REQUEST FOR EXPEDITED PROPOSALS SALT LAKE COUNTY. AmeriCorps Program Additional Allocations
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1 REQUEST FOR EXPEDITED PROPOSALS SALT LAKE COUNTY AmeriCorps Program Additional Allocations RFP #ORD Date of Issue: July 15, 2016 Division of Community Resources & Development Department of Office of Regional Development
2 TABLE OF CONTENTS I. Purpose II. III. IV. Term of Agreement Scope of Work Costs & Fees V. Proposal Submission Requirements & Evaluation Weight VI. Submission of Proposals VII. Notice of Proposers EXHIBIT A AmeriCorps Requirements EXHIBIT B Quarterly Report Sample EXHIBIT C AmeriCorps Members Job Duties ATTACHMENT A Proposal Cover Summary ATTACHMENT B Request for Protected Status ATTACHMENT C Procurement Preference System ATTACHMENT D Environmental Compliance Practices ATTACHMENT E Example RFP Agreement
3 AmeriCorps Program Additional Allocations EXPEDITED REQUEST FOR PROPOSALS RFP#ORD I. PURPOSE Salt Lake County (hereafter referred to as County), on behalf of its Division of Community Resources and Development, is soliciting proposals from qualified firms (hereafter referred to as Proposer / Contractor) to enter into multiple award contracts to provide placement opportunities for AmeriCorps members under the Corporation for National and Community Service (CNCS) Program. County has 4 Member Service Years (MSY) slots for this program year beginning October 1, County recently issued and received responses to an RFP for place AmeriCorps members in community organizations. Responses to that RFP were received on July 12, There are still four slots available that were not requested. Therefore, the County is issuing this expedited RFP. Organizations that originally submitted an RFP do not need to resubmit. However, if they wish to increase the number of AmeriCorps beyond what was included in their recent submittal, they may do so. II. III. TERM OF AGREEMENT The contract resulting from this solicitation will become effective on October 1, 2016 and will end September 30, The term may be renewed for additional 1 year contingent upon available funding and meeting performance expectations. SCOPE OF WORK The desired outcomes for these services are to have the AmeriCorps member have a positive experience during their term of service, learn skills that will help them in future employment, provide service opportunities for members to give back to the community, and receive their educational award. Clients who are homeless that have been assisted by AmeriCorps members will receive housing services, be placed in housing and maintain housing, receive supportive services, receive job placement services and employment and be referred to organizations that can provide other services they may need including access to mainstream services such as Social Security, education, training, medical, food stamps, or other public assistance programs. The sites hosting the AmeriCorps members will have a positive experience with the AmeriCorps program. County has 4 Member Service Years (MSY) slots for this program year beginning October 1, The slots would be full time (35 hours) per week or be part time (20 hours) per week. The exact configuration and number will be determined based on the responses received to this RFP. Organizations selected for hosting AmeriCorps members should be able to meet the following conditions: 1. Agree and adhere to the AmeriCorps requirements as outlined in Exhibit A 2. Provide a service opportunity for an AmeriCorps member that includes job duties that provide direct services (not administrative work) which are not currently being performed
4 by other staff and do not replace or displace current staff. 3. Provide services to the targeted population of homeless or formerly homeless individuals and families. Included in this population are refugees. 4. Provide supervision and appropriate job training for a full time member who will work approximately 35 hours per week or a part time member who will work approximately 20 hours a week until their term of service is completed. 5. Pay a match for each full time AmeriCorps member of $10,000/year, part time $5,000/year. Match must be cash match paid on a quarterly basis to Salt Lake County. 6. Continue to pay the cash match if a member leaves the program early and cannot be replaced. 7. Ensure that the members report time in the automated time keeping system on a daily basis and the member s time is approved by the site supervisor at least weekly (Monday). 8. Keep source documentation by individual AmeriCorps members on the services provided and outcomes achieved. Provide quarterly reports on AmeriCorps member activities and outcomes as required. These are unduplicated numbers of people served in the specific service categories. An example of the quarterly reports is included as Exhibit B 9. Perform mid-term and final performance reviews of AmeriCorps members. 10. Assist in the recruiting and selection of AmeriCorps members using the generic job description developed by Salt Lake County and more specific agency job descriptions. 11. Participate in an evaluation of the AmeriCorps program to help measure the effectiveness of program outcomes. 12. Attend an annual orientation at the beginning of the program year. Allow members to attend quarterly trainings and participate in 3-4 community service projects. Allow members to attend conferences such as the Utah Homeless Summit and the Utah Poverty Conference. 13. Keep track of supervisor time and benefit costs spent in supervising AmeriCorps members and report that to the County as requested. This is used to document in-kind match. IV. COSTS & FEES No other general costs for the operation of the AmeriCorps program are required of the agencies beyond the payment of match for AmeriCorps member except for: 1. If a member drives as part of their assignment, the agency is responsible for the payment of mileage reimbursement. 2. The County will pay for the first background check of a member but if that member decides not to take the position, the Agency pays for subsequent background checks for that position. Members will be paid a living allowance (stipend) twice each month on the 7 th and 22nd. The amount depends on their full or part time member status. Full time members are also eligible for health insurance benefits. V. PROPOSAL SUBMISSION REQUIREMENTS and EVALUATION WEIGHT All proposals submitted for evaluation must include the following information: 20% Firm's Qualifications and Team. Provide a brief description of your organization, the
