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07-580, Council File # b 7-5 Green Sheet # 3041056 Presented By �soLtrriov CITY OF SALNT PAUL, VII_\TNESOTA �y WHEREAS, the City of Saint Paul has received a�ant from the Corporarion for National and Community Service to provide up to twenty AmeriCorps'�VISTA members for the City of Saint Paul VISTA program; and WHEREAS, the Corporation for National and Community Service supplements efforts of local sponsoring organizations to work on clearly defined tasks which address issues of poverty; and 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, the primary objective of the City of Saint Paul VISTA program is to close the educational achievement gap between populations in Saint Paul through a comprehensive approach, including supporting early childhood programs, during and out of school learning opportunities, and college and workforce prepazedness; and WHEREAS, the Corporation for National and Community Service's grant award of �238,100 begins on June 24, 2007; now, therefore, be it RESOLVED, that the City Council accepts this grant and authorizes the City of Saint Paul to enter into the grant agreement with the Corporarion for National and Community Service. Requested byDepar[mentof: f �,'lr 5 B� Foxm Approved By: Forsn Approved 63a yor for Submission m Counal By: � l.,c ��Direct� Fi� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ��'S� � M� - Mayots Office : Contact Perso� & Pho�: � Jessica Ayers Bean ! 266-8581 Doc. Type: RESOLUTION W/$ TRANSAC EDOCUment Required: N Document Cofrtact: CoMact Phone: 2o-�uN-o� y Assign Number For Routing Order Total # oi Signature Pages, (Clip Atl Locations for Signature) Green Sheet NO: 3041056 0 �Mavw's office ` I 1 Mavor'sOflice DepaztmentDeector ' ; 2 IF'wancial Services bffice Financial Services���2 Z. , 3 'City AttorneY � . 4 �l4tavor's OtCice MaYOrlASSista¢t � '� 5 wncil City Council I 6 i Clerk Ci Clerk � i Council Resolufion approving a grant to Saint Paul from The Corporation for NaUOnal and Communiry Service to provide up to twenry AmeriCocps*VISTA members for the City of Saint Paal VISTA program. itlations: npprove (A) or rt Planning Commission CIB Committee Civil Service Commission 1. Has this person/firm ever worked under a contract for this departmenY? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any current city employee? Yes No E�cplain all yes answers on separate sheet antl attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): None. Ativantages If Approved: The primaty objective of the City of Saint Paul VISTA program is to close the educational achievement gap between populations in Saint Paul through a comprehensive approach, including eazly childhood programs, during and out of school learning opportunities and college and workforce preparedness. Disativantages If Approved: Disativantages If Not Approved: �� �������""� $238,100 Trensaction: Fund�ny source: Grant from NaGonal and Financial Information: COtllrtlullity ServIC2 (Explain) Activity Number: GL 050 30114 CosURevenue Budgeted: Y June 20, 2007 2:24 PM Page 1 EFICOqq, r s, �X � � i -, ,�. CORPORATION FOR NATIONAL AND COMMUNITY SERVICE AmeriCorps�VISTA Project N�ber: 07VSi�T1vLV010 MEMORANDUM OF ACREEMENT between Crty of St Paul 390 Ciry HaIl 15 W KeIlogg Ave St Paul, MN 55 1 02-1 63 5 EI1V: 416005521 DIJNS N�unber: 961663390 and Corparation for National and Connnmmity Service Mmnesota State Office 431 South 7th St Room 2405 Mn�ueapolis, MN 55415-1821 Piusuantto Trtle I, Pub.L. 93-113, the Domestic Vohurteer Service Act of 1973, as amended, 87 Stat. 394 hereroa&er, the "AcY' C�7-S 60 This Memorandiun of Agreev�nt, hereina$er referred to as "the Agreement", between the two above-captioned parties: 1) Corporation for National and Coinnnwity Service, heremaffer refened to as the "Corporarion'; and 2) City of St Paul, hereina$er referred to as the "Sponsor", sets forth the parties' understandmg concernmg the establisliment and operation ofa local project imder the AmeriCorps�VISTA