will cooperate together in all in-service trainings, in accordance with all applicable Corporation policies. " 4. Nondiscrimination a. General Prohibition - 6 - â–ºpLme cs FROM 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, sexual orientation, age, disability, political affiliation, marital or parental status, or military service. b. Sexual Harassment Sexual harassment is a form of discrimination based on sex, which is prohibited as addressed directly above. As the recipient of federal fmancial assistance from the Corporation, the Sponsor is responsible for violations of the prohibition against sexual harassment and for taking corrective action and/or disciplinary action if violations occur. Such sexual harassment violations include: (1) Acts of "quid pro quo" sexual harassment where a supervisor demands sexual favors for service benefits, 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. 5. Delegation and Subcontracting The Sponsor is prohibited from delegating or assigning any of its obligations or duties contained in this Agreement, with the exception of delegation or assignment to subrecipient project sites. 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 written subrecipient agreements. 6. Supplemental Payments Prohibited Monetary subsistence allowances provided to AmeriCorps*VISTA members are designed to permit AmeriCorps*VISTA members to live at or below the economic level of the persons served, as required by law. Sponsor is strictly prohibited from supplementing these allowances and must assure that others, such as any participating subrecipient project sites, do not do so. 7. Prohibitions of Use of Corporation Assistance By Sponsor The Sponsor agrees that no AmeriCorps*VISTA member assigned uncles this agreement shall participate in or funds from the Corporation used in, the following activities when they would result in the identification c 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. -7- rpt,me cs c. Labor or anti -labor organization or related activities. d. Religious instruction, worship services, proselytization, or any other religious activity as an official part c their duties. 8. 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. 9. Amendments This Memorandum of Agreement may be amended at any time, in writing, executed by authorized representatives of the Sponsor, and the appropriate Corporation State Director and the appropriate Corporation Executive Officer. In addition all parties agree to amend this Agreement as required by paragraph 16. of this Part, "Increases in AmeriCorps*VISTA Members Allowances During This Agreement? 10. Severabllity If any provision of this Agreement is construed as illegal or invalid, this will not affect the legality or validit of any of the other provisions contained in this Agreement. The illegal 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. 11. Notices Al! notices and communications required to be given to the Corporation by the Sponsor, except as specifically provided in paragraph 15, shall be directed to Suzanne Richards, the Corporation State Program Director at the State Program Office Address provided below. All notices to be given to the Sponsor by the Corporation shall be directed to Dorcas Perez at: City of Miami Off. of Grants Admin. 444 NW 2nd Ave., 5th Floor Miami, FL 33130. In the event that any of the parties or addresses named in the above paragraph change, written notice to all - 8 - rpt_ma cs other parties must be provided immediately. Such written notice should include the Agreement number and Sponsor EIN. 12. Termination, Suspension Or Non -Renewal The Sponsor or the Corporation may terminate, suspend, or decline 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 decline to renew this Agreement in accordance with applicable terms and procedures set forth at 45 CFR Part 1206 or 42 U.S.C.§ 4953(g). 13. Order of Precedence In the event of inconsistencies or conflicts between the Project Narrative and the Agreement, this Agreement shall govern. 14. Cost Share Payment Provisions a. Bi-Weekly Allowance Payments Made By the Corporation to VISTA Members. The Sponsor shall reimburse the Corporation for bi-weekly payments to all cost -share VISTA members, covered by this Agreement, for their living allowances (i.e., monthly subsistence allowances) as stated in the Budget. b. Reimbursement Schedule For Sponsor to Pay Back Corporation. . i. Corporation Issues Monthly Invoices: At the end of each month during which cost -share VISTA members are serving throughout the term of this Agreement, the Corporation will provide the Sponsor with ar invoice detailing the member allowance expenditures made by the Corporation, on behalf of the Sponsor, in that month. The Sponsor will have 30 days to tender full reimbursement to the Corporation of the total expenditures noted on the invoice. ii. Requirement For Full Reimbursement to Corporation By Due Date: In accordance with the Debt Collection Improvement Act of 1986, 31 U.S.C. chapter 37 (DCIA), the Corporation's Claims Collection Regulations at 45 CFR Part 2506, and the Federal Claims Collections Standards (FCC3)(31 CFR Parts 900 to 904), the Sponsor is required to fully reimburse the Corporation for the expenditures that the Corporation made to the cost -share VISTA member(s) on behalf of the Sponsor by the Due Date set forth on the Invoice. Also, under federal law, any expenditures that the Corporation makes to the cost -share VISTA member(s) on behalf of the Sponsor is considered a debt of the Sponsor, and the Corporation must try to collect the debt it is owed iii. Sponsor May Elect to Pay In Advance of Start of Project: The Sponsor may elect to advance funds to the Corporation for the Sponsor's cost -share of the member allowances, before the start of the Sponsor's project. In such a case, the monthly accounting invoice described directly above in paragraph 15.b.i. shall stil be sent to the Sponsor monthly and shall reflect paid charges incurred by the Sponsor against the advance. c. Reimbursement Procedures For Sponsor to Pay Back Corporation. All reimbursements made by the Sponsor to the Corporation - i.e., monthly reimbursements and close-out payments for any amounts remaining due -- shall be paid through www.pay.gov. Within 45 days after the end of the project (whether by termination or by expiration of this Agreement), the Corporation shall provide a final accounting of member allowance expenditures, together with a final invoice for any amount remaining due, pursuant to the Sponsor'f - 9 - rt...acs cost -share Agreement. Payment of any invoice described above is due within 30 days of the date of the invoice. d. Interest and Penalties For Non -Reimbursement And Delinquencies. The parties to this Agreement understand that the reimbursement amounts that the Sponsor owes the Corporation, as set forth in the invoices, discussed above in parts b. and c., are considered debts under Federal law and applicable regulations. As a federal agency, the Corporation must comply with the Debt Collection Improvement Act of 1986, 31 U.S.C. chapter 37 (DCIA), the Corporation's Claims Collection Regulations at 45 CFR Part 2506, and the Federal Claims Collections Standards (FCCS) (4 CFR Part II.). Accordingly, the Corporation is required to try to collect all debts that it is owed. Such debts include any and all reimbursement amounts that the Sponsor owes the Corporation. The Sponsor is required to pay the Corporation the full reimbursement amount set forth on each invoice, by the date specified on the invoice. Any reimbursement amount unpaid by the Sponsor to the Corporation by the date specified on the invoice becomes a delinquent debt. A debt becomes delinquent the day after the date specified on the invoice for the frill reimbursement amount. The parties to this Agreement understand that to the extent that the reimbursement amount that the Sponsor owes the Corporation, as set forth on the invoice, becomes delinquent, the Sponsor is subject to interest on that delinquent debt in accordance with the DCIA at 31 U.S.C. § 3717. To the extent the Sponsor's debt remains delinquent for more than 30 days, the Corporation shall initiate action to collect such debt with interest. In addition, in instances where the Sponsor has such debt that remains delinquent for more than 90 days, the Corporation shall also initiate action to collect administrative costs and penalties. Debt collection may include referral to the U. S. Department of the Treasury, Debt Management Services. The debt may also be collected by the Internal Revenue Service through the U.S. Department of the Treasury Offset Program (TOP). 15. Increases in AmeriCorps*VISTA Payment Amounts During the Term of This Agreement The parties to this Agreement are cognizant of the likelihood of future area -based "cost -of -living" increases t subsistence allowances, to which AmeriCorps*VISTA members would be entitled, in the course of their service at the Sponsor. The parties specifically intend that their respective obligations to pay, or reimburse amounts paid to, AmeriCorps"VISTA members shall reflect and be adjusted to account for such general increases, in accordance with the Act and the Corporation's regulations and procedures. -10- rptnucs FROM COST SHARE AGREEMENT OFFICIAL SIGNATURE SHEET In witness whereof, 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. (The Sponsor and Corporation for National and Community Service staff must sign the Memorandum of Agreement even though single signatures only are required for grant agreements.) Sponsor Corporation for National and Community Service By: Name: Title: Date: (sponsor signature) Dorcas Perez City of Miami Address: City of Miami City of Miami Off. of Grants Adrnin. 444 NW 2nd Ave., 5th Floor Miami, FL 33130 Phone: By: Name: Title: Date: (CNCSsignature) Suzanne Richards State Program Director Corporation for National and Community Service Address: Florida State Office 3165 McCrory St Suite 115 Orlando, FL 32803-3771 Phone: 407-648-6117 x5 (Executive Officer signature) Name: Suzanne Proctor Title: Executive Officer Date: Corporation for National and Community Servic Address: 1201 New York Ave. NW Room 9303 Washington DC 20525 Phone: 202-606-6819 By: -11- rpt rrn cs