Loading...
HomeMy WebLinkAboutContract CAG-19-262 Memorandum of Understanding(MOU)Between the City of Renton,Washington Renton Housing Authority This Memorandum of Understanding(MOU)establishes a collaborative partnership between the above entities from August 5,2°19,through August 5, 2020,for the Renton Community Development& Education VISTA Project(Renton AmeriCorps VISTA Project). This document defines the responsibilities of the City of Renton,Washington("Renton"), as the Project Sponsor and the Renton Housing Authority as the Project Host Site with respect to the assignment of up to one AmeriCorps VISTA member to perform services as a workforce development and healthcare resource volunteer for the Sunset Area Transformation Plan.Community needs and project-related tasks and performance measures are outlined in the Renton AmeriCorps VISTA Project application and the volunteer activity description approved by CNCS for the Project Host Site's AmeriCorps VISTA member.The obligations of the parties hereto are subject to and governed by the terms and conditions of the Memorandum of Agreement between the Corporation for National& Community Service(CNCS)and Renton,CNCS Project Number 19VS216675(the"Memorandum of Agreement"),which is incorporated herein by reference,and federal laws and regulations and CNCS policies applicable to the project,or which may become applicable to it subsequent to the execution of this MOU. 1. As the Project Sponsor, Renton will: a. Serve as the Fiscal Agent and overall administrator for the grant and provide overall supervision of the grant, provide assistance to the Project Host Site and VISTA member in support of grant implementation,and be the liaison between Project Host Site, VISTA member and CNCS. b. Comply with the provisions of the Memorandum of Agreement. c. Assign VISTA placements(as specified on page 1,paragraph 2)to the Project Host Site for the duration of this Memorandum of Understanding subject to the availability of funding and recruitment/training deadlines for VISTA Pre-Service Orientation(PSO)set forth by the CNCS. d. Assist the Project Host Site with the development of VISTA member work plans and assignment descriptions. Provide final approval of all VISTA work plans and assignment descriptions prior to VISTA candidates attending Pre-Service Orientation and beginning their term of VISTA service. e. Assist with the recruitment,screening, interviewing,and selection of VISTA candidates when requested by the Project Host Site. f. Transfer VISTA member(s)from one placement to another to comply with terms and provisions of the grant or upon the request of the VISTA member with the approval of CNCS. In this scenario, Project Host Site will be given 14 days'notice. 1 2. The Project Host Site will: a. Ensure that all VISTA resources are used to carry out the VISTA project in conformity with all applicable CNCS laws,regulations, policies, procedures,program guidance and the Memorandum of Agreement provisions. b. Have financial responsibility to CNCS for the inappropriate use of all VISTA resources by the Project Host Site. c. Provide a Site Supervisor to provide day-to-day supervision of the activities of and support for the VISTA member. d. Recruit,screen, interview,select,and submit VISTA candidates to the Project Sponsor for approval and placement at PSO.The Project Sponsor will assist with candidate recruitment and selection upon request.VISTA candidate applications must be submitted to Renton for approval by Renton's recruitment deadline,which is one week before the CNCS deadline.Final approval for all VISTA candidates to attend P50 is subject to review and selection by the Washington state CNCS office. e. Submit a VISTA work plan for approval prior to the VISTA member's start date. f. Submit a proposed budget detailing member mileage reimbursement, professional development,the project participation fee,and in-kind assistance. g. Provide the VISTA member individualized On-Site Orientation and Training at the beginning of their term of service. h. Use the approved VISTA work plan as the source of tasks and responsibilities for the VISTA member to empower the capacity building activities of the member. i. Ensure that VISTA members dedicate an average of 4o hours per week to their approved VISTA work plans and member descriptions to address the community needs identified in the approved Project Sponsor Application. Renton will track VISTA member's personal and sick leave on a monthly basis on the VISTA Leave Report Form. Project Host Site should use their existing policies and procedures to account for a VISTA member's actual work schedule and hours served. j. Schedule regular meetings(preferably weekly)with the VISTA member to discuss the project and other concerns. k. Provide adequate working space,materials,supplies,and access to a phone and computer to permit the VISTA member to perform his/her assigned duties. I. Ensure that the VISTA member is reimbursed for all local travel associated with the project. Mileage reimbursement should be done in accordance with the Project Host Site's existing policies and procedures.Ensure the Form V-81 is completed in My AmeriCorps. m. Allow the VISTA member to participate in scheduled professional development and training opportunities,site visits, and conference calls.It is recommended that