program, pwsuant to Title I, Part A ofthe Do�stic Volunteer Service Act, as amended, (42 U.S.C. 4951 et seq.), heremafter referred to as "the Act". The prnnaiy pwpose of this agree�nt is for the Corporarion to provide the Sponsor with up to twenty (20) AmeriCorps'� VISTA �mbers to perform vohmteer service to strengthen and supplement efforts to elm�mate poverty and poverty-related hwnau, social, and envffonn�ntal problems as specified 'm the Project Appfication. The Proj ect Application is mcorporated m tUis Agreement by reference. The Agreement provides for the assignment ofup to twerriy (20) A�riCorps�VISTA members(s) supported bythe Corporation. I. GENERAL PROVISIONS 1. Durafion of'I7�is Agreement This Agreexs�nt is for one year, and shaIl beco� effective on the date of 06/24/2007 after e�cution of � 7 �'o this Agreeme�. The date ofexecution ofthis a�ee�nt is the date tUat the m�al siLnatory for erther parry signs and dates t�is Agree�nt. This Agtee�nt is subject to performance ofthe terms as set forth m tbis A�ee�nt, below m Part II. Activrty on the project shall be dee�d to have b bam on 06/24/2007 and shaIl end thereaffer on 07/OS/2008, w�less tern�zted sooner by erther or both ofthe pames. 2. Governor Approval Before Assignment of VISTA Membeis to Sponsor a) No A�riCorps*VISTA a�mber shaIl be assigned to any duries cvrth the Sponsor unless both ofthe below condrtions aze satisfied: ) at ]east 45 days ]�ave lapsed smce the appropriate Corporation State Office submrtted the Sponsor's program or project description to the Governor of Mi�nesota, or other chief exec�rtive o�cer of State (hereroaffer referred to as "Govemor'�; and u) the Governor has not, wrthui 45 days ofthe Corporation State Office's submission ofthe Sponsor's program or project description to the Govemor, notified the Corporation that the Govemor disapproves of such program or project. b) Withm five days ofthe appropriate Corporation State Office's submission ofthe Sponsor's program or project description to the Governor, the Office shall notify the Sponsor that rts progam or project description was submitted to the Governor and the date of said submission. 3. Status of VISTA Members Du►ing Service a) A�riCoips�`VISTA �mbers are e}igble for aIl benefits and coverages provided to themunder the Domestic Vohmteer Service Act of 1973 (the Act), ut�hidv� the 'Sncome disregard" provisions as set forth at 42 U.S.C. § 5044 ofthe Act; the Federal Employees Compensation Act (FECA); and the Federal Tort Clam�s Act (FTCA). b) AnreriCorps*VISTA �mbers shaIl not be considezed employees ofthe Sponsor. AmeriCorps*VISTA members aze deemed employees of the federal government only for those lunrted p�poses identified at 42 U.S.C. § 5055 ofthe Act. II. RESPONSIBILI'ITES OF TF� PAR'I'IES 1. Co�pOration Responsibilities. The Corporation w�L a. Assign AmeriCorps*VISTA members to the Sponsor, and at the discretion ofthe Corporation, assign replace�nts for any AmeriCorps=rVISTA members who resign, h�ansfer to other projects or are tenx�ated. b. Provide technical assistance to the Sponsor in planun�g, developv�rn, and �lementation ofthe project. a 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 m-processing and pre-service orie�ation at AmeriCorps'� VISTA program 2 - rpt_rm D�-��o ea�ense, and may provide assistauce or s�port for m service lramma of VISTA u�mbers. f Subject to the ava�lab�7rty offimds, conduct trai�mg for the Sponsor's Aa�riCorps"VISTA supervisor(s), and pay such costs associated wrth such tramvg g. Provide a relocation aIlowance, as appropriate, for A�riCorps"VISTA �mbers having to relocate m ozderto serve. h Provide A�riCorps*VISTA members with subsistence allowances m accordance with the AmeriCorps'�VISTApolicies and proced�es. i EnroIl A�riCoips*VISTA members m the A�riCorps Health Benefits Program j. Provide a ck�ld caze subsidy for clvldren ofA�riCorps*VISTA members that qualify for the benefit in order for such AmeriCorps'� VISTA members to pazticipate m the AmeriCorps�`VISTA