5 scope and nature of services routinely provided and the names (with some explanation of their experience) of who would be supervising the AmeriCorps members. 25% Relevant Experience. Provide relevant experience you have had with hosting and supervising AmeriCorps members within your organization and the type of activities these individuals performed while serving in your organization. Provide a name and phone number of who could be contacted to verify this experience. If you have not had previous experience in hosting AmeriCorps members, please indicate any other relevant experience you may have had or currently have in the supervision and development of job duties for temporary employees, interns, fellowships, volunteers, etc. 25% Proposed Approach. Describe how your organizations will identify and define the type of work an AmeriCorps member will perform in your organization. Specifically identify how your organization will serve the homeless or formerly homeless (which could include refugees) with AmeriCorps members. Please indicate the number of AmeriCorps members (full or part time) you are requesting to be placed in your organization. 20% Project Schedule/Outcomes. Indicate the type of activities your AmeriCorps member(s) would provide that could be reported on a quarterly basis. See Exhibit B, Quarterly Report for the activities that need to be reported. Pay particular attention to the categories of employment and housing. Indicate the number of unduplicated individuals your organization would provide job placement and housing placement services and the number of unduplicated individuals your organizations would be placed in jobs and in housing. Indicate the source (verification) documentation you will use to demonstrate the number of individuals that receive a job and are placed in housing. 10% Proposed Match Indicate what funds will be used to pay the match for each AmeriCorps Member placed in your organization described above in item 5 in Section III Scope of Work, and provide assurances that you will pay the match if a member leaves before their term of service is complete even if they cannot be replaced. VI. SUBMISSION OF PROPOSALS Sealed proposals must be logged and stamped received before 2:00 PM on Tuesday, August 2, 2016 at Contracts & Procurement, 2001 South State Street, Room N4-600, Salt Lake City, Utah No proposals will be accepted after the closing date and time. Proposals may also be submitted electronically through BidSync by the same date and time posted. Questions shall be submitted through Bid Sync at Questions are due prior to the question date and time specified in Bid Sync. If a question/answer changes the RFP document, the change will be released in an addendum. Do NOT contact the Agency, Division, Department, or other County officers or employees. Reasonable accommodations for qualified individuals may be provided upon receipt of a request with 5 working days notice. Please contact Contracts and Procurement at TTY
6 users shall call 711 VII. NOTICE TO PROPOSERS A. Scoring Proposals The proposal will be evaluated, scored, and ranked by a Selection Committee. Each member of the committee will be provided a score sheet to complete the proposal evaluation utilizing the point system listed below. Committee Members individually score the proposals and rank them 1 st, 2 nd, 3 rd, etc. according to their total score. B. Costs All costs associated with the preparation of the proposal, as well as any other related materials, will be borne by the Proposer. All proposals become the property of Salt Lake County. Salt Lake County reserves the right to stop the selection process at any time if it is considered to be in the best interest of the County. Salt Lake County also reserves the right to reject any or all proposals submitted. C. Written Agreement Required The selected Proposer must agree to all requirements in the RFP scope of work unless an exemption is stated in the proposal. The selected Proposer must also be willing to enter into a written agreement with County and agree to all the terms set forth in the Standard Form RFP Agreement, attached to this RFP. IF YOU WISH TO ALTER THE RFP INCLUDING EXHIBITS, ATTACHMENTS, AND ADDENDA AND/OR ANY OF THE TERMS OF THE STANDARD AGREEMENT, THE EXCEPTION MUST BE SPECIFICALLY IDENTIFIED IN YOUR PROPOSAL WITH REASONABLE ALTERNATIVES PRESENTED. PROPOSER UNDERSTANDS THAT DEVIATIONS FROM THE STANDARD FORM AGREEMENTS ARE MADE AT THE COUNTY S DISCRETION. Proposers are advised that County is not bound by the terms of the RFP until a written agreement is fully executed and any activity taken by Proposer prior to a written agreement being fully executed is done at the Proposer s sole risk. D. Government Records Access and Management Act (GRAMA): County is a governmental entity subject to the Utah Government Records Access and Management Act ( GRAMA ), Utah Code Ann. 63G to Generally, GRAMA only protects against the disclosure of trade secrets or commercial information that could reasonably be expected to result in unfair competitive injury. All documents submitted in response to this RFP will be treated as public records in accordance with GRAMA, unless a claim of business confidentiality has been properly made and approved by County. E. Copyrighted Material Waiver: In the event that the proposal contains copyrighted or trademarked materials, by submitting its proposal the Proposer grants the County the right to use, reproduce, and publish the copyrighted or trademark materials in any manner the County deems necessary for conducting County business and for allowing public access to the responses under GRAMA or otherwise, including but not limited to photocopying, County Intranet/Internet postings, broadcast faxing, and direct mailing.
