Americorps VISTA Memorandum of AgreementMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Memorandum of Understanding regarding Sustainability VISTA
DATE: January 27, 2010
Dubuque
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An- AmedcaCiry
I
2007
Sustainability Coordinator Cori Burbach recommends City Council approval of a
Memorandum of Agreement with the Iowa Commission on Volunteer Services to place
a full -time AmeriCorps VISTA in the Sustainability office from November 2009 through
November 2010.
concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Cori Burbach, Sustainability Coordinator
Michael C. Van Milligen
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Cori Burbach, Sustainability Coordinator
SUBJECT: Memorandum of Understanding re: Sustainability VISTA
DATE: January 27, 2010
Dubuque
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AI4iwuc d
2007
INTRODUCTION
The purpose of this memorandum is to request your signature on the attached Memorandum
of Agreement with the Iowa Commission on Volunteer Service. The Memorandum pertains
to the full -time Sustainability Americorps VISTA the City was able to obtain through an ICVS
grant.
BACKGROUND
In October, the City was informed that they would be able to hire a full -time VISTA for one
year to assist in the Sustainability Office. Michelle Balek was hired and began work for the
City in November 2009.
DISCUSSION
The duties of the VISTA position include assisting the Sustainability Coordinator in the
development and implementation of sustainability plans for the internal City of Dubuque
organization and larger Dubuque community. The VISTA will be responsible for developing
community outreach, assisting in the management of the Growing Sustainable Communities
Conference, assisting in the Smarter City project, and coordinating volunteer recruitment and
retention programs. The position will work with the Sustainability Coordinator and Dubuque
2.0 to achieve these goals, and will focus on sustainability outreach to low- income, minority,
and youth populations.
The City will be responsible for the daily oversight of the VISTA, providing training and
professional development opportunities, and submitting monthly progress reports.
RECOMMENDATION:
Staff recommends your signature of the Memorandum of Agreement with the Iowa
Commission on Volunteer Service to place a full -time VISTA in the Sustainability Office from
November 2009 - November 2010.
cc: Cindy Steinhauser, Assistant City Manager
Iowa Commission on Volunteer Service
AmeriCorps* VISTA Memorandum of Agreement
This agreement entered into between
1. the Iowa Commission on Volunteer Service (the ICVS) and
2. the City of Dubuque (the Operating Site)
covers the placement of one (1) AmeriCorps *VISTA member(s) who will serve from Nov. 21, 2009
(start date) to Nov. 20, 2010 (end date).
This document aims to lay out the responsibilities and expectations for each party, but should not be
considered an exhaustive list. The following is understood and agreed to by the parties:
1. General Provisions.
A. Statement of Purpose /Work: Develop a project plan to create a sustainable and green
community in Dubuque. Work with community partners to implement sustainability efforts that
improve community health, vitality, economic stability, and environmental friendliness.
B. Duration: This Agreement is for one year, and shall become effective on the date AmeriCorps
*VISTA Member begins his /her service, after execution of this Agreement. Activity on the
project shall be considered to have begun on Nov. 21, 2009 and shall end on Nov. 20,
2010 , unless terminated sooner by either or both of the parties.
C. Budget: The Operating Site will pay a sum of $ 3,333 per AmeriCorps *VISTA member, for a
total of $ 3,333 , to cover the costs associated with AmeriCorps *VISTA service. The Operating
Site's cost -share of up to one (1) member is subject to annual review and renewal every 12
months.
D. Status of AmeriCorps *VISTA Members during Service
1) AmeriCorps *VISTA members are eligible for all benefits and coverage provided to them
under the Domestic Volunteer 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 (FECAL and the Federal Tort Claims Act (FTCA).
2) AmeriCorps *VISTA members are not considered employees of the Operating Site.
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.
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11. Commission's Role and Responsibilities. The Iowa Commission on Volunteer Service will:
A. Assist with recruiting member(s) for agency position(s).
B. Help agency to develop a Volunteer Assignment Description (VAD) that fits with the overall
project goals, as listed in the Project Application.
C. Assist in the development and implementation of the On -Site Orientation and Training (OSOT)
plan, as requested.
D. Provide a VISTA Coordinator who will oversee the entire ICVS AmeriCorps *VISTA project.
Coordinator will:
1) Provide day to day oversight of the AmeriCorps *VISTA project.
2) Serve as the contact for all questions related to the AmeriCorps *VISTA project.
3) Be the liaison between the Operating Site and Corporation for National and Community
Service (CNCS) staff.
E. Mediate with supervisors and members if any problems arise related to member attendance
and /or compliance with leave policy.