prog�•am. k. Enroll AmeriCorps*VISTA �mbers, who so request, m the A�riCorps*VISTA life insurance pro�am L Periodically review and assist the Sponsor's use ofAmeriCorps*VISTA members to aclueve the objectives and perForm the task(s) spec�ed 'm the Project Narrative. , m Promptly respond to written requests by the Sponsor to renx�ve any AmeriCorps�VISTA member from the project m accordance with the Corporation's po]icies and procedures. n. Provide the Sponsor tusrely mformation conceming applicable Corporation and AmeriCorps* VISTA regulations, poficies and procedures. o. Provide to AmeriCorps*VISTA candidate and members mformation regard'mg vohmteer discrmvuation complamt procedures, and grievance procedures, as provided m federal ]aw, applicable regulations at 45 CFR Part 1211, and the A�riCorps*VISTA Member Handbook. p. Provide education awazds through the National Seivice Trus� m the amoimt of$4,725 per �mber, for those not selectmg the end-of-year stipend paymeirt. 2. Sponsor Obligations. The Sponsor w�: a. As vnrtually agreed with the Corporation, assist in the recrurta�nt ofapplicants to become AmeriCorps*VISTA members. b. Arrange and be responsible for provid'mg m-depth on-site orientation and trammg far all ntcoming Ar�riCorps�VISTA members at the begai�g of thea service. c. Assist m the provision ofpre-service, eazly service, and m-sezvice trammg, as specified ra the Project - 3 - rpt_ma o �-s 80 Narrative. d. Operate the project m accordance wrth the provisions ofthe Act, applicable pro�ampolicies and regiilarions, and other Federal laws, r awl�tions, and policies which are, or beco�, appficable to the pro�m. e. Operate the project m accordance wrth the project appfication, mchidmg the budb t that states the Sponsor's reffnbiuse�nt to the Corporatifln far the subsistsnce aIlowances of aIl Av�riCorps'� VISTA �mbers assigned to the Sponsor who are subject to cost-sbare. £ Engage m best efforts to accomplish the goals and objectives set oirt for the A�riCorps'�VISTA �mbers m the Project Nanative, and co�ly with the Assurances nictuded witl� the Project Applicarion (Narrative). g. Provide on-the-job t�ansportafion and other project support as specified 'm the Project Narrative and paragzaph 4("3omt Respons�b�ities'� ofthis Part ofthe Agree�irt. h Supervise the A�riCorps'�VISTA �mbers as descnbed 'm the Project Narrative and paragraph 4 ('7omt Respons�b�7ities" ofthis Part ofthe Agee�nt). i Provide aIl AmeriCorps*VISTA members grievance rights and procediues � accordance with the Corporation's regulations at 45 CFR Part 1211, and the currently operative A�riCorps*VISTA Member Handbook. j. Mamtam such records and accounts, and make such reports and 'mvestigarions concernmg matters mvolvmg A�riCorps*VISTA xr�mbers and the project as the Corporation may reg�e. The Sponsor agrees to retam such records as the Corporafion may req�e for a period ofthree years after completion or tern�ation ofthe project, or longer �reqused for admvistrative proceed'mgs and/or litigation purposes, and to provide access to such records to the Corporation for the ptnpose oflrtigation, audit or e��ation. k. If ca�cws�stances req�rce, the Sponsor w�l advance up to $500.00 to any A�riCorps*VI5TA member m case ofany e�srergency (e.g., critical illness or death m the muxrediate fanvly) to be rem�b�sed by the Corporation when the Sponsor and AmeriCorps'�`VISTA �mber have completed and subrnRted an AmeriCorps*VISTA Payu�nt Voucher, CNS Form V-531. The Corporation w�Il not be responsible for the reunb�ssement ofthese fimds wiless the A�riCorps*VISTA Payment Voucher form is submitted to the State Progam Daector. L To the maxmnml extent practicable, consult with and use the people ofthe cox�mn�iry to be served by A�riCorps�VISTA �mbers inplanunig, developmg, and ffnplementmg the project. m Report to the appropriate Corporation State Office, withm 24 hours, the twscheduled departure of AmeriCorps"VISTA �mbers, and otherwise keep the Corporation trt�ly mformed ofLmscheduled _ 4 _ �pt_,� D7 - 