7 F. Restrictions On Communications From the issue date of this solicitation until a Proposer is selected and the selection is announced, Proposers are prohibited from communications regarding this procurement with agency staff, evaluation committee members, or other associated individuals EXCEPT the Procurement Officer overseeing this procurement. Failure to comply with this requirement may result in disqualification. G. RFP Cancellation This RFP may be cancelled at any time prior to the execution of a written agreement if deemed in the best interests of County. This includes cancellation of the RFP after an award has been made, but prior to the execution of a written contract. Proposer is not entitled to recover any costs related to the preparation of the proposal due to cancellation of the RFP or withdrawal of an award prior to the execution of a written agreement. H. Firm Pricing All prices, quotes, or proposals are to remain firm for 60 days after the closing date, unless a different period is stated in County s RFP. Any proposal that does not offer to remain firm for the required period may be considered to be non-responsive. I. Receiving Proposals Contracts and Procurement will administer receipt and opening of all proposals. After the closing time, only the identity of each Proposer will be made public. J. Protests Pursuant to Salt Lake County Code of Ordinances , a protest in regard to the RFP document must be submitted in writing prior to the RFP closing date. All other protests must be submitted in writing within five (5) business days after notification of the award is posted on Bid Sync. A protestor may file only one (1) protest after the RFP closing date. Protest letters must specifically and completely state the facts that the protestor believes constitute error in the RFP document or the award. K. Free and Competitive Selection Any agreement or collusion among prospective Proposers to fix a price or limit competition will render the proposal void, and such conduct is unlawful and subject to criminal sanction. By submitting a proposal, the Proposer hereby certifies that no one in its firm or company has either directly or indirectly restrained free and competitive selection, participated in any collusion, or otherwise taken any action unauthorized by County Purchasing Ordinances or applicable law. L. Environmentally Responsible Procurement Practices In compliance with Executive Order #2013-4, County has implemented environmentally responsible procurement practices. M. Debrief Meetings Debrief meetings with the selection committee members will not be allowed, however, a Proposer may discuss the RFP process with the Procurement Officer at any time.