F. Provide ongoing training opportunities for AmeriCorps *VISTA member(s) and supervisor.
Subject to the availability of funds, training may be made available by:
1) Allowing AmeriCorps *VISTA member(s) and /or supervisor to participate directly in
training opportunities hosted by the ICVS.
2) Providing funding to help AmeriCorps *VISTA member(s) travel to and attend trainings
(by ICVS or other providers) related to the development of their personal and
professional goals.
3) Notifying the Operating Site of training opportunities for AmeriCorps *VISTA member(s)
and supervisor that are offered by CNCS.
G. Coordinate and submit all reporting due to CNCS.
H. Conduct site visit(s) at Operating Site.
1. Make necessary payments /reimbursements to CNCS, as required.
J. Periodically review and assist the Operating Site's use of AmeriCorps *VISTA members to achieve
the objectives and perform the task(s) specified in the Project Narrative.
K. Provide the Operating Site timely information concerning applicable ICVS, CNCS, and
AmeriCorps *VISTA regulations, policies and procedures. Provide technical assistance regarding
compliance with the provisions of Title I, Part A of the Domestic Volunteer Service Act [(42
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U.S.C. 4951 et seq.) hereinafter referred to as "the Act ") and any other CNCS or AmeriCorps
*VISTA regulations which become applicable to the project.
111. Operating Site's Role and Responsibilities. The operating site will:
A. Take primary responsibility to recruit member(s) to fill the available position(s). Operating site
should check with the ICVS to ensure that person(s) selected as AmeriCorps *VISTA member(s)
to serve at the Operating Site are not related by blood or marriage to Operating Site staff, ICVS
staff, officers or members of the ICVS or Operating Site Board of Directors, or responsible CNCS
program staff.
B. Work with the ICVS VISTA Coordinator to compose a VAD for each member. Submit the VAD(s)
to the ICV S no later than 5 weeks before the member start date.
C. Work with the ICVS VISTA Coordinator to develop and implement an OSOT plan for each
member. This plan should be submitted to the ICVS VISTA Coordinator no later than 5 weeks
before the member start date and OSOT should be completed within the first 4 weeks of
member service.
D. Designate a site supervisor for the AmeriCorps *VISTA member(s). This supervisor will:
1) Provide day to day oversight of the AmeriCorps *VISTA member(s).
2) Serve as the agency contact with the ICVS.
3) Complete the online AmeriCorps *VISTA Terms, Conditions, and Benefits tutorial prior
to the service start date.
4) Be allowed to attend any necessary supervisor training.
E. Provide AmeriCorps *VISTA members) with sufficient office space, materials, and supplies to
complete their duties, as outlined in the VAD.
F. Provide AmeriCorps *VISTA member(s) with mileage reimbursement and /or access to agency
vehicle for use in service- related travel. If members will be required to use their own personal
vehicle, they must be notified of this in advance. Mileage reimbursement and /or agency vehicle
access for AmeriCorps *VISTA member(s) should be in accordance with agency travel policy for
other employees.
G. Provide and maintain a system for tracking AmeriCorps *VISTA attendance, including the
number of sick (limit 10) and personal (limit 10) days taken. In addition, attendance policy
should:
1) Allow AmeriCorps *VISTA members to participate in Days of Service (e.g. Martin Luther
King, Jr. Holiday, September 11 Day of Service, AmeriCorps Week), should activities be
organized in the communities where the members are in service.
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2) Provide AmeriCorps *VISTA member(s) opportunities to participate in local and /or
national emergency disaster relief efforts, in the event of a locally- and /or nationally -
declared disaster, and with direction from the ICVS and CNCS. All AmeriCorps *VISTA
Program policies, terms and conditions remain in effect and benefits and protections
afforded and provided to AmeriCorps* VISTA member(s) and Operating Site shall
continue while on special disaster relief assignment as if the AmeriCorps *VISTA
member(s) are in traditional service at the originally assigned site.
H. Report to the ICVS VISTA Coordinator, within 24 hours, the unscheduled departure of
AmeriCorps *VISTA member(s), and otherwise keep the ICVS timely informed of unscheduled
changes of status and conditions of AmeriCorps *VISTA member(s) which undermine her /his
effectiveness or interfere with her /his ability to perform, such as arrests, hospitalization, and
absence without leave.
I. Provide ongoing training to the AmeriCorps *VISTA member(s), either by offering instruction
directly or by arranging for the member to attend training opportunities offered by the ICVS,
other AmeriCorps *VISTA agencies, or additional trainers. These trainings should serve to:
1) Help AmeriCorps *VISTA members) gain the skills needed to complete assigned duties.