56'O changes ofstatus and condmons ofAmeriCorps'�`VISTA members, such as arrests, hosprtaliration, and absence wrthoirt leave. n. Submrt Project Progess Reports wrtl�m the requQed � frawe. o. Submit on assi�nt trammg plans to the appropriate Corporation State Office at least thuty (30) days m advance ofthe proposed startiug date of such trammg. On-assi�n trammg �st occur and be completed withm the �st two to fols weeks ofan AmeriCorps*VISTA �mber's assi�n�nt to the Sponsor. p. Provide mformation to subrecipient project srtes ("subrecipients'� (see paragraph 6 oftivs Part, 'Dele�tions and Subconh�actmg'� on the condrtions ofAmeriCorps*VISTA member service and eacecute written agreements wrth subrecipients, as needed ("subrecipent agreeme2rts'�. The subrec�ient agreements are mtended to msure the Sponsor's cor�liance with the requae�nts ofthe Project Application and wikh this agreement between the Corporation and the Sponsor. Each such subrecipient agreement sha➢, at a mu�umnn, contam the foIlowmg four elements: () Statement of work. The subrecipient agreexc�nt sk�all mclude a description of the work to be performed, a schedule for completmg the work, and a budget. These items shaIl be m sufficient deta�l to provide a sotmd hasis far the sponsor to m�nitor perfornrance imder the agreement effectively. (u) Records and reports. The subrec�ient recipient shall specify m the agee�nt the particular records the subrecipient must mamta.ni and the particular reports the subrec�ient must submit in order to assist the recipiern � meetmg its recordkeepmg and reportmg requu�ements. (m) Other program requirements. The subrecipient agree�nt sl�aIl requu�e the subrecipient to cany out each activity m compliance with aIl Federal ]aws and regulations descnbed m sections 5, 7, 8, and 9 of this �morandwn ofagreemerrt. (iv) Suspension and tennination The subrecipient agree�nt shall specify tbat termmarion oftbat agreemeart may occia if the subrecipient materially fa�1s to comply with any its term q. Ensure that the Sponsor's Aix�riCorps*VISTA Supervisor(s) partic�ate(s) in AmeriCorps*VISTA supervisory orientation provided by the Corporation. r. Make every reasonable effort to ens�ae tt�at the health and safety ofAn�riCorps*VISTA members are protected dum� the perforn�ance ofthe's assigned dupes. The Sponsor shaIl not assign or requfre AmeriCorps"VISTA members to perform duries which would jeopardize their safety or cause them to sustam mjuries. s. By the effective date ofthis Agreem� � the Sponsor nnast certify tl�at it has conducted a self-evahzation of �s compliance with Section 504 ofthe Rehab�7rtation Act of 1973, mchul'mg that ik has taken aIl reasonable - 5 - �pt_ma o �-s �o measiues to ens�se that �s fic�tlies and aIl partic�atm� project srtes (ie., subrec�ie�s) are accessible to qualified persons with disab�}rties, promote rheff equal partic�ation, and do not otherwise discrm�roate agamst such persons based on disab�llly. t Retum the Sponsor Verification Form to the Corporation State Program Office wrtUm five (5) workdays ofreceipt The Sponsor �st mdicate actual depart�se date(s} of Am�riCorps* VISTA �mber(s) who leave prior to completion of service date(s). The Sponsor un�st sign and retiun the form to the Corporation State Progam Office even if no A�riCorps*VISTA �mbers lefrlleave d�mg the pay period covered by the form n. In the eveut ofa locally- and/or nationaIly- declazed disaster, and wrth dffection from the Corporation, be respons�ble for providmg AmeriCorps*VISTA �mbers opporhmrties to partic�ate m local and/or national e�rgency disaster refiefefforts ifneeded. AllAmeriCorps*VISTA Programpolicies, terms and condirions remam m effect and benefits and protections afforded and provided to Ax�riCorps* VISTA members and Sponsors shaIl covfiuue wb�le on special disaster refief assigmnent as ifthe A�riCorps�VISTA m�mbers aze m lradrtional service at the oiign�a lly assigned sike. v. Allow AmeriCorps*VISTA members to participate m Days ofService, e.g., Martin Luther