Project Host Site budget$75o in professional development and training funds for their VISTA member.The VISTA member will be required to attend a training identified by Renton for the purposes of completing In-Service Training(1ST)requirements as set forth by CNCS. 2 n. Allow the VISTA member to participate in disaster relief/emergency response efforts as directed by CNCS. o. Allow the VISTA member to participate in Days of Service(e.g., MLK Day of Service, National Volunteer Week, Make A Difference Day)should activities be organized by Renton or in the community where the VISTA member is serving. p. Inform Renton of any changes in status of the VISTA and other concerns related to the VISTA Project. q. The Project Host Site agrees to provide project updates via quarterly Project Progress Reports(PPR)with VISTA member input. Updates are due according to the following schedule: Reporting Periods and Due Dates July i through September 3o October 3.5 October i through December 32 January 3.5 January i through March 32 April 3.5 April i through June 3o July 3.5 r. Maintain records,which properly reflect all work undertaken under this MOU and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this MOU. The Project Host Site agrees to provide access to and copies of any records related to this MOU as required by the Project Sponsor to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this MOU. s. To the full extent the Project Sponsor determines necessary to comply with the Washington State Public Records Act, make a due diligent search of all records in its possession or control relating to this MOU, including, but not limited to, e-mail, correspondence,notes,saved telephone messages,recordings,photos,or drawings and provide them to the Project Sponsor for production. In the event Project Host Site believes said records need to be protected from disclosure,it may,at Project Host Site's own expense, seek judicial protection. Project Host Site shall indemnify, defend, and hold harmless the Project Sponsor for all costs, including attorneys'fees, attendant to any claim or litigation related to a Public Records Act request for which Project Host Site has responsive records and for which Project Host Site Host has withheld records or information contained therein,or not provided them to the Project Host Site in a timely manner.Project Host Site shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner,unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this MOU. 3 t. Release, indemnify,defend,and hold harmless the Project Sponsor, its elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney's or attorneys'fees,costs,and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Project Host Site in its performance of this MOU ora breach of this MOU by the Project Host Site, except for that portion of the claims caused by the Project Sponsor's sole negligence. Should a court of competent jurisdiction determine that this MOU is subject to RCW 4.24.125, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate...) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Project Host Site and the Project Sponsor, its officers, officials, employees and volunteers, Project Host Site's liability shall be only to the extent of Project Host Site's negligence. It is further specifically and expressly understood that the indemnification provided in this MOU constitute the Project Host Site's waiver of immunity under the Industrial Insurance Act, RCW Title 51,solely for the purposes of this indemnification.The parties have mutually negotiated and agreed to this waiver.The provisions of this section shall survive the expiration or termination of this MOU. u. Not give a gift of any kind to Project Sponsor employees or officials. Project Host Site also confirms that it does not have a business interest or a close family relationship with any Project Sponsor officer or employee who was, is, or will be involved in selecting the Project Host Site, negotiating or administering this MOU, or evaluating the Project Host Site's performance under this MOU. v. Require each VISTA member to hold a valid driver's license for the term of this MOU,and provide to Project Sponsor a current driving record abstract for each VISTA member prior commencement of the project. The driving record abstract should provide a history for the past five years; if the driver has been licensed for fewer than five years, the driving record abstract should provide a complete driving history. w. Secure and maintain commercial general liability insurance in the minimum amounts of $i,000,000 for each occurrence/$2,o00,00o aggregate for the term of this MOU. Deliver to Project Sponsor prior to commencement of the project a certificate of insurance showing proof of insurance. x. Name the City of Renton as an Additional Insured on its commercial general liability policy on a non-contributory primary basis.Renton's insurance policies shall not be a source for payment of any of Project Host Site's liability, nor shall the maintenance of any insurance required by this MOU be construed to limit the liability of Project Host 4 Site to the coverage provided by such insurance or otherwise limit Renton's recourse to any remedy available at law or in equity. y. As allowed by the Memorandum of Agreement,pay to the City a cost share of the VISTA member's living