2) Develop AmeriCorps *VISTA member(s) toward achievement of personal and
professional goals.
J. Ensure that Monthly Progress Reports and monthly Performance Measure Reports are properly
completed and filed with the ICVS by the 5 of the following month. Also complete any
additional reporting that is required by CNCS in a timely fashion, as requested by the ICVS VISTA
Coordinator. This will require:
1) Coordination with the ICVS prior to the start of service in order to ensure that plans are
in place to track required reporting items for Monthly Progress Reports.
2) Developing Performance Milestones, in conjunction with ICVS staff, that will document
progress of AmeriCorps *VISTA member(s) toward completing their VAD(s) and
achieving overall project goals.
K. Participate in site visits with ICVS VISTA coordinator and /or CNCS staff.
L. Make payments to the ICVS as requested, to total the amount agreed upon above.
M. Engage in best efforts to accomplish the goals and objectives set out for the AmeriCorps *VISTA
members in the Project Application.
N. 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.
IV. Joint Responsibilities.
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A. The Operating Site has primary responsibility for recruiting AmeriCorps *VISTA member(s) with
support from the ICVS.
B. The Operating Site and the ICVS will cooperate to provide trainings, in accordance with all
applicable CNCS policies.
C. The Operating Site and the ICVS will work together to develop reporting tools and Performance
Milestones that will highlight progress made by AmeriCorps* VISTA member(s) toward overall
Project Application goals.
V. Nondiscrimination.
A. General Prohibition: 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. The Operating Site 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 operating site, 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 operating site, its agent or its supervisory employees knew or
should have known of the conduct, unless it took immediate and appropriate corrective
action.
C. By the start date of this Agreement, the Operating Site should conduct a self - evaluation of its
compliance with Section 504 of the Rehabilitation Act of 1973, including that it has taken all
reasonable measures to ensure that its facilities are accessible to qualified persons with
disabilities, promote their equal participation, and do not otherwise discriminate against such
persons based on disability.
VI. Delegating and Subcontracting. The Operating Site is prohibited from delegating or assigning any of
its obligations or duties contained in this Agreement.
VII. 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. The Operating Site is strictly prohibited from
5
supplementing these allowances with additional monetary payments directly to AmeriCorps* VISTA
members and must assure that others do not do so.
VIII. Prohibitions.
A. The Operating Site agrees that no AmeriCorps *VISTA member assigned under this agreement
shall participate in, or funds from the Corporation or ICVS be used in, the following activities
when they would result in the identification of such programs with:
1) Partisan and non - partisan political activities, including voter registration.
2) Direct or indirect attempts to influence passage or defeat of legislation or proposals by
initiative petition.
3) Labor or anti -labor organization or related activities.
4) Religious instruction, worship services, proselytization, or any other religious activity as
an official part of their duties.
B. The Operating Site further agrees not to:
1) 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.
2) 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.
3) Accept or permit the acceptance of compensation from AmeriCorps *VISTA members or
from beneficiaries for the services of AmeriCorps *VISTA members.
4) 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.
IX. Amendments. This Memorandum of Agreement may be amended at any time, in writing, executed
by authorized representatives of the Operating Site and the ICVS Executive Director.
X. Termination, Suspension, or Non - Renewal.
A. The Operating Site or the ICVS 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.
B. Termination, suspension, or non - renewal of this agreement may also occur, with written notice,
if the Operating Site materially fails to comply with any its terms.
C. If the Service Site is not satisfied with the AmeriCorps* VISTA member performance, the Site
may request in writing that the member be removed from this placement, in accordance with
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Program policies and procedures, by indicating and documenting the reasons for such a
removal. The ICVS will then work with CNCS in response to this request.
XI. Communication.
A. All notices and communications required to be given to the ICVS by the Operating Site, unless
otherwise specified, should be directed to Jamie Nagel , the ICVS VISTA Coordinator at the
following address:
200 East Grand Avenue, Des Moines, IA 50309
jamie .nagel @iowalifechanging.com
B. All notices to be given to the Operating Site by the ICVS shall be directed to Cori Burbach , the
site supervisor, at the following address:
50 W. 13 St., Dubuque, IA 52001
cburbach@cityofduboue.org
C. Both parties agree to inform the other of any changes in the names or addresses above.
XII. Signatures.
Operating Site Iowa Commission on Volunteer Service
By: B
(Signature) (Signature)
Name: Michel el f /t'i'i-al zot__ Name: Adam Lounsbury
Title: 6 i(,,l r Title: Executive Director
Date: 06/ it) Date:
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