Kmg, Jr. Holiday, National Vohmteer Week, should activrties be orgauized m the coirninmities where the �mbers are m service. w. Ensure that persons selected as Ar�riCorps*VISTA members to serve at the Sponsor are not related by blood or marriage to project sta� sponsor sta� officers or �mbers of the sponsor's Board of Daectors, orresponsible Carporationprogramstaff 3. Joint Responsibilities a. Sponsor has prnnary responsibility for recruitmg AmeriCorps�VISTA mernbers wrth support from the Corporation. b. The Sponsor and the Corporation w�Il cooperate together in aIl in-service iravuigs, m accardance with all applicable Corporation policies. 4. Nondiscrimination a. General Prolribition No person with respons�bilrties in the operation ofthe project shall discrm�u�ate against any AureriCorps'�`VISTA �mber, or member ofthe staffo� or beneficiary ofthe project, with respect to any aspect ofthe project on the basis ofrace, religion, color, national oxigm, se� sea�aal orientation, age, disabi7iry, political affiliation, m�iita.l or parental status, or m�7itary service. b. Segual Harassment Seactaal harassmeut is a form ofdiscrni�ation based on sex, wluch is prolvbited as addressed d'aecfly above. As the recipieut of federal fmancial assistance from the Corporation, the Sponsor is responsible for violations of the prolubition agamst sexiaal barassment and for takn�g correclive action and/or disciplmary _ 6 _ �PC_,re D�-Sb'a action if violations occis. Such sexi3al barassu�nt violations mch�de: (1) Acts of "quid pro quo" sexual barass�nt where a supervisor demands sexual favors for service benefrts, re�rdless ofwhether the sponsor, rts agents or supervisory employees shouid have l�own ofthe acts. (2) Unwelco� sez�aal advances, requests for seYUal favors and other verbal or physical conduct of sexi�al nat�se wluch l�ave the pinpose or effect of creatma an aum�ida.tmg, host�7e or offensive service envffomnent. (3) Acts ofsexualharass�nt tAwazd feIlow A�riCorps"VISTA �mbers or non employees, where the sponsor/grantee, its agent or its supervisory employees knew or should l�ave known ofthe conduct, imless it took u�diate and appropriate corrective action. 5. Delegation and Subcontracting The Sponsor is prolvbited from delegatmg or assiguuig any of its obligations or duries comamed in tt�is Agree�nt, wrth the exception of delegation or assignment to subrecipient project sites. AmeriCorps*VISTA �mbers may be assigned by the Sponsor to perform duties wrth other public or private non-profit agencies or organizations ('project srtes'� as descnbed 'm the Project Narrative and 'm accordance with wrrtten subrecipient agreements. 6. Supplemental Payments Prolribited Monetary subsistence allowances provided to A�riCorps*VISTA �srembers are designed to permrt A�riCorps*VISTA x�mbers to live at or below the economic level ofthe persons served, as requffed by ]aw. Sponsor is strictly prolubited from supple�utmg these aIlowances and imast ass�e tUat others, such as any participatmg subrecipient project sites, do not do so. 7. Prolribitions of Use of Corpora&on Assistance By Sponsor The Sponsor agrees tBat no AmeriCorps*VISTA �mber assigied under this agreement sl�allparticipate m or &mds from the Corporarion nsed 'm, the following activities when they would result m the identification of suchprog�ai� with: a. Partisan and non-partisan polrtical acrivities, mclud'nig voter registration. b. Dffect or mdaect attempts to n�fli.ience passage or defeat oflegislation or proposa7s by mil�ative petirion. c. I.abor or anti-labor organiza.tion or related activrties. d. Religious mstruction, worship services, prose�tion, or any other religious aciivity as an official part of thea dwies. 