allowance within 20 days of receipt of an invoice from the City for such cost sharing. The amount of Project Host Site's cost share shall be as determined by the living allowance established by CNCS. 3. Joint Responsibilities Both parties to the Memorandum of Understanding shall: a. Verify that persons selected as VISTA members are not related by blood or marriage to Project Host Site staff, Project Sponsor staff,officers or members of the Project Host Site's or the Project Sponsor Site's boards of directors,or responsible program staff at CNCS. b. Neither the Project Sponsor nor the Project Host Site has the discretion or authority to dismiss or separate a VISTA member from service;CNCS is the sole authority that can terminate a VISTA member's term of service.The Project Host Site should document any performance or behavior issues and immediately report them to Renton. Renton will report such incidences to the state CNCS office and resolve them in accordance with rules governing the grant.This is necessary to provide VISTA members due process. Nothing in the foregoing shall be construed to limit the Project Sponsor's nor the Project Host Site's right to take action if circumstances call for the immediate temporary relocation of a VISTA member. 4. Non-Discrimination&Sexual Harassment a. No person with responsibilities in the operation of the project shall discriminate against any VISTA member, 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 or preference,age(except minimum age and retirement provisions), disability,political affiliation, marital or parental status, military service,creed,or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification. b. Sexual harassment is a form of discrimination based on sex,which is prohibited as addressed directly above.As a recipient of federal financial assistance from CNCS,the Project Sponsor and Project Host Site are 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: i. Acts of"quid pro quo,"sexual harassment where a supervisor demands sexual favors for service benefits,regardless of whether the Project Sponsor or Project Host Site,their agents,or supervisory employees should have known of the acts. 5 ii. Unwelcome sexual advances, request for sexual favors and other verbal or physical conduct of a sexual nature which have the purpose or effect of creating an intimidating, hostile,or offensive service environment. iii. Acts of sexual harassment toward fellow AmeriCorps VISTA members or non- employees,where the Project Sponsor or Project Host Site,their agents,or supervisory employees knew or should have known of the conduct,unless they took immediate and appropriate corrective action. 5. The Project Host Site will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin,sex,age,sexual orientation, physical,sensory or mental handicaps, or marital status.Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer,recruitment or recruitment advertising,layoff or termination,rates of pay or other forms of compensation and selection for training. The Project Host Site is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project,which includes but is not limited to fair labor laws,worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 6. Legal Restrictions VISTA members should work to emphasize the mobilization of local human,financial,and material resources,the transference of skills to community residents,and the expansion of the capacity of the low income community to solve its own problems.VISTA members should NOT perform administrative duties except for those related to the goals and objectives identified in their work plan., The Project Host Site agrees that no VISTA member assigned under this MOU shall participate in: 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. The Project Host Site further agrees not to: e. Carry out projects(related to VISTA)resulting in the identification of such projects with partisan or non-partisan political activities, including voter registration activities or providing voters transportation to the polls. 6 f. Assign VISTA members to activities that would result in the hiring or displacement of employed workers,filling-in for absent employees or supervisors,or impairing existing contracts for services. g. Approve the involvement of any VISTA member assigned to it in planning,initiating, participating in,or otherwise siding or assisting in any demonstrations whatsoever. h. Accept,or permit the acceptance of,compensation from the VISTA members or from beneficiaries for the service of the VISTA members. 7. Modifications This Memorandum of Understanding may be amended at any time by an agreement in writing executed by authorized representatives of the Project Sponsor and Project Host Site. 8. Termination a. Renton will use the above provisions to determine continued eligibility of the Renton Housing Authority to be a Project Host Site. Failure to comply with any of the roles and responsibilities as outlined in this MOU will result in responsive and corrective action to include removal of the VISTA member placed at your site. In this case, Renton's initiative will provide 1.4 days'notice of termination of and/or VISTA removal/transfer from the project. b. Any termination of the Memorandum of Understanding between Renton as the Project Sponsor and CNCS will result in the termination of all provisions of this Memorandum of Understanding. 9. Miscellaneous Provisions a. Federal Employees'Compensation Act. Under section 41.5(b)of the Domestic Volunteer Service Act of i973,as amended(42 U.S.C.,§5055),AmeriCorps VISTA members are considered employees of the federal government for purposes of coverage under the Federal Employees'Compensation Act(FECA),which is administered by the Office of Workers'Compensation Programs(OWCP)of the U.S. Department of Labor.The Department of Labor's OWCP office is solely responsible for the adjudication of FECA claims.This means that members are eligible for certain benefits in certain situations,and eligibility is determined by OWCP, not CNCS. b. Assignment. Neither the Project Sponsor nor the Project Host Site shall assign, transfer or encumber any rights,duties or interests accruing from this MOU without the written consent of the other. c. Notice. Any notice required under this MOU will be in writing, addressed to the appropriate party at the address which appears below(as modified in writing from time to time by such party),and given personally, by registered or certified mail,return receipt requested, by facsimile or by nationally recognized overnight courier service. • Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day 7 following transmission.Email and telephone may be used for purposes of administering the MOU, but should not be used to give any formal notice required by the MOU. PROJECT SPONSOR PROJECT HOST SITE Cliff Long Mark Gropper Director, Economic Development Division Executive Director Community& Economic Development Renton Housing Authority Department 2900 NE loth Street 1055 South Grady Way Renton,WA 98056 Renton,WA g8o57 Phone(425)226-185o X270 Phone(425)430-6591 Fax(425)271-8319 Fax(425)430-730o Email mrg rentonhousing.orq Email CLong©Rentonwa.gov d. Approval Authority. Each individual executing this MOU on behalf of the Project Sponsor and Project Host Site represents and warrants that such individuals are duly authorized to execute and deliver this MOU on behalf of the Project Sponsor or Project Host Site. e. Conflicts.Any exhibits/attachments to this MOU are incorporated by reference only to the extent of the purpose for which they are referenced within this MOU.To the extent a Project Host Site prepared exhibit conflicts with the terms in the body of this MOU or contains terms that are extraneous to the purpose for which it is referenced,the terms in the body of this MOU shall prevail and the extraneous terms shall not be incorporated herein. f. Governing Law.This MOU shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Project Host Site Host shall perform in accordance with all applicable federal,state,county and city laws,codes and ordinances. g. Joint Drafting Effort.This MOU shall be considered for all purposes as prepared by the joint efforts of the Project Sponsor and Project Host Site and shall not be construed against one party or the other as a result of the preparation,substitution,submission or other event of negotiation,drafting or execution. h. Jurisdiction and Venue.Any lawsuit or legal action brought by any party to enforce or interpret this MOU or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County,Washington,or its replacement or successor. i. Severability.A court of competent jurisdiction's determination that any provision or part of this MOU is illegal or unenforceable shall not cancel or invalidate the remainder of this MOU,which shall remain in full force and effect. j. Sole and Entire Agreement.This MOU contains the entire agreement of the parties and any representations or understandings,whether oral or written, not incorporated are excluded. 8 k. Time is of the Essence.Time is of the essence in this MOU and each and all of its provisions in which performance is a factor. I. Third-Party Beneficiaries.Nothing in this MOU is intended to, nor shall be construed to give any rights or benefits in the MOU to anyone other than the Project Sponsor and Project Host Site,and all duties and responsibilities undertaken pursuant to this MOU will be for the sole and exclusive benefit of the parties and no one else. m. Binding Effect.The parties each bind themselves,their partners,successors,assigns, and legal representatives to the other party to this MOU,and to the partners, successors,assigns,and legal representatives of such other party with respect to all covenants of the MOU. n. Waivers.All waivers shall be in writing and signed by the waiving party.Either party's failure to enforce any provision of this MOU shall not be a waiver and shall not prevent either the Project Sponsor or Project Host Site from enforcing that provision or any other provision of this MOU in the future.Waiver of breach of any provision of this MOU shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. o. Counterparts.The parties may execute this MOU in any number of counterparts,each of which shall constitute an original,and all of which will together constitute this one MOU. Signatures for MEMORAN UM OF UNDERSTANDING between Renton and he Renton Housing Authority. Signature • • Signatur C.E."Chip"Vincent,Administrator Mark Gropper Community&Economic Executive Director Development Department Renton Housing Authority,Washington City of Renton,Washington cC� �' Date / Z 81 ,z 01 `l Date Co• aC, 2d� I 9