8 EXHIBIT A
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26 EXHIBIT B Progress Report State of Utah, AmeriCorps Programs Program Year AmeriCorps Program:_Salt Lake County (Operation AmeriCorps) Person Completing this Report: Report Quarter: Demographic Information (Required Fields): Please provide the total number of individuals for the reporting period and YTD Category Definition Quarter 1 Quarter 2 Quarter 3 Quarter 4 Year to Date Number of episodic Number of volunteers, recruited and/or supported volunteers generated by directly by AmeriCorps members, who participated in AmeriCorps members.* one-time service projects. Each volunteer should be counted only once, even if an individual volunteer participated in more than one volunteer opportunity. Leveraged volunteers do not include AmeriCorps members, Learn & Service or RSVP direct program participants or FGP/SCP volunteers Number of ongoing Number of volunteers, recruited and/or supported volunteers generated by directly by AmeriCorps members, who have made an AmeriCorps members.* ongoing volunteer commitment. Each volunteer should be counted only once, even if an individual volunteer participated in more than one volunteer opportunity. Leveraged volunteers do not include AmeriCorps members, Learn & Service or RSVP direct program participants or FGP/SCP volunteers. Volunteer Hours Number of hours that the total number of volunteers (both episodic and ongoing) served during the reporting period. *Individual volunteers may not be counted in both the episodic and ongoing volunteer categories; the sum of the volunteers reported in these two categories must represent an unduplicated count. If you are unsure whether a voluntter is episodic or ongoing, report it in the "episodic" category. Additional Demographic Information (Required Fields-see below): This section contains a list of demographic indicators of interest to the Corporation and their stakeholders. Please note that you are not required to report on each indicator. However, IF your program includes these types of leveraged volunteers or target groups, you are required to include this data in your report. To complete this section, enter how many people you have worked with during the reporting period in each category for which you have collected data. If you do not collect data on an indicator, enter a zero (0) in that field. You may NOT duplicate the same client/individual across quarters, but you may account for the same client/individual in different categories (i.e. a college student volunteer who is also an individual mentored). Leveraged Volunteers Category (see Definitions below as necessary) Disadvantaged children and youth - # who were recruited or managed by AmeriCorps members as volunteers. See definition of "disadvantaged children and youth" below. College students - # who were recruited or managed by AmeriCorps members as volunteers. See definition of "college student" below. Quarter 1 Quarter 2 Quarter 3 Quarter 4 Year to Date Baby Boomers - # who were recruited or managed by AmeriCorps members as volunteers. See definition of "baby boomer" below. Veterans and military families - # of veterans who were recruited or managed by AmeriCorps members as volunteers. See definition of "veteran" below
27 EXHIBIT B Veterans and military families - # of active duty military members who were recruited or managed by AmeriCorps members as volunteers. See definition of "active duty" below. Populations Served Disadvantaged children and youth (see definition below) Children of incarcerated parents (see definition below) Individuals mentored (see definition below) Independent living services (see definition below) "Veterans and military families - # of veterans served. Count veterans who received direct support and assistance from AmeriCorps members Veterans and military families - # of veteran family members served. See definition of "veteran family member" below. Count is based on the number of family members who received direct support and assistance from AmeriCorps members. Each family member receiving services, even if they are part of the same veteran family, should be counted individually Veterans and military families - # of active duty military members served. Count military members who received direct support and assistance from AmeriCorps members. Veterans and military families - # of military family members served. See definition of "military family member" below. Count is based on the number of family members who received direct support and assistance from AmeriCorps members. Each family member receiving services, even if they are part of the same military family, should be counted individually Definitions: Active duty - Full-time duty in the active military service of the United States, including the U.S. Army, the U.S. Navy, the U.S. Air Force, the U.S. Marine Corps, and the U.S. Coast Guard. The includes members of hte Reserve Component serving on active duty or full-time training duty. CNCS consideres National Guard members and reservists and wounded warriors sub-groups of active duty military. Baby Boomer - born between 1946 and Children of incarcerated parents** children and youth up to age 25 who have one or both parents or legal guardians, serving or having served a period of time in jail and/or prison. **Only report if program is designed to work with this population. College Student Individual enrolled in a degree-seeking program at a community, professional, or technical college, or within an undergraduate or graduate program at a college or university. Disadvantaged Children and Youth Children and youth up to age 25 with exceptional or special needs (as defined in part of the DVSA regulations*), or who are economically disadvantaged and for whom one or more of the following apply: 1) out-of-school, including out-of-school youth who are unemployed; 2) in or aging out of foster care; 3) limited English proficiency; 4) homeless or have run away from home; 5) at-risk to leave school without a diploma; and 6) former juvenile offenders or at risk of delinquency. Independent living clients receiving independent living services, including respite care, to help