8. The Sponsor further agrees not to: a. Carry out projects resultiug m the identification of such projects with partisan or non-partisan political activ�ies, mcludvg voter registration activrties, or providmg voter transportation to the polls. - 7 - rpt_ma 07-58a b. Assi� AmeriCozps'�`VISTA members to activrties tt�at would result m the l�sn�g of or result m the displace�� of employed workers, or m�pan exist¢� co�acts for service. c. Accept orpermrt the acceptance ofcompensation fromA�riCorps�VISTA u�embers or from beneficiaries for the services ofAmeriCorps�`VISTA �mbers. d. Approve the mvolve�nt ofany A�riCorps�VISTA members assigned to it m pla�, mitiatina, paracipaling m, or otherwise aidmg or assistmg m any demonstration whatsoever. 9. Amendments This Memorandum of Agreement may be a�nded at any tune, m writing, executed by authorized representatives ofthe Sponsor, and the appropriate Corporation State D'sector and the appropriate CorporationE�cWive Officer. Inadditionallparties agree tu amend this Agree�nt as requu�ed by paragraph 16. ofthis Part, 'Zncreases m A�riCorps*VISTA Members Allowances Dium� T1vs Agreement." 10. Severability If any provision of t}vs Agree�nt is construed as illegal or mvalid, this w�Il not affect the ]egality or validity ofany ofthe other provisions contamed 'm this Agreement. The illegal or mvalid provision w�Il be deer�d stricken and deleted from the Agreement to the same extent and affect as if rt never e7cisted, but all other provisions w�ll contnnie m effect 11. Notices All notices and coimrnmications reguued to be given to the Corporation by the Sponsor, except as specifically provided in paragraph 15, sY�aIl be dsected to Jaune Revner, the Corporation State Progam Specialist at the State Program Office Address provided below. AIl notices to be given to the Sponsor by the Corporation shall be du�ected to Jessica Ayers-Bean at: 390 City HaIl 15 W KeIlogg Ave St Paul, MN 55102-1635. In the event that any of the parties or addresses named m the above paragraph change, written notice to all other parties �st be provided 'uxm�diately. Such wi�tten notice should 'mclude the Agree�nt mm�ber and Sponsor EIN. 12. Terminafion, Suspension OrNon-Renewal The Sponsor or the Corporation may termmate, suspend, or decline to renew this Agreemeut at any tmle by givn�g tt�sty (30) days notice m writmg to the other ofrts mteut. In addition, the Corporation may termn�ate, suspend, or declme to renew this Agreess�nt m accordance with appficable teru�s and procedures set forth at45CFRPart1206or42 U.S.C.§4953(g). 13. Order of Precedence In the evetrt of mconsistencies or con8i�ts between the Project Narrative and the Agreext�nt, ttvs Agree�nt - 8 - rpt_ma G�7 S So shaIl govem 14. Increases in AmeriCorpsxVISTA Payment Amounts During the Term of'I'his Agreement "I'he parties to this Agreeu� aze co of ihe }keLhood of fi�hse azea-based "cost-of-livmb" mcreases to subsistence aIlowances, to which AmeriCorps"VISTA u�mbeis would be entdled, m the coiase oftheir service at the Sponsor. The parties specificaIly mtend that theu� respective obligations to pay, or reanburse amoimts paid to, A�riCorps'�VTSTA members shaIlreflect and be adjusted to accotmt for such general mcreases, m accordance w�h the Act and the Corporation's regulations and procedises. In wihiess whereo� the parties whose signabnes appear below attest to havmg the authoriry to enter mto this A�ee�nt and agree ttaat this Ageess�nt w�ll beco� effective on the aforementioned date. (The Sponsor and Corporation for National and Conn�4y Service staffmust sign the Memorandiun of A�ee�nt even though smgle signatiues only aze requfred for grarn agree�nts.) OFFICIAL SIGNATURE SHEET The pariies whose signat�es appeaz below attest to ]�avmg the authorily to enter mto flvs Ageemem and agree tt�at flvs Agrees�nt will become effective on the afore�ntioned date. Sponsor By: � (sponsor sigpahve) Name: Christopher Coleman Title: Mayor Date: � LL (? � Corporafion for National and Community Service By: Name: Title: Date: Address: City of St Paul 390 CiryHaIl 15 W KeIlogg Ave St Paul, MN 55102-1635 Phone: (651)266-8516 " �� (Sbte Daector siguatiue) Robert Jackson State Office Program Da S�� � s � C� `�- Address: Mmnesoh State Office 431 South 7th St Room 2405 Mnn�eapolis, MN 55415-1821 Phone: 612-334-4083 - 9 - rpt_ma