them live independently in their homes in community-based settings. Mentored Individual formal, sustained relationships established between an older or more experienced person and a younger or less experienced person for the purpose of academic, social, or career support. This does not include the relationship between a teacher and his or her students in a classroom setting. If your program supports mentors who work with multiple mentees, please report total number of individuals mentored. Military Family Member - a person related by blood, marriage or adoption to an active duty member of the U.S. armed forces. See definition of "active duty" listed above. Opportunity Youth - economically disadvantaged individuals age who are disconnected from school or work for at least six months prior to service. Veteran - A person who served in the active military, naval or air service and who was discharged or released therefrom under condition other than dishonorable. Veteran Family Member - a person related by blood, marriage or adoption to a veteran of the U.S. armed forces, including one who is deceased. See definition of "veteran" listed above. * Children with exceptional needs. Children who are developmentally disabled, such as those who are autistic, have cerebral palsy or epilepsy, are visually impaired, speech impaired, hearing impaired, orthopedically impaired, are emotionally disturbed or have a language disorder, specific learning disability, have multiple disabilities, other significant health impairment or have literacy needs. (g) Children with special needs. Children who are abused or neglected; in need of foster care; adjudicated youth; homeless youths; teen-age parents; and children in need of protective intervention in their homes. Program Progress Reporting (Required Fields): Provide the appropriate output, intermediate outcome and/or end outcome data. Ensure that this report includes quantitative as well as qualitative data and responds directly to the measures indicated in the Performance Measure. Please be cautious on duplication of clients served in your performance measures. Do not hesitate to contact Don with any questions regarding duplication clarification. Performance Measure: Economic Opportunity Objective: Employment MSY and Slot Targets for Employment Objective MSY Target: 7 Slot Target: 7 Year to Date Actuals 0 0
28 EXHIBIT B Explanation of any actuals that are below target numbers: Quarter 1 Quarter 2 Quarter 3 Quarter 4 Year to Date Number of economically disadvantaged individuals receiving job placement services. Target: Data relating to progress toward performance measure. Please explain if activity levels are not on track to meet performance level. Quarter 1 Quarter 2 Quarter 3 Quarter 4 Year to Date Number of economically disadvantaged individuals placed in jobs. Target: Data relating to progress toward performance measure. Please explain if activity levels are not on track to meet performance level. Objective: Housing MSY and Slot Targets for Housing Objective MSY Target: 13 Slot Target: 13 Year to Date Actuals 0 0 Explanation of any actuals that are below target numbers: Quarter 1 Quarter 2 Quarter 3 Quarter 4 Year to Date Number of economically disadvantaged individuals receiving housing placement services. Target: Data relating to progress toward performance measure. Please explain if activity levels are not on track to meet performance level. Quarter 1 Quarter 2 Quarter 3 Quarter 4 Year to Date Number of economically disadvantaged individuals transitioned into housing. Target: Data relating to progress toward performance measure. Please explain if activity levels are not on track to meet performance level. Success and Challenges Describe any factors you have found to positively or negatively influence your program's performance. Use examples to illustrate the trends that you see affecting your performance overall. Please describe your progress toward securing your match. Describe your efforts to ensure the sustainability of your program beyond the grant period. You may include a list of match sources, strategic partnerships, in-kind resources, and/or capacity building efforts. Great Stories Highlight member activities which are especially reflective of the impact the program has in the community or on a client. Use examples that illustrate an innovative or highly successful aspect of program operation. Use as many pages as necessary and include the name of the member submitting each story as appropriate.
29 EXHIBIT B Member Experience Describe events, activities, trainings, etc. related to member development, which enhance the AmeriCorps member's experience. Volunteer Engagement Strategies Detail specific volunteer engagement strategies you have implemented along with the resulting outcomes of those strategies.
30 EXHIBIT C AmeriCorps Job Description Program Year Background and Purpose: Salt Lake County s AmeriCorps Program places AmeriCorps members in community agencies who serve individuals and families who are or have been homeless. Many of them have lived on the streets or in refugee camps for years. They often have challenges with mental health and substance abuse. Because they have been or are homeless, they lack job experience and life skills to gain employment. The focus of the County s AmeriCorps Program is on Economic Opportunity. One goal is helping individuals who are homeless get into safe, decent affordable housing and maintain their housing (housing stability). The other major goal is to improve the economic condition of individuals and families by providing activities that increase employable skills, help in securing employment and to access mainstream services which increase client assets and personal financial worth. To help with these efforts, AmeriCorps members will also work to recruit volunteers who can provide services and resources to individuals and families in the area of economic opportunity. Provided here is a generic job description that will be used to focus the activities of the members as well as record their time in the on-lime time keeping system. Activities Housing Placement: identify individuals and families in need of housing. Interview clients to assess the type and need for housing. Record client information for tracking in the agency data base. Provide clients with information on housing opportunities. Explain the rules and requirements of housing. Work with landlords to identify housing opportunities. Provide assistance to help clients find, prepared applications and move into housing. Housing Stability: Visit clients on a regular basis to assess housing stability. Develop working relationships with clients. Develop an individualized client self-sufficiency plan with goals. Based on assessments of client needs, refer clients to appropriate agencies for additional services such as mental health, substance abuse, public assistance, transportation and other supportive services. Communicate with property management staff to identify and reduce client problems. Act as an advocate for clients. Provide opportunities for clients to interact with others to foster healthy relationships and an overall positive housing experience through workshops, holiday celebrations, exercise groups, trips to local venues, trainings, etc. Employment: Develop and provide opportunities for clients to gain additional skills and abilities to become employed. Prepare employment assessments and employment plans. Discuss short and long term goals for employment. Assist with gathering information and preparing resumes. Engage in one on one job coaching. Provide internet training opportunities for trainings to learn how to do job search. Develop and locate appropriate employment opportunities for clients. Arrange and/or escort clients to potential places of employments. Promote and conduct workshops, classes and programs on employment related activities. Data and record keeping: Create and maintain individual client files and records for each client served and enter data on activities provided. Provide information on services provided for quarterly reports
31 EXHIBIT C that reflect activities provided in the areas of housing, employment and access to mainstream services. Develop a system to track unduplicated numbers of clients served. Access mainstream Services: Perform or use data from client assessments to determine additional needs to maintain housing and/or secure employment. Based on assessment data refer clients to other agencies for services such as mental health, substance abuse, public assistance, social security disability, etc. Follow up on referrals. Work directly with clients in filling out paper work or attending meetings with client to become eligible for services. Act as an advocate for clients. Manage an active caseload of clients seeking mainstream services. Volunteer Activities: Assist in the recruiting of volunteers and donated resources to help clients in their housing and employment activities. Assist in the management of volunteers to provide services to clients. Organize meaningful activities for clients that volunteers can provide. Develop systems to track the number of volunteers recruited and the hours of volunteer service provided. Training: Attend weekly staff/staffing meetings and other meetings at the host site. Participate in agency training activities to increase knowledge and skills in delivering client services. Attend AmeriCorps orientation and training sessions as required. Participate in monitoring visits of the sites by County staff. Participate with other AmeriCorps members in service projects. Minimum Requirements High School Diploma or equivalent Valid Utah Driver s License Experience working or volunteering in the Social Service field Ability to: Work occasional evenings and weekends Solve complex situations and diffuse explosive situations Approach problems pro-actively with a solution based focus Communicate effectively both verbally and in writing Establish working relationships with residents, co-workers, and other professionals Work independently as well as collaboratively as needed Provide constructive feedback to clients Maintain client confidentiality Display cultural competency, appreciation, compassion and understanding of the needs of clients Use personal vehicle as needed. Knowledge of: Issues impacting individuals who have been or are homeless Methods and techniques of effective case management and assessment skills Social service programs and community resources An FBI Criminal background check must be completed before hiring
32 ATTACHMENT E AmeriCorps Program Salt Lake County Contract No. District Attorney No. AGREEMENT FOR SERVICES AmeriCorps Program (Including funding provisions) THIS AGREEMENT is made and executed as of the day of, 201, by and between SALT LAKE COUNTY ( COUNTY ), a body corporate and politic of the State of Utah, by and through its Division of Community Resources and Development ( CRD ), and ( HOST ORGANIZATION ), collectively referred to herein as the Parties. RECITALS WHEREAS, COUNTY has entered into a grant agreement with the State of Utah to supervise within Salt Lake County an AmeriCorps Program ( Program ); and WHEREAS, the above-mentioned grant agreement authorizes COUNTY to contract with other entities, public or private, for services in support of the Program; and WHEREAS, the Parties intend to fully comply with the express and implied intent of the National and Community Service Act of 1990, 42 U.S.C et seq. (the Act ), as well all applicable federal, state, and local statutes, ordinances, and regulations; and WHEREAS, HOST ORGANIZATION intends to transfer funds to COUNTY to assist COUNTY in administering the Program. Example NOW THEREFORE, by virtue of the authority recited and the mutual promises contained herein, the Parties agree as follows: GENERAL PROVISIONS 1. Duration: This agreement shall be effective as of through. 2. Jurisdiction: The provisions of this agreement shall be governed by the laws of the State of Utah and the Ordinances of Salt Lake County, both as to interpretation and performance. All actions, including but not limited to court proceedings, administrative proceedings, arbitration and mediation proceedings, shall be commenced, maintained, adjudicated and resolved within the jurisdiction of Salt Lake County, State of Utah.
33 3. Conflict of Interest: HOST ORGANIZATION represents that none of its officers or employees are officers or employees of COUNTY unless such fact has been disclosed as required by the Utah Public Officers and Employees Ethics Act, et seq. (1953 as amended). 4. Termination: The parties may terminate their nonmonetary obligations under this agreement at any time with or without cause by giving 30 days written notice to the other party. All outstanding accounts and payments will be processed according to the terms and arrangements set forth herein for approved services rendered as of the date of termination. 5. Separability Clause: A declaration by any court, or any other binding legal source, that any provision of this agreement is illegal or void shall not affect the legality and enforceability of any other provision of this contract, unless such provisions are mutually dependent. SPECIAL PROVISIONS 1. COUNTY S DUTIES: COUNTY agrees to provide the services and resources described in Attachment A and to comply with the requirements of the AmeriCorps Provisions set forth in Attachment C. Both attachments are incorporated and made a part of this Agreement. 2. HOST ORGANIZATION S DUTIES: HOST ORGANIZATION agrees to provide the services and resources described in Attachment B and to comply with the requirements of the AmeriCorps Provisions set forth in Attachment C. Both attachments are incorporated and made a part of this Agreement. HOST ORGANIZATION also agrees to utilize AmeriCorps Members in the manner and to further purposes described in HOST ORGANIZATION s Proposal provided as Attachment D. All attachments are incorporated and made a part of this agreement. Example [THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK]
34 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as follows: SALT LAKE COUNTY ADMINISTRATIVE APPROVAL: COMMUNITY RESOURCES AND DEVELOPMENT By: Michael Gallegos, Director Date: Approved as to Form: By: Date: Lannie K. Chapman, Deputy District Attorney By: Salt Lake County Mayor or Designee Date: By: Example Title: Date: H:\Share\LChapman\CRD\Americorp\AmeriCorps Program Template (REVISED ).docx
35 ATTACHMENT A COUNTY shall: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) Provide full time AmeriCorps Member(s) ( ACMs ) to serve on behalf of HOST ORGANIZATION. Provide for education awards to ACMs who fulfill their complete 1700 hours for full time ACMs and 900 hours for part time ACMs within the service term, and receive satisfactory performance reviews. Provide program staff for consultation with HOST ORGANIZATION staff on decisions or problems concerning ACMs. Direct the Program by furthering recruitment, tutoring, and lawful services to lower income groups as set forth in its AmeriCorps state application. Provide program staff for overall supervision of ACMs including individual conferences. Maintain for three (3) years verifiable records documenting each ACM s eligibility to serve and any other information relating to each individual member. Conduct criminal background checks prior to ACM placement on all ACMs who, during the course of their service, will have substantial direct contact with children or who will perform service in the homes of children or individuals considered vulnerable, as determined by COUNTY, to the extent permitted by state and local law. COUNTY shall maintain the results of these background checks in the individual ACM files. Example Provide an orientation at the beginning of each ACM s term of service. Provide Worker s Compensation Insurance for ACM s as required by Utah Code Ann (1). Provide liability insurance for ACMs, which covers both on-site and off-site Project activities. Consult with, prior to ACM placement, local labor unions which represent employees of HOST ORGANZIATION or employees in the area served by the Program to insure compliance with the non-displacement requirements set forth by federal regulation. Allow ACMs who have served for at least twelve (12) months and 1250 hours to take leave in accordance with the Family and Medical Leave Act.
36 ATTACHMENT B HOST ORGANIZATION shall: (a) (b) (c) (d) (e) (g) (h) (i) Provide COUNTY with $ in consideration of the services provided by COUNTY to HOST ORGANIZATION (including but not limited to the services set forth in Attachment A) to offset COUNTY s costs associated with administering the Program. COUNTY will bill HOST ORGANIZATION quarterly for such funds. Provide the funds as set forth in subsection (a) of this attachment even if HOST ORGANIZATION terminates this agreement pursuant to Section 4 of the General Provisions contained in this agreement. COUNTY has no obligation to refund any funds on a pro rata, or any other, basis in the event of such termination by HOST ORGANIZATION. HOST ORGANIZATION agrees not to hire any AmeriCorps members to work at their agency until said member or members have completed their terms of service. Provide the funds as set forth in subsection (a) of this attachment even if one, or more, of the ACMs assigned to work for HOST ORGANIZATION terminates his or her relationship with the Program. If one, or more, of the ACMs assigned to perform services for HOST ORGANIZATION does terminate his or her relationship with the Program, COUNTY will have no obligation to replace such ACM. Maintain accurate time records and forward copies of each ACM s time records to COUNTY on a timely basis. Example Provide day-to-day supervision for the ACMs. Release ACMs from routine duties to attend special events, workshops, or training planned for them by AmeriCorps staff. Prevent ACM s from the following activities (i) Supplantation. Assistance may not be used to replace State and local public funds that had been used to support programs of the type eligible to receive support. For any given program, this condition will be satisfied if the aggregate non-federal public expenditure for that program in the fiscal year that support is to be provided is not less than the previous fiscal year. (ii) Religious use. Assistance may not be used to provide religious instruction, conduct worship services, or engage in any form of proselytization.
37 (iii) Political activity. Assistance may not be used by program participants or staff to assist, promote, or deter union organizing; or finance, directly or indirectly, any activity designed to influence the outcome of a Federal, State, or local election to public office. (iv) Contracts or collective bargaining agreements. Assistance may not be used to impair existing contracts for services or collective bargaining agreements. (v) Nonduplication. Assistance may not be used to duplicate an activity that is already available in the locality of a program. And, unless the requirements of this paragraph are met, assistance will not be provided to a private nonprofit entity to conduct activities that are the same or substantially equivalent to activities provided by a State or local government agency in which such entity resides. (vii) Nondisplacement. (1) An employer may not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving Assistance. (2) An organization may not displace a volunteer by using a participant in a program receiving Assistance. (3) A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual. (4) A participant in a program receiving Assistance may not perform any services or duties or engage in activities that would otherwise be performed by an employee as part of the assigned duties of such employee. Example (5) A participant in any program receiving assistance under this chapter may not perform any services or duties, or engage in activities, that: (i) Will supplant the hiring of employed workers; or (ii) Are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures. (6) A participant in any program receiving assistance under this chapter may not perform services or duties that have been performed by or were assigned to any: (i) Presently employed worker; (ii) Employee who recently resigned or was discharged;
38 (iii) Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures; (iv) Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or (v) Employee who is on strike or who is being locked out. (j) Not require or permit ACMs, during the course of their service, to: (1) Engage in efforts to influence legislation; (2) Organize or engage in protests, petitions, boycotts, or strikes; (3) Assist, promote, or deter union organizing; (4) Impair existing contracts for services or collective bargaining agreements; (5) Engage in partisan political activities or other activities designed to influence the outcome of an election; (6) Participate in, or endorse, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials; (7) Engage in religious instruction, conduct worship services, or provide any direct benefit to religious activities unless grant funds are not used to support the religious activity; or, Example (8) Engage in any organized fund raising including, but not limited to, financial campaigns, endowment drives, solicitation of gifts and bequests, and similar activities designed for the sole purpose of raising capital or obtaining contributions for HOST ORGANIZATION unless COUNTY determines, and approves in writing, that such activity complies with the AmeriCorps regulations. (k) (l) (m) Indemnify, defend, and hold COUNTY harmless for any injuries or damages arising out of HOST ORGANIZATION S acts or failure to act. Ensure the safety of all ACMs and prevent ACMs from participating in projects that pose undue safety risks. HOST ORGANIZATION shall comply with applicable uniform administrative requirements, cost principles, and audit requirements as described in 2 CFR 200, the Super Circular. The Super Circular supersedes and consolidates the
39 requirements from OMB Circulars A-21, A-50, A-87, A-89, A-102, A-110, A- 122, and A-13. (n) (o) (p) COUNTY may also suspend or terminate this Agreement, in whole or in part, in accordance with the provisions of 2 CFR Sections , if HOST ORGANIZATION materially fails to comply with any term of this Agreement, or with any of the rules, regulations or provisions referred to herein; and COUNTY may declare HOST ORGANIZATION ineligible for any further participation in COUNTY s contracts, in addition to other remedies as provided by law. HOST ORGANIZATION shall register and participate in the Status Verification System before entering into a contract with the county as required by Utah Code Section 63G (3). The Status Verification System is an electronic system operated by the federal government through which an authorized official of a state agency or a political subdivision of the state may inquire by exercise of authority pursuant to 8 U.S.C to verify the citizenship or immigration status of an individual within the jurisdiction of the agency or political subdivision. HOST ORGANIZATION is individually responsible for verifying the employment status of only new employees who work under the contractor s supervision or direction and not those who work for another contractor or subcontractor, except each contractor or subcontractor who works under or for another contractor shall certify to the main contractor by affidavit that the contractor or subcontractor has verified, through the Status Verification System, the employment status of each new employee of the respective contractor or subcontractor. HOST ORGANIZATION shall comply in all respects with the provisions of Utah Code Section 63G (3). Failure to so comply on the part of the contractor may result in the immediate termination of its Agreement with COUNTY. Should members need to use their private vehicles for travel related to their duties HOST ORGANIZATION will provide mileage